Provides that the United States department of defense may appoint an eighth ad hoc member to the New York state board on electric generation siting and the environment, if a proposed electric generating facility is within seventy-five miles of an in-state military base.
STATE OF NEW YORK
________________________________________________________________________
7784--A
IN SENATE
February 23, 2018
___________
Introduced by Sens. RITCHIE, CROCI, ORTT, AKSHAR, BOYLE, HELMING,
LARKIN, MARCHIONE, RANZENHOFER, ROBACH, SAVINO -- read twice and
ordered printed, and when printed to be committed to the Committee on
Energy and Telecommunications -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public service law, in relation to the siting of
major electric generating facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 160 of the public service law, as
2 added by chapter 388 of the laws of 2011, is amended to read as follows:
3 4. "Board" means the New York state board on electric generation
4 siting and the environment, which shall be in the department and consist
5 of seven persons: the chair of the department, who shall serve as chair
6 of the board; the commissioner of environmental conservation; the
7 commissioner of health; the chair of the New York state energy research
8 and development authority; the commissioner of economic development and
9 two ad hoc public members, both of whom shall reside within the munici-
10 pality in which the facility is proposed to be located, except if such
11 facility is proposed to be located within the city of New York, then all
12 ad hoc members shall reside within the community district in which the
13 facility is proposed to be located. One ad hoc member shall be appointed
14 by the president pro tem of the senate and one ad hoc member shall be
15 appointed by the speaker of the assembly, in accordance with subdivision
16 two of section one hundred sixty-one of this article. The term of the ad
17 hoc public members shall continue until a final determination is made in
18 the particular proceeding for which they were appointed. Provided
19 however, if a proposed facility is to be located within seventy-five
20 miles of an in-state military base, the Unites States department of
21 defense may appoint an eighth non-voting, ad hoc member whose term shall
22 continue until a final determination is made in the particular proceed-
23 ing for which they were appointed.
24 § 2. Subdivision 2 of section 161 of the public service law, as added
25 by chapter 388 of the laws of 2011, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13665-03-8
S. 7784--A 2
1 2. Upon receipt of a pre-application preliminary scoping statement
2 under this article, the chair shall promptly notify the governor, the
3 president pro tem of the senate, the speaker of the assembly, the chief
4 executive officers representing the municipality and the county in which
5 the facility is proposed to be located, and, if such facility is
6 proposed to be located within the city of New York, the mayor of the
7 city of New York, as well as the chairperson of the community board and
8 the borough president representing the area in which the facility is
9 proposed to be located and if the proposed facility is to be located
10 within seventy-five miles of an in-state military base, the United
11 States department of defense and the commander or senior military offi-
12 cer of the in-state military base. One ad hoc member shall be appointed
13 by the president pro tem of the senate and one ad hoc member shall be
14 appointed by the speaker of the assembly from a list of candidates
15 submitted to them, in the following manner. If such facility is proposed
16 to be located outside of the city of New York, the chief executive offi-
17 cer representing the municipality shall nominate four candidates and the
18 chief executive officer representing the county shall nominate four
19 candidates for consideration. If such facility is proposed to be located
20 outside of the city of New York and in a village located within a town,
21 the chief executive officer representing the town shall nominate four
22 candidates, the chief executive officer representing the county shall
23 nominate four candidates, and the chief executive officer representing
24 the village shall nominate four candidates for consideration. If such
25 facility is proposed to be located in the city of New York, the chair-
26 person of the community board, the borough president, and the mayor of
27 the city of New York shall each nominate four candidates for consider-
28 ation. Nominations shall be submitted to the president pro tem of the
29 senate and the speaker of the assembly within fifteen days of receipt of
30 notification of the pre-application preliminary scoping statement. In
31 the event that the president pro tem of the senate does not appoint one
32 of the candidates within thirty days of such nominations, the governor
33 shall appoint the ad hoc member from the list of candidates. In the
34 event that the speaker of the assembly does not appoint one of the
35 candidates within thirty days of such nominations, the governor shall
36 appoint the ad hoc member from the list of candidates. When applicable
37 the United States department of defense may appoint a non-voting, ad hoc
38 member. In the event that the United States department of defense does
39 not appoint a member within forty-five days of notification pursuant to
40 this section, their right to do so shall be deemed waived. In the event
41 that one or [both] more of the ad hoc public members have not been
42 appointed within forty-five days, a majority of persons named to the
43 board shall constitute a quorum.
44 § 3. This act shall take effect immediately, and shall apply to all
45 applications for a certificate filed on or after such date.
