N.Y. Public Authorities Law § 1020-c*2: Green Island power authority

* § 1020-c. Green Island power authority. 1. There is hereby created

and established a public corporation, to be known as the "Green Island

power authority". The authority shall be a body corporate and politic

constituting a public benefit corporation, the objects of which in the

judgment of the legislature cannot be attained under general laws.

2. The authority shall have the power to acquire such real estate and

other property as may be necessary for its corporate purposes, to sue

and be sued, to incur debts, liabilities and obligations, to issue bonds

and other evidences of indebtedness, to have a seal, and to exercise all

powers authorized by this title and reasonably necessary for

accomplishing its purposes, or properly incidental thereto, subject to

the provisions herein contained and to the constitution and laws of the

United States and of the state.

3. The authority and its existence shall continue for a period of

twelve years and thereafter until all its liabilities have been met and

its bonds have been paid in full or such liabilities and bonds have

otherwise been discharged and thereupon all rights and properties of the

authority then remaining shall pass to and be vested in the village.

4. The authority shall consist of five members, to be residents of the

village and be appointed by the board of trustees on designation of the

mayor. The term of office of a member shall be five years, but in the

first instance such members shall be appointed to hold office, one for

one year, one for two years, one for three years, one for four years and

one for five years, the term of each to be fixed by the resolution

making the appointment. Upon resignation of a member, or a vacancy

occurring in any other manner, it shall be filled by appointment for the

unexpired term. In other respects, all vacancies shall be filled in the

manner corresponding to the original appointment.

5. The members of the authority may appoint an executive committee of

not less than three members and may delegate full powers to such

committee. They may appoint such other committees of not less than three

members each with such powers as they may provide. They may elect one of

the members as a chairman and may elect or appoint other officers and

determine their powers. They may by a vote of a majority of members

adopt by-laws and provide for their annual and regular meetings and for

the calling of special meetings. The treasurer of the village shall be

ex-officio treasurer of the authority and his compensation as such

treasurer shall be fixed by the members. Each member before entering

upon the duties of his office shall take the constitutional oath of

office, which shall be filed in the office of the secretary of state.

Three members shall constitute a quorum for the transaction of business

and the concurrence of three members at a meeting shall be necessary to

the validity of any resolution, order or determination. Any member may

be removed by the board of trustees for inefficiency, neglect of duty or

misconduct in office, after a hearing upon charges and an opportunity to

be heard in person or by counsel upon not less than ten days' notice.

The members shall receive such salary as shall be determined by the

board of trustees. They shall receive no reimbursement for the ordinary

expenses of attending meetings, but may by resolution of the members be

allowed their expenses of a special or extraordinary nature. A member

may receive additional compensation to be fixed by the members, if

appointed an officer of the authority.

6. No public officer or employee shall be ineligible for appointment

as a member or officer of the authority and any public officer or

employee may accept such appointment and serve as a member or officer

without forfeiture of any other public office or position of public

employment by reason thereof. Any one or more members or officers of the

authority may be an officer or employee of the village. In the event

that an officer or employee of the village shall be appointed as a

member or officer of the authority, acceptance or retention of such

appointment shall not be deemed a forfeiture of his village office or

employment, or incompatible therewith or affect his tenure or

compensation in any way.

7. It is hereby determined and declared that the authority and the

carrying out of its powers, purposes and duties are in all respects for

the benefit of the people of the village of Green Island and the state

of New York, and that said purposes are public purposes and that the

authority is and will be performing an essential governmental function

in the exercise of the powers conferred upon it by this title.

8. Neither the public service commission nor any other board or

commission of like character, shall have jurisdiction over the authority

in the management and control of its properties or operations or any

power over the regulation of rates fixed or charges collected by the

authority except as otherwise provided in this subdivision.

a. The authority's rates, services and practices with respect to power

and energy purchased from the power authority of the state of New York

shall be subject to regulation by such power authority pursuant to the

provisions of the power authority act and any contract between the two

authorities.

b. The authority's rates, services and practices with respect to power

and energy that is either (i) generated by an electric plant owned,

operated or managed by the authority, or (ii) purchased by the authority

from sources other than the power authority of the state of New York

shall be subject to regulations of the public service commission under

the provisions of the public service law.

** c. Articles seven and eight of the public service law shall apply

to the authority's siting and operation of a major electric transmission

facility as therein defined and article ten of the public service law

shall apply to the authority's siting and operation of a major electric

generating facility as therein defined.

** NB Effective until December 31, 2040

** c. Article seven of the public service law shall apply to the

authority's siting and operation of a major transmission facility as

therein defined and article ten of the public service law shall apply to

the authority's siting and operation of a major electric generating

facility as therein defined.

** NB Effective December 31, 2040

* NB There are 2 § 1020-c's