Section 140. Definitions

Where used in this article, the following terms,
  unless   the  context  otherwise  requires,  shall  have  the  following
  meanings:
    1. "Municipality" means a county, city, town or village in the state.
    2. "Major steam electric generating facility" means a  steam  electric
  generating  facility  with  a  generating  capacity  of  fifty  thousand
  kilowatts or more.
    3.  "Person"  means  any  individual,  corporation,   public   benefit
  corporation,  political  subdivision, governmental agency, municipality,
  partnership, co-operative association, trust or estate.
    4. "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.
    5. "Department" means the state department of public service.
    6. "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