NY State Senate Bill 2017-S2672

Senate Bill S2672

2017-2018 Legislative Session

Establishes a public service commission nominating board to make recommendations of persons qualified for appointment as commissioners of the public service commission

download bill text pdf

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to energy and telecommunications
Jan 17, 2017	referred to energy and telecommunications

2017-S2672 (ACTIVE) - Details

See Assembly Version of this Bill:: A9697
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §4, add §4-a, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A1671
2011-2012: S1984, A1643
2013-2014: S576, A177
2015-2016: S2429, A5771
2019-2020: S1283, A3819
2021-2022: S1249, A476
2023-2024: S370

2017-S2672 (ACTIVE) - Summary

Establishes a public service commission nominating board to make recommendations of persons qualified for appointment as commissioners of the public service commission.

2017-S2672 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2672

 TITLE OF BILL :  An act to amend the public service law, in relation
to the appointment of members of the public service commission

 SUMMARY OF PROVISIONS :

Section 1 amends § 4 of the Public Service Law by adding a new
subdivision 4, providing that, to ensure the highest standard of
public utility regulation, any person appointed as a member of the
Public Service Commission (PSC) shall be qualified for such
appointment as provided in 4-a of such law.

Section 2 adds a new section 4-a to the Public Service Law, which in
summary provides:

* any person appointed as a PSC commissioner shall (a) have education
and training and 3 or more years of experience in one or more of the
following fields: economics, engineering, law, accounting business
management, utility regulation, public policy, consumer advocacy or
environmental management; and (b) shall be selected from a list of
individuals chosen by the Public Service Commission Nominating Board
(PSCNB);

* the PSCNB consists of the following individuals: (1) the Executive
Director of the Consumer Protection Board (or designee);

(2) the President of NYSERDA (or designee);

(3) the Commissioner of Economic Development (or designee);

(4) the Commissioner of Environmental Conservation (or designee)

(5) the Attorney General (or designee);

(6) a professional engineer appointed by the Commissioner of
Education;

(7) a certified public accountant appointed by the Commissioner of
Education;

(8) a person 65 years of age of older appointed by the Director of the
state Office for the Aging;

(9) a representative of business entities regulated by the PSC,
appointed by the Governor;

(10) a representative of business entities that are not regulated by
the PSC, appointed by the governor;

(11) a representative of labor appointed by the governor;

(12) two members of the public appointed by the Speaker of the
Assembly;

(13) two members of the public appointed by the Temporary President of
the Senate;

(14) a member of the public appointed by the Assembly Minority; and

(15) a member of the public appointed by the Senate Minority Leader.

*The PSCNB shall select a chairperson, adopt bylaws, and keep a record
of its proceedings. Special meetings may be called by the chairperson,
and shall be called by the chairperson upon receipt of a written
request for a meeting signed by two or more members of the board.
*The PSCNB shall review and evaluate possible appointees for the
office of commissioner of the PSC, and, within 2-3 months prior to the
expiration of a PSC commissioner's term or within one month after the
death, resignation or termination of service of such a member, shall
provide the Governor with a list of 4 individuals who the PSCNB
adjudges to be the most fully qualified to serve on the commission.
The board shall not include the name of an individual upon the list if
his or her appointment would result in a greater number of members of
the PSC belonging to the same political party than is permitted
pursuant to section four of this chapter.

*Within 30 days of receipt of the PSCNB's recommendations, the
Governor shall fill the vacancy by appointment of one of the persons
recommended by the board, or may reject all nominees of the-board and
reconvene the PSCNB in order to select 4 additional nominees.
However, once the Governor has done so and the PSCNB has provided a
second list of 4 names, the Governor shall make the appointment from
one of the names on the first list or the second list.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :

There are currently no statutory standards for appointment to the PSC,
other than provisions for political party balance, and no process for
selection of the most qualified individuals.

 JUSTIFICATION :

In the Summer of 2006, the western part of Queens suffered a massive
power outage that lasted 9 days. The Assembly Queens Power Outage Task
Force studied the outage's causes and the inadequate responses by the
company responsible for the transmission and distribution system,
Consolidated Edison, and by the Public Service Commission.  One
underlying cause of this debacle was found to be the reliance by New
York's utility regulators on antiquated laws, regulations and policies
that let companies engaged in energy transmission and distribution
operate without effective oversight. The Task Force found that, unlike
many other states, New York does not have any substantive statutory
standards for who may serve on the PSC. This bill sets forth such
standards, as well as a process similar to those utilized in Ohio and
Florida to seek out the most qualified individuals to assist the state
in this vital area of regulation.

 PRIOR LEGISLATIVE HISTORY :

2016: Died in Energy and Telecommunications
2015: Died in Energy and Telecommunications
2014: Senate Bill 576 (Gianaris) - Died in Senate Energy &
Telecommuni- cations Committee
2012: Senate Bill 1964 (Gianaris) - Died in Senate Energy & Telecommu-
nications Committee
2012: Assembly Bill 1643 (Kavanagh) - Died in Assembly Corporations
Authorities and Commissions Committee
2010: Assembly Bill 1671 (Gianaris) - Died in Assembly Corporations
Authorities and Commissions Committee
2008: Assembly Bill 8619 (Gianaris) - Died in Assembly Corporations
Authorities and Commissions Committee

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.

 EFFECTIVE DATE :
The 120th day after enactment.

2017-S2672 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2672
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2017
                                ___________
 
 Introduced  by Sen. GIANARIS -- 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 appointment
   of members 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 is amended by adding a
 new subdivision 4 to read as follows:
   4. TO ENSURE THE HIGHEST STANDARD OF PUBLIC  UTILITY  REGULATION,  ANY
 PERSON  APPOINTED  AS  A COMMISSIONER PURSUANT TO THE PROVISIONS OF THIS
 SECTION SHALL BE QUALIFIED FOR SUCH APPOINTMENT AS PROVIDED  IN  SECTION
 FOUR-A OF THIS ARTICLE.
   §  2. The public service law is amended by adding a new section 4-a to
 read as follows:
   § 4-A. PUBLIC SERVICE  COMMISSION  NOMINATING  BOARD.  1.  ANY  PERSON
 APPOINTED  AS  A COMMISSIONER PURSUANT TO THE PROVISIONS OF SECTION FOUR
 OF THIS ARTICLE SHALL (A) 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,
 PUBLIC POLICY, CONSUMER ADVOCACY OR ENVIRONMENTAL  MANAGEMENT;  AND  (B)
 SHALL  BE  SELECTED  FROM A LIST OF INDIVIDUALS NOMINATED AS PROVIDED IN
 SUBDIVISION TWO OF THIS SECTION.
   2. (A) THERE SHALL BE ESTABLISHED IN THE DEPARTMENT A  PUBLIC  SERVICE
 COMMISSION NOMINATING BOARD CONSISTING OF THE FOLLOWING:
   (1)  A REPRESENTATIVE OF THE UTILITY INTERVENTION UNIT OF THE CONSUMER
 PROTECTION DIVISION APPOINTED BY THE SECRETARY OF STATE;
   (2) THE PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH  AND  DEVELOP-
 MENT AUTHORITY, OR HIS OR HER DESIGNEE;
   (3) THE COMMISSIONER OF ECONOMIC DEVELOPMENT, OR HIS OR HER DESIGNEE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01919-01-7

 S. 2672                             2
 
   (4)  THE  COMMISSIONER  OF  ENVIRONMENTAL  CONSERVATION, OR HIS OR HER
 DESIGNEE;
   (5) THE ATTORNEY GENERAL, OR HIS OR HER DESIGNEE;
   (6)  A  PROFESSIONAL  ENGINEER APPOINTED BY THE COMMISSIONER OF EDUCA-
 TION, TO SERVE AT THE PLEASURE OF SUCH COMMISSIONER;
   (7) A CERTIFIED PUBLIC ACCOUNTANT APPOINTED  BY  THE  COMMISSIONER  OF
 EDUCATION, TO SERVE AT THE PLEASURE OF SUCH COMMISSIONER;
   (8)  A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER APPOINTED BY THE DIREC-
 TOR OF THE STATE OFFICE FOR THE AGING, TO SERVE AT THE PLEASURE OF  SUCH
 DIRECTOR;
   (9) A REPRESENTATIVE OF BUSINESS ENTITIES REGULATED BY THE COMMISSION,
 APPOINTED BY THE GOVERNOR, TO SERVE AT THE PLEASURE OF THE GOVERNOR;
   (10)  A  REPRESENTATIVE OF BUSINESS ENTITIES THAT ARE NOT REGULATED BY
 THE COMMISSION, APPOINTED BY THE GOVERNOR, TO SERVE AT THE  PLEASURE  OF
 THE GOVERNOR;
   (11)  A REPRESENTATIVE OF LABOR APPOINTED BY THE GOVERNOR, TO SERVE AT
 THE PLEASURE OF THE GOVERNOR;
   (12) TWO MEMBERS OF THE PUBLIC APPOINTED BY THE SPEAKER OF THE  ASSEM-
 BLY, TO SERVE AT THE PLEASURE OF THE SPEAKER;
   (13) TWO MEMBERS OF THE PUBLIC APPOINTED BY THE TEMPORARY PRESIDENT OF
 THE SENATE, TO SERVE AT THE PLEASURE OF THE TEMPORARY PRESIDENT;
   (14)  A  MEMBER  OF THE PUBLIC APPOINTED BY THE MINORITY LEADER OF THE
 ASSEMBLY, TO SERVE AT THE PLEASURE OF THE MINORITY LEADER; AND
   (15) A MEMBER OF THE PUBLIC APPOINTED BY THE MINORITY  LEADER  OF  THE
 SENATE, TO SERVE AT THE PLEASURE OF THE MINORITY LEADER.
   (B)  AT  ITS  INITIAL  MEETING IN EACH CALENDAR YEAR, SUCH BOARD SHALL
 SELECT FROM AMONG ITS MEMBERS A CHAIRPERSON. THE BOARD MAY ADOPT  BYLAWS
 GOVERNING ITS PROCEEDINGS.
   (C) THE PUBLIC SERVICE COMMISSION NOMINATING BOARD SHALL KEEP A RECORD
 OF  ITS  PROCEEDINGS. SPECIAL MEETINGS MAY BE CALLED BY THE CHAIRPERSON,
 AND SHALL BE CALLED BY THE CHAIRPERSON UPON RECEIPT OF A WRITTEN REQUEST
 FOR A MEETING SIGNED BY TWO OR MORE MEMBERS OF THE BOARD. WRITTEN NOTICE
 OF THE TIME AND PLACE OF EACH MEETING SHALL BE SENT TO  EACH  MEMBER  OF
 THE BOARD.
   (D) THE PUBLIC SERVICE COMMISSION NOMINATING BOARD SHALL:
   (1)  REVIEW AND EVALUATE POSSIBLE APPOINTEES FOR THE OFFICE OF COMMIS-
 SIONER OF THE COMMISSION;
   (2) NOT MORE THAN EIGHTY-FIVE NOR LESS THAN SIXTY DAYS  PRIOR  TO  THE
 EXPIRATION  OF  THE TERM OF A COMMISSIONER, OR NOT MORE THAN THIRTY DAYS
 AFTER THE DEATH OR RESIGNATION  OF  OR  TERMINATION  OF  SERVICE  BY,  A
 COMMISSIONER, PROVIDE THE GOVERNOR WITH A LIST OF FOUR INDIVIDUALS MEET-
 ING  THE  QUALIFICATIONS OF THIS SECTION WHO ARE, IN THE JUDGMENT OF THE
 BOARD, THE MOST FULLY QUALIFIED TO SERVE ON THE  COMMISSION.  THE  BOARD
 SHALL  NOT  INCLUDE  THE NAME OF AN INDIVIDUAL UPON ANY SUCH LIST IF THE
 APPOINTMENT OF THAT INDIVIDUAL BY THE GOVERNOR WOULD RESULT IN A GREATER
 NUMBER OF MEMBERS OF THE COMMISSION  BELONGING  TO  THE  SAME  POLITICAL
 PARTY THAN IS PERMITTED PURSUANT TO SECTION FOUR OF THIS ARTICLE.
   (3)  IN REVIEWING AND EVALUATING POSSIBLE APPOINTEES FOR THE OFFICE OF
 COMMISSIONER OF THE COMMISSION, THE  BOARD  MAY  ACCEPT  COMMENTS  FROM,
 COOPERATE WITH AND REQUEST INFORMATION FROM ANY PERSON.
   (E)  WITHIN THIRTY DAYS OF RECEIPT OF THE BOARD'S RECOMMENDATIONS, THE
 GOVERNOR SHALL APPOINT ONE OF THE PERSONS RECOMMENDED BY  THE  BOARD  TO
 FILL  A VACANCY OCCURRING IN THE OFFICE OF COMMISSIONER. NOTHING IN THIS
 SECTION SHALL PREVENT THE GOVERNOR IN  THE  GOVERNOR'S  DISCRETION  FROM
 REJECTING  ALL OF THE NOMINEES OF THE BOARD AND RECONVENING THE BOARD IN
 ORDER TO SELECT FOUR ADDITIONAL NOMINEES. HOWEVER, WHEN THE GOVERNOR HAS

 S. 2672                             3
 
 RECONVENED THE BOARD AND THE BOARD HAS  PROVIDED  THE  GOVERNOR  WITH  A
 SECOND  LIST OF FOUR NAMES, THE GOVERNOR SHALL MAKE THE APPOINTMENT FROM
 ONE OF THE NAMES ON THE FIRST LIST OR THE SECOND LIST.
   (F)  THE  MEMBERS OF THE BOARD SHALL RECEIVE NO COMPENSATION FOR THEIR
 SERVICES ON THE BOARD BUT SHALL BE ENTITLED TO  REIMBURSEMENT  OF  THEIR
 ACTUAL AND NECESSARY EXPENSES.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.