N.Y. Public Authorities Law § 1282: New York state environmental facilities corporation

§ 1282. New York state environmental facilities corporation. 1. The

"New York state pure waters authority" is hereby reconstituted and

continued as the "New York state environmental facilities corporation".

Reference in any provision of law, general, special or local, or in any

rule, regulation or public document to the New York state pure waters

authority shall be deemed to be and construed as a reference to the

corporation continued by this section. The corporation shall be a body

corporate and politic constituting a public benefit corporation. Its

membership shall consist of seven directors: the commissioner of

environmental conservation who shall be chair, the commissioner of

health, the secretary of state, and four directors appointed by the

governor by and with the advice and consent of the senate. The directors

appointed by the governor who are not state officers, shall serve for

terms of six years each, provided, however, that of the directors first

appointed, two shall serve for terms of two years, the remaining two for

terms of four and six years, respectively, from January first next

succeeding their appointment. The appointed members of the New York

state pure waters authority in office on the effective date of this

title shall be deemed to be directors first appointed in accordance with

the foregoing and shall hold office for the balance of the terms for

which they were severally appointed. Any vacancy occurring otherwise

than by expiration of term shall be filled in the same manner as the

original appointment for the balance of the unexpired term. The board of

directors of the corporation shall appoint, by resolution, the president

of the corporation. The president shall be the chief executive officer

of the corporation and shall serve at the pleasure of the board of

directors of the corporation.

2. Each director shall not receive a salary or other compensation, but

shall be entitled to reimbursement for actual and necessary expenses

incurred in the performance of his or her official duties.

3. Such directors other than the commissioner of environmental

conservation, the commissioner of health and the secretary of state may

engage in private employment, or in a profession or business, subject to

the limitation contained in sections seventy-three and seventy-four of

the public officers law. The corporation shall, for the purposes of

sections seventy-three and seventy-four of the public officers law, be a

"state agency," and such directors shall be "officers" of the

corporation for the purposes of said sections.

4. Four directors of the corporation shall constitute a quorum for the

transaction of any business or the exercise of any power of the

corporation. For the transaction of any business or the exercise of any

power of the corporation, the corporation shall have power to act by a

majority of the directors present at any meeting at which a quorum is in

attendance. Videoconferencing may be used for attendance and

participation by the directors. Any director attending and participating

by the use of videoconferencing in compliance with article seven of the

public officers law shall be considered to be present at the meeting.

The corporation may delegate to one or more of its directors, or its

officers, agents and employees, such powers and duties as it may deem

proper. The commissioner of environmental conservation, the commissioner

of health and the secretary of state may, by official proxy, filed with

and approved by the corporation, designate an officer in their

respective department, to perform, in their absence, their respective

duties under this article. The term "director" as used in this

subdivision shall include such persons so designated as provided herein.

The designation of such persons shall be deemed temporary only and shall

not affect the civil service or retirement rights of any persons so

designated.

5. Notwithstanding any inconsistent provisions of this or any other

law, general, special or local, no officer or employee of the state, or

of any civil division thereof, shall be deemed to have forfeited or

shall forfeit his office or employment or any benefits provided under

the retirement and social security law by reason of his acceptance of

membership on the corporation, provided, however, a director who holds

such other public office or employment shall receive no additional

compensation for services rendered pursuant to this title, but shall be

entitled to reimbursement for his actual and necessary expenses incurred

in the performance of such services.

6. The governor may remove any director for inefficiency, neglect of

duty or misconduct in office after giving him a copy of the charges

against him and an opportunity to be heard, in person or by counsel in

his defense, upon not less than ten days' notice. If any director shall

be so removed, the governor shall file in the office of the department

of state a complete statement of charges made against such director, and

his findings thereon, together with a complete record of the

proceedings.

7. The corporation shall continue so long as it shall have bonds or

other obligations outstanding and until its existence shall be

terminated by law. Upon the termination of the existence of the

corporation, all its rights and properties shall pass to and be vested

in the state.