NY Pub Auth L § 1852 (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 9 - New York State Energy Research and Development Authority 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 shall serve without compensation for their services  as   members,  but  they  shall be entitled to reimbursement for their actual   and necessary expenses incurred in the  performance  of  their  official   duties.5.   Any  member  (except  the  chairman),  the  commissioner  of  the   department of environmental conservation and the chairman of the  public   service  commission 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 chairman, 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.