S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4405
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2023
                                ___________
 
 Introduced  by M. of A. STECK -- read once and referred to the Committee
   on Corporations, Authorities and Commissions
 
 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, subdivision 1 as amended by chapter 594 of  the
 laws  of  2021  and subdivision 4 as added by chapter 584 of the laws of
 2021, 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.    TWO
 MEMBERS OF THE COMMISSION SHALL BE SELECTED FROM A NOT-FOR-PROFIT ORGAN-
 IZATION  WITH  A MISSION OF CONSUMER PROTECTION AND/OR SOCIAL JUSTICE OR
 HAVING A BACKGROUND IN CONSUMER PROTECTION AND/OR SOCIAL JUSTICE.    ONE
 MEMBER  OF  THE  SEVEN MEMBER COMMISSION SHALL BE A RESIDENT OF A NONAT-
 TAINMENT AREA. A commissioner shall be designated  as  chairman  of  the
 commission  by the governor to serve in such capacity at the pleasure of
 the governor or until his OR HER term as commissioner expires  whichever
 first occurs. At least one commissioner shall have experience in utility
 consumer  advocacy.  No  more  than  [three]  FIVE  commissioners may be
 members of the same political party [unless, pursuant  to  action  taken
 under subdivision two of this section, 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06733-01-3
              

 A. 4405                             2

 proper  disposition of the business before it, the governor may increase
 the membership of the commission to  seven  members  by  appointing  two
 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.
   [4.]3. Any commissioner appointed on or after July first, two thousand
 twenty-two,  pursuant to this section shall have education and training,
 and three or more years of experience in one or more  of  the  following
 fields:  economics,  engineering,  law, accounting, business management,
 utility regulation, public policy, consumer  advocacy  or  environmental
 management.
   § 2. This act shall take effect immediately.