S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5080
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced by M. of A. BARCLAY -- Multi-Sponsored by -- M. of A. MANKTE-
   LOW  --  read  once  and  referred  to  the Committee 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02522-01-9
              

 A. 5080                             2
 
   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.
   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.