Bill Text: NY A08311 | 2019-2020 | 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 and includes ad hoc members as part of the board.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced) 2019-06-13 - referred to energy [A08311 Detail]

Download: New_York-2019-A08311-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8311

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      June 13, 2019
                                       ___________

        Introduced  by  M.  of  A.  MORINELLO  -- 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
    24  regulations required by paragraphs (f) and (g)  of  subdivision  one  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13206-01-9

        A. 8311                             2

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