Bill Text: NY A06015 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to the membership of the public service commission.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2018-01-24 - enacting clause stricken [A06015 Detail]

Download: New_York-2017-A06015-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6015
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 21, 2017
                                       ___________
        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Corporations, Authorities and Commissions
        AN ACT to amend the public service law, in relation to the membership of
          the public service commission
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 4 of the public service law, as amended by  chapter
     2  155 of the laws of 1970, is amended to read as follows:
     3    §  4.  The  public  service  commission.  (a) 1. There shall be in the
     4  department of public service a public service  commission,  which  shall
     5  possess the powers and duties hereinafter specified, and also all powers
     6  necessary or proper to enable it to carry out the purposes of this chap-
     7  ter.  The commission shall consist of [five] eleven members, nine voting
     8  and two non-voting, as follows: seven voting members to be appointed  by
     9  the governor, by and with the advice and consent of the senate, one upon
    10  the  recommendation of the attorney general and one upon the recommenda-
    11  tion of the state comptroller; one voting member appointed by the speak-
    12  er of the assembly; one voting member appointed by the temporary  presi-
    13  dent  of the senate; and one non-voting member appointed by the minority
    14  leader of the assembly and one non-voting member appointed by the minor-
    15  ity leader of the senate. [A commissioner shall be designated as  chair-
    16  man  of  the commission by the governor to serve in such capacity at the
    17  pleasure of the governor or  until  his  term  as  commissioner  expires
    18  whichever  first occurs. No more than three commissioners may be members
    19  of the same political party  unless,  pursuant  to  action  taken  under
    20  subdivision  two,  the number of commissioners shall exceed five, and in
    21  such event no more than four commissioners may be members  of  the  same
    22  political  party.]  The  voting  members of the commission shall elect a
    23  chairperson from among its members.
    24    (b) To the maximum extent possible, the  commissioners  shall  possess
    25  broad  and extensive knowledge and experience in the areas of energy and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07600-01-7
        A. 6015                             2
     1  telecommunications issues, financing and regulation of utilities,  rate-
     2  making, or consumer protection and advocacy.
     3    2.  [Notwithstanding  subdivision  one,  whenever the commission shall
     4  certify to the governor that additional commissioners are needed for the
     5  proper disposition of the business before it, the governor may  increase
     6  the  membership  of  the  commission  to seven members by appointing two
     7  additional commissioners by and with  the  advice  and  consent  of  the
     8  senate.  The  terms  of  office of such additional commissioners and the
     9  filling of vacancies during such terms shall be governed by  subdivision
    10  three,  except  that upon the expiration of the terms of such additional
    11  commissioners, no further appointments or reappointments shall  be  made
    12  to such additional offices, unless the commission shall first certify to
    13  the  governor  that  the  need for additional commissioners continues to
    14  exist.
    15    3.] The term of office of a commissioner shall be six years  from  the
    16  first  day  of  February  of  the  calendar  year  in  which he shall be
    17  appointed and commissioners shall serve on a  full-time  basis.  Upon  a
    18  vacancy  occurring otherwise than by expiration of term in the office of
    19  any commissioner, [the governor, by and with the advice and  consent  of
    20  the  senate,] the appropriate appointing authority described in subdivi-
    21  sion one of this section shall fill the vacancy by appointment  for  the
    22  unexpired  term,  provided  that any appointment made by the governor to
    23  fill a vacancy pursuant to this subdivision shall be  by  and  with  the
    24  advice and consent of the senate.
    25    § 2. This act shall take effect immediately.