2023 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; and
e. 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.