Bill Text: NY A04549 | 2021-2022 | General Assembly | Introduced
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 - Dead) 2022-01-05 - referred to energy [A04549 Detail]
Download: New_York-2021-A04549-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4549 2021-2022 Regular Sessions IN ASSEMBLY February 4, 2021 ___________ Introduced by M. of A. MORINELLO, BYRNES, PALMESANO, HAWLEY, MANKTELOW -- 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. LBD07895-01-1A. 4549 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 event39that one or both of the ad hoc public members have not been appointed40within forty-five days, a majority of persons named to the board shall41constitute 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.
