NY Pub Auth L § 1282 (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 12 - New York State Environmental Facilities Corporation 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.