New York Senate Bill S03080

New York 2025-2026 Regular Session

• Introduced: 1/23/25
• Refer: 1/23/25
• Refer: 1/7/26

Caption

Requires ad hoc members to be appointed in order to constitute a quorum on the board of electric generating facilities; includes ad hoc members as part of the board.

Summary

S03080 amends the Public Service Law provisions governing the board of electric generating facilities, the body responsible for reviewing and certifying major electric facility siting matters in New York. The bill removes language that treated ad hoc members as excluded from certain board powers and instead makes clear that those ad hoc public members are part of the board for quorum purposes. It also revises the appointment process for those ad hoc members, preserving the existing nomination structure tied to the location of the proposed facility and the relevant local and state officials. Under the bill, when a pre-application preliminary scoping statement is received, the chair must notify state leaders and affected local officials, who then participate in nominating candidates for the two ad hoc public member seats. If the Senate majority leader or Assembly Speaker does not appoint a member within 30 days after nominations are submitted, the governor may appoint from the candidate list. The key substantive change is that a majority of the board may not act as a quorum unless both ad hoc public members have been appointed, replacing prior language that would have allowed the board to proceed after 45 days even if one or both ad hoc members were still vacant.

Impact

The bill would tighten the quorum requirement for the board of electric generating facilities by preventing the board from exercising its powers until both ad hoc public members are appointed. This could delay or slow board action on facility siting applications, procedural rulings, and related decisions if the appointment process is not completed promptly. It amends the Public Service Law, section 161, and affects the state’s electric generation siting review process, local governments involved in nominations, and applicants seeking certificates for major electric facilities.

Sentiment

With no committee transcript or recorded votes available, the bill’s sentiment can only be inferred from its text and caption. The measure appears to reflect a policy preference for fuller public representation and participation before the board can act, suggesting support for procedural safeguards and local input in energy siting decisions. At the same time, the bill may be viewed as potentially burdensome by those who favor faster administrative action on electric facility approvals.

Contention

The main point of contention is likely whether the board should be allowed to function without both ad hoc public members in place. Supporters would likely argue that requiring both appointments ensures legitimacy, public accountability, and local representation in decisions affecting major electric facilities. Opponents may argue that the requirement could create a veto point or delay critical siting decisions if appointments are stalled, especially because the board cannot constitute a quorum until both ad hoc members are appointed. Another possible issue is the role of the governor as a fallback appointing authority if legislative leaders do not act within the specified timeframe.