Bill Text: NY A05236 | 2019-2020 | General Assembly | Introduced
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: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-07-14 - held for consideration in energy [A05236 Detail]
Download: New_York-2019-A05236-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5236 2019-2020 Regular Sessions IN ASSEMBLY February 7, 2019 ___________ Introduced by M. of A. BLANKENBUSH -- read once and referred to the Committee on Energy 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 non-voting, ad hoc member whose term shall 22 continue until a final determination is made in the particular proceed- 23 ing for 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: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05028-01-9A. 5236 2 1 2. Upon receipt of a pre-application preliminary scoping statement 2 under this article, the chair shall promptly notify the governor, the 3 president pro tem of the senate, the speaker of the assembly, the chief 4 executive officers representing the municipality and the county in which 5 the facility is proposed to be located, and, if such facility is 6 proposed to be located within the city of New York, the mayor of the 7 city of New York, as well as the chairperson of the community board and 8 the borough president representing the area in which the facility is 9 proposed to be located and if the proposed facility is to be located 10 within seventy-five miles of an in-state military base, the United 11 States department of defense and the commander or senior military offi- 12 cer of the in-state military base. One ad hoc member shall be appointed 13 by the president pro tem of the senate and one ad hoc member shall be 14 appointed by the speaker of the assembly from a list of candidates 15 submitted to them, in the following manner. If such facility is proposed 16 to be located outside of the city of New York, the chief executive offi- 17 cer representing the municipality shall nominate four candidates and the 18 chief executive officer representing the county shall nominate four 19 candidates for consideration. If such facility is proposed to be located 20 outside of the city of New York and in a village located within a town, 21 the chief executive officer representing the town shall nominate four 22 candidates, the chief executive officer representing the county shall 23 nominate four candidates, and the chief executive officer representing 24 the village shall nominate four candidates for consideration. If such 25 facility is proposed to be located in the city of New York, the chair- 26 person of the community board, the borough president, and the mayor of 27 the city of New York shall each nominate four candidates for consider- 28 ation. Nominations shall be submitted to the president pro tem of the 29 senate and the speaker of the assembly within fifteen days of receipt of 30 notification of the pre-application preliminary scoping statement. In 31 the event that the president pro tem of the senate does not appoint one 32 of the candidates within thirty days of such nominations, the governor 33 shall appoint the ad hoc member from the list of candidates. In the 34 event that the speaker of the assembly does not appoint one of the 35 candidates within thirty days of such nominations, the governor shall 36 appoint the ad hoc member from the list of candidates. When applicable 37 the United States department of defense may appoint a non-voting, ad hoc 38 member. In the event that the United States department of defense does 39 not appoint a member within forty-five days of notification pursuant to 40 this section, their right to do so shall be deemed waived. In the event 41 that one or [both] more of the ad hoc public members have not been 42 appointed within forty-five days, a majority of persons named to the 43 board shall constitute a quorum. 44 § 3. This act shall take effect immediately, and shall apply to all 45 applications for a certificate filed on or after such date.