senate Bill S722

2013-2014 Legislative Session

Creates a citizen advisory panel

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to energy and telecommunications
Jan 09, 2013 referred to energy and telecommunications

S722 - Bill Details

Current Committee:
Law Section:
Public Service Law
Laws Affected:
Add ยง174, Pub Serv L
Versions Introduced in 2011-2012 Legislative Session:
S6926

S722 - Bill Texts

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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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BILL NUMBER:S722

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:
2011-12: S.6926 Referred to Energy & Telecommunications

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

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                   722

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04386-01-3

S. 722                              2

  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 OR HER NECESSARY
EXPENSES ACTUALLY INCURRED IN THE DISCHARGE OF HIS OR HER 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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