Bill Text: NY S01435 | 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: Moderate Partisan Bill (Republican 7-1)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S01435 Detail]
Download: New_York-2019-S01435-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1435 2019-2020 Regular Sessions IN SENATE January 14, 2019 ___________ Introduced by Sens. RITCHIE, AKSHAR, BOYLE, HELMING, ORTT, RANZENHOFER, ROBACH, SAVINO -- 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 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05028-01-9S. 1435 2 1 § 2. Subdivision 2 of section 161 of the public service law, as added 2 by chapter 388 of the laws of 2011, is amended to read as follows: 3 2. Upon receipt of a pre-application preliminary scoping statement 4 under this article, the chair shall promptly notify the governor, the 5 president pro tem of the senate, the speaker of the assembly, the chief 6 executive officers representing the municipality and the county in which 7 the facility is proposed to be located, and, if such facility is 8 proposed to be located within the city of New York, the mayor of the 9 city of New York, as well as the chairperson of the community board and 10 the borough president representing the area in which the facility is 11 proposed to be located and if the proposed facility is to be located 12 within seventy-five miles of an in-state military base, the United 13 States department of defense and the commander or senior military offi- 14 cer of the in-state military base. One ad hoc member shall be appointed 15 by the president pro tem of the senate and one ad hoc member shall be 16 appointed by the speaker of the assembly from a list of candidates 17 submitted to them, in the following manner. If such facility is proposed 18 to be located outside of the city of New York, the chief executive offi- 19 cer 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. When applicable 39 the United States department of defense may appoint a non-voting, ad hoc 40 member. In the event that the United States department of defense does 41 not appoint a member within forty-five days of notification pursuant to 42 this section, their right to do so shall be deemed waived. In the event 43 that one or [both] more of the ad hoc public members have not been 44 appointed within forty-five days, a majority of persons named to the 45 board shall constitute a quorum. 46 § 3. This act shall take effect immediately, and shall apply to all 47 applications for a certificate filed on or after such date.
