S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8567
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 13, 2019
                                ___________
 
 Introduced by M. of A. BYRNES -- read once and referred to the Committee
   on Energy
 
 AN ACT to amend the public service law, in relation to appointing ad hoc
   members  to the New York state board on electric generation siting and
   the environment
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. 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:
   2. (A) 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. 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 officer
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13658-04-9

 A. 8567                             2
 
 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  WITHIN
 FORTY-FIVE DAYS.  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
 WITHIN FORTY-FIVE DAYS.  [In the event that one or both of  the  ad  hoc
 public members have not been appointed within forty-five days, a majori-
 ty of persons named to the board shall constitute a quorum.]
   (B)  IN THE EVENT THAT ONE OR BOTH OF THE AD HOC MEMBERS HAVE NOT BEEN
 APPOINTED, PURSUANT TO PARAGRAPH (A)  OF  THIS  SUBDIVISION,  THE  CHAIR
 SHALL, WITHIN THIRTY DAYS, NOTIFY ALL PARTIES REQUIRED TO BE NOTIFIED OF
 THE  PRE-APPLICATION  PRELIMINARY SCOPING STATEMENT OF THE STATUS OF THE
 CANDIDATES SUBMITTED. THE STATE SENATOR OR SENATORS AND  STATE  ASSEMBLY
 MEMBER  OR  MEMBERS  WHO  REPRESENT  THE  DISTRICTS WHEREIN THE PROPOSED
 PROJECT IS PLANNED SHALL ALSO BE NOTIFIED OF THE STATUS  OF  THE  CANDI-
 DATES SUBMITTED.
   (C)  IF  ONE  OR  BOTH  OF  THE AD HOC MEMBERS HAVE NOT BEEN APPOINTED
 PURSUANT TO  PARAGRAPH (A) OF THIS SUBDIVISION, THEN THE  STATE  SENATOR
 OR  SENATORS  AND  STATE  ASSEMBLY  MEMBER  OR MEMBERS WHO REPRESENT THE
 DISTRICTS WHEREIN THE PROPOSED PROJECT IS PLANNED SHALL BE AUTHORIZED TO
 APPOINT AD HOC MEMBERS FROM THE LISTS OF  CANDIDATES  SUBMITTED  IN  THE
 SAME  MANNER  AS  THE PRESIDENT PRO TEM OF THE SENATE AND THE SPEAKER OF
 THE ASSEMBLY.
   (D) UPON THE APPOINTMENT OF ALL AD HOC MEMBERS, A MAJORITY OF  PERSONS
 NAMED TO THE BOARD SHALL CONSTITUTE A QUORUM.
   §  2.  This  act  shall take effect immediately and shall apply to all
 current and future ad hoc member openings on the New York state board on
 electric generation siting and the environment.