2023 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.