Bill Text: NY S07784 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Strong Partisan Bill (Republican 10-1)

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S07784 Detail]

Download: New_York-2017-S07784-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7784
                    IN SENATE
                                    February 23, 2018
                                       ___________
        Introduced  by  Sens.  RITCHIE,  CROCI,  ORTT  -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Energy
          and Telecommunications
        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 ad hoc member whose  term  shall  continue
    22  until  a  final  determination  is made in the particular proceeding for
    23  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:
    26    2.  Upon  receipt  of  a pre-application preliminary scoping statement
    27  under this article, the chair shall promptly notify  the  governor,  the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13665-02-7
        S. 7784                             2
     1  president  pro tem of the senate, the speaker of the assembly, the chief
     2  executive officers representing the municipality and the county in which
     3  the facility is proposed  to  be  located,  and,  if  such  facility  is
     4  proposed  to  be  located  within the city of New York, the mayor of the
     5  city of New York, as well as the chairperson of the community board  and
     6  the  borough  president  representing  the area in which the facility is
     7  proposed to be located and if the proposed facility  is  to  be  located
     8  within  seventy-five  miles  of  an  in-state  military base, the United
     9  States department of defense.  One ad hoc member shall be  appointed  by
    10  the  president  pro  tem  of  the  senate and one ad hoc member shall be
    11  appointed by the speaker of the  assembly  from  a  list  of  candidates
    12  submitted to them, in the following manner. If such facility is proposed
    13  to be located outside of the city of New York, the chief executive offi-
    14  cer representing the municipality shall nominate four candidates and the
    15  chief  executive  officer  representing  the  county shall nominate four
    16  candidates for consideration. If such facility is proposed to be located
    17  outside of the city of New York and in a village located within a  town,
    18  the  chief  executive  officer representing the town shall nominate four
    19  candidates, the chief executive officer representing  the  county  shall
    20  nominate  four  candidates, and the chief executive officer representing
    21  the village shall nominate four candidates for  consideration.  If  such
    22  facility  is  proposed to be located in the city of New York, the chair-
    23  person of the community board, the borough president, and the  mayor  of
    24  the  city  of New York shall each nominate four candidates for consider-
    25  ation. Nominations shall be submitted to the president pro  tem  of  the
    26  senate and the speaker of the assembly within fifteen days of receipt of
    27  notification  of  the  pre-application preliminary scoping statement. In
    28  the event that the president pro tem of the senate does not appoint  one
    29  of  the  candidates within thirty days of such nominations, the governor
    30  shall appoint the ad hoc member from the list of  candidates.    In  the
    31  event  that  the  speaker  of  the  assembly does not appoint one of the
    32  candidates within thirty days of such nominations,  the  governor  shall
    33  appoint  the ad hoc member from the list of candidates.  When applicable
    34  the United States department of defense may appoint an ad hoc member. In
    35  the event that the United States department of defense does not  appoint
    36  a  member  within  forty-five  days  of  notification  pursuant  to this
    37  section, their right to do so shall be deemed waived. In the event  that
    38  one  or [both] more of the ad hoc public members have not been appointed
    39  within forty-five days, a majority of persons named to the  board  shall
    40  constitute a quorum.
    41    §  3.  This  act shall take effect immediately, and shall apply to all
    42  applications for a certificate filed on or after such date.