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Public Service (PBS) CHAPTER 48, ARTICLE 8
* § 140. Definitions. Where used in this article, the following terms,
unless the context otherwise requires, shall have the following

1. "Municipality" means a county, city, town or village in the state.

2. "Major steam electric generating facility" means a steam electric
generating facility with a generating capacity of fifty thousand
kilowatts or more.

3. "Person" means any individual, corporation, public benefit
corporation, political subdivision, governmental agency, municipality,
partnership, co-operative association, trust or estate.

4. "Board" means the New York state board on electric generation
siting and the environment, which shall be in the department of public
service and consist of seven persons, one of whom shall be the chairman
of the public service commission, who shall serve as chairman of the
board, one of whom shall be the commissioner of environmental
conservation, one of whom shall be the commissioner of health, one of
whom shall be the commissioner of the state energy office, one of whom
shall be the commissioner of commerce and two of whom shall be public
members appointed by the governor, one of whom shall be an ad hoc member
who shall be a resident of the judicial district in which the facility
as primarily proposed is to be located and one of whom shall be an ad
hoc member who shall be a resident of the county in which the facility
as primarily proposed is to be located. The term of the ad hoc members
shall continue until a final determination has been made in the
particular proceeding for which they were appointed.

Upon receipt of an application under this article, the chairman shall
promptly notify the governor. Four of the seven persons on the board
shall constitute a quorum for the transaction of any business of the
board, and the decision of four members of the board shall constitute
action of the board. The board, exclusive of the ad hoc members, shall
have the power to adopt rules and regulations relating to the procedures
to be used in certifying facilities under the provisions of this

In addition to the requirements of the public officers law, no person
shall be eligible to be an appointee of the governor to the board who
holds another state or local office. No member of the board may retain
or hold any official relation to, or any securities of an electric
utility corporation operating in the state, nor shall either of the
appointees have been a director, officer or employee thereof. The
appointees of the governor shall receive the sum of two hundred dollars
for each day in which they are actually engaged in the performance of
their duties herein plus actual and necessary expenses incurred by them
in the performance of such duties. The chairman shall provide such
personnel, hearing examiners, subordinates and employees and such legal,
technological, scientific, engineering and other services and such
meeting rooms, hearing rooms and other facilities as may be required in
proceedings under this article. The board may provide for its own
representation and appearance in all actions and proceedings involving
any question under this article. The department of environmental
conservation shall provide associate hearing examiners. Each member of
the board other than the appointees of the governor may designate an
alternate to serve instead of the member with respect to all proceedings
pursuant to this article. Such designation shall be in writing and filed
with the chairman.

5. "Department" means the state department of public service.

6. "Certificate" means a certificate of environmental compatibility
and public need authorizing the construction of a major steam electric
generating facility issued by the board pursuant to this article.

* NB Expired January 1, 1989

* NB Operative with regard to applications filed on or before December
31, 1988

* NB There are 2 § 140's