NY Pub Auth L § 878 (2021)
2021 New York Laws PBA - Public Authorities Article 4 - Market Authorities Title 4 - Genesee Valley Regional Market Authority 878 - Genesee Valley Regional Market Authority.

§  878.  Genesee  Valley  Regional  Market Authority. 1. A board to be known as the  "Genesee  Valley  Regional  Market  Authority"  is  hereby created.  Such board shall be a body corporate and politic, constituting a public benefit corporation.   2. The board shall consist of fifteen members, as follows:  (a) The commissioner of agriculture and markets, or his representative designated in writing by him, shall be a member ex officio.  (b) The county legislative body  of  each  county  shall  appoint  the number  of  members  as  follows,  who shall be residents of the county: Monroe county, three members; Livingston county,  two  members;  Ontario county, two members; Wayne county, two members who shall be residents of that  part  of  Wayne  county  lying  west  of the new pre-emption line; Genesee county, one member; Orleans county, one member; Steuben  county, one member; Wyoming county, one member; and Yates county, one member.   3.  One  member of the board from each county may be either a producer or non-producer  of  agricultural  products;  other  members  from  each county,  if  any,  shall  be  persons  engaged in farming and deriving a greater part of their income  therefrom;  provided,  however,  that  all persons  appointed  as  members  of  the board after May first, nineteen hundred sixty-one, shall  be  producers  of  agricultural  products  who actually sell all or part of their produce at regional market facilities maintained and operated by the Genesee Valley Regional Market Authority.   4.  A member of the board shall continue in office during the pleasure of the body appointing him or her. Any vacancy which may occur by reason of the death, disqualification, resignation or removal of a member shall be filled by the body which appointed such member. Each  member  of  the board  shall,  before  entering  upon  the  duties  of  office, take the constitutional oath of office and file the same in  the  office  of  the secretary  of  state.  Any  member  may  be  removed by the governor for inefficiency, neglect of duty or misconduct in office, after  a  hearing upon charges and an opportunity to be heard in person or by counsel upon not  less  than  ten  days'  notice.  The members of the board shall not receive a salary  or  other  compensation,  but  shall  be  paid  actual expenses  incurred  in  attending  meetings  of  the board and executive committee and in performing committee  work  assigned  to  them  by  the board,  and shall be reimbursed for travel expenses at the per mile rate allowed state employees for use of personal vehicles.  The powers of the authority shall be  vested  in  and  exercised  by  the  board  and  the provisions  of  section  forty-one of the general construction law shall apply; provided that the board may  delegate  to  one  or  more  of  its members  or to its officers, agents and employees such powers and duties as it may deem proper.   5. At the first meeting of the board,  the  board  shall  choose  from their  number  a  chairman,  vice-chairman, secretary, and treasurer who shall serve during the pleasure of the board. Before entering  upon  the duties  of  his  office the treasurer shall execute to the authority and file with the secretary of the authority a bond in  such  sum  and  with such  sureties  as  the board shall direct and approve. The board may at any time require the treasurer to file a new bond for such sum and  with such sureties as the board shall approve. In the event the surety on any such  bond  is  a  surety company authorized to transact business in the state of New York the expense of procuring such  surety,  not  exceeding one per centum per annum upon the sum for which the bond is given, shall be a charge against the authority.   6.  In  fulfilling  the  authority's  mission,  the  board  shall work cooperatively and in consultation with the department of agriculture and markets to assure the proper development  of  agriculture  and  regional market  facilities,  in the Genesee Valley Regional Market District. The  board and the  department  of  agriculture  and  markets  shall  jointly develop  a  plan for the future development and viability of agriculture and regional market facilities in the district. Such plan shall  include both short term and long term goals and objectives as well as actual and projected  revenues  and expenditures. Such plan shall annually allocate no less than seventy-five percent of the authority's available funds for the creation, development, and enhancement of agriculture  and  regional market  facilities,  in  the district. For purposes of this subdivision, available funds shall mean the net amount available after  contractually obligated expenditures are subtracted from, but not be limited to, cash, cash   equivalents,  certificates  of  deposit,  and  other  receivables available. The board and department shall meet  annually  prior  to  the close  of  the  authority's fiscal year to evaluate the effectiveness of the use of funds for that fiscal year, review the goals  and  objectives of  the  plan,  and  properly prepare for the allocation and use of such funds for the next fiscal year. The plan shall be  updated  annually  to make  appropriate  modifications  to such plan for the next fiscal year. Prior to  any  such  funds  being  expended,  both  the  board  and  the department  must  approve such plan, its goals and objectives as well as the projected revenues and proposed allocations.   The Genesee Valley Regional Market Authority shall furnish  an  annual real  estate  report  detailing  all  real  estate holdings and detailed property  information,  including  but  not  limited  to  the   tenants, important  lease terms, rents, durations of leases, as well as copies of each lease. Notwithstanding any other provision of law to the  contrary, the  Genesee Valley Regional Market Authority shall furnish all required reports, audits, and reviews, including the annual real  estate  report, to all parties enumerated in paragraph (a) of subdivision one of section twenty-eight  hundred  of  this  chapter as well as to the department of agriculture and markets, within ninety days after the end of its  fiscal year.