Bill S6926-2011

Creates a citizen advisory panel

Creates a citizen advisory panel consisting of six permanent and three rotating members to prepare a report on any application for certificate of any major electric generating facilities.

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  • Apr 13, 2012: REFERRED TO ENERGY AND TELECOMMUNICATIONS

Memo

BILL NUMBER:S6926

TITLE OF BILL: An act to amend the public service law, in relation to creating a citizen advisory panel

PURPOSE: Creates a Citizen Advisory Panel under Article 10 of the Public Service Law for the purpose of independently reviewing applications and preparing a report for submission as testimony in hearings held on such applications.

SUMMARY OF PROVISIONS: Adds new section 174 to the public services law creating a Citizen Advisory Panel. The qualifications and requirements of the panel are described and the duties and responsibilities of the panel are outlined.

JUSTIFICATION: Recent changes in Article 10 of the Public Service Law have created the New York state board on electric generation siting and the environment, which includes two ad hoc members from the municipality or community where a proposed electronic generation facility is proposed to be sited. This bill will create an independent Citizen Advisory Panel to review siting application and prepare a report on these applications to be disseminated to members of the board and submitted as testimony in hearings held on such applications.

This legislation is necessary because it is likely that the ad hoc members of the board will lack sophisticated understanding of all of the issues surrounding electric generation and the environment. The Citizen Advisory Panel will provide all members of the board, and most importantly the ad hoc members, as well as the public through the submission of their report as testimony, with an independent, unbiased and expert assessment of the relevant issues facing each specific siting application.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: Minimal. The expenses of the panel members are reimbursed.

EFFECTIVE DATE: Takes effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6926 IN SENATE April 13, 2012 ___________
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommuni- cations AN ACT to amend the public service law, in relation to creating a citi- zen advisory panel THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public service law is amended by adding a new section 174 to read as follows: S 174. CITIZEN ADVISORY PANEL. 1. A CITIZEN ADVISORY PANEL IS HEREBY ESTABLISHED. 2. A. THE PANEL SHALL CONSIST OF SIX PERMANENT AND THREE ROTATING MEMBERS APPOINTED BY THE CHAIR OF THE DEPARTMENT OF PUBLIC SERVICE TO FOUR YEAR TERMS AS FOLLOWS: ONE PERMANENT MEMBER SHALL BE A RESIDENT OF LONG ISLAND; TWO PERMANENT MEMBERS SHALL BE RESIDENTS OF THE CITY OF NEW YORK; THREE PERMANENT MEMBERS SHALL BE RESIDENTS OF UPSTATE NEW YORK; ONE ROTATING MEMBER SHALL BE A RESIDENT OF LONG ISLAND; ONE ROTATING MEMBER SHALL BE A RESIDENT OF NEW YORK CITY; AND ONE ROTATING MEMBER SHALL BE A RESIDENT OF UPSTATE NEW YORK. FOR THE PURPOSES OF THIS SECTION: I. "LONG ISLAND" MEANS THE COUNTIES OF NASSAU AND SUFFOLK. II. "NEW YORK CITY" MEANS THE COUNTIES OF THE BRONX, KINGS, NEW YORK, QUEENS, AND RICHMOND. III. "UPSTATE NEW YORK" MEANS ALL COUNTIES NOT INCLUDED IN SUBPARA- GRAPHS I OR II OF THIS PARAGRAPH. B. EACH MEMBER OF THE PANEL SHALL HAVE BEEN AWARDED A DEGREE FROM AN ACCREDITED FOUR-YEAR COLLEGE OR UNIVERSITY OR A GRADUATE DEGREE FROM SUCH COLLEGE OR UNIVERSITY OR ACCREDITED GRADUATE SCHOOL AND SHALL HAVE HAD AT LEAST FIVE YEARS OF EXPERIENCE IN ONE OR MORE OF THE FIELDS OF ENGINEERING, SCIENCE, ECONOMICS, OR BUSINESS. C. THE MEMBERS OF THE PANEL SHALL, BY MAJORITY VOTE, SELECT ONE OF THE PERMANENT MEMBERS TO SERVE AS THE PANEL CHAIRPERSON. D. VACANCIES ON THE PANEL SHALL BE FILLED BY A MAJORITY VOTE OF CURRENT MEMBERS OF THE PANEL TO SERVE OUT THE REMAINDER OF THE TERM.
E. IN ADDITION TO THE REQUIREMENTS OF THE PUBLIC OFFICERS LAW, NO PERSON SHALL BE ELIGIBLE TO BE AN APPOINTEE TO THE PANEL WHO HOLDS ANOTHER STATE OR LOCAL OFFICE. NO MEMBER OF THE PANEL 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 PANEL, NOR SHALL EITHER OF THE APPOINTEES HAVE BEEN A DIREC- TOR, OFFICER OR, WITHIN THE PREVIOUS TEN YEARS, AN EMPLOYEE THEREOF. F. EACH MEMBER OF THE PANEL SHALL RECEIVE HIS NECESSARY EXPENSES ACTU- ALLY INCURRED IN THE DISCHARGE OF HIS DUTIES. G. ANY MEMBER OF THE PANEL MAY BE REMOVED BY THE CHAIR OF THE PUBLIC SERVICE COMMISSION FOR CAUSE AFTER AN OPPORTUNITY TO BE HEARD. H. EXCEPT AS OTHERWISE PROVIDED BY LAW, A MAJORITY OF THE PANEL SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF ALL BUSINESS OF THE PANEL. 3. THE ROTATING MEMBER RESIDING IN THE AREA WHERE THE FACILITY IS PROPOSED TO BE LOCATED AS DEFINED IN PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION SHALL SERVE AS THE SEVENTH MEMBER ON THE PANEL FOR ALL ACTIONS RELATING TO THAT PROPOSED FACILITY. 4. THE BOARD SHALL PROVIDE EACH MEMBER OF THE PANEL INCLUDING THE APPROPRIATE ROTATING MEMBER OF THE PANEL A COPY OF ANY PRELIMINARY SCOP- ING STATEMENT FILED PURSUANT TO SECTION ONE HUNDRED SIXTY-THREE OF THIS ARTICLE OR APPLICATION FOR CERTIFICATE FILED PURSUANT TO SECTION ONE HUNDRED SIXTY-FOUR OF THIS ARTICLE. 5. THE PANEL SHALL HAVE A PERIOD OF THIRTY DAYS TO REVIEW ANY APPLICA- TION FOR CERTIFICATE AND TO REQUEST ANY ADDITIONAL INFORMATION. SHOULD ADDITIONAL INFORMATION BE REQUIRED BY THE PANEL, THE PANEL MAY, BY MAJORITY VOTE, EXTEND THE REVIEW PERIOD BY THIRTY DAYS. IN NO CASE SHALL THE REVIEW PERIOD EXCEED SIXTY DAYS. 6. THE PANEL SHALL HAVE FIFTEEN DAYS TO PREPARE A REPORT ON THE APPLI- CATION FOR CERTIFICATE ONCE THE REVIEW PERIOD IS COMPLETE. THE REPORT SHALL CONSIST OF THE FOLLOWING SECTIONS: A. EXECUTIVE SUMMARY; B. PROJECT LOCATION AND DESCRIPTION; C. INPUT FROM LOCAL OFFICIALS AND GENERAL PUBLIC; D. ANALYSIS OF ECONOMIC CONSIDERATIONS; E. ANALYSIS OF ENVIRONMENTAL CONSIDERATIONS; F. AREAS OF CONCERN; G. REVIEW OF ALTERNATIVES; H. RECOMMENDATION TO THE BOARD; AND I. ANY NECESSARY APPENDICES. 7. UPON COMPLETION OF THE REPORT ON THE APPLICATION FOR CERTIFICATE THE CHAIR OF THE PANEL SHALL TRANSMIT A COPY OF THE REPORT TO EVERY MEMBER AND AD HOC MEMBER OF THE BOARD AND SHALL SUBMIT THE REPORT AS TESTIMONY IN ANY HEARING ON THE APPLICATION FOR CERTIFICATE HELD IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-SEVEN OF THIS ARTICLE. 8. NEITHER THE RECOMMENDATIONS NOR ANY OTHER WORK PRODUCT OF THE PANEL SHALL BE CONSTRUED TO HAVE ANY LEGAL AUTHORITY WHATSOEVER. 9. ALL FINAL WORK PRODUCTS ARE THE PROPERTY OF THE DEPARTMENT. S 2. This act shall take effect immediately.

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