N.Y. Economic Development Law § 189-b: The western New York power proceeds allocation board

§ 189-b. The western New York power proceeds allocation board. 1.

There is hereby created the western New York power proceeds allocation

board, which shall possess the powers and duties herein specified. The

board shall consist of five members who shall be appointed by the

governor as follows: one of whom shall be appointed upon the

recommendation of the temporary president of the senate and shall reside

within the thirty mile radius of the Niagara power project, one of whom

shall be appointed upon the recommendation of the speaker of the

assembly and shall reside within the thirty mile radius of the Niagara

power project, and at least one additional member who shall also reside

within the thirty mile radius of the Niagara power project. The governor

shall designate a chair from amongst the board's members.

2. Each member shall serve a term of five years or until a successor

shall have been named and qualified. Members may be reappointed to

successive terms.

3. Notwithstanding any other provision of law to the contrary, three

members shall constitute a quorum for the purposes of organizing the

board and conducting the business thereof. No action of the board may be

taken except upon an affirmative vote of at least three-fifths of the

full board membership at any meeting at which at least three members are

present or participating by videoconferencing. Videoconferencing may be

used for attendance and participation by members of the board. If

videoconferencing is used, the board shall provide an opportunity for

the public to attend, listen and observe at any site at which a member

participates. The public notice for the meeting shall identify, if

practicable, all locations where a member will participate in the

meeting by videoconference and shall state that the public has the right

to attend the meeting at any such location.

4. Members of the board, except those that are employees or officers

of the state, its authorities or agencies, shall not receive a salary or

other compensation, but shall be allowed the necessary and actual

expenses incurred in the performance of duties under this article.