What's happening
This bill changes the quorum requirements for the Public Service Commission to be based on the total number of required members.
Why it matters
Aligns quorum with intended commission size, not just filled seats. By basing the quorum on the total number of required commission members (rather than only those currently appointed), the bill prevents decisions from being made by a diminished commission during vacancies.
Raises the bar for PSC decisions. This change ensures that major actions or policy shifts by the Public Service Commission (PSC) reflect the input and agreement of a broader group, reducing the risk of a small subset making impactful regulatory decisions.
Could slow PSC actions during vacancies. If seats go unfilled, it may be harder for the PSC to reach quorum, potentially delaying regulatory oversight, rate decisions, and responses to energy or utility issues.
Encourages timely appointments. The new requirement creates pressure on the governor and legislature to promptly fill vacancies, as failure to do so could hamper the commission’s ability to function.
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Who cares
Public Service Commission members
The bill would base quorum and voting requirements on the commission’s full membership required by law, rather than the number of duly appointed commissioners.
Utilities seeking rate increases
Vacancies would no longer lower the number of commissioners needed to transact business, potentially affecting action on rate applications.
Utility customers and ratepayer advocates
Commission action on rate increases would require agreement from a majority of the legally required membership, even when seats are vacant.
Headline styles
Change Quorum Requirements
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 14
No co-sponsors yet.
History
- Referred to energy and telecommunications
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7838
IN SENATE
February 25, 2020
Introduced by Sen. COMRIE -- 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 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.
LBD01327-02-0
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public service law, in relation to the minimum requirements for a quorum
PURPOSE OR GENERAL IDEA OF BILL::
To amend the quorum requirements of section 11 of the public service law.
SUMMARY OF SPECIFIC PROVISIONS::
Amends section 11 of the public service law to clarify that a quorum is a majority of the total number of members of the commission; as such membership is required pursuant to section four of article one of the public service law, and restricts the commission from exercising any powers or duties without a quorum.
JUSTIFICATION::
The Public Service Commission exercises jurisdiction over extremely important and complex cases regarding the state's energy and telecommu- nications markets. Current law requires the Commission's board to consist of five commissioners, with a majority constituting a quorum. This law would clarify that there must be at least three commissioners in order to constitute a quorum as well as a minimum of three commis- sioners voting affirmatively for any decisions considered by the Commis- sion. With the complexity and breadth of cases that the Commission deals with on a daily basis, it is imperative that there be a sufficient number of commissioners that provide unique knowledge of, and experience in, the issues at hand.
PRIOR LEGISLATIVE HISTORY::
2019: Senate Bill 5430--Vetoed.
FISCAL IMPLICATIONS::
None.
EFFECTIVE DATE::
This act shall take effect on the one hundred eightieth day.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.