S T A T E O F N E W Y O R K
________________________________________________________________________
3290
2011-2012 Regular Sessions
I N A S S E M B L Y
January 24, 2011
___________
Introduced by M. of A. BRENNAN, COLTON, PHEFFER -- Multi-Sponsored by --
M. of A. CLARK, GABRYSZAK, GLICK, GOTTFRIED, HOOPER, JACOBS, SWEENEY
-- read once and referred to the Committee on Consumer Affairs and
Protection
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.
LBD06023-01-1
A. 3290 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 ELEVEN
WHICH AMENDED THIS SUBDIVISION, TWO MEMBERS APPOINTED BY THE GOVERNOR
SHALL SERVE FOR TERMS OF TWO YEARS, TWO MEMBERS APPOINTED BY THE GOVER-
NOR SHALL SERVE FOR TERMS OF FOUR YEARS, TWO MEMBERS APPOINTED BY THE
GOVERNOR 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.