Senate Bill S3031

2025-2026 Legislative Session

Appoints ad hoc members to the New York state board on electric generation siting and the environment

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Current Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 23, 2025	referred to energy and telecommunications

2025-S3031 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §161, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6774
2021-2022: S3714
2023-2024: S1487

2025-S3031 (ACTIVE) - Summary

Relates to appointing ad hoc members to the New York state board on electric generation siting and the environment; provides notification of the status of proposed candidates for appointment.

2025-S3031 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3031

SPONSOR: ORTT
 
TITLE OF BILL:

An act to amend the public service law, in relation to appointing ad hoc
members to the New York state board on electric generation siting and
the environment

 
PURPOSE:

To ensure that local municipalities are notified as to which local ad
hoc members have been appointed from their lists of candidates submitted
to sit on siting boards for electric generating facilities.  To provide
a mechanism for appointment of local ad hoc members to siting boards for
electric generating facilities upon a failure of the president pro tern
of the senate, the speaker of the assembly and/or the governor to
appoint. To ensure that siting boards for electric generating facilities
cannot take any action until local ad hoc members are appointed.

 
SUMMARY OF PROVISIONS:

Section 1: Amends subdivision 2 of section 161 of the public service law
to state that the Governor shall appoint the ad hoc member from the list
of candidates within forty-five days. Additionally adds subsection (b)
requires notification to all involved parties of the status of the
appointment and application process.

Adds subsection (c) that grants state senators or assembly members the
authority to appoint ad hoc members if not completed according to
subsection (a).

Adds subsection (d) to define a quorum.

Section 2: provides the effective date

 
JUSTIFICATION:

Under current taw a, siting board for an electric generating facility is
composed of seven members - five executive agency, heads and two local
ad hoc members.

The host municipalities nominate lists of candidates for appointment as
local ad hoc members to the siting board. The president pro tern of the
senate and the speaker of the assembly each appoint one ad hoc member
from the lists submitted within 30 days of their nominations, If the
president pro tern of the senate or the speaker of the assembly fails to
appoint within 30 days, then the governor makes the appointments. If the
governor faits to appoint local ad hoc members within 45 days, then
there are no local ad hoc members on the sitting board. The siting board
can proceed and conduct business without any local members.

A significant number of proposed projects are going forward without
local ad hoc members on the siting boards. For example, Horseshoe Solar
Project in the Towns of Caledonia and Rush, Morris Ridge Solar Project
in the Town of Mt. Morris, and Bear Ridge Solar Project in Towns of
Cambria and Pendleton. Municipalities submitted lists of candidates, but
no appointments were ever made.

By simply ignoring the lists of candidates, municipalities are denied
local representation, and the siting boards go forward without them.
Municipalities are not even noticed as to who on their lists was
appointed, if anyone. Municipalities are kept in the dark and excluded
from the process when their communities are most affected by decisions
made by the sitting boards. Local ad hoc members are needed to voice
local concerns and raise local issues. They are vital to any project.

This bill would require that municipalities be notified of what action,
if any, was taken on their lists of candidates. This will allow munici-
palities to take appropriate action to ensure their interests are
protected.

This bill would also ensure local membership on the siting boards. If
the president pro tern of the senate, the speaker of the assembly and/or
the governor fail to appoint one or both of the Local ad hoc members,
then the senator and assembly member whose districts encompass the
proposed project will make the appointments.

Further, this bill would ensure that the siting boards could not take
any action without ad hoc local members being appointed.

 
PRIOR LEGISLATIVE HISTORY:

2023-2024: S.1487 Referred to Energy and Telecommunications

2021-2022: S. 3714 Referred to Energy and Telecommunications

2019-2020: Referred to Energy and Telecommunications.

2019-2020: Referred to Rules New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  None.

 
EFFECTIVE DATE:  This act shall take effect immediately.

2025-S3031 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3031
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2025
                                ___________
 
 Introduced  by  Sen.  ORTT  --  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 appointing ad hoc
   members  to the New York state board on electric generation siting and
   the environment

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 2 of section 161 of the public service law, as
 added by chapter 388 of the laws of 2011, is amended to read as follows:
   2. (A) Upon receipt of a pre-application preliminary scoping statement
 under this article, the chair shall promptly notify  the  governor,  the
 TEMPORARY  president  [pro tem] of the senate, the speaker of the assem-
 bly, 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 commu-
 nity 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 TEMPORARY president [pro tem] of the senate and one ad hoc member
 shall  be appointed by the speaker of the assembly from a list of candi-
 dates submitted to them, in the following manner. If  such  facility  is
 proposed to be located outside of the city of New York, the chief execu-
 tive  officer  representing  the municipality shall nominate four candi-
 dates 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 consider-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06930-01-5

 S. 3031                             2
 
 ation. 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 TEMPORARY pres-
 ident  [pro  tem]  of  the senate and the speaker of the assembly within
 fifteen days of receipt of notification of the pre-application  prelimi-
 nary  scoping  statement. In the event that the TEMPORARY 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 WITHIN FORTY-FIVE DAYS.  In the  event  that
 the speaker of the assembly does not appoint one of the candidates with-
 in  thirty  days  of such nominations, the governor shall appoint the ad
 hoc member from the list of candidates WITHIN FORTY-FIVE DAYS.  [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.]
   (B)  IN THE EVENT THAT ONE OR BOTH OF THE AD HOC MEMBERS HAVE NOT BEEN
 APPOINTED, PURSUANT TO PARAGRAPH (A)  OF  THIS  SUBDIVISION,  THE  CHAIR
 SHALL, WITHIN THIRTY DAYS, NOTIFY ALL PARTIES REQUIRED TO BE NOTIFIED OF
 THE  PRE-APPLICATION  PRELIMINARY SCOPING STATEMENT OF THE STATUS OF THE
 CANDIDATES SUBMITTED. THE STATE SENATOR OR SENATORS AND  STATE  ASSEMBLY
 MEMBER  OR  MEMBERS  WHO  REPRESENT  THE  DISTRICTS WHEREIN THE PROPOSED
 PROJECT IS PLANNED SHALL ALSO BE NOTIFIED OF THE STATUS  OF  THE  CANDI-
 DATES SUBMITTED.
   (C)  IF  ONE  OR  BOTH  OF  THE AD HOC MEMBERS HAVE NOT BEEN APPOINTED
 PURSUANT TO  PARAGRAPH (A) OF THIS SUBDIVISION, THEN THE  STATE  SENATOR
 OR  SENATORS  AND  STATE  ASSEMBLY  MEMBER  OR MEMBERS WHO REPRESENT THE
 DISTRICTS WHEREIN THE PROPOSED PROJECT IS PLANNED SHALL BE AUTHORIZED TO
 APPOINT AD HOC MEMBERS FROM THE LISTS OF  CANDIDATES  SUBMITTED  IN  THE
 SAME  MANNER AS THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF
 THE ASSEMBLY.
   (D) UPON THE APPOINTMENT OF ALL AD HOC MEMBERS, A MAJORITY OF  PERSONS
 NAMED TO THE BOARD SHALL CONSTITUTE A QUORUM.
   §  2.  This  act  shall take effect immediately and shall apply to all
 current and future ad hoc member openings on the New York state board on
 electric generation siting and the environment.

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Senate Bill S3031

Sponsored By

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

Actions

2025-S3031 (ACTIVE) - Details

2025-S3031 (ACTIVE) - Summary

2025-S3031 (ACTIVE) - Sponsor Memo

2025-S3031 (ACTIVE) - Bill Text download pdf

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Sponsored By

Robert G. Ortt

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

Actions

2025-S3031 (ACTIVE) - Details

2025-S3031 (ACTIVE) - Summary

2025-S3031 (ACTIVE) - Sponsor Memo

2025-S3031 (ACTIVE) - Bill Text download pdf

Comments