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.