N.Y. Public Service Law Section 140

Where used in this article, the following terms, unless the context otherwise requires, shall have the following meanings:


“Municipality” means a county, city, town or village in the state.


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


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


“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 article. 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.


“Department” means the state department of public service.


“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

Source: Section 140 — Definitions, https://www.­nysenate.­gov/legislation/laws/PBS/140 (updated Sep. 22, 2014; accessed Dec. 2, 2023).

Dec. 2, 2023

Last modified:
Sep. 22, 2014

§ 140’s source at nysenate​.gov

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