S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3395
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 22, 2015
                                      ___________
       Introduced by M. of A. BRENNAN, COLTON -- Multi-Sponsored by -- M. of A.
         CLARK,  GLICK,  GOTTFRIED,  HOOPER  --  read  once and referred to the
         Committee on Corporations, Authorities and Commissions
       AN ACT to amend the public authorities law, in relation to the manner in
         which the members of the New York state energy research  and  develop-
         ment authority shall be appointed
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 2 of section 1852  of  the  public  authorities
    2  law,  as  amended by chapter 156 of the laws of 2014, is amended to read
    3  as follows:
    4    2. The membership of the authority shall consist of thirteen  members,
    5  to  be as follows: the commissioner of the department of transportation,
    6  the commissioner of the department of  environmental  conservation,  the
    7  chair  of  the public service commission, the president and chief execu-
    8  tive officer of the power authority of the State of  New  York,  all  of
    9  whom  shall  serve  ex-officio;  and [nine] SIX members appointed by the
   10  governor by and with the advice and consent of the senate[; one of  whom
   11  shall  be an engineer or a research scientist with a degree in the phys-
   12  ical sciences or engineering who has not been employed  in  the  nuclear
   13  fission  field  for  three years preceding the appointment and who shall
   14  not be so employed during his or her term; one of whom shall be an econ-
   15  omist who shall not have received more than  one-tenth  of  his  or  her
   16  income from an electric utility or gas utility for three years preceding
   17  the  appointment  and who shall not so derive more than one-tenth of his
   18  or her income during such term; one of whom who shall be a member  of  a
   19  not-for-profit  environmental  group; one of whom shall be a member of a
   20  not-for-profit consumer group; one of whom who shall be an officer of  a
   21  utility  primarily  engaged  in the distribution of gas; and one of whom
   22  shall be an officer of an electric utility.], ONE  MEMBER  APPOINTED  BY
   23  THE  COMPTROLLER, ONE MEMBER APPOINTED BY THE TEMPORARY PRESIDENT OF THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01808-01-5
       A. 3395                             2
    1  SENATE, AND ONE MEMBER APPOINTED BY THE SPEAKER  OF  THE  ASSEMBLY.  THE
    2  MEMBERS  APPOINTED  BY  THE  COMPTROLLER, THE TEMPORARY PRESIDENT OF THE
    3  SENATE AND THE SPEAKER OF THE ASSEMBLY SHALL NOT  BE  EMPLOYEES  OF  THE
    4  STATE.  The  governor  shall  designate  the chair. [Of the nine members
    5  appointed by the governor, two shall be  appointed  for  terms  expiring
    6  April  first,  nineteen  hundred  seventy-eight,  two for terms expiring
    7  April first, nineteen hundred  eighty,  two  for  terms  expiring  April
    8  first,  nineteen  hundred eighty-one, and three for terms expiring April
    9  first, nineteen hundred eighty-two.]  OF  THE  MEMBERS  FIRST  APPOINTED
   10  PURSUANT  TO  THE  CHAPTER  OF  THE  LAWS  OF TWO THOUSAND FIFTEEN WHICH
   11  AMENDED THIS SUBDIVISION, TWO MEMBERS APPOINTED BY  THE  GOVERNOR  SHALL
   12  SERVE  FOR  TERMS  OF  TWO  YEARS, TWO MEMBERS APPOINTED BY THE GOVERNOR
   13  SHALL SERVE FOR TERMS OF FOUR YEARS, TWO MEMBERS APPOINTED BY THE GOVER-
   14  NOR SHALL SERVE FOR TERMS OF SIX YEARS,  THE  MEMBER  APPOINTED  BY  THE
   15  COMPTROLLER SHALL SERVE FOR A TERM OF SIX YEARS, THE MEMBER APPOINTED BY
   16  THE  TEMPORARY  PRESIDENT  OF  THE SENATE SHALL SERVE FOR A TERM OF FOUR
   17  YEARS AND THE MEMBER APPOINTED BY THE  SPEAKER  OF  THE  ASSEMBLY  SHALL
   18  SERVE  FOR  A TERM OF TWO YEARS. Persons appointed [by the governor] for
   19  full terms as successors to such members shall serve for  terms  of  six
   20  years  each  [commencing  as  of April first]. In the event of a vacancy
   21  occurring in the office of a member by death, resignation or  otherwise,
   22  the [governor] ORIGINAL APPOINTING AUTHORITY shall appoint a successor[,
   23  by  and with the advice and consent of the senate,] to serve the balance
   24  of the unexpired term.
   25    S 2. This act shall take effect immediately.