NY Env Conserv L § 15-1105 (2021)
2021 New York Laws ENV - Environmental Conservation Article 15 - Water Resources Title 11 - Local and Regional Water Resources Planning and Development 15-1105 - Regional Planning and Development Board; Meetings; Quorum; Powers and Duties.

§ 15-1105. Regional  planning  and  development board; meetings; quorum;powers and duties.1. If the department shall  determine  that  the  proposal  should  be   undertaken,  the department, after the expiration of the time in which a   review of its decision may be had or, in the event  such  a  review  has   been   instituted,  after  a  final  judgment  or  order  affirming  the   department's decision has been entered therein, shall appoint a regional   planning board, hereinafter referred to as "the board."2. The board shall consist of seven members residing in the region  of   the proposal and of whom:a.  At  least  one  member  shall  be  representative of the municipal   corporations within the region of the proposal; and service as a  member   of  the  board  shall not be deemed as service rendered to any municipal   corporation;b. At least one member shall be representative of the agricultural and   farming interests within  the  region  of  the  proposal  and  shall  be   actively  interested  in the improvement and development of agricultural   and farming process and techniques;c. At least one member shall be representative of industry within  the   region of the proposal and actively engaged or employed in an industrial   or commercial pursuit;d.  At  least  one member shall be representative of groups within the   region of  the  proposal  interested  in  the  needs  of  fisheries  and   waterfowl  and  in  forms  of  outdoor  recreation  made possible by the   state's waters; ande. At least one member shall be actively engaged in or connected  with   the acquisition, operation or management of public water supplies within   the  region; and service as a member of the board shall not be deemed as   service rendered to any municipal corporation.3. Appointments to the board shall be  made  by  the  department  from   lists  of  nominations  submitted to it, at the department's request, by   the county legislative body or bodies of the county or  counties  within   the  region  of  the  proposal.  Each  list of nominations shall contain   fourteen names including two for each of the five representative classes   specified by subdivision 2 of this section. Where more than  one  county   is  included,  the  county  legislative  body  or  bodies shall make all   reasonable effort to agree  upon  a  single  list  of  nominations.  The   department  when  making  its  requests  for nominations shall specify a   date, fixed so as to  permit  action  on  the  requests  by  the  county   legislative  bodies;  on  or  before  which  such  nominations  must  be   submitted, unless the department shall extend such time. The persons  so   appointed  by the department shall within ten days following the date of   their appointments and before entering upon  the  performance  of  their   duties,  take  and  subscribe  an  oath of office in the manner and form   prescribed by law, and  shall  file  the  same  in  the  office  of  the   Secretary of State of the state of New York. Each appointee shall notify   the  department  in  writing of the date of filing his oath of office. A   vacancy shall be filled from the appropriate representative class and in   like manner as an original appointment.4. The board shall hold its first meeting not later than  thirty  days   after  the  oaths  of  office  of all members have been so filed for the   purpose of organization and the appointment of its officers.  The  board   shall  select  from  among  its  members  a  chairman, vice chairman and   secretary.5.  The  board  shall  be  known  and  transact  its  affairs  as  the   "...........  Regional  Water  Resources  Planning Board" (insert in the   name of such board a word or words, chosen by the  board  at  its  first   meeting, descriptive of the region of the proposal). 6. The members of the board shall serve without compensation but shall   be  reimbursed  for  their actual and necessary expenses incurred in the   performance of  their  duties.  Vouchers  for  such  expenses  shall  be   prepared  on  forms  provided by the department and shall be approved by   the chairman of the board. Such vouchers shall be submitted in duplicate   to  the department, which shall transmit one copy of each voucher to the   Comptroller of the state of New York for payment and  shall  retain  the   other copy in its files.7. The board shall expire and the terms of office of its members shall   terminate  thirty  days  after  the  department  has finally approved or   disapproved a plan as hereinafter provided in title 11 of this  article.   However,  the department, with the concurrence of the county legislative   body or bodies  of  the  county  or  counties  within  the  region,  may   terminate  the  existence  of  the  board and the terms of office of its   members at any time it deems it in the public interest to do so; and the   department, with the concurrence  of  the  county  legislative  body  or   bodies  of  such  county  or counties, may continue the existence of the   board and the terms of office of its members for a specified  additional   period of time after the department has finally approved a plan, for the   purpose of furthering the objectives of the plan.8. The board shall hold regular meetings monthly, keep a record of all   its proceedings, and determine the rules of its own proceedings.9.  Special  meetings  may  be  called  by  the  chairman upon his own   initiative and must be called by him upon receipt of a  written  request   therefor  signed by at least two members of the board. Written notice of   the time and place of  such  special  meeting  shall  be  given  by  the   secretary to each member at least four days before the date fixed by the   notice for such special meeting.10.  Four  members  of the board shall constitute a quorum to transact   the business of the board at both regular and special meetings.11. The board  shall  request  the  department  within  appropriations   available  to  the  department  therefor,  to  provide  office space and   equipment, and to select  and  employ  or  retain  clerical,  technical,   scientific,  engineering,  legal  and  other  personnel  and services to   assist the board in carrying out its duties and performing its functions   under title 11 of this article.12. The board,  using  the  personnel  so  selected  and  employed  or   retained by the department, shall proceed to investigate, study, examine   and  survey  the  water  resources  of  the  region  of  the proposal to   ascertain the present uses being made  thereof,  and  to  determine  the   feasibility  of  their  future  development  by  proper conservation and   control measures, to provide a greater  supply  for,  and  an  equitable   distribution   among   domestic,  municipal,  agricultural,  commercial,   industrial and recreational users, to the end that the  water  resources   of  the  region  shall not be wasted and shall be conserved and utilized   for the beneficial interests of all the people of the state.  Particular   consideration  shall  be  given to the impounding and retention of flood   waters for their future use and distribution.13. The board may conduct informal hearings and meetings at any  place   or  places  within  the  region  for  the purpose of obtaining necessary   information or other data to assist it in the proper performance of  its   functions  and  duties.  The  board  may  delegate to any member, to the   secretary or to any agent of  the  board  the  power  and  authority  to   conduct  such hearings and meetings, and all reasonable efforts shall be   made to ascertain the views, wishes and opinions of the  inhabitants  of   the region.14. The board and its authorized agents may enter upon any lands as in   its  judgment  may  be  necessary  for the purpose of making surveys and    examinations to accomplish its functions and duties under this  article,   without liability. Liability only for actual damage done during any such   entry, survey and examination is hereby assumed by the state and consent   is  hereby  granted  to any owner of such lands to pursue his remedy for   any such actual damage pursuant to the Court of Claims Act.15.  The  board  shall  cooperate  with  legislative  committees   and   commissions,   and   shall   make   available  to  such  committees  and   commissions, upon request, any records and other data,  and  shall  file   monthly  with  the  department  a report of its activities and progress.   Upon termination of the board's existence, the board shall  deposit  all   records of its proceedings with the department.16.  The  board,  based  upon  its  investigations  and studies, shall   prepare a comprehensive plan or plans for the protection,  conservation,   development  and utilization of the water resources of the region of the   proposal, and shall submit the plan or plans to the department  for  its   approval.