NY State Senate Bill 2021-S137

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to energy and telecommunications
Jan 06, 2021	referred to energy and telecommunications

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2021-S137 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §4, Pub Serv L
Versions Introduced in 2019-2020 Legislative Session:: S8968

2021-S137 (ACTIVE) - Summary

Increases the number of members in the public service commission from five to seven; provides requirements for certain members of the commission.

2021-S137 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S137

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the public service law, in relation to membership in the
public service commission

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill amplifies the focus on consumer protection within the public
service commission by adding two additional members, including consumer
protection credential requirements for at least two members, and requir-
ing that selection of commission members represent the racial, ethnic,
and geographic diversity of the state.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 4 of the public service law, to:

(a) increase the commission membership from five to seven;

(b) require that at least two members have significant background in
consumer protection; and

(c) require that the selection of commissioners reflect the racial,
ethnic, and geographic diversity of the state.  This section also makes
corresponding updates to the limitation on the number of members from
one political party by increasing that limit from three to five.

Section 2 sets the effective date

 
JUSTIFICATION:

With expansion of New York State's energy and communications services,
increasing population and development, lengthy time periods for resol-
ution of utility proceedings, and the repeated failure of public service
commission (PSC) oversight to remedy utility and communications compa-
nies' inadequate emergency preparedness, it is clear that the PSC lead-
ership needs augmentation and stronger representation of the public.

To address functional limitations of the PSC, this bill increases the
number of commissioners from five to seven, thereby expanding PSC's
capacity to handle increasing demands and improve current oversight and
operations. Additionally, the bill requires that at least two commis-
sioners have significant experience in consumer advocacy, thereby guar-
anteeing that the needs of consumers, whom the PSC is directed to repre-
sent, have a more active voice in the leadership of the PSC. Finally, to
better represent the diversity of the people of New York and improve
understanding of the issues faced by utility consumers throughout the
state, the bill stipulates that commissioners must be selected to be
representative of the racial, ethnic, and geographic diversity of the
state.

These measures will enhance PSC's ability to protect consumers and will
promote improved public trust in its efforts to support and defend the
people of New York.

 
PRIOR LEGISLATIVE HISTORY:
2020: Referred to Rules

 
FISCAL IMPLICATIONS:

The bill would entail a minimal cost of the salaries of two new commis-
sioners.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S137 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    137
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. MAYER, BROOKS, COMRIE, GOUNARDES, HARCKHAM, HOYLMAN,
   SALAZAR  --  read  twice  and  ordered printed, and when printed to be
   committed to the Committee on Energy and Telecommunications
 
 AN ACT to amend the public service law, in relation to membership in the
   public service commission
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 4 of the public service law, as amended by chapter
 155 of the laws of 1970, is amended to read as follows:
   § 4. The public service commission.  1. There shall be in the  depart-
 ment  of public service a public service commission, which shall possess
 the powers and duties hereinafter specified, and also all powers  neces-
 sary  or  proper to enable it to carry out the purposes of this chapter.
 The commission shall consist of [five] SEVEN members, to be appointed by
 the governor, by and with the advice and consent of the senate. AT LEAST
 TWO MEMBERS OF THE COMMISSION  SHALL  HAVE  SIGNIFICANT  BACKGROUNDS  IN
 UTILITY CONSUMER ADVOCACY.  MEMBERS OF THE COMMISSION SHALL BE CHOSEN TO
 BE  REPRESENTATIVE OF THE RACIAL, ETHNIC AND GEOGRAPHIC DIVERSITY OF THE
 STATE. A commissioner shall be designated as chairman of the  commission
 by  the governor to serve in such capacity at the pleasure of the gover-
 nor or until his OR HER term as  commissioner  expires  whichever  first
 occurs.  No  more  than [three] FIVE commissioners may be members of the
 same political party [unless, pursuant to action taken under subdivision
 two, the number of commissioners shall exceed five, and in such event no
 more than four commissioners  may  be  members  of  the  same  political
 party].
   2.  [Notwithstanding  subdivision  one,  whenever the commission shall
 certify to the governor that additional commissioners are needed for the
 proper disposition of the business before it, the governor may  increase
 the  membership  of  the  commission  to seven members by appointing two

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02684-01-1

 S. 137                              2

 additional commissioners by and with  the  advice  and  consent  of  the
 senate.  The  terms  of  office of such additional commissioners and the
 filling of vacancies during such terms shall be governed by  subdivision
 three,  except  that upon the expiration of the terms of such additional
 commissioners, no further appointments or reappointments shall  be  made
 to such additional offices, unless the commission shall first certify to
 the  governor  that  the  need for additional commissioners continues to
 exist.
   3.] The term of office of a commissioner shall be six years  from  the
 first  day  of February of the calendar year in which he OR SHE shall be
 appointed and commissioners shall serve on a  full-time  basis.  Upon  a
 vacancy [occuring] OCCURRING otherwise than by expiration of term in the
 office  of  any  commissioner,  the governor, by and with the advice and
 consent of the senate, shall fill the vacancy  by  appointment  for  the
 unexpired term.
   § 2. This act shall take effect immediately.

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Senate Bill S137

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Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

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co-Sponsors

2021-S137 (ACTIVE) - Details

2021-S137 (ACTIVE) - Summary

2021-S137 (ACTIVE) - Sponsor Memo

2021-S137 (ACTIVE) - Bill Text download pdf

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Sponsored By

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Actions

co-Sponsors

2021-S137 (ACTIVE) - Details

2021-S137 (ACTIVE) - Summary

2021-S137 (ACTIVE) - Sponsor Memo

2021-S137 (ACTIVE) - Bill Text download pdf

Comments