* § 140. Definitions. Where used in this article, the following terms,
unless the context otherwise requires, shall have the following
meanings:

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 five 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 commerce and one of whom shall be an
ad hoc member appointed by the governor, who shall be a resident of the
judicial district in which the facility as primarily proposed is to be
located. The term of the ad hoc member shall continue until a final
determination has been made in the particular proceeding for which he
was appointed. Upon receipt of an application under this article, the
chairman shall promptly notify the governor. Three of the five persons
on the board shall constitute a quorum for the transaction of any
business of the board, and the decision of three members of the board
shall constitute action of the board. 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 the appointee have been a director, officer, employee thereof.
The appointee of the governor shall receive the sum of two hundred
dollars for each day in which he is actually engaged in the performance
of his duties herein plus actual and necessary expenses incurred by him
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 department of environmental
conservation shall provide associate hearing examiners. Each member of
the board other than the appointee of the governor may designate an
alternate to serve instead of the member with respect to any particular
proceeding pursuant to this article. Such designation shall be in
writing and filed with the commission.

5. "Certificate" means a certificate of environmental compatibility
and public need issued by the board pursuant to this article.

* NB Expired January 1, 1979

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

31, 1978

* NB There are 2 § 140's