Will Cape Vincent Have ANY Representation At ALL On The Art. X Siting Board?

Everyone is talking about intervener funds.  One would have to assume that if the town is awarded funds that those funds would be used to make an "expert case" to defend our zoning law before the Art. X siting board AND that board would hopefully include some friendly ad hoc  members submitted by local towns and the county.

Well maybe not...read on and see if you can figure this out!!!

Remember the local ad hoc appointees to the Art. X siting board? When will we know who was selected?

Here is the language of the Art. X law in regards to selecting the ad hoc members.


"Nominations shall be submitted to the president pro tem of the senate and the speaker of the assembly within fifteen days of receipt of notification of the pre-application preliminary scoping statement.

In the event that the president pro tem of the senate does not appoint one of the candidates within thirty days of such nominations, the governor shall appoint the ad hoc member from the list of candidates.

In the event that the speaker of the assembly does not appoint one of the candidates within thirty days of such nominations, the governor shall appoint the ad hoc member from the list of candidates.

In the event that one or both of the ad hoc public members have not been appointed within forty-five days, a majority of persons named to the board shall constitute a quorum."

This is a little bit confusing to me, however, I think it reads that 15 days after BP submitted their PSS, which was on March 29, 2013, the town and other municipalities have to submit the names of their ad hoc candidates to the Art X board. I believe the town at least even did that prior to this deadline. Then after the 15 day limit the president pro tem and speaker have 30 days to select the ad hoc members.

If I am reading this correctly that would total 45 days and should be May 13, 2013.

If there is no selection at that point then it appears the Governor would have 45 days from the 15 of ad hoc candidate names submitted, or 60 days total from BP’s submission of their PSS and that would be the 28th of May.

But that really isn't the interesting part.     I believe everyone has been assuming we will have representation on the Art. X board through the ad hoc members selected.   But read the last line in the law.

In the event that one or both of the ad hoc public members have not been appointed within forty-five days, a majority of persons named to the board shall constitute a quorum.

Maybe I am wrong, but the way this reads to me is that if there are no selections by this time…then the other State agency members named to the Art. X board ....ARE IT!!!

Is it possible that the language in the Art. X law legally allows for NO local ad hoc representation just in case the ad hoc candidates are a little TOO unfriendly to the State's green agenda?

Does this say that if the pres. pro tem and the speaker and the governor  don’t make, or can’t decide on selections of ad hoc members,  that there will be NONE on the Art. X board, and the final decision will be made completely by Albany bureaucrats that have no meaningful relationship to Cape Vincent or the 1000 Islands?????

Now this is interesting because it sounds just like the "out" that the NYS Constitution and Home Rule Laws give the State on home rule.  Oh we can have home rule alright...right up to the point that the State pressured by corporate lobbying says..."Nope, this matter is too important for the local municipalities to decide for themselves."

You know, like the State stripping away home rule right for wind development!!!

Help me out here…how do you read this?????