Relates to appointing ad hoc members to the New York state board on electric generation siting and the environment; provides notification of the status of proposed candidates for appointment.
STATE OF NEW YORK
________________________________________________________________________
1487
2023-2024 Regular Sessions
IN SENATE
January 12, 2023
___________
Introduced by Sen. ORTT -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations
AN ACT to amend the public service law, in relation to appointing ad hoc
members to the New York state board on electric generation siting and
the environment
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 161 of the public service law, as
2 added by chapter 388 of the laws of 2011, is amended to read as follows:
3 2. (a) Upon receipt of a pre-application preliminary scoping statement
4 under this article, the chair shall promptly notify the governor, the
5 president pro tem of the senate, the speaker of the assembly, the chief
6 executive officers representing the municipality and the county in which
7 the facility is proposed to be located, and, if such facility is
8 proposed to be located within the city of New York, the mayor of the
9 city of New York, as well as the chairperson of the community board and
10 the borough president representing the area in which the facility is
11 proposed to be located. One ad hoc member shall be appointed by the
12 president pro tem of the senate and one ad hoc member shall be appointed
13 by the speaker of the assembly from a list of candidates submitted to
14 them, in the following manner. If such facility is proposed to be
15 located outside of the city of New York, the chief executive officer
16 representing the municipality shall nominate four candidates and the
17 chief executive officer representing the county shall nominate four
18 candidates for consideration. If such facility is proposed to be located
19 outside of the city of New York and in a village located within a town,
20 the chief executive officer representing the town shall nominate four
21 candidates, the chief executive officer representing the county shall
22 nominate four candidates, and the chief executive officer representing
23 the village shall nominate four candidates for consideration. If such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05177-01-3
S. 1487 2
1 facility is proposed to be located in the city of New York, the chair-
2 person of the community board, the borough president, and the mayor of
3 the city of New York shall each nominate four candidates for consider-
4 ation. Nominations shall be submitted to the president pro tem of the
5 senate and the speaker of the assembly within fifteen days of receipt of
6 notification of the pre-application preliminary scoping statement. In
7 the event that the president pro tem of the senate does not appoint one
8 of the candidates within thirty days of such nominations, the governor
9 shall appoint the ad hoc member from the list of candidates within
10 forty-five days. In the event that the speaker of the assembly does not
11 appoint one of the candidates within thirty days of such nominations,
12 the governor shall appoint the ad hoc member from the list of candidates
13 within forty-five days. [In the event that one or both of the ad hoc
14 public members have not been appointed within forty-five days, a majori-
15 ty of persons named to the board shall constitute a quorum.]
16 (b) In the event that one or both of the ad hoc members have not been
17 appointed, pursuant to paragraph (a) of this subdivision, the chair
18 shall, within thirty days, notify all parties required to be notified of
19 the pre-application preliminary scoping statement of the status of the
20 candidates submitted. The state senator or senators and state assembly
21 member or members who represent the districts wherein the proposed
22 project is planned shall also be notified of the status of the candi-
23 dates submitted.
24 (c) If one or both of the ad hoc members have not been appointed
25 pursuant to paragraph (a) of this subdivision, then the state senator
26 or senators and state assembly member or members who represent the
27 districts wherein the proposed project is planned shall be authorized to
28 appoint ad hoc members from the lists of candidates submitted in the
29 same manner as the president pro tem of the senate and the speaker of
30 the assembly.
31 (d) Upon the appointment of all ad hoc members, a majority of persons
32 named to the board shall constitute a quorum.
33 § 2. This act shall take effect immediately and shall apply to all
34 current and future ad hoc member openings on the New York state board on
35 electric generation siting and the environment.
