§ 161. General provisions relating to the board. 1. The board,
exclusive of the ad hoc members, shall have the power to adopt the rules
and regulations relating to the procedures to be used in certifying
facilities under the provisions of this article, including the
suspension or revocation thereof, and shall further have the power to
seek delegation from the federal government pursuant to federal
regulatory programs applicable to the siting of major electric
facilities. The chairperson, after consultation with the other members
of the board exclusive of the ad hoc members, shall have exclusive
jurisdiction to issue declaratory rulings regarding the applicability
of, or any other question under, this article and rules and regulations
adopted hereunder and to grant requests for extensions or amendments to
or transfers of certificate terms and conditions, provided that no party
to the proceeding opposes such request for extensions or amendments
within thirty days of the filing of such request. Regulations adopted by
the board may provide for renewal applications for pollutant control
permits to be submitted to and acted upon by the department of
environmental conservation following commercial operation of a certified
facility. The board shall not accept any pre-application preliminary
scoping statement or application for a certificate, or exercise any
powers or functions until the department of environmental conservation
has promulgated rules and regulations required by paragraphs (f) and (g)
of subdivision one of section one hundred sixty-four of this article and
section 19-0312 of the environmental conservation law; provided however
that the board shall be authorized to adopt rules and regulations
required by this article.

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. 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
chairperson of the community board, the borough president, and the mayor
of the city of New York shall each nominate four candidates for
consideration. 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. In the event that one or both 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. In addition to the requirements of the public officers law, no
person shall be eligible to be an appointee to the board who holds
another state or local office. No member of the board 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 board, nor shall either of the appointees have been a
director, officer or, within the previous ten years, an employee
thereof. The ad hoc appointees shall receive the sum of two hundred
dollars for each day in which they are actually engaged in the
performance of their duties pursuant to this article plus actual and
necessary expenses incurred by them in the performance of such duties.
The chairperson shall provide such personnel, hearing examiners,
subordinates and employees and such legal, technological, scientific,
engineering and other services and such meeting rooms, hearing rooms and
other facilities as may be required in proceedings under this article.
The board under the direction of the chairperson, may provide for its
own representation and appearance in all actions and proceedings
involving any question under this article. The department of
environmental conservation shall provide associate hearing examiners.
Each member of the board other than the ad hoc appointees may designate
an alternate to serve instead of the member with respect to all
proceedings pursuant to this article. Such designation shall be in
writing and filed with the chairperson.