§ 1852 — New York state energy research and development authority

§ 1852. New York state energy research and development authority. 1.\nThe authority heretofore known and designated as the "New York state\natomic and space development authority" is hereby continued and shall\nhereafter be known and designated as the New York state energy research\nand development authority. Reference in any provision of law, general,\nspecial or local, or in any rule, regulation or public document to the\nNew York state atomic research and development authority or to the New\nYork state atomic and space development authority shall be deemed to be\nand construed as a reference to the authority continued by this section.\nThe authority shall be a body corporate and politic, constituting a\npublic benefit corporation.\n 2. The membership of the authority shall consist of thirteen members,\nto be as follows: the commissioner of the department of transportation,\nthe commissioner of the department of environmental conservation, the\nchair of the public service commission, the president and chief\nexecutive officer of the power authority of the State of New York, all\nof whom shall serve ex-officio; and nine members appointed by the\ngovernor by and with the advice and consent of the senate; one of whom\nshall be an engineer or a research scientist with a degree in the\nphysical sciences or engineering who has not been employed in the\nnuclear fission field for three years preceding the appointment and who\nshall not be so employed during his or her term; one of whom shall be an\neconomist who shall not have received more than one-tenth of his or her\nincome from an electric utility or gas utility for three years preceding\nthe appointment and who shall not so derive more than one-tenth of his\nor her income during such term; one of whom who shall be a member of a\nnot-for-profit environmental group; one of whom shall be a member of a\nnot-for-profit consumer group; one of whom who shall be an officer of a\nutility primarily engaged in the distribution of gas; and one of whom\nshall be an officer of an electric utility. The governor shall designate\nthe chair. Of the nine members appointed by the governor, two shall be\nappointed for terms expiring April first, nineteen hundred\nseventy-eight, two for terms expiring April first, nineteen hundred\neighty, two for terms expiring April first, nineteen hundred eighty-one,\nand three for terms expiring April first, nineteen hundred eighty-two.\nPersons appointed by the governor for full terms as successors to such\nmembers shall serve for terms of six years each commencing as of April\nfirst. In the event of a vacancy occurring in the office of a member by\ndeath, resignation or otherwise, the governor shall appoint a successor,\nby and with the advice and consent of the senate, to serve the balance\nof the unexpired term.\n 3. The chairman shall preside over meetings of the authority and shall\nserve as the primary liaison between the members and authority staff. A\nvice-chairman may be elected by the authority from among its other\nmembers to serve as such at the pleasure of the authority. The\nvice-chairman shall preside over all meetings of the authority in the\nabsence of the chairman and shall have such other duties as the\nauthority may prescribe. The president shall be the chief executive\nofficer of the authority and shall be primarily responsible for the\ndischarge of the executive and administrative functions of the\nauthority.\n 4. The members, including the chair, shall serve without compensation\nfor their services, but they shall be entitled to reimbursement for\ntheir actual and necessary expenses incurred in the performance of their\nofficial duties.\n 5. Any member may engage in private employment, or in a profession or\nbusiness, subject to the limitations contained in sections seventy-three\nand seventy-four of the public officers law; provided however, that\nnotwithstanding any other provision of law, the members of the authority\nwho are officers of an electric utility or a utility primarily engaged\nin the distribution of gas shall not be prohibited from participating\nand voting on any bond issue of the authority relating to air and water\npollution facilities for any utility other than for the utilities of\nwhich such members are officers respectively. The authority shall, for\nthe purposes of such sections, be a "state agency" and all members,\nincluding the chair, shall be "officers" of the agency for the purposes\nof said sections.\n 6. Notwithstanding any inconsistent provisions of law, general,\nspecial or local, no officer or employee of the state, or of any civil\ndivision thereof, shall be deemed to have forfeited or shall forfeit his\noffice or employment by reason of his acceptance of membership on the\nauthority; provided, however, a member who holds such other public\noffice or employment shall receive no additional compensation or\nallowance for services rendered pursuant to this article, but shall be\nentitled to reimbursement for his actual and necessary expenses incurred\nin the performance of such services.\n 7. The governor may remove any member 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 member shall be\nso removed, the governor shall file in the office of the department of\nstate a complete statement of charges made against such member, and his\nfindings thereon, together with a complete record of the proceedings.\n 8. A majority, but no fewer than five, of the members of the authority\nthen in office shall constitute a quorum for the transaction of any\nbusiness or the exercise of any power of the authority.\n 9. The authority may appoint such persons to serve as officers, agents\nor employees of the authority as it may deem advisable and may prescribe\ntheir duties and fix their compensation, subject to the civil service\nlaw and the rules and regulations of the civil service commission of the\nstate.\n 10. The authority may appoint one or more advisory committees\nconsisting of not more than seven members each to consider and advise\nthe authority upon all matters submitted to them by the authority and to\nrecommend to the authority such changes in the administration of this\ntitle and the operations of the authority as the advisory committee may\ndeem desirable. Members of advisory committees shall serve without\nsalary for such terms, not to exceed four years, as the authority may\ndetermine, and shall be entitled to reimbursement for their actual and\nnecessary travel expenses incurred in the performance of their official\nduties.\n