S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7300
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      May 4, 2015
                                      ___________
       Introduced  by  M.  of  A.  BRENNAN, BRONSON, GOTTFRIED, JAFFEE, KEARNS,
         LINARES, MAYER, MOSLEY, SILVER, SIMON, TITONE -- Multi-Sponsored by --
         M. of A. ABBATE, BLAKE, ENGLEBRIGHT, GLICK, GUNTHER,  HIKIND,  LENTOL,
         McDONOUGH,  MONTESANO,  NOLAN,  SCHIMMINGER,  THIELE  -- read once and
         referred to the Committee on Corporations, Authorities and Commissions
       AN ACT to amend the public service law, in relation to the membership of
         the public service commission
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 4 of the public service law, as amended by chapter
    2  155 of the laws of 1970, is amended to read as follows:
    3    S 4. The public service commission. (A)  1.  There  shall  be  in  the
    4  department  of  public  service a public service commission, which shall
    5  possess the powers and duties hereinafter specified, and also all powers
    6  necessary or proper to enable it to carry out the purposes of this chap-
    7  ter. The commission shall consist of [five] ELEVEN members, NINE  VOTING
    8  AND  TWO NON-VOTING, AS FOLLOWS: SEVEN VOTING MEMBERS to be appointed by
    9  the governor, by and with the advice and consent of the senate, ONE UPON
   10  THE RECOMMENDATION OF THE ATTORNEY GENERAL AND ONE UPON THE  RECOMMENDA-
   11  TION OF THE STATE COMPTROLLER; ONE VOTING MEMBER APPOINTED BY THE SPEAK-
   12  ER  OF THE ASSEMBLY; ONE VOTING MEMBER APPOINTED BY THE TEMPORARY PRESI-
   13  DENT OF THE SENATE; AND ONE NON-VOTING MEMBER APPOINTED BY THE  MINORITY
   14  LEADER OF THE ASSEMBLY AND ONE NON-VOTING MEMBER APPOINTED BY THE MINOR-
   15  ITY  LEADER OF THE SENATE. [A commissioner shall be designated as chair-
   16  man of the commission by the governor to serve in such capacity  at  the
   17  pleasure  of  the  governor  or  until  his term as commissioner expires
   18  whichever first occurs. No more than three commissioners may be  members
   19  of  the  same  political  party  unless,  pursuant to action taken under
   20  subdivision two, the number of commissioners shall exceed five,  and  in
   21  such  event  no  more than four commissioners may be members of the same
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10415-02-5
       A. 7300                             2
    1  political party.] THE VOTING MEMBERS OF THE  COMMISSION  SHALL  ELECT  A
    2  CHAIRPERSON FROM AMONG ITS MEMBERS.
    3    (B)  TO  THE  MAXIMUM EXTENT POSSIBLE, THE COMMISSIONERS SHALL POSSESS
    4  BROAD AND EXTENSIVE KNOWLEDGE AND EXPERIENCE IN THE AREAS OF ENERGY  AND
    5  TELECOMMUNICATIONS  ISSUES, FINANCING AND REGULATION OF UTILITIES, RATE-
    6  MAKING, OR CONSUMER PROTECTION AND ADVOCACY.
    7    2. [Notwithstanding subdivision one,  whenever  the  commission  shall
    8  certify to the governor that additional commissioners are needed for the
    9  proper  disposition of the business before it, the governor may increase
   10  the membership of the commission to  seven  members  by  appointing  two
   11  additional  commissioners  by  and  with  the  advice and consent of the
   12  senate. The terms of office of such  additional  commissioners  and  the
   13  filling  of vacancies during such terms shall be governed by subdivision
   14  three, except that upon the expiration of the terms of  such  additional
   15  commissioners,  no  further appointments or reappointments shall be made
   16  to such additional offices, unless the commission shall first certify to
   17  the governor that the need for  additional  commissioners  continues  to
   18  exist.]  A  COMMISSIONER  WHO IS A VOTING MEMBER OF THE COMMISSION SHALL
   19  EXERCISE HIS OR HER DUTIES AND RESPONSIBILITIES IN A FIDUCIARY  CAPACITY
   20  WITH  A  DUTY  OF LOYALTY AND CARE OWED TO THE PURPOSE OF THE COMMISSION
   21  AND TO THE CONSUMERS OF THIS STATE, AND EXECUTE  AN  ACKNOWLEDGEMENT  TO
   22  THAT EFFECT PURSUANT TO SUBDIVISION TWO OF SECTION NINE OF THIS ARTICLE.
   23    3.  The  term  of office of a commissioner shall be six years from the
   24  first day of February  of  the  calendar  year  in  which  he  shall  be
   25  appointed  and  commissioners  shall  serve on a full-time basis. Upon a
   26  vacancy occurring otherwise than by expiration of term in the office  of
   27  any  commissioner,  [the governor, by and with the advice and consent of
   28  the senate,] THE APPROPRIATE APPOINTING AUTHORITY DESCRIBED IN  SUBDIVI-
   29  SION  ONE  OF THIS SECTION shall fill the vacancy by appointment for the
   30  unexpired term, PROVIDED THAT ANY APPOINTMENT MADE BY  THE  GOVERNOR  TO
   31  FILL  A  VACANCY  PURSUANT  TO THIS SUBDIVISION SHALL BE BY AND WITH THE
   32  ADVICE AND CONSENT OF THE SENATE.
   33    S 2. The opening paragraph of section 9 of the public service  law  is
   34  designated  subdivision  1 and two new subdivisions 2 and 3 are added to
   35  read as follows:
   36    2. AT THE TIME THAT A COMMISSIONER WHO  IS  A  VOTING  MEMBER  OF  THE
   37  COMMISSION  TAKES  AND  SUBSCRIBES  HIS OR HER OATH OF OFFICE, OR WITHIN
   38  SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION IF  THE  COMMIS-
   39  SIONER  HAS  ALREADY TAKEN AND SUBSCRIBED HIS OR HER OATH OF OFFICE, THE
   40  COMMISSIONER SHALL EXECUTE AN ACKNOWLEDGEMENT, IN A  FORM  DEVELOPED  BY
   41  THE  AUTHORITIES  BUDGET OFFICE CREATED PURSUANT TO TITLE TWO OF ARTICLE
   42  ONE OF THE PUBLIC AUTHORITIES LAW, IN WHICH THE COMMISSIONER SHALL, AT A
   43  MINIMUM:
   44    (I) ACKNOWLEDGE THAT HE OR SHE UNDERSTANDS THAT A COMMISSIONER  HAS  A
   45  FIDUCIARY  OBLIGATION TO PERFORM DUTIES AND RESPONSIBILITIES TO THE BEST
   46  OF HIS OR HER ABILITIES, IN GOOD FAITH AND  WITH  PROPER  DILIGENCE  AND
   47  CARE;
   48    (II) ACKNOWLEDGE THAT HE OR SHE UNDERSTANDS HIS OR HER DUTY OF LOYALTY
   49  AND  CARE  TO  THE COMMISSION AND COMMITMENT TO THE COMMISSION'S PURPOSE
   50  AND THE PUBLIC INTEREST; AND HIS OR HER OBLIGATION TO ACT  IN  THE  BEST
   51  INTERESTS OF THE COMMISSION AND THE RESIDENTS OF THIS STATE;
   52    (III) AGREE TO EXERCISE INDEPENDENT JUDGMENT ON ALL MATTERS BEFORE THE
   53  COMMISSION;
   54    (IV)  AGREE  NOT  TO DIVULGE CONFIDENTIAL DISCUSSIONS AND CONFIDENTIAL
   55  MATTERS THAT COME BEFORE THE COMMISSIONERS FOR CONSIDERATION OR ACTION;
       A. 7300                             3
    1    (V) AGREE TO DISCLOSE TO  THE  COMMISSIONERS  ANY  CONFLICTS,  OR  THE
    2  APPEARANCE  OF A CONFLICT, OF A PERSONAL, FINANCIAL, ETHICAL, OR PROFES-
    3  SIONAL NATURE THAT COULD INHIBIT THE COMMISSIONER FROM PERFORMING HIS OR
    4  HER DUTIES IN GOOD FAITH AND WITH DUE DILIGENCE AND CARE; AND
    5    (VI)  CERTIFY  THAT HE OR SHE DOES NOT HAVE ANY INTEREST, FINANCIAL OR
    6  OTHERWISE, DIRECT OR INDIRECT, OR ENGAGE IN ANY BUSINESS OR  TRANSACTION
    7  OR PROFESSIONAL ACTIVITY OR INCUR ANY OBLIGATION OF ANY NATURE, WHICH IS
    8  IN  SUBSTANTIAL CONFLICT WITH THE PROPER DISCHARGE OF THE COMMISSIONER'S
    9  DUTIES IN THE PUBLIC INTEREST.
   10    3. THE ACKNOWLEDGMENTS EXECUTED PURSUANT  TO  THIS  SECTION  SHALL  BE
   11  FILED IN THE OFFICE OF THE COMMISSION.
   12    S 3. This act shall take effect immediately.