NY State Senate Bill 2025-S7328

Current Bill Status - On Floor Calendar

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 15, 2025	advanced to third reading
May 14, 2025	2nd report cal.
May 13, 2025	1st report cal.1100
Apr 10, 2025	referred to energy and telecommunications

Votes

- May 13, 2025 - Energy And Telecommunications Committee Vote
  S7328
  
  6
  
  Aye
  
  3
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: May 13, 2025
      
      aye (6)
      
      Gonzalez
      
      Hinchey
      
      Kavanagh
      
      May
      
      Parker
      
      Ryan
      
      nay (3)
      
      Mattera
      
      O'Mara
      
      Walczyk

2025-S7328 (ACTIVE) - Details

See Assembly Version of this Bill:: A8174
Law Section:: Public Service Law
Laws Affected:: Amd §§4 & 9, Pub Serv L

2025-S7328 (ACTIVE) - Summary

Increases the number of commissioners of the public service commission to nine; requires the commission to have a duty to protect public interest, including ensuring access to utility services for residential and business customers; prohibits commissioners from having been employed within the last two years by an electric, gas, steam, telecommunications, or water utility that is regulated by the commission.

2025-S7328 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7328

SPONSOR: HINCHEY
 
TITLE OF BILL:

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

 
PURPOSE:

To expand the number of PSC commissioners to 9, require an additional
consumer advocate and a labor representative to be on the commission, to
codify the commission's duty to protect the public interest and to
consumers, and to prohibit a former employee of a utility from serving
as a commissioner for two years following their departure from such
utility.

 
SUMMARY OF PROVISIONS:

Section one amends section four of the public service law to:

*Expand the PSC to nine commissioners

*Require that at least two commissioners have utility consumer advocacy
experience

*Require that at Least one commissioner has organized labor experience

*Require that the Governor make appointments to increase the diversity
of experience of the commissioners.

This section also expands the fields that commissioners are required to
have experience in to include organized labor.

Section one also adds a new paragraph four codifying the PSC's duty to
ensure affordable, safe, secure and reliable access to utility services
for residents and businesses and that PSC shall, in making its deci-
sions, prioritize the best interests of the utility consumer and afford-
ability for the utility consumer.

Section two amends section nine of the public service law to prohibit
someone from being appointed as a commissioner if they were employed by
a utility in the last two years.

Section three states the effective date.

 
JUSTIFICATION:

The Public Service Commission (PSC) is charged with regulating utilities
in New York including determining rates they can charge and ensuring
utilities provide adequate service. Their scope is sweeping covering
electricity, gas, steam, water and telecommunications. In order to meet
its mandate, the PSC must have commissioners representing a variety of
stakeholders. It must also be statutorily clear that the PSC is, first
and foremost, accountable to the public, not the utility companies and
that its core mission is to ensure that New Yorkers have affordable,
safe, and reliable access to utility services. This includes acting and
ruling in the best interests of ratepayers while ensuring affordable
rates for all consumers.
This legislation would bring the PSC more in line with serving the
interests of ratepayers in several ways:

First, it would require the appointment of two additional commissioners,
bringing the total to 9, with one designated as a second utility consum-
er advocate (up from one in current law) and the second being a repre-
sentative from organized labor.

Second, the bill requires that, as commissioner spots become available
on the PSC, the Governor make appointments that will ensure varied expe-
rience in as many of the statutorily listed related fields, as possible.

Third, the bill codifies the PSC's duty to ensure affordable, safe,
secure and reliable access to utility services for residents and busi-
nesses, while protecting the natural environment in a way that is
consistent with the state's climate goals and with a priority on the
best interests of and affordability for utility consumers.

Finally, this legislation would prohibit any employee of a utility regu-
lated by the commission from serving as a commissioner for two years
after the end of their employment, consistent with the legislature's
lobbying ban, to prevent regulatory capture and ensure the independence
of the commission,

Each of these reforms will help ensure that the PSC stands up for the
interests of ratepayers and prioritizes affordable rates for New Yorkers
during any rate case or PSC proceeding.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None to state.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to any commis-
sioner appointed on or after such date.

2025-S7328 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7328
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 10, 2025
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11584-01-5
 S. 7328                             2

   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
 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.

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Senate Bill S7328

Sponsored By

Current Bill Status - On Floor Calendar

May 13, 2025 - Energy And Telecommunications Committee Vote

Energy And Telecommunications Committee Vote: May 13, 2025

2025-S7328 (ACTIVE) - Details

2025-S7328 (ACTIVE) - Summary

2025-S7328 (ACTIVE) - Sponsor Memo

2025-S7328 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7328

Share this bill

Sponsored By

Michelle Hinchey

Current Bill Status - On Floor Calendar

2025-S7328 (ACTIVE) - Details

2025-S7328 (ACTIVE) - Summary

2025-S7328 (ACTIVE) - Sponsor Memo

2025-S7328 (ACTIVE) - Bill Text download pdf

Comments