S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2672
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2021
                                ___________
 
 Introduced  by Sens. RITCHIE, AKSHAR, BOYLE, HELMING, ORTT -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Energy and Telecommunications
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06162-01-1
              

 S. 2672                             2
 
   § 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:
   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.