S T A T E   O F   N E W   Y O R K
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                                  4676

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

Introduced by M. of A. BRENNAN, BENJAMIN, COLTON, PHEFFER -- Multi-Spon-
  sored by -- M. of A.  CHRISTENSEN, CLARK, GABRYSZAK, GLICK, GOTTFRIED,
  HOOPER,  JACOBS, JOHN, NOLAN, SWEENEY -- read once and referred to the
  Committee on Corporations, Authorities and Commissions

AN ACT to amend the public authorities law, in relation to the manner in
  which the members of the New York state energy research  and  develop-
  ment authority shall be appointed

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 1852  of  the  public  authorities
law, as amended by chapter 83 of the laws of 1995, is amended to read as
follows:
  2.  The membership of the authority shall consist of thirteen members,
to be as follows: the commissioner of the department of  transportation,
the  commissioner  of  the department of environmental conservation, the
chair of the public service commission, the chair of the power authority
of the State of New York, all of whom shall serve ex-officio; and [nine]
SIX members appointed by the governor by and with the advice and consent
of the senate[; one of whom shall be an engineer or a research scientist
with a degree in the physical sciences or engineering who has  not  been
employed  in  the  nuclear  fission  field for three years preceding the
appointment and who shall not be so employed during his or her term; one
of whom shall be an economist who shall  not  have  received  more  than
one-tenth  of  his or her income from an electric utility or gas utility
for three years preceding the appointment and who shall  not  so  derive
more  than  one-tenth of his or her income during such term; one of whom
who shall be a member of a not-for-profit environmental  group;  one  of
whom  shall  be a member of a not-for-profit consumer group; one of whom
who shall be an officer of a utility primarily engaged in  the  distrib-
ution of gas; and one whom shall be an officer of an electric utility.],
ONE  MEMBER  APPOINTED  BY  THE COMPTROLLER, ONE MEMBER APPOINTED BY THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05030-01-9
              

A. 4676                             2

TEMPORARY PRESIDENT OF THE SENATE,  AND  ONE  MEMBER  APPOINTED  BY  THE
SPEAKER  OF  THE ASSEMBLY. THE MEMBERS APPOINTED BY THE COMPTROLLER, THE
TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY  SHALL
NOT  BE  EMPLOYEES OF THE STATE. The governor shall designate the chair.
[Of the nine members appointed by the governor, two shall  be  appointed
for  terms expiring April first, nineteen hundred seventy-eight, two for
terms expiring April first,  nineteen  hundred  eighty,  two  for  terms
expiring  April  first, nineteen hundred eighty-one, and three for terms
expiring April first, nineteen hundred eighty-two.] OF THE MEMBERS FIRST
APPOINTED PURSUANT TO THE CHAPTER OF THE LAWS OF TWO THOUSAND NINE WHICH
AMENDED THIS SUBDIVISION, TWO MEMBERS APPOINTED BY  THE  GOVERNOR  SHALL
SERVE  FOR  TERMS  OF  TWO  YEARS, TWO MEMBERS APPOINTED BY THE GOVERNOR
SHALL SERVE FOR TERMS OF FOUR YEARS, TWO MEMBERS APPOINTED BY THE GOVER-
NOR SHALL SERVE FOR TERMS OF SIX YEARS,  THE  MEMBER  APPOINTED  BY  THE
COMPTROLLER SHALL SERVE FOR A TERM OF SIX YEARS, THE MEMBER APPOINTED BY
THE  TEMPORARY  PRESIDENT  OF  THE SENATE SHALL SERVE FOR A TERM OF FOUR
YEARS AND THE MEMBER APPOINTED BY THE  SPEAKER  OF  THE  ASSEMBLY  SHALL
SERVE  FOR  A TERM OF TWO YEARS. Persons appointed [by the governor] for
full terms as successors to such members shall serve for  terms  of  six
years  each  [commencing  as  of April first]. In the event of a vacancy
occurring in the office of a member by death, resignation or  otherwise,
the [governor] ORIGINAL APPOINTING AUTHORITY shall appoint a successor[,
by  and with the advice and consent of the senate,] to serve the balance
of the unexpired term.
  S 2. This act shall take effect immediately.