S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8174
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 5, 2025
                                ___________
 
 Introduced  by M. of A. ROZIC -- read once and referred to the Committee
   on Corporations, Authorities and Commissions
 
 AN ACT to amend the public service law, in relation to the commissioners
   of 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] NINE members, to be appointed  by
 the  governor,  by  and  with  the  advice  and consent of the senate. A
 commissioner shall  be  designated  as  [chairman]  CHAIRPERSON  of  the
 commission  by the governor to serve in such capacity at the pleasure of
 the governor or until [his] THEIR term as commissioner expires whichever
 first occurs. At least [one commissioner] TWO COMMISSIONERS  shall  have
 experience  in  utility  consumer advocacy AND AT LEAST ONE COMMISSIONER
 SHALL HAVE ORGANIZED LABOR EXPERIENCE. FOR EACH  NEW  COMMISSIONER,  THE
 GOVERNOR  SHALL  MAKE APPOINTMENTS TO REASONABLY ENSURE THAT THE COMMIS-
 SIONERS REPRESENT THE MAXIMUM NUMBER OF FIELDS SPECIFIED IN  SUBDIVISION
 THREE  OF  THIS  SECTION. 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.
                                                            LBD11584-01-5
              

 A. 8174                             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.] 2. The term of office of a commissioner shall be six  years  from
 the  first  day  of  February  of  the  calendar year in which [he] SUCH
 COMMISSIONER shall be appointed and commissioners shall serve on a full-
 time basis. Upon a vacancy 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 thou-
 sand 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 INCLUDING THE REGULATION OF
 ELECTRIC,  GAS,  STEAM,   TELECOMMUNICATIONS,   AND   WATER[,];   public
 policy[,];  consumer advocacy; ORGANIZED LABOR; or environmental manage-
 ment.
   4. IN CARRYING OUT ITS POWERS AND DUTIES PURSUANT TO THIS CHAPTER, THE
 COMMISSION SHALL HAVE A DUTY TO PROTECT THE PUBLIC INTEREST.  SUCH  DUTY
 SHALL  INCLUDE ENSURING AFFORDABLE, SAFE, SECURE, AND RELIABLE ACCESS TO
 UTILITY SERVICES FOR RESIDENTIAL AND BUSINESS CUSTOMERS, INCLUDING ELEC-
 TRIC, GAS, STEAM, TELECOMMUNICATIONS, AND WATER,  WHILE  PROTECTING  THE
 NATURAL  ENVIRONMENT  CONSISTENT  WITH  THE STATE'S GOALS TO ADDRESS THE
 CLIMATE CRISIS PURSUANT TO ARTICLE  SEVENTY-FIVE  OF  THE  ENVIRONMENTAL
 CONSERVATION  LAW.   DETERMINATIONS MADE OR ACTIONS TAKEN BY THE COMMIS-
 SION IN CARRYING OUT ITS DUTIES SHALL PRIORITIZE THE BEST  INTERESTS  OF
 THE UTILITY CONSUMER AND AFFORDABILITY FOR THE UTILITY CONSUMER.
   § 2. Section 9 of the public service law, as amended by chapter 155 of
 the laws of 1970, is amended to read as follows:
   § 9. Oath  of office; eligibility of commissioners and officers.  Each
 commissioner and each person  appointed  to  office  by  the  [chairman]
 CHAIRPERSON  shall,  before  entering  upon  the  duties  of [his] THEIR
 office, take and subscribe the constitutional oath of office. The  oaths
 of  office  other  than  those  of  a commissioner shall be filed in the
 office of the commission. No person shall be eligible for appointment or
 shall hold the office of commissioner or be appointed to, or  hold,  any
 office or position under the commission, who holds any official relation
 to  any  person or corporation subject to the supervision of the commis-
 sion, or who owns stocks or bonds of any  such  corporation.  NO  PERSON
 SHALL  BE  ELIGIBLE  FOR APPOINTMENT OR SHALL HOLD THE OFFICE OF COMMIS-
 SIONER IF IN THE PREVIOUS TWO YEARS THEY WERE EMPLOYED BY  AN  ELECTRIC,
 GAS,  STEAM,  TELECOMMUNICATIONS,  OR WATER UTILITY THAT IS REGULATED BY
 THE COMMISSION.
   § 3. This act shall take effect immediately and  shall  apply  to  any
 commissioner appointed on or after such date.