N.Y. Public Authorities Law § 1852: New York state energy research and development authority

§ 1852. New York state energy research and development authority. 1.

The authority heretofore known and designated as the "New York state

atomic and space development authority" is hereby continued and shall

hereafter be known and designated as the New York state energy research

and development authority. Reference in any provision of law, general,

special or local, or in any rule, regulation or public document to the

New York state atomic research and development authority or to the New

York state atomic and space development authority shall be deemed to be

and construed as a reference to the authority continued by this section.

The authority shall be a body corporate and politic, constituting a

public benefit corporation.

2. The membership of the authority shall consist of thirteen members,

to be as follows: the commissioner of the department of transportation,

the commissioner of the department of environmental conservation, the

chair of the public service commission, the president and chief

executive officer of the power authority of the State of New York, all

of whom shall serve ex-officio; and nine members appointed by the

governor by and with the advice and consent of the senate; one of whom

shall be an engineer or a research scientist with a degree in the

physical sciences or engineering who has not been employed in the

nuclear fission field for three years preceding the appointment and who

shall not be so employed during his or her term; one of whom shall be an

economist who shall not have received more than one-tenth of his or her

income from an electric utility or gas utility for three years preceding

the appointment and who shall not so derive more than one-tenth of his

or her income during such term; one of whom who shall be a member of a

not-for-profit environmental group; one of whom shall be a member of a

not-for-profit consumer group; one of whom who shall be an officer of a

utility primarily engaged in the distribution of gas; and one of whom

shall be an officer of an electric utility. The governor shall designate

the chair. Of the nine members appointed by the governor, two shall be

appointed for terms expiring April first, nineteen hundred

seventy-eight, two for terms expiring April first, nineteen hundred

eighty, two for terms expiring April first, nineteen hundred eighty-one,

and three for terms expiring April first, nineteen hundred eighty-two.

Persons appointed by the governor for full terms as successors to such

members shall serve for terms of six years each commencing as of April

first. In the event of a vacancy occurring in the office of a member by

death, resignation or otherwise, the governor shall appoint a successor,

by and with the advice and consent of the senate, to serve the balance

of the unexpired term.

3. The chairman shall preside over meetings of the authority and shall

serve as the primary liaison between the members and authority staff. A

vice-chairman may be elected by the authority from among its other

members to serve as such at the pleasure of the authority. The

vice-chairman shall preside over all meetings of the authority in the

absence of the chairman and shall have such other duties as the

authority may prescribe. The president shall be the chief executive

officer of the authority and shall be primarily responsible for the

discharge of the executive and administrative functions of the

authority.

4. The members, including the chair, shall serve without compensation

for their services, but they shall be entitled to reimbursement for

their actual and necessary expenses incurred in the performance of their

official duties.

5. Any member may engage in private employment, or in a profession or

business, subject to the limitations contained in sections seventy-three

and seventy-four of the public officers law; provided however, that

notwithstanding any other provision of law, the members of the authority

who are officers of an electric utility or a utility primarily engaged

in the distribution of gas shall not be prohibited from participating

and voting on any bond issue of the authority relating to air and water

pollution facilities for any utility other than for the utilities of

which such members are officers respectively. The authority shall, for

the purposes of such sections, be a "state agency" and all members,

including the chair, shall be "officers" of the agency for the purposes

of said sections.

6. Notwithstanding any inconsistent provisions of 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 by reason of his acceptance of membership on the

authority; provided, however, a member who holds such other public

office or employment shall receive no additional compensation or

allowance for services rendered pursuant to this article, but shall be

entitled to reimbursement for his actual and necessary expenses incurred

in the performance of such services.

7. The governor may remove any member 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 member shall be

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

state a complete statement of charges made against such member, and his

findings thereon, together with a complete record of the proceedings.

8. A majority, but no fewer than five, of the members of the authority

then in office shall constitute a quorum for the transaction of any

business or the exercise of any power of the authority.

9. The authority may appoint such persons to serve as officers, agents

or employees of the authority as it may deem advisable and may prescribe

their duties and fix their compensation, subject to the civil service

law and the rules and regulations of the civil service commission of the

state.

10. The authority may appoint one or more advisory committees

consisting of not more than seven members each to consider and advise

the authority upon all matters submitted to them by the authority and to

recommend to the authority such changes in the administration of this

title and the operations of the authority as the advisory committee may

deem desirable. Members of advisory committees shall serve without

salary for such terms, not to exceed four years, as the authority may

determine, and shall be entitled to reimbursement for their actual and

necessary travel expenses incurred in the performance of their official

duties.