Legislation
SECTION 18-105
State board on temporary nuclear waste repository siting
Energy (ENG) CHAPTER 17-A, ARTICLE 18
§ 18-105. State board on temporary nuclear waste repository siting.
1. There is hereby created the state board on temporary nuclear waste
repository siting. The board shall consist of the commissioner of
environmental conservation, the commissioner of health, and three ad hoc
members appointed by the governor, one of whom shall be from the
judicial district in which the proposed facility is located, one of whom
shall be upon the recommendation of the temporary president of senate,
and one of whom shall be upon the recommendation of the speaker of the
assembly. No person may be so designated who retains or holds any
official relation to or financial interest in an electric utility
corporation in the state, or in the applicant or any subsidiary or
entity affiliated with the applicant, nor shall such person have been a
director, officer or employee thereof; provided, however, that prior
employment with an agency of the state or federal government shall not
disqualify any person from being designated for appointment to the
board. Each such designee, unless he holds another state or local
office, except the office of notary public, and for which he receives
compensation, shall receive the sum of two hundred dollars for each day
in which he is actually engaged in the performance of his duties herein.
Every member shall be entitled to receive reimbursement for the actual
and necessary expenses incurred by him in the performance of such
duties.
2. The commissioner of environmental conservation shall serve as
chairman. Three of the five persons on the board shall constitute a
quorum for the transaction of any business on the board, and the
decision of three members of the board shall constitute action of the
board. The board shall have the power to adopt regulations and establish
procedures to be used in acting upon applications filed pursuant to this
article.
3. The board may employ such hearing examiners and such legal,
technical and other consultants and other personnel as it deems
necessary. The board may provide for its own representation and
appearance in all actions and proceedings involving issues under this
article. The department of environmental conservation shall provide such
meeting rooms, hearing rooms, and other facilities as the board may
request in the performance of its duties.
1. There is hereby created the state board on temporary nuclear waste
repository siting. The board shall consist of the commissioner of
environmental conservation, the commissioner of health, and three ad hoc
members appointed by the governor, one of whom shall be from the
judicial district in which the proposed facility is located, one of whom
shall be upon the recommendation of the temporary president of senate,
and one of whom shall be upon the recommendation of the speaker of the
assembly. No person may be so designated who retains or holds any
official relation to or financial interest in an electric utility
corporation in the state, or in the applicant or any subsidiary or
entity affiliated with the applicant, nor shall such person have been a
director, officer or employee thereof; provided, however, that prior
employment with an agency of the state or federal government shall not
disqualify any person from being designated for appointment to the
board. Each such designee, unless he holds another state or local
office, except the office of notary public, and for which he receives
compensation, shall receive the sum of two hundred dollars for each day
in which he is actually engaged in the performance of his duties herein.
Every member shall be entitled to receive reimbursement for the actual
and necessary expenses incurred by him in the performance of such
duties.
2. The commissioner of environmental conservation shall serve as
chairman. Three of the five persons on the board shall constitute a
quorum for the transaction of any business on the board, and the
decision of three members of the board shall constitute action of the
board. The board shall have the power to adopt regulations and establish
procedures to be used in acting upon applications filed pursuant to this
article.
3. The board may employ such hearing examiners and such legal,
technical and other consultants and other personnel as it deems
necessary. The board may provide for its own representation and
appearance in all actions and proceedings involving issues under this
article. The department of environmental conservation shall provide such
meeting rooms, hearing rooms, and other facilities as the board may
request in the performance of its duties.