N.Y. Public Service Law § 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.