NY Pub Serv L § 140 (2021)
2021 New York Laws PBS - Public Service Article 8 - Siting of Major Steam Electric Generating Facilities 140 - Definitions.

* § 140. Definitions. Where used in this article, the following terms,   unless   the  context  otherwise  requires,  shall  have  the  following   meanings:1. "Municipality" means a county, city, town or village in the state.2. "Major steam electric generating facility" means a  steam  electric   generating  facility  with  a  generating  capacity  of  fifty  thousand   kilowatts or more.3.  "Person"  means  any  individual,  corporation,   public   benefit   corporation,  political  subdivision, governmental agency, municipality,   partnership, co-operative association, trust or estate.4. "Board" means the New  York  state  board  on  electric  generation   siting  and  the environment, which shall be in the department of public   service and consist of seven persons, one of whom shall be the  chairman   of  the  public  service  commission, who shall serve as chairman of the   board,  one  of  whom  shall  be  the  commissioner   of   environmental   conservation,  one  of  whom shall be the commissioner of health, one of   whom shall be the commissioner of the state energy office, one  of  whom   shall  be  the  commissioner of commerce and two of whom shall be public   members appointed by the governor, one of whom shall be an ad hoc member   who shall be a resident of the judicial district in which  the  facility   as  primarily  proposed  is to be located and one of whom shall be an ad   hoc member who shall be a resident of the county in which  the  facility   as  primarily  proposed is to be located. The term of the ad hoc members   shall continue  until  a  final  determination  has  been  made  in  the   particular proceeding for which they were appointed.Upon  receipt of an application under this article, the chairman shall   promptly notify the governor. Four of the seven  persons  on  the  board   shall  constitute  a  quorum  for the transaction of any business of the   board, and the decision of four members of the  board  shall  constitute   action  of  the board. The board, exclusive of the ad hoc members, shall   have the power to adopt rules and regulations relating to the procedures   to be used  in  certifying  facilities  under  the  provisions  of  this   article.In  addition to the requirements of the public officers law, no person   shall be eligible to be an appointee of the governor 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, nor shall either of the   appointees have been  a  director,  officer  or  employee  thereof.  The   appointees  of the governor shall receive the sum of two hundred dollars   for each day in which they are actually engaged in  the  performance  of   their  duties herein plus actual and necessary expenses incurred by them   in the performance of such  duties.  The  chairman  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  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 appointees of the governor 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 chairman.5. "Department" means the state department of public service.6. "Certificate" means a certificate  of  environmental  compatibility   and  public  need authorizing the construction of a major steam electric   generating facility issued by the board pursuant to this article. * NB Expired January 1, 1989* NB Operative with regard to applications filed on or before December   31, 1988* NB There are 2 § 140's