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.