NY Pub Auth L § 1230-E (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 10-B - Niagara Falls Public Water Authority 1230-E - Water Board.

§  1230-e.  Water board. 1. A water board, to be known as the "Niagara Falls public water board", may be created by a special act of the  state legislature  as  a  body corporate and politic, constituting a corporate municipal instrumentality of the state and having the powers and  duties as provided in this title.   2.  The  governing body of the water board shall consist of a total of five members, to be appointed and to serve as follows: one member  shall be  appointed  by  the  governor,  one  member shall be appointed by the temporary president of the senate at the recommendation of  the  senator or  senators representing all or a portion of the city, one member shall be appointed by the speaker of the assembly at the recommendation of the assembly member or members representing all or a portion  of  the  city, one  member  shall  be  appointed  by the mayor, and one member shall be appointed by the majority vote of the city council. At  least  three  of the  five  members shall be residents of the city. When a vacancy occurs that reduces the number of members who are city residents to  less  than three,  the  appointment  to  fill that vacancy must be a city resident. Each member shall attend, in each fiscal  year,  at  least  seventy-five percent  of  all meetings of the governing body. Failure by any party to appoint any member shall not invalidate the creation or establishment of the water board and shall result in the creation of  a  vacancy  on  the governing  body  of  the  water board which may be filled at any time by such party. The member appointed by the governor shall be appointed  for a  term  ending on December thirty-first of the first year following the year in which this title shall have become a law; the  member  appointed by  the  temporary president of the senate shall be appointed for a term ending on December thirty-first of the second year following the year in which this title shall have become a law; the member  appointed  by  the speaker of the assembly shall be appointed for a term ending on December thirty-first  of  the  third year following the year in which this title shall have become a law; the member appointed  by  the  mayor  shall  be appointed  for a term ending on December thirty-first of the fourth year following the year in which this title shall have become a law; and  the member  appointed  by  the  city  council  shall be appointed for a term ending on December thirty-first of the fifth year following the year  in which  this  title  shall  have become a law. Subsequent appointments of members shall be made for a term of three years ending in each  case  on December  thirty-first of the last year of such term. No member shall be a member of the governing body  of  the  authority.  All  members  shall continue  to  hold  office  until  their  successors  are  appointed and qualify. All members shall hold, at a minimum, a bachelor's degree  from an  accredited  college or university, with a concentration or degree in one of the  following  areas  of  study  and  at  least  five  years  of professional  experience  therein,  or  without such degree, such member shall have at least ten years of professional experience in one  of  the following   fields:   legal,   environmental,   financial,   management, engineering, human resources, or science. Vacancies shall be  filled  in the  manner  provided  for  original  appointment.  Vacancies, occurring otherwise than by expiration of term  of  office,  shall  be  filled  by appointment  for the unexpired terms. Members may be removed from office only for the same reasons and in the same manner as provided by  section twenty-eight hundred twenty-seven of this chapter. Any member fulfilling the  requirement  that  at  least three members be residents of the city shall forfeit his or her membership on  the  governing  body  upon  such member's  termination  of  residence in the city, which forfeiture shall create a vacancy. The members  of  the  water  board  shall  receive  no compensation for their services but shall be reimbursed for their actual and  necessary  expenses incurred in connection with the carrying out of  the purposes of this title; provided, however, that no member  shall  be reimbursed  for  any expense of attending ordinary board meetings or any other expense exceeding one thousand dollars incurred  with  respect  to any  individual  purpose,  unless  the  governing body at a meeting duly called and held when three members are  present  shall  have  authorized such  expenditure by such member. The powers of the water board shall be vested in and be exercised by the  governing  body  at  a  meeting  duly called  and held where a quorum of three members are present. Any one or more members of the water board may participate in  a  meeting  of  such water board by means of a conference telephone or similar communications equipment  allowing  all persons participating in the meeting to hear or see and hear each other at the same time. Participation  by  such  means shall  constitute  presence  in  person at a meeting. No action shall be taken except pursuant to the favorable vote of  at  least  three  voting members.  All  votes must be made in person at a meeting and no vote may be made by proxy. The governing body may delegate to one or more of  its members,  officers, agents or employees such powers and duties as it may deem proper.   3. The officers of the water board shall  consist  of  a  chairman,  a vice-chairman  and a treasurer, who shall be members of the water board, and a secretary, who need not be a  member  of  the  water  board.  Such officers  shall  be  appointed  by the governing body and shall serve in such capacities at the pleasure of the governing body.  In  addition  to the  secretary,  the  governing  body may appoint and at pleasure remove such additional officers and employees as it may determine necessary  or appropriate  for  the  performance of the powers and duties of the water board,  and  fix  and  determine  their   qualifications,   duties   and compensation, subject to the provisions of the civil service law and the rules  of  the  civil service commission of the city. The governing body may also from time to time contract for  expert  professional  services. The  treasurer  shall  execute  a  bond,  conditioned  upon the faithful performance of  the  duties  of  his  or  her  office.  The  amount  and sufficiency of such bond shall be approved by the governing body and the premium therefor shall be paid by the water board.   4.  Notwithstanding any inconsistent provision of any general, special or local law, ordinance, resolution or charter, no  officer,  member  or employee  of the state, the city, any municipality, or any state agency, shall be deemed to have forfeited or shall forfeit his or her office  or employment  or  any  benefits  provided  under the retirement and social security law by reason of his or her  acceptance  of  appointment  as  a member, officer, agent or employee of the water board, nor shall service as  such member, officer, agent or employee be deemed incompatible or in conflict with such office, membership or employment.   5. (a) The mayor shall file on or before December thirty-first of  the year  following  the  year  in  which  the  special  act  of  the  state legislature creating the water board shall have become  a  law,  in  the office  of  the  secretary  of  state, a certificate signed by the mayor setting forth: (i) the name of the water board; (ii) the  names  of  the members  appointed  by  the  governor,  the  temporary  president of the senate, the speaker of the assembly, the mayor, and  the  city  council; and (iii) the effective date of the special act of the state legislature creating  the  water  board.  If  such certificate is not filed with the secretary of state on or before such date, then the corporate  existence of  the  water board shall thereupon terminate and it shall thereupon be deemed to be and shall be dissolved.  (b) The water board and its corporate existence shall  continue  until terminated by law, provided, however, that no such law shall take effect so  long as the water board shall have contractual duties or obligations  outstanding unless adequate provision has been made for the satisfaction thereof. Upon termination of the existence of the water  board,  all  of the rights, obligations and properties of the water board then remaining shall pass to and vest to the city, with the consent of the city, if the water  board acquired such property from the city, or to a municipality, with the consent of such municipality, if the water board acquired  such property  from  such  municipality,  unless  otherwise  provided  in  an agreement with the city or municipality and the water board, and  except as otherwise may be specified by law.   6.  It  is hereby determined and declared that the water board and the carrying out of its powers and  duties  are  in  all  respects  for  the benefit of the people of the city and the service area and the state for the  improvement  of  their health, welfare and prosperity and that such purposes are public purposes and that the water board  is  and  will  be performing  an  essential  governmental  function in the exercise of the powers conferred upon it by this title.   7. The water board shall establish and maintain its  principal  office at  which  it  conducts  its  business  in the city. Notwithstanding any general, special or local law or any charter provision,  the  city  may, and  is  hereby authorized to lease to the water board such office space as the water board determines to be necessary and  appropriate  for  the needs  of  the  water board, which lease shall be for such consideration and shall contain such terms and conditions as the water board  and  the city shall determine reasonable and appropriate.   8.  The  purpose  of the act of the legislature establishing the water board shall be, among other things, to  provide  for  the  jurisdiction, control, possession, supervision and use of the system; authorization to make rules and regulations in furtherance of this title; the enforcement of  this  title, the rules, regulations, permits and orders of the water board in connection with the  direct  or  indirect  use  of  the  system facilities by persons within the city and the service area and any other persons  for  whom  the water board provides services including, but not limited to, accepting, treating and disposing of wastewater,  industrial waste,  and other waste, from whatever source derived; and to enable the water board to comply with all applicable laws of the United States  and the  state,  and  the  rules,  regulations,  permits and orders of their regulatory agencies.