* § 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 five 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 commerce and one of whom shall be an ad hoc member appointed by the governor, who shall be a resident of the judicial district in which the facility as primarily proposed is to be located. The term of the ad hoc member shall continue until a final determination has been made in the particular proceeding for which he was appointed. Upon receipt of an application under this article, the chairman shall promptly notify the governor. Three of the five persons on the board shall constitute a quorum for the transaction of any business of the board, and the decision of three members of the board shall constitute action of the board. 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 the appointee have been a director, officer, employee thereof. The appointee of the governor shall receive the sum of two hundred dollars for each day in which he is actually engaged in the performance of his duties herein plus actual and necessary expenses incurred by him 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 department of environmental conservation shall provide associate hearing examiners. Each member of the board other than the appointee of the governor may designate an alternate to serve instead of the member with respect to any particular proceeding pursuant to this article. Such designation shall be in writing and filed with the commission.

5. "Certificate" means a certificate of environmental compatibility and public need issued by the board pursuant to this article.

* NB Expired January 1, 1979

* NB Operative with regard to applications filed on or before December

31, 1978

* NB There are 2 § 140's