S 8610: Enacts the "public power democracy act"; increases the number of trustees on the power authority of the state of New York from seven to seventeen; authorizes termination of a trustee.

  
  STATE OF NEW YORK ________________________________________________________________________ 8610 2025-2026 Regular Sessions  IN SENATE December 8, 2025 ___________ Introduced by Sen. GONZALEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the public authorities law, in relation to the trustees of the power authority of the state of New York The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "public power democracy act". 3 § 2. Section 1003 of the public authorities law, as amended by chapter 4 766 of the laws of 2005, is amended to read as follows: 5 § 1003. Trustees. 1. The authority shall consist of [seven] seventeen 6 trustees, five of whom shall serve respectively for terms of one, two, 7 three, four and five years, to be appointed by the governor, by and with 8 the advice and consent of the senate. The sixth and seventh trustees 9 shall be appointed by the governor, by and with the advice and consent 10 of the senate, and shall serve initial terms of one and two years 11 respectively. Of the trustees appointed by the governor, one shall be a 12 bona fide expert in public finance, one shall be a bona fide expert in 13 consumer advocacy, and one shall be a bona fide expert in environmental 14 justice. Five trustees shall be appointed by the temporary president of 15 the senate, of which one shall be a representative of a bona fide labor 16 organization that represents workers engaged in a collective bargaining 17 agreement with the authority or its subsidiaries, and one shall be a 18 representative of a bona fide labor organization that represents workers 19 employed by an organization engaged in a power purchase agreement with 20 the authority. Five trustees shall be appointed by the speaker of the 21 assembly, of which one shall be a bona fide expert in renewable energy 22 siting, and one shall be a bona fide expert in building electrification. 23 Each trustee shall hold office until a successor has been appointed and 24 qualified or until removed by a majority vote of the legislature or the 25 governor. Furthermore, the New York state energy research and develop- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11229-06-5 
 S. 8610 2 1 ment authority and the office of renewable energy siting and electric 2 transmission shall each be allowed to appoint one non-voting member. 3 2. At the expiration of the term of each trustee and of each succeed- 4 ing trustee [the governor shall, by and with the advice and consent of 5 the senate, appoint a successor, who shall hold office for a term of 6 five years, or until a successor has been appointed and qualified. In 7 the event of a vacancy occurring in the office of the trustee by death, 8 resignation or otherwise, the governor shall, by and with the advice and 9 consent of the senate, appoint a successor, who shall hold office for 10 the unexpired term. Four trustees shall constitute a quorum for the 11 purpose of organizing the authority and conducting the business 12 thereof], or the event of a vacancy occurring in the office of the trus- 13 tee by death, resignation or otherwise, the original entities who 14 appointed that trustee shall appoint a successor who shall hold office 15 for the unexpired term. A majority of the appointed voting trustees 16 shall constitute a quorum for the purpose of organizing the authority 17 and conducting the business thereof. Any authority trustee or board 18 member may be terminated by either a majority vote of the senate or 19 assembly, or by the governor. Reasons for termination may include, but 20 are not limited to: failure to meet the renewable energy targets; 21 conflicts of interest; failure to prioritize climate justice, environ- 22 mental justice, or economic justice in the authority's operations; sexu- 23 al assault or harassment; or corruption. 24 3. The trustee chosen as [chairman] chair as provided in section one 25 thousand four of this title, shall receive an annual salary which shall 26 be set by the trustees of the authority, and which shall not exceed the 27 salary prescribed for the positions listed in paragraph (f) of subdivi- 28 sion one of section one hundred sixty-nine of the executive law. Each 29 other trustee shall not receive a salary or other compensation. Each 30 trustee shall receive [his or her] their reasonable expenses in the 31 performance of [his or her duties hereunder] their duties pursuant to 32 this section. The trustee chosen as [chairman] chair may elect to become 33 a member of the New York state and local employees' retirement system on 34 the basis of such compensation to which [he or she] such chair shall be 35 entitled as herein provided notwithstanding the provisions of any gener- 36 al, special or local law, municipal charter, or ordinance. 37 § 3. Section 1004 of the public authorities law, as amended by chapter 38 506 of the laws of 2009, is amended to read as follows: 39 § 1004. Officers and employees; expenses. The trustees shall choose 40 from among their own number a [chairman] chair and [vice-chairman] vice- 41 chair. The terms for chair and vice-chair shall be two years. They 42 shall select such officers and employees, including a chief executive 43 officer whose appointment shall be subject to confirmation by the senate 44 [in accordance with section twenty-eight hundred fifty-two of this chap- 45 ter], and such engineering, marketing and legal officers and employees, 46 as they may require for the performance of their duties and shall 47 prescribe the duties and compensation of each officer and employee. They 48 shall adopt by-laws and rules and regulations suitable to the purposes 49 of this title. As long as and to the extent that the authority is 50 dependent upon appropriations for the payment of its expenses, it shall 51 incur no obligations for salary, office or other expenses prior to the 52 making of appropriations adequate to meet the same. 53 § 4. This act shall take effect immediately.