What's happening
This bill changes the quorum requirements for the Public Service Commission to be a majority of its total required members.
Why it matters
Prevents decision-making by a small minority. By requiring a majority of the total number of authorized commission seats (not just those currently filled), this change ensures that important decisions can't be made by a reduced or shorthanded commission, making it harder for a small group to act without broader consensus.
Promotes full representation and public confidence. The new language pressures the state to fill vacant commission seats promptly, as vacancies will make it harder to reach quorum and conduct official business, encouraging a more representative and accountable regulatory body.
Potential for operational slowdowns. If commission seats go unfilled, the body may be unable to reach quorum, delaying decisions on critical public service issues like utility regulation, rate changes, and consumer protections—affecting both industry and the public.
Aligns with best practices in governance. This amendment brings the Public Service Commission's quorum rules in line with common standards for boards and commissions, which typically require a majority of the total membership to ensure legitimacy and fairness in government actions.
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Who cares
Public Service Commission members
The bill would base both quorum and voting requirements on the commission’s total legally required membership rather than its duly appointed commissioners.
Utilities seeking rate increases
Commission action on their applications would require concurrence from a majority of the total legally required membership, even when seats are vacant.
Utility ratepayer advocates
The bill would prevent vacancies from reducing the number of commissioners needed to approve commission business, including rate decisions.
Headline styles
Change Quorum Rule
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Tabled
- Vetoed memo.340
- Delivered to governor
- Returned to assembly
- Passed senateVote 62–0
- 3rd reading cal.1952
- Substituted for S7894
- Referred to corporations, authorities and commissions
- Delivered to senate
- Passed assembly
- Advanced to third reading cal.687
- Reported
Show 1 earlier action
- Referred to corporations, authorities and commissions
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Change Quorum Requirements
Senate Floor Calendar · Sponsor Michael H. Ranzenhofer
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
9616
IN ASSEMBLY
January 26, 2018
Introduced by M. of A. DINOWITZ -- read once and referred to the Committee on Corporations, Authorities and Commissions
AN ACT to amend the public service law, in relation to the minimum requirements for a quorum
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 11 of the public service law, as amended by chapter 371 of the laws of 1977, is amended to read as follows:
§ 11. Quorum; powers of a commissioner. A majority of the [duly appointed commissioners] total number of members of the commission, as such membership is required pursuant to section four of this article shall constitute a quorum and not less than a majority of such [commissioners] total number of members concurring may transact any business, perform any duty or exercise any power of the commission. The commission may hold meetings of the commission at any time or place within the state. Any investigation, inquiry or hearing which the commission has power to undertake or to hold may be undertaken or held by or before any commissioner or before any specially authorized officer or employee of the commission, provided that at least one commissioner shall hold at least one public hearing without delegation of authority to any specially authorized hearing officer or employee when such hearings are mandated by applications for rate increases. All investigations, inquiries, hearings and decisions of a commissioner or specially authorized officer or employee shall be and be deemed to be the investigations, inquiries, hearings and decisions of the commission and every order made by a commissioner, when approved and confirmed by the commission and ordered filed in its office, shall be and be deemed to be the order of the commission.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10314-04-8
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.