STATE OF NEW YORK ________________________________________________________________________ 3031 2025-2026 Regular Sessions IN SENATE January 23, 2025 ___________ Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommuni- cations 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: 1 Section 1. Subdivision 2 of section 161 of the public service law, as 2 added by chapter 388 of the laws of 2011, is amended to read as follows: 3 2. (a) Upon receipt of a pre-application preliminary scoping statement 4 under this article, the chair shall promptly notify the governor, the 5 temporary president [pro tem] of the senate, the speaker of the assem- 6 bly, the chief executive officers representing the municipality and the 7 county in which the facility is proposed to be located, and, if such 8 facility is proposed to be located within the city of New York, the 9 mayor of the city of New York, as well as the chairperson of the commu- 10 nity board and the borough president representing the area in which the 11 facility is proposed to be located. One ad hoc member shall be appointed 12 by the temporary president [pro tem] of the senate and one ad hoc member 13 shall be appointed by the speaker of the assembly from a list of candi- 14 dates submitted to them, in the following manner. If such facility is 15 proposed to be located outside of the city of New York, the chief execu- 16 tive officer representing the municipality shall nominate four candi- 17 dates and the chief executive officer representing the county shall 18 nominate four candidates for consideration. If such facility is proposed 19 to be located outside of the city of New York and in a village located 20 within a town, the chief executive officer representing the town shall 21 nominate four candidates, the chief executive officer representing the 22 county shall nominate four candidates, and the chief executive officer 23 representing the village shall nominate four candidates for consider- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06930-01-5
S. 3031 2 1 ation. If such facility is proposed to be located in the city of New 2 York, the chairperson of the community board, the borough president, and 3 the mayor of the city of New York shall each nominate four candidates 4 for consideration. Nominations shall be submitted to the temporary pres- 5 ident [pro tem] of the senate and the speaker of the assembly within 6 fifteen days of receipt of notification of the pre-application prelimi- 7 nary scoping statement. In the event that the temporary president [pro 8 tem] of the senate does not appoint one of the candidates within thirty 9 days of such nominations, the governor shall appoint the ad hoc member 10 from the list of candidates within forty-five days. In the event that 11 the speaker of the assembly does not appoint one of the candidates with- 12 in thirty days of such nominations, the governor shall appoint the ad 13 hoc member from the list of candidates within forty-five days. [In the 14 event that one or both of the ad hoc public members have not been 15 appointed within forty-five days, a majority of persons named to the 16 board shall constitute a quorum.] 17 (b) In the event that one or both of the ad hoc members have not been 18 appointed, pursuant to paragraph (a) of this subdivision, the chair 19 shall, within thirty days, notify all parties required to be notified of 20 the pre-application preliminary scoping statement of the status of the 21 candidates submitted. The state senator or senators and state assembly 22 member or members who represent the districts wherein the proposed 23 project is planned shall also be notified of the status of the candi- 24 dates submitted. 25 (c) If one or both of the ad hoc members have not been appointed 26 pursuant to paragraph (a) of this subdivision, then the state senator 27 or senators and state assembly member or members who represent the 28 districts wherein the proposed project is planned shall be authorized to 29 appoint ad hoc members from the lists of candidates submitted in the 30 same manner as the temporary president of the senate and the speaker of 31 the assembly. 32 (d) Upon the appointment of all ad hoc members, a majority of persons 33 named to the board shall constitute a quorum. 34 § 2. This act shall take effect immediately and shall apply to all 35 current and future ad hoc member openings on the New York state board on 36 electric generation siting and the environment.