NY State Senate Bill 2025-S7225

Senate Bill S7225

2025-2026 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
Apr 04, 2025	referred to energy and telecommunications

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2025-S7225 (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
2023-2024: S370

2025-S7225 (ACTIVE) - Summary

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

2025-S7225 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7225

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:

To remedy the issue that there are currently no statutory standards for
appointment to the Public Service Commission, other than provisions for
political party balance, and no process for selection of the most quali-
fied individuals.

 
SUMMARY OF PROVISIONS:

Section one of the bill 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 two of the bill adds a new § 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 desig-
nee);

(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 three of the bill sets the effective date

 
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 Public
Service Commission.

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
expires or when a vacancy otherwise occurs. To qualify, nominees would
need experience in an area such as law, regulatory affairs, engineering,
or consumer advocacy.
 
LEGISLATIVE HISTORY:

2023-24: S370 (Gianaris) died in Energy & Telecommunications

2021-22: S1249 (Gianaris) died in Energy & Telecommunications

2020: S1283 (Gianaris) died in Energy & Telecommunications

2019: S1283 (Gianaris) PASSED SENATE / A3819 (Rozic) died in corpo-
rations

2018: S2672 (Gianaris) died in Energy & Tel. / A9697 (Rozic) died in
corporations

2017: S2672 (Gianaris) died in Energy & Tel. / A8608 (Kavanagh) died in
corporations

2015-16: S2429 (Gianaris) died in Energy & Tel. / A5771 (Kavanagh) died
in corporations

2013-14: S576 (Gianaris) died in Energy & Tel. / A177 (Kavanagh) died in
corporations

2011-12: S1984 (Gianaris) died in Energy & Tel. / A1643 (Kavanagh) died
in corporations

2009-10: A1671 (Gianaris) died in corporations

2007-08: A8619 (Gianaris) died in corporations

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall become a law.

2025-S7225 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7225
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               April 4, 2025
                                ___________
 
 Introduced  by  Sens.  GIANARIS, HOYLMAN-SIGAL -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Energy
   and Telecommunications
 
 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.  Subdivision  4 of 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 THEIR DESIGNEE;
   (3) THE COMMISSIONER OF ECONOMIC DEVELOPMENT, OR THEIR DESIGNEE;
   (4) THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION, OR THEIR DESIGNEE;
   (5) THE ATTORNEY GENERAL, OR THEIR DESIGNEE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01792-01-5

 S. 7225                             2
 
   (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
 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.
 S. 7225                             3
 
   (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 S7225

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Sponsored By

Michael Gianaris