BILL NUMBER: S7328
SPONSOR: HINCHEY
 
TITLE OF BILL:
An act to amend the public service law, in relation to the commissioners
of the public service commission
 
PURPOSE:
To expand the number of PSC commissioners to 9, require an additional
consumer advocate and a labor representative to be on the commission, to
codify the commission's duty to protect the public interest and to
consumers, and to prohibit a former employee of a utility from serving
as a commissioner for two years following their departure from such
utility.
 
SUMMARY OF PROVISIONS:
Section one amends section four of the public service law to:
*Expand the PSC to nine commissioners
*Require that at least two commissioners have utility consumer advocacy
experience
*Require that at Least one commissioner has organized labor experience
*Require that the Governor make appointments to increase the diversity
of experience of the commissioners.
This section also expands the fields that commissioners are required to
have experience in to include organized labor.
Section one also adds a new paragraph four codifying the PSC's duty to
ensure affordable, safe, secure and reliable access to utility services
for residents and businesses and that PSC shall, in making its deci-
sions, prioritize the best interests of the utility consumer and afford-
ability for the utility consumer.
Section two amends section nine of the public service law to prohibit
someone from being appointed as a commissioner if they were employed by
a utility in the last two years.
Section three states the effective date.
 
JUSTIFICATION:
The Public Service Commission (PSC) is charged with regulating utilities
in New York including determining rates they can charge and ensuring
utilities provide adequate service. Their scope is sweeping covering
electricity, gas, steam, water and telecommunications. In order to meet
its mandate, the PSC must have commissioners representing a variety of
stakeholders. It must also be statutorily clear that the PSC is, first
and foremost, accountable to the public, not the utility companies and
that its core mission is to ensure that New Yorkers have affordable,
safe, and reliable access to utility services. This includes acting and
ruling in the best interests of ratepayers while ensuring affordable
rates for all consumers.
This legislation would bring the PSC more in line with serving the
interests of ratepayers in several ways:
First, it would require the appointment of two additional commissioners,
bringing the total to 9, with one designated as a second utility consum-
er advocate (up from one in current law) and the second being a repre-
sentative from organized labor.
Second, the bill requires that, as commissioner spots become available
on the PSC, the Governor make appointments that will ensure varied expe-
rience in as many of the statutorily listed related fields, as possible.
Third, the bill codifies the PSC's duty to ensure affordable, safe,
secure and reliable access to utility services for residents and busi-
nesses, while protecting the natural environment in a way that is
consistent with the state's climate goals and with a priority on the
best interests of and affordability for utility consumers.
Finally, this legislation would prohibit any employee of a utility regu-
lated by the commission from serving as a commissioner for two years
after the end of their employment, consistent with the legislature's
lobbying ban, to prevent regulatory capture and ensure the independence
of the commission,
Each of these reforms will help ensure that the PSC stands up for the
interests of ratepayers and prioritizes affordable rates for New Yorkers
during any rate case or PSC proceeding.
 
LEGISLATIVE HISTORY:
New Bill.
 
FISCAL IMPLICATIONS:
None to state.
 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to any commis-
sioner appointed on or after such date.

Statutes affected:
S7328: 9 public service law