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.

Statutes affected:
S7225: 4 public service law, 4(4) public service law