(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.