2023 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.