§ 15-1105 — Regional planning and development board; meetings; quorum; powers and duties

New York § 15-1105

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 11: Local and Regional Water Resources Planning and Development
• Art. 15: Water Resources

Text

§ 15-1105. Regional planning and development board; meetings; quorum;\n powers and duties.\n 1. If the department shall determine that the proposal should be\nundertaken, the department, after the expiration of the time in which a\nreview of its decision may be had or, in the event such a review has\nbeen instituted, after a final judgment or order affirming the\ndepartment's decision has been entered therein, shall appoint a regional\nplanning board, hereinafter referred to as "the board."\n 2. The board shall consist of seven members residing in the region of\nthe proposal and of whom:\n a. At least one member shall be representative of the municipal\ncorporations within the region of the proposal; and service as a member\nof the board shall not be deemed as service rendered to any municipal\ncorporation;\n b. At least one member shall be representative of the agricultural and\nfarming interests within the region of the proposal and shall be\nactively interested in the improvement and development of agricultural\nand farming process and techniques;\n c. At least one member shall be representative of industry within the\nregion of the proposal and actively engaged or employed in an industrial\nor commercial pursuit;\n d. At least one member shall be representative of groups within the\nregion of the proposal interested in the needs of fisheries and\nwaterfowl and in forms of outdoor recreation made possible by the\nstate's waters; and\n e. At least one member shall be actively engaged in or connected with\nthe acquisition, operation or management of public water supplies within\nthe region; and service as a member of the board shall not be deemed as\nservice rendered to any municipal corporation.\n 3. Appointments to the board shall be made by the department from\nlists of nominations submitted to it, at the department's request, by\nthe county legislative body or bodies of the county or counties within\nthe region of the proposal. Each list of nominations shall contain\nfourteen names including two for each of the five representative classes\nspecified by subdivision 2 of this section. Where more than one county\nis included, the county legislative body or bodies shall make all\nreasonable effort to agree upon a single list of nominations. The\ndepartment when making its requests for nominations shall specify a\ndate, fixed so as to permit action on the requests by the county\nlegislative bodies; on or before which such nominations must be\nsubmitted, unless the department shall extend such time. The persons so\nappointed by the department shall within ten days following the date of\ntheir appointments and before entering upon the performance of their\nduties, take and subscribe an oath of office in the manner and form\nprescribed by law, and shall file the same in the office of the\nSecretary of State of the state of New York. Each appointee shall notify\nthe department in writing of the date of filing his oath of office. A\nvacancy shall be filled from the appropriate representative class and in\nlike manner as an original appointment.\n 4. The board shall hold its first meeting not later than thirty days\nafter the oaths of office of all members have been so filed for the\npurpose of organization and the appointment of its officers. The board\nshall select from among its members a chairman, vice chairman and\nsecretary.\n 5. The board shall be known and transact its affairs as the\n"........... Regional Water Resources Planning Board" (insert in the\nname of such board a word or words, chosen by the board at its first\nmeeting, descriptive of the region of the proposal).\n 6. The members of the board shall serve without compensation but shall\nbe reimbursed for their actual and necessary expenses incurred in the\nperformance of their duties. Vouchers for such expenses shall be\nprepared on forms provided by the department and shall be approved by\nthe chairman of the board. Such vouchers shall be submitted in duplicate\nto the department, which shall transmit one copy of each voucher to the\nComptroller of the state of New York for payment and shall retain the\nother copy in its files.\n 7. The board shall expire and the terms of office of its members shall\nterminate thirty days after the department has finally approved or\ndisapproved a plan as hereinafter provided in title 11 of this article.\nHowever, the department, with the concurrence of the county legislative\nbody or bodies of the county or counties within the region, may\nterminate the existence of the board and the terms of office of its\nmembers at any time it deems it in the public interest to do so; and the\ndepartment, with the concurrence of the county legislative body or\nbodies of such county or counties, may continue the existence of the\nboard and the terms of office of its members for a specified additional\nperiod of time after the department has finally approved a plan, for the\npurpose of furthering the objectives of the plan.\n 8. The board shall hold regular meetings monthly, keep a record of all\nits proceedings, and determine the rules of its own proceedings.\n 9. Special meetings may be called by the chairman upon his own\ninitiative and must be called by him upon receipt of a written request\ntherefor signed by at least two members of the board. Written notice of\nthe time and place of such special meeting shall be given by the\nsecretary to each member at least four days before the date fixed by the\nnotice for such special meeting.\n 10. Four members of the board shall constitute a quorum to transact\nthe business of the board at both regular and special meetings.\n 11. The board shall request the department within appropriations\navailable to the department therefor, to provide office space and\nequipment, and to select and employ or retain clerical, technical,\nscientific, engineering, legal and other personnel and services to\nassist the board in carrying out its duties and performing its functions\nunder title 11 of this article.\n 12. The board, using the personnel so selected and employed or\nretained by the department, shall proceed to investigate, study, examine\nand survey the water resources of the region of the proposal to\nascertain the present uses being made thereof, and to determine the\nfeasibility of their future development by proper conservation and\ncontrol measures, to provide a greater supply for, and an equitable\ndistribution among domestic, municipal, agricultural, commercial,\nindustrial and recreational users, to the end that the water resources\nof the region shall not be wasted and shall be conserved and utilized\nfor the beneficial interests of all the people of the state. Particular\nconsideration shall be given to the impounding and retention of flood\nwaters for their future use and distribution.\n 13. The board may conduct informal hearings and meetings at any place\nor places within the region for the purpose of obtaining necessary\ninformation or other data to assist it in the proper performance of its\nfunctions and duties. The board may delegate to any member, to the\nsecretary or to any agent of the board the power and authority to\nconduct such hearings and meetings, and all reasonable efforts shall be\nmade to ascertain the views, wishes and opinions of the inhabitants of\nthe region.\n 14. The board and its authorized agents may enter upon any lands as in\nits judgment may be necessary for the purpose of making surveys and\nexaminations to accomplish its functions and duties under this article,\nwithout liability. Liability only for actual damage done during any such\nentry, survey and examination is hereby assumed by the state and consent\nis hereby granted to any owner of such lands to pursue his remedy for\nany such actual damage pursuant to the Court of Claims Act.\n 15. The board shall cooperate with legislative committees and\ncommissions, and shall make available to such committees and\ncommissions, upon request, any records and other data, and shall file\nmonthly with the department a report of its activities and progress.\nUpon termination of the board's existence, the board shall deposit all\nrecords of its proceedings with the department.\n 16. The board, based upon its investigations and studies, shall\nprepare a comprehensive plan or plans for the protection, conservation,\ndevelopment and utilization of the water resources of the region of the\nproposal, and shall submit the plan or plans to the department for its\napproval.\n