NY State Senate Bill 2023-S370

Senate Bill S370

2023-2024 Legislative Session

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

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Current 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to energy and telecommunications
Jan 04, 2023	referred to energy and telecommunications

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2023-S370 (ACTIVE) - Details

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:: 2011-2012: S1984
2013-2014: S576
2015-2016: S2429
2017-2018: S2672
2019-2020: S1283
2021-2022: S1249

2023-S370 (ACTIVE) - Summary

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

2023-S370 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S370

SPONSOR: GIANARIS
 
TITLE OF BILL:

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

 
PURPOSE:

Section 1 amends § 4 of the Public Service Law by adding a new subdivi-
sion 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 indi-
viduals 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 expira-
tion 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.

Section 3 sets the effective date.

 
SUMMARY OF PROVISIONS:

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.

 
EXISTING LAW:

Click here

 
JUSTIFICATION:

A Task Force convened in response to a massive power outage in western
Queens in 2006 found that unlike many other states, New York does not
have any substantive statutory standards for who may serve on the PSC.

New York has an extremely complex regulatory system surrounding the
provision of utility services, but unlike states like Ohio and Florida,
there are no formal qualifications or vetting process to be one of the
state's top utility regulators. The legislation creates the Public
Service Commission Nominating Board (PSCNB), comprised of utility
experts, representatives of the public and different branches of govern-
ment. The PSCNB would recommend four vetted, qualified nominees to the
Governor for appointment and confirmation anytime a Commissioner's term
was expiring or when a vacancy otherwise occurs.  To qualify, nominees
would need experience in an area such as law, regulatory affairs, engi-
neering, or consumer advocacy.

 
LEGISLATIVE HISTORY:

2022: Died in Energy and Telecommunications Telecommunications

2021: Died in Energy and Telecommunications

2020: Died in Energy and Telecommunications

2019: Passed Senate/Died in Assembly

2018: Died in Energy and Telecommunications

2017: Died in Energy and Telecommunications

2016: Died in Energy and Telecommunications

2015: Died in Energy and Telecommunications

2014: Died in Energy and Telecommunications

2012: Died in Energy and Telecommunications

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

Click here

 
EFFECTIVE DATE:
The 120th day after it shall become a law.

2023-S370 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    370
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by Sens. GIANARIS, HOYLMAN -- read twice and ordered printed,
   and  when printed to be committed to the Committee on Energy and Tele-
   communications
 
 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, as  added  by  chapter
 584 of the laws of 2021, is amended to read as follows:
   4.  Any  commissioner  appointed  on or after July first, two thousand
 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,  public  policy, consumer advocacy or environmental
 management AND 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 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.
                                                            LBD02505-01-3

 S. 370                              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. 370                              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.

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Senate Bill S370

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Sponsored By

Michael Gianaris