S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7378
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 25, 2017
                                ___________
 
 Introduced  by M. of A. BARCLAY -- read once and referred to the Commit-
   tee on Corporations, Authorities and Commissions
 
 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:
   §  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00272-01-7

 A. 7378                             2
 
   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.
   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  OR  HER  NECESSARY
 EXPENSES ACTUALLY INCURRED IN THE DISCHARGE OF HIS OR HER 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.
   § 2. This act shall take effect immediately.