New York Consolidated Laws, Energy Law - ENG § 18-105. State board on temporary nuclear waste repository siting

1. There is hereby created the state board on temporary nuclear waste repository siting.  The board shall consist of the commissioner of environmental conservation, the commissioner of health, and three ad hoc members appointed by the governor, one of whom shall be from the judicial district in which the proposed facility is located, one of whom shall be upon the recommendation of the temporary president of senate, and one of whom shall be upon the recommendation of the speaker of the assembly.  No person may be so designated who retains or holds any official relation to or financial interest in an electric utility corporation in the state, or in the applicant or any subsidiary or entity affiliated with the applicant, nor shall such person have been a director, officer or employee thereof;  provided, however, that prior employment with an agency of the state or federal government shall not disqualify any person from being designated for appointment to the board.  Each such designee, unless he holds another state or local office, except the office of notary public, and for which he receives compensation, shall receive the sum of two hundred dollars for each day in which he is actually engaged in the performance of his duties herein.  Every member shall be entitled to receive reimbursement for the actual and necessary expenses incurred by him in the performance of such duties.

2. The commissioner of environmental conservation shall serve as chairman.  Three of the five persons on the board shall constitute a quorum for the transaction of any business on the board, and the decision of three members of the board shall constitute action of the board.  The board shall have the power to adopt regulations and establish procedures to be used in acting upon applications filed pursuant to this article.

3. The board may employ such hearing examiners and such legal, technical and other consultants and other personnel as it deems necessary.  The board may provide for its own representation and appearance in all actions and proceedings involving issues under this article.  The department of environmental conservation shall provide such meeting rooms, hearing rooms, and other facilities as the board may request in the performance of its duties.