Senate Bill S8610

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8610
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             December 8, 2025
                                ___________
 
 Introduced  by Sen. GONZALEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public authorities law, in relation to the  trustees
   of the power authority of the state of New York
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "public power democracy act".
   § 2. Section 1003 of the public authorities law, as amended by chapter
 766 of the laws of 2005, is amended to read as follows:
   §  1003. Trustees. 1. The authority shall consist of [seven] SEVENTEEN
 trustees, five of whom shall serve respectively for terms of  one,  two,
 three, four and five years, to be appointed by the governor, by and with
 the  advice  and  consent  of the senate. The sixth and seventh trustees
 shall be appointed by the governor, by and with the advice  and  consent
 of  the  senate,  and  shall  serve  initial  terms of one and two years
 respectively.  OF THE TRUSTEES APPOINTED BY THE GOVERNOR, ONE SHALL BE A
 BONA FIDE EXPERT IN PUBLIC FINANCE, ONE SHALL BE A BONA FIDE  EXPERT  IN
 CONSUMER  ADVOCACY, AND ONE SHALL BE A BONA FIDE EXPERT IN ENVIRONMENTAL
 JUSTICE.  FIVE TRUSTEES SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF
 THE SENATE, OF WHICH ONE SHALL BE A REPRESENTATIVE OF A BONA FIDE  LABOR
 ORGANIZATION  THAT REPRESENTS WORKERS ENGAGED IN A COLLECTIVE BARGAINING
 AGREEMENT WITH THE AUTHORITY OR ITS SUBSIDIARIES, AND  ONE  SHALL  BE  A
 REPRESENTATIVE OF A BONA FIDE LABOR ORGANIZATION THAT REPRESENTS WORKERS
 EMPLOYED  BY  AN ORGANIZATION ENGAGED IN A POWER PURCHASE AGREEMENT WITH
 THE AUTHORITY. FIVE TRUSTEES SHALL BE APPOINTED BY THE  SPEAKER  OF  THE
 ASSEMBLY,  OF  WHICH ONE SHALL BE A BONA FIDE EXPERT IN RENEWABLE ENERGY
 SITING, AND ONE SHALL BE A BONA FIDE EXPERT IN BUILDING ELECTRIFICATION.
 Each trustee shall hold office until a successor has been appointed  and
 qualified  OR UNTIL REMOVED BY A MAJORITY VOTE OF THE LEGISLATURE OR THE
 GOVERNOR.  FURTHERMORE, THE NEW YORK STATE ENERGY RESEARCH AND  DEVELOP-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11229-06-5
              

 S. 8610                             2
 
 MENT  AUTHORITY  AND  THE OFFICE OF RENEWABLE ENERGY SITING AND ELECTRIC
 TRANSMISSION SHALL EACH BE ALLOWED TO APPOINT ONE NON-VOTING MEMBER.
   2.  At the expiration of the term of each trustee and of each succeed-
 ing trustee [the governor shall, by and with the advice and  consent  of
 the  senate,  appoint  a  successor, who shall hold office for a term of
 five years, or until a successor has been appointed  and  qualified.  In
 the  event of a vacancy occurring in the office of the trustee by death,
 resignation or otherwise, the governor shall, by and with the advice and
 consent of the senate, appoint a successor, who shall  hold  office  for
 the  unexpired  term.  Four  trustees  shall constitute a quorum for the
 purpose  of  organizing  the  authority  and  conducting  the   business
 thereof], OR THE EVENT OF A VACANCY OCCURRING IN THE OFFICE OF THE TRUS-
 TEE  BY  DEATH,  RESIGNATION  OR  OTHERWISE,  THE  ORIGINAL ENTITIES WHO
 APPOINTED THAT TRUSTEE SHALL APPOINT A SUCCESSOR WHO SHALL  HOLD  OFFICE
 FOR  THE  UNEXPIRED  TERM.   A MAJORITY OF THE APPOINTED VOTING TRUSTEES
 SHALL CONSTITUTE A QUORUM FOR THE PURPOSE OF  ORGANIZING  THE  AUTHORITY
 AND  CONDUCTING  THE  BUSINESS  THEREOF.  ANY AUTHORITY TRUSTEE OR BOARD
 MEMBER MAY BE TERMINATED BY EITHER A MAJORITY  VOTE  OF  THE  SENATE  OR
 ASSEMBLY,  OR  BY THE GOVERNOR. REASONS FOR TERMINATION MAY INCLUDE, BUT
 ARE NOT LIMITED TO:  FAILURE  TO  MEET  THE  RENEWABLE  ENERGY  TARGETS;
 CONFLICTS  OF  INTEREST; FAILURE TO PRIORITIZE CLIMATE JUSTICE, ENVIRON-
 MENTAL JUSTICE, OR ECONOMIC JUSTICE IN THE AUTHORITY'S OPERATIONS; SEXU-
 AL ASSAULT OR HARASSMENT; OR CORRUPTION.
   3. The trustee chosen as [chairman] CHAIR as provided in  section  one
 thousand  four of this title, shall receive an annual salary which shall
 be set by the trustees of the authority, and which shall not exceed  the
 salary  prescribed for the positions listed in paragraph (f) of subdivi-
 sion one of section one hundred sixty-nine of the  executive  law.  Each
 other  trustee  shall  not  receive a salary or other compensation. Each
 trustee shall receive [his or her]  THEIR  reasonable  expenses  in  the
 performance  of  [his  or her duties hereunder] THEIR DUTIES PURSUANT TO
 THIS SECTION. The trustee chosen as [chairman] CHAIR may elect to become
 a member of the New York state and local employees' retirement system on
 the basis of such compensation to which [he or she] SUCH CHAIR shall  be
 entitled as herein provided notwithstanding the provisions of any gener-
 al, special or local law, municipal charter, or ordinance.
   § 3. Section 1004 of the public authorities law, as amended by chapter
 506 of the laws of 2009, is amended to read as follows:
   §  1004.  Officers  and employees; expenses. The trustees shall choose
 from among their own number a [chairman] CHAIR and [vice-chairman] VICE-
 CHAIR. THE TERMS FOR CHAIR AND VICE-CHAIR SHALL  BE  TWO  YEARS.    They
 shall  select  such  officers and employees, including a chief executive
 officer whose appointment shall be subject to confirmation by the senate
 [in accordance with section twenty-eight hundred fifty-two of this chap-
 ter], and such engineering, marketing and legal officers and  employees,
 as  they  may  require  for  the  performance  of their duties and shall
 prescribe the duties and compensation of each officer and employee. They
 shall adopt by-laws and rules and regulations suitable to  the  purposes
 of  this  title.  As  long  as  and  to the extent that the authority is
 dependent upon appropriations for the payment of its expenses, it  shall
 incur  no  obligations for salary, office or other expenses prior to the
 making of appropriations adequate to meet the same.
   § 4. This act shall take effect immediately.