NY Pub Serv L § 161 (2021)
2021 New York Laws PBS - Public Service Article 10 - Siting of Major Electric Generating Facilities 161 - General Provisions Relating to the Board.

§  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.