BILL NUMBER: S8318
SPONSOR: PARKER
 
PURPOSE OF THE BILL:
This bill would amend section 169 of the executive law and section 1852
of the public authorities law in relation to the position of chair of
the New York State Energy Research and Development Authority
 
SUMMARY OF PROVISIONS:
Section 1: Amends subdivision 1(c) of § 169 of Executive Law (EXC) to
remove the Chair of the Energy Research and Development Authority from
the salary schedule established therein.
Section 2: Amends subdivisions 4 and 5 of § 1852 of Public Authorities
Law (PAL) to clarify that the Chair shall not receive a salary and to
remove language that prevents the Chair of the Authority from engaging
in private employment. Amends PAL to authorize the Commissioner of the
Department of Environmental Conservation and the Chair of the Public
Service Commission to have outside employment to align with existing
authorizations.
Section 3: Provides that this act shall take effect immediately.
 
JUSTIFICATION:
The referenced provisions are a vestige of when the State Energy Office
(SEO), an executive agency, existed at the same time as NYSERDA and the
Chair of the SEO served ex-officio as the Chair and CEO of NYSERDA. The
SEO was disbanded in accordance with Chapter 83 of the laws of 1995,
effective June 20th, 1995, and all functions were moved to NYSERDA.
NYSERDA's statute was subsequently amended with a structural change
separating the function of Chair and CEO, to make clear that it is the
President that is primarily responsible for the executive and adminis-
trative functions of NYSERDA, and that the Chair's role was that of a
liaison between the Board and NYSERDA Staff.
Since this structural change occurred, the position of NYSERDA's Chair
became an unpaid, volunteer position occupied by an independent person
who have been otherwise employed outside state government. In what
appears to have been an oversight, the provisions at issue in in EXC §
169 and PAL § 1852 have never been modified to align with the statutory
structural shift.
This bill will remove the now anomalous outside employment restrictions
on the Chair of the Energy Research and Development Authority, to clari-
fy any ambiguities created from allowing unpaid volunteer outside
experts to serve as Chair of the Authority, as has been the practice
since the SEO was disbanded as described above.
 
PRIOR LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS:
None to the State
 
EFFECTIVE DATE:
This act shall take effect immediately