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.
                                                                   LBD05028-01-9

        A. 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.
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