Code of Massachusetts Regulations
980 CMR - ENERGY FACILITIES SITING COUNCIL
Title 980 CMR 2.00 - General Information And Conduct Of Board Business
Section 2.03 - Board Membership

(1) Description of the Board. Pursuant to M.G.L. c. 164, § 69H, the Board shall be composed of nine members: the Secretary of Energy and Environmental Affairs; the Secretary of Housing and Economic Development; the Commissioner of the Department of Environmental Protection; the Commissioner of the Department of Energy Resources; two Commissioners of the Commonwealth Utilities Commission; or the designees of any of the foregoing; and three public members appointed by the Governor for a term co-terminus with that of the Governor, one of whom shall be experienced in environmental issues, one of whom shall be experienced in labor issues, and one of whom shall be experienced in energy issues.

(2) Chairman. In accordance with M.G.L. c. 164, § 69H, the Secretary of the Executive Office of Energy and Environmental Affairs, or the Secretary's designee, shall serve as Chairman of the Board. In the event of the absence, recusal, or disqualification of the Chairman, the Commissioner of the Department of Energy Resources shall appoint an acting chairman from the remaining members of the Board.

(3) Designees. A Board member other than a public member may nominate a designee to serve in his or her stead. Nomination shall be made by a letter addressed to the Chairman and signed by the nominating official. The nominating letter shall state whether the nomination is general or limited. The nominating official may revoke a nomination at any time by letter to the Chairman.

Once nominated, a general designee shall assume all responsibilities of the nominating official pursuant to M.G.L. c. 164, §§ 69G through 69S and 980 CMR 2.00. The nominating official may temporarily suspend a general nomination by appearing personally at a Board meeting or proceeding and performing the responsibilities of a Board member.

A limited designee shall assume only those responsibilities set forth in the nominating letter. The nominating official may retain and perform or may further name another designee to perform all other responsibilities.

(4) Replacement of Public Members . In the event of the resignation of a pubHc member, the Board Chairman shall notify the Governor in writing within 15 days and shall request the appointment of a new public member.

(5) Compensation. Any public member appointed by the Governor shall receive compensation for his or her services in the amount allowable by law, and shall be reimbursed by the State for all reasonable expenses actually and necessarily incurred in the performance of his or her official duties.

(6) Effect of Board Actions. No action taken by the Board pursuant to 980 CMR 2.00 shall bind any member of the Board or any designee for the purposes of any responsibilities of such member or designee not solely related to the operation of the Board.