Relates to the manner in which members of the New York state energy research and development authority shall be appointed; reduces Governor's appointments by three.
STATE OF NEW YORK
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4676
2009-2010 Regular Sessions
IN ASSEMBLY
February 5, 2009
___________
Introduced by M. of A. BRENNAN, BENJAMIN, COLTON, PHEFFER -- Multi-Spon-
sored by -- M. of A. CHRISTENSEN, CLARK, GABRYSZAK, GLICK, GOTTFRIED,
HOOPER, JACOBS, JOHN, NOLAN, SWEENEY -- read once and referred to the
Committee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to the manner in
which the members of the New York state energy research and develop-
ment authority shall be appointed
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 1852 of the public authorities
2 law, as amended by chapter 83 of the laws of 1995, is amended to read as
3 follows:
4 2. The membership of the authority shall consist of thirteen members,
5 to be as follows: the commissioner of the department of transportation,
6 the commissioner of the department of environmental conservation, the
7 chair of the public service commission, the chair of the power authority
8 of the State of New York, all of whom shall serve ex-officio; and [nine]
9 six members appointed by the governor by and with the advice and consent
10 of the senate[; one of whom shall be an engineer or a research scientist
11 with a degree in the physical sciences or engineering who has not been
12 employed in the nuclear fission field for three years preceding the
13 appointment and who shall not be so employed during his or her term; one
14 of whom shall be an economist who shall not have received more than
15 one-tenth of his or her income from an electric utility or gas utility
16 for three years preceding the appointment and who shall not so derive
17 more than one-tenth of his or her income during such term; one of whom
18 who shall be a member of a not-for-profit environmental group; one of
19 whom shall be a member of a not-for-profit consumer group; one of whom
20 who shall be an officer of a utility primarily engaged in the distrib-
21 ution of gas; and one whom shall be an officer of an electric utility.],
22 one member appointed by the comptroller, one member appointed by the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05030-01-9
A. 4676 2
1 temporary president of the senate, and one member appointed by the
2 speaker of the assembly. The members appointed by the comptroller, the
3 temporary president of the senate and the speaker of the assembly shall
4 not be employees of the state. The governor shall designate the chair.
5 [Of the nine members appointed by the governor, two shall be appointed
6 for terms expiring April first, nineteen hundred seventy-eight, two for
7 terms expiring April first, nineteen hundred eighty, two for terms
8 expiring April first, nineteen hundred eighty-one, and three for terms
9 expiring April first, nineteen hundred eighty-two.] Of the members first
10 appointed pursuant to the chapter of the laws of two thousand nine which
11 amended this subdivision, two members appointed by the governor shall
12 serve for terms of two years, two members appointed by the governor
13 shall serve for terms of four years, two members appointed by the gover-
14 nor shall serve for terms of six years, the member appointed by the
15 comptroller shall serve for a term of six years, the member appointed by
16 the temporary president of the senate shall serve for a term of four
17 years and the member appointed by the speaker of the assembly shall
18 serve for a term of two years. Persons appointed [by the governor] for
19 full terms as successors to such members shall serve for terms of six
20 years each [commencing as of April first]. In the event of a vacancy
21 occurring in the office of a member by death, resignation or otherwise,
22 the [governor] original appointing authority shall appoint a successor[,
23 by and with the advice and consent of the senate,] to serve the balance
24 of the unexpired term.
25 § 2. This act shall take effect immediately.