New York A 4294: Requires ad hoc members to be appointed in order to constitute a quorum

Bill Text

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A04294 Summary:

BILL NOA04294 

&nbsp

SAME ASSAME AS S03080

&nbsp

SPONSORMorinello

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §161, Pub Serv L

&nbsp

Requires ad hoc members to be appointed in order to constitute a quorum on the board of electric generating facilities; includes ad hoc members as part of the board.

Go to top A04294 Actions:

BILL NOA04294 

&nbsp

02/04/2025referred to energy

01/07/2026referred to energy

Go to topA04294 Committee&nbspVotes:

Go to topA04294 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04294 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4294

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 4, 2025
 ___________

 Introduced by M. of A. MORINELLO -- read once and referred to the
 Committee on Energy

 AN ACT to amend the public service law, in relation to the need of ad
 hoc members to be appointed to constitute a quorum on the board of
 electric generating facilities

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivisions 1 and 2 of section 161 of the public service
 2 law, as added by chapter 388 of the laws of 2011, are amended to read as
 3 follows:
 4 1. The board[, exclusive of the ad hoc members,] shall have the power
 5 to adopt the rules and regulations relating to the procedures to be used
 6 in certifying facilities under the provisions of this article, including
 7 the suspension or revocation thereof, and shall further have the power
 8 to seek delegation from the federal government pursuant to federal regu-
 9 latory programs applicable to the siting of major electric facilities.
 10 The chairperson, after consultation with the other members of the board
 11 [exclusive of the ad hoc members], shall have exclusive jurisdiction to
 12 issue declaratory rulings regarding the applicability of, or any other
 13 question under, this article and rules and regulations adopted hereunder
 14 and to grant requests for extensions or amendments to or transfers of
 15 certificate terms and conditions, provided that no party to the proceed-
 16 ing opposes such request for extensions or amendments within thirty days
 17 of the filing of such request. Regulations adopted by the board may
 18 provide for renewal applications for pollutant control permits to be
 19 submitted to and acted upon by the department of environmental conserva-
 20 tion following commercial operation of a certified facility. The board
 21 shall not accept any pre-application preliminary scoping statement or
 22 application for a certificate, or exercise any powers or functions until
 23 the department of environmental conservation has promulgated rules and
 24 regulations required by paragraphs (f) and (g) of subdivision one of

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01226-01-5

 A. 4294 2

 1 section one hundred sixty-four of this article and section 19-0312 of
 2 the environmental conservation law; provided however that the board
 3 shall be authorized to adopt rules and regulations required by this
 4 article.
 5 2. Upon receipt of a pre-application preliminary scoping statement
 6 under this article, the chair shall promptly notify the governor, the
 7 president pro tem of the senate, the speaker of the assembly, the chief
 8 executive officers representing the municipality and the county in which
 9 the facility is proposed to be located, and, if such facility is
 10 proposed to be located within the city of New York, the mayor of the
 11 city of New York, as well as the chairperson of the community board and
 12 the borough president representing the area in which the facility is
 13 proposed to be located. One ad hoc member shall be appointed by the
 14 president pro tem of the senate and one ad hoc member shall be appointed
 15 by the speaker of the assembly from a list of candidates submitted to
 16 them, in the following manner. If such facility is proposed to be
 17 located outside of the city of New York, the chief executive officer
 18 representing the municipality shall nominate four candidates and the
 19 chief executive officer representing the county shall nominate four
 20 candidates f