S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5236
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced  by  M.  of  A.  BLANKENBUSH -- read once and referred to the
   Committee on Energy
 
 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:

   Section 1. Subdivision 4 of section 160 of the public service law,  as
 added by chapter 388 of the laws of 2011, is amended to read as follows:
   4.  "Board"  means  the  New  York  state board on electric generation
 siting and the environment, which shall be in the department and consist
 of seven persons: the chair of the department, who shall serve as  chair
 of  the  board;  the  commissioner  of  environmental  conservation; the
 commissioner of health; the chair of the New York state energy  research
 and  development authority; the commissioner of economic development and
 two ad hoc public members, both of whom shall reside within the  munici-
 pality  in  which the facility is proposed to be located, except if such
 facility is proposed to be located within the city of New York, then all
 ad hoc members shall reside within the community district in  which  the
 facility is proposed to be located. One ad hoc member shall be appointed
 by  the  president  pro tem of the senate and one ad hoc member shall be
 appointed by the speaker of the assembly, in accordance with subdivision
 two of section one hundred sixty-one of this article. The term of the ad
 hoc public members shall continue until a final determination is made in
 the particular proceeding for  which  they  were  appointed.    PROVIDED
 HOWEVER,  IF  A  PROPOSED  FACILITY IS TO BE LOCATED WITHIN SEVENTY-FIVE
 MILES OF AN IN-STATE MILITARY BASE,  THE  UNITES  STATES  DEPARTMENT  OF
 DEFENSE MAY APPOINT AN EIGHTH NON-VOTING, AD HOC MEMBER WHOSE TERM SHALL
 CONTINUE  UNTIL A FINAL DETERMINATION IS MADE IN THE PARTICULAR PROCEED-
 ING FOR WHICH THEY WERE APPOINTED.
   § 2. Subdivision 2 of section 161 of the public service law, as  added
 by chapter 388 of the laws of 2011, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05028-01-9

 A. 5236                             2
 
   2.  Upon  receipt  of  a pre-application preliminary scoping statement
 under this article, the chair shall promptly notify  the  governor,  the
 president  pro tem of the senate, the speaker of the assembly, the chief
 executive officers representing the municipality and the county in which
 the  facility  is  proposed  to  be  located,  and,  if such facility is
 proposed to be located within the city of New York,  the  mayor  of  the
 city  of New York, as well as the chairperson of the community board and
 the borough president representing the area in  which  the  facility  is
 proposed  to  be  located  AND IF THE PROPOSED FACILITY IS TO BE LOCATED
 WITHIN SEVENTY-FIVE MILES OF  AN  IN-STATE  MILITARY  BASE,  THE  UNITED
 STATES  DEPARTMENT OF DEFENSE AND THE COMMANDER OR SENIOR MILITARY OFFI-
 CER OF THE IN-STATE MILITARY BASE.  One ad hoc member shall be appointed
 by the president pro tem of the senate and one ad hoc  member  shall  be
 appointed  by  the  speaker  of  the  assembly from a list of candidates
 submitted to them, in the following manner. If such facility is proposed
 to be located outside of the city of New York, the chief executive offi-
 cer representing the municipality shall nominate four candidates and the
 chief executive officer representing  the  county  shall  nominate  four
 candidates for consideration. If such facility is proposed to be located
 outside  of the city of New York and in a village located within a town,
 the chief executive officer representing the town  shall  nominate  four
 candidates,  the  chief  executive officer representing the county shall
 nominate four candidates, and the chief executive  officer  representing
 the  village  shall  nominate four candidates for consideration. If such
 facility is proposed to be located in the city of New York,  the  chair-
 person  of  the community board, the borough president, and the mayor of
 the city of New York shall each nominate four candidates  for  consider-
 ation.  Nominations  shall  be submitted to the president pro tem of the
 senate and the speaker of the assembly within fifteen days of receipt of
 notification of the pre-application preliminary  scoping  statement.  In
 the  event that the president pro tem of the senate does not appoint one
 of the candidates within thirty days of such nominations,  the  governor
 shall  appoint  the  ad  hoc member from the list of candidates.  In the
 event that the speaker of the assembly  does  not  appoint  one  of  the
 candidates  within  thirty  days of such nominations, the governor shall
 appoint the ad hoc member from the list of candidates.  WHEN  APPLICABLE
 THE UNITED STATES DEPARTMENT OF DEFENSE MAY APPOINT A NON-VOTING, AD HOC
 MEMBER.  IN  THE EVENT THAT THE UNITED STATES DEPARTMENT OF DEFENSE DOES
 NOT APPOINT A MEMBER WITHIN FORTY-FIVE DAYS OF NOTIFICATION PURSUANT  TO
 THIS  SECTION, THEIR RIGHT TO DO SO SHALL BE DEEMED WAIVED. In the event
 that one or [both] MORE of the ad  hoc  public  members  have  not  been
 appointed  within  forty-five  days,  a majority of persons named to the
 board shall constitute a quorum.
   § 3. This act shall take effect immediately, and shall  apply  to  all
 applications for a certificate filed on or after such date.