§ 1282 — New York state environmental facilities corporation

New York § 1282

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 12: New York State Environmental Facilities Corporation
• Art. 5: Public Utility Authorities

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§ 1282. New York state environmental facilities corporation. 1. The\n"New York state pure waters authority" is hereby reconstituted and\ncontinued as the "New York state environmental facilities corporation".\nReference in any provision of law, general, special or local, or in any\nrule, regulation or public document to the New York state pure waters\nauthority shall be deemed to be and construed as a reference to the\ncorporation continued by this section. The corporation shall be a body\ncorporate and politic constituting a public benefit corporation. Its\nmembership shall consist of seven directors: the commissioner of\nenvironmental conservation who shall be chair, the commissioner of\nhealth, the secretary of state, and four directors appointed by the\ngovernor by and with the advice and consent of the senate. The directors\nappointed by the governor who are not state officers, shall serve for\nterms of six years each, provided, however, that of the directors first\nappointed, two shall serve for terms of two years, the remaining two for\nterms of four and six years, respectively, from January first next\nsucceeding their appointment. The appointed members of the New York\nstate pure waters authority in office on the effective date of this\ntitle shall be deemed to be directors first appointed in accordance with\nthe foregoing and shall hold office for the balance of the terms for\nwhich they were severally appointed. Any vacancy occurring otherwise\nthan by expiration of term shall be filled in the same manner as the\noriginal appointment for the balance of the unexpired term. The board of\ndirectors of the corporation shall appoint, by resolution, the president\nof the corporation. The president shall be the chief executive officer\nof the corporation and shall serve at the pleasure of the board of\ndirectors of the corporation.\n 2. Each director shall not receive a salary or other compensation, but\nshall be entitled to reimbursement for actual and necessary expenses\nincurred in the performance of his or her official duties.\n 3. Such directors other than the commissioner of environmental\nconservation, the commissioner of health and the secretary of state may\nengage in private employment, or in a profession or business, subject to\nthe limitation contained in sections seventy-three and seventy-four of\nthe public officers law. The corporation shall, for the purposes of\nsections seventy-three and seventy-four of the public officers law, be a\n"state agency," and such directors shall be "officers" of the\ncorporation for the purposes of said sections.\n 4. Four directors of the corporation shall constitute a quorum for the\ntransaction of any business or the exercise of any power of the\ncorporation. For the transaction of any business or the exercise of any\npower of the corporation, the corporation shall have power to act by a\nmajority of the directors present at any meeting at which a quorum is in\nattendance. Videoconferencing may be used for attendance and\nparticipation by the directors. Any director attending and participating\nby the use of videoconferencing in compliance with article seven of the\npublic officers law shall be considered to be present at the meeting.\nThe corporation may delegate to one or more of its directors, or its\nofficers, agents and employees, such powers and duties as it may deem\nproper. The commissioner of environmental conservation, the commissioner\nof health and the secretary of state may, by official proxy, filed with\nand approved by the corporation, designate an officer in their\nrespective department, to perform, in their absence, their respective\nduties under this article. The term "director" as used in this\nsubdivision shall include such persons so designated as provided herein.\nThe designation of such persons shall be deemed temporary only and shall\nnot affect the civil service or retirement rights of any persons so\ndesignated.\n 5. Notwithstanding any inconsistent provisions of this or any other\nlaw, general, special or local, no officer or employee of the state, or\nof any civil division thereof, shall be deemed to have forfeited or\nshall forfeit his office or employment or any benefits provided under\nthe retirement and social security law by reason of his acceptance of\nmembership on the corporation, provided, however, a director who holds\nsuch other public office or employment shall receive no additional\ncompensation for services rendered pursuant to this title, but shall be\nentitled to reimbursement for his actual and necessary expenses incurred\nin the performance of such services.\n 6. The governor may remove any director for inefficiency, neglect of\nduty or misconduct in office after giving him a copy of the charges\nagainst him and an opportunity to be heard, in person or by counsel in\nhis defense, upon not less than ten days' notice. If any director shall\nbe so removed, the governor shall file in the office of the department\nof state a complete statement of charges made against such director, and\nhis findings thereon, together with a complete record of the\nproceedings.\n 7. The corporation shall continue so long as it shall have bonds or\nother obligations outstanding and until its existence shall be\nterminated by law. Upon the termination of the existence of the\ncorporation, all its rights and properties shall pass to and be vested\nin the state.\n