Bill Text: NY A02352 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires ad hoc members to be appointed in order to constitute a quorum on the board of electric generating facilities; includes ad hoc members as part of the board.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced) 2024-01-03 - referred to energy [A02352 Detail]

Download: New_York-2023-A02352-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2352

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 25, 2023
                                       ___________

        Introduced  by  M. of A. MORINELLO, BYRNES, PALMESANO, MANKTELOW, HAWLEY
          -- Multi-Sponsored by -- M. of A. NORRIS -- read once and referred  to
          the Committee on Energy

        AN  ACT  to  amend the public service law, in relation to the need of ad
          hoc members to be appointed to constitute a quorum  on  the  board  of
          electric generating facilities

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivisions 1 and 2 of section 161 of the  public  service
     2  law, as added by chapter 388 of the laws of 2011, are amended to read as
     3  follows:
     4    1.  The board[, exclusive of the ad hoc members,] shall have the power
     5  to adopt the rules and regulations relating to the procedures to be used
     6  in certifying facilities under the provisions of this article, including
     7  the suspension or revocation thereof, and shall further have  the  power
     8  to seek delegation from the federal government pursuant to federal regu-
     9  latory  programs  applicable to the siting of major electric facilities.
    10  The chairperson, after consultation with the other members of the  board
    11  [exclusive  of the ad hoc members], shall have exclusive jurisdiction to
    12  issue declaratory rulings regarding the applicability of, or  any  other
    13  question under, this article and rules and regulations adopted hereunder
    14  and  to  grant  requests for extensions or amendments to or transfers of
    15  certificate terms and conditions, provided that no party to the proceed-
    16  ing opposes such request for extensions or amendments within thirty days
    17  of the filing of such request. Regulations  adopted  by  the  board  may
    18  provide  for  renewal  applications  for pollutant control permits to be
    19  submitted to and acted upon by the department of environmental conserva-
    20  tion following commercial operation of a certified facility.  The  board
    21  shall  not  accept  any pre-application preliminary scoping statement or
    22  application for a certificate, or exercise any powers or functions until
    23  the department of environmental conservation has promulgated  rules  and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04435-01-3
        A. 2352                             2

     1  regulations  required  by  paragraphs  (f) and (g) of subdivision one of
     2  section one hundred sixty-four of this article and  section  19-0312  of
     3  the  environmental  conservation  law;  provided  however that the board
     4  shall  be  authorized  to  adopt  rules and regulations required by this
     5  article.
     6    2. Upon receipt of a  pre-application  preliminary  scoping  statement
     7  under  this  article,  the chair shall promptly notify the governor, the
     8  president pro tem of the senate, the speaker of the assembly, the  chief
     9  executive officers representing the municipality and the county in which
    10  the  facility  is  proposed  to  be  located,  and,  if such facility is
    11  proposed to be located within the city of New York,  the  mayor  of  the
    12  city  of New York, as well as the chairperson of the community board and
    13  the borough president representing the area in  which  the  facility  is
    14  proposed  to  be  located.  One  ad hoc member shall be appointed by the
    15  president pro tem of the senate and one ad hoc member shall be appointed
    16  by the speaker of the assembly from a list of  candidates  submitted  to
    17  them,  in  the  following  manner.  If  such  facility is proposed to be
    18  located outside of the city of New York,  the  chief  executive  officer
    19  representing  the  municipality  shall  nominate four candidates and the
    20  chief executive officer representing  the  county  shall  nominate  four
    21  candidates for consideration. If such facility is proposed to be located
    22  outside  of the city of New York and in a village located within a town,
    23  the chief executive officer representing the town  shall  nominate  four
    24  candidates,  the  chief  executive officer representing the county shall
    25  nominate four candidates, and the chief executive  officer  representing
    26  the  village  shall  nominate four candidates for consideration. If such
    27  facility is proposed to be located in the city of New York,  the  chair-
    28  person  of  the community board, the borough president, and the mayor of
    29  the city of New York shall each nominate four candidates  for  consider-
    30  ation.  Nominations  shall  be submitted to the president pro tem of the
    31  senate and the speaker of the assembly within fifteen days of receipt of
    32  notification of the pre-application preliminary  scoping  statement.  In
    33  the  event that the president pro tem of the senate does not appoint one
    34  of the candidates within thirty days of such nominations,  the  governor
    35  shall  appoint  the  ad  hoc  member from the list of candidates. In the
    36  event that the speaker of the assembly  does  not  appoint  one  of  the
    37  candidates  within  thirty  days of such nominations, the governor shall
    38  appoint the ad hoc member from the list of  candidates.  [In  the  event
    39  that  one  or  both of the ad hoc public members have not been appointed
    40  within forty-five days, a majority of persons named to the  board  shall
    41  constitute  a quorum] A majority of persons named to the board shall not
    42  constitute a quorum unless both of the ad hoc public members  have  been
    43  appointed.
    44    § 2. This act shall take effect immediately.