S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6926

                            I N  S E N A T E

                             April 13, 2012
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN  ACT to amend the public service law, in relation to creating a citi-
  zen advisory panel

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The public service law is amended by adding a new section
174 to read as follows:
  S 174. CITIZEN ADVISORY PANEL. 1. A CITIZEN ADVISORY PANEL  IS  HEREBY
ESTABLISHED.
  2.  A.  THE  PANEL  SHALL  CONSIST OF SIX PERMANENT AND THREE ROTATING
MEMBERS APPOINTED BY THE CHAIR OF THE DEPARTMENT OF  PUBLIC  SERVICE  TO
FOUR  YEAR TERMS AS FOLLOWS: ONE PERMANENT MEMBER SHALL BE A RESIDENT OF
LONG ISLAND; TWO PERMANENT MEMBERS SHALL BE RESIDENTS OF THE CITY OF NEW
YORK; THREE PERMANENT MEMBERS SHALL BE RESIDENTS OF  UPSTATE  NEW  YORK;
ONE  ROTATING  MEMBER  SHALL  BE A RESIDENT OF LONG ISLAND; ONE ROTATING
MEMBER SHALL BE A RESIDENT OF NEW YORK CITY;  AND  ONE  ROTATING  MEMBER
SHALL  BE  A  RESIDENT  OF  UPSTATE  NEW  YORK. FOR THE PURPOSES OF THIS
SECTION:
  I. "LONG ISLAND" MEANS THE COUNTIES OF NASSAU AND SUFFOLK.
  II. "NEW YORK CITY" MEANS THE COUNTIES OF THE BRONX, KINGS, NEW  YORK,
QUEENS, AND RICHMOND.
  III.  "UPSTATE  NEW  YORK" MEANS ALL COUNTIES NOT INCLUDED IN SUBPARA-
GRAPHS I OR II OF THIS PARAGRAPH.
  B. EACH MEMBER OF THE PANEL SHALL HAVE BEEN AWARDED A DEGREE  FROM  AN
ACCREDITED  FOUR-YEAR  COLLEGE  OR  UNIVERSITY OR A GRADUATE DEGREE FROM
SUCH COLLEGE OR UNIVERSITY OR ACCREDITED GRADUATE SCHOOL AND SHALL  HAVE
HAD  AT  LEAST  FIVE YEARS OF EXPERIENCE IN ONE OR MORE OF THE FIELDS OF
ENGINEERING, SCIENCE, ECONOMICS, OR BUSINESS.
  C. THE MEMBERS OF THE PANEL SHALL, BY MAJORITY VOTE, SELECT ONE OF THE
PERMANENT MEMBERS TO SERVE AS THE PANEL CHAIRPERSON.
  D. VACANCIES ON THE PANEL SHALL  BE  FILLED  BY  A  MAJORITY  VOTE  OF
CURRENT MEMBERS OF THE PANEL TO SERVE OUT THE REMAINDER OF THE TERM.

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

                                                           LBD15338-01-2

S. 6926                             2

  E.  IN  ADDITION  TO  THE  REQUIREMENTS OF THE PUBLIC OFFICERS LAW, NO
PERSON SHALL BE ELIGIBLE TO BE AN  APPOINTEE  TO  THE  PANEL  WHO  HOLDS
ANOTHER STATE OR LOCAL OFFICE. NO MEMBER OF THE PANEL MAY RETAIN OR HOLD
ANY  OFFICIAL  RELATION  TO,  OR  ANY  SECURITIES OF AN ELECTRIC UTILITY
CORPORATION  OPERATING  IN  THE  STATE  OR PROPOSED FOR OPERATION IN THE
STATE, ANY AFFILIATE THEREOF OR ANY OTHER  COMPANY,  FIRM,  PARTNERSHIP,
CORPORATION,  ASSOCIATION  OR  JOINT-STOCK  ASSOCIATION  THAT MAY APPEAR
BEFORE THE PANEL, NOR SHALL EITHER OF THE APPOINTEES HAVE BEEN A  DIREC-
TOR, OFFICER OR, WITHIN THE PREVIOUS TEN YEARS, AN EMPLOYEE THEREOF.
  F. EACH MEMBER OF THE PANEL SHALL RECEIVE HIS NECESSARY EXPENSES ACTU-
ALLY INCURRED IN THE DISCHARGE OF HIS DUTIES.
  G.  ANY  MEMBER OF THE PANEL MAY BE REMOVED BY THE CHAIR OF THE PUBLIC
SERVICE COMMISSION FOR CAUSE AFTER AN OPPORTUNITY TO BE HEARD.
  H. EXCEPT AS OTHERWISE PROVIDED BY LAW, A MAJORITY OF THE PANEL  SHALL
CONSTITUTE A QUORUM FOR THE TRANSACTION OF ALL BUSINESS OF THE PANEL.
  3.  THE  ROTATING  MEMBER  RESIDING  IN THE AREA WHERE THE FACILITY IS
PROPOSED TO BE LOCATED AS DEFINED IN PARAGRAPH A OF SUBDIVISION  TWO  OF
THIS  SECTION  SHALL  SERVE  AS  THE SEVENTH MEMBER ON THE PANEL FOR ALL
ACTIONS RELATING TO THAT PROPOSED FACILITY.
  4. THE BOARD SHALL PROVIDE EACH MEMBER  OF  THE  PANEL  INCLUDING  THE
APPROPRIATE ROTATING MEMBER OF THE PANEL A COPY OF ANY PRELIMINARY SCOP-
ING  STATEMENT FILED PURSUANT TO SECTION ONE HUNDRED SIXTY-THREE OF THIS
ARTICLE OR APPLICATION FOR CERTIFICATE FILED  PURSUANT  TO  SECTION  ONE
HUNDRED SIXTY-FOUR OF THIS ARTICLE.
  5. THE PANEL SHALL HAVE A PERIOD OF THIRTY DAYS TO REVIEW ANY APPLICA-
TION  FOR CERTIFICATE AND TO REQUEST ANY ADDITIONAL INFORMATION.  SHOULD
ADDITIONAL INFORMATION BE REQUIRED BY  THE  PANEL,  THE  PANEL  MAY,  BY
MAJORITY VOTE, EXTEND THE REVIEW PERIOD BY THIRTY DAYS. IN NO CASE SHALL
THE REVIEW PERIOD EXCEED SIXTY DAYS.
  6. THE PANEL SHALL HAVE FIFTEEN DAYS TO PREPARE A REPORT ON THE APPLI-
CATION  FOR  CERTIFICATE  ONCE THE REVIEW PERIOD IS COMPLETE. THE REPORT
SHALL CONSIST OF THE FOLLOWING SECTIONS:
  A. EXECUTIVE SUMMARY;
  B. PROJECT LOCATION AND DESCRIPTION;
  C. INPUT FROM LOCAL OFFICIALS AND GENERAL PUBLIC;
  D. ANALYSIS OF ECONOMIC CONSIDERATIONS;
  E. ANALYSIS OF ENVIRONMENTAL CONSIDERATIONS;
  F. AREAS OF CONCERN;
  G. REVIEW OF ALTERNATIVES;
  H. RECOMMENDATION TO THE BOARD; AND
  I. ANY NECESSARY APPENDICES.
  7. UPON COMPLETION OF THE REPORT ON THE  APPLICATION  FOR  CERTIFICATE
THE  CHAIR  OF  THE  PANEL  SHALL TRANSMIT A COPY OF THE REPORT TO EVERY
MEMBER AND AD HOC MEMBER OF THE BOARD AND SHALL  SUBMIT  THE  REPORT  AS
TESTIMONY  IN  ANY  HEARING  ON  THE APPLICATION FOR CERTIFICATE HELD IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-SEVEN OF THIS ARTICLE.
  8. NEITHER THE RECOMMENDATIONS NOR ANY OTHER WORK PRODUCT OF THE PANEL
SHALL BE CONSTRUED TO HAVE ANY LEGAL AUTHORITY WHATSOEVER.
  9. ALL FINAL WORK PRODUCTS ARE THE PROPERTY OF THE DEPARTMENT.
  S 2. This act shall take effect immediately.