Section 138-A. Canal recreationway commission

1.  There  is  hereby
  established a canal recreationway commission (hereinafter referred to as
  the "commission") consisting of the following members:
    a. the chairman of the authority, the commissioner of  transportation,
  the  commissioner  of  the  office  of  parks,  recreation  and historic
  preservation and the  commissioner  of  environmental  conservation,  or
  their representatives;
    b. ten individuals involved in canal use, development, preservation or
  enhancement   and   local  governments  from  counties  adjacent  to  or
  intersected by the canal system appointed by the governor of whom  three
  shall  be  appointed at the recommendation of the temporary president of
  the senate and three shall be appointed at  the  recommendation  of  the
  speaker  of the assembly. In appointing such members, the governor shall
  ensure  geographic  representation  from  each  of  the  canal  sections
  encompassing  the  canal  system,  including at least one representative
  from counties in which the Erie, Champlain,  Cayuga-Seneca,  and  Oswego
  canals are located. In addition, individuals appointed to the commission
  shall  be  broadly  representative  of  the following areas of interest:
  preservation of the environment, the operation  of  tour  boats  on  the
  canal,  the operation of marinas on the canal, recreational trail users,
  hunting and fishing, tourism promotion agencies as  defined  in  section
  one   hundred  sixty-two  of  the  economic  development  law,  historic
  preservation,  the  commercial  farming  industry  and  the   commercial
  shipping  industry,  provided  that  with  respect  to appointment of an
  individual  representative  of  the  commercial  farming   industry   or
  commercial shipping industry, such an individual may reside outside of a
  county  adjacent  to  or  intersected by the canal system if such person
  holds  an  ownership  interest  or  senior  managerial  position  in   a
  commercial farming firm or commercial shipping firm, respectively, which
  regularly uses the canal system in furtherance of its business; and
    c.  the  commissioner  of  economic  development  and the secretary of
  state, or their representatives, and a member from each of the  regional
  planning  boards,  as established by articles five-G and twelve-B of the
  general municipal law, whose region is intersected by the canal shall be
  ex-officio, non-voting members  of  the  commission  and  shall  provide
  technical expertise and advice to the commission as necessary.
    2.  The  chairperson  of  the  commission shall be the chairman of the
  authority. The members of the commission may elect a secretary and other
  necessary officers to serve for such  a  period  as  the  members  shall
  decide.
    3.  Members of the commission, except commissioners of a state agency,
  chairs  of   public   authorities,   the   secretary   of   state,   and
  representatives  of  regional  planning boards shall serve for a term of
  four years and may be reappointed; however, of those  members  appointed
  initially,  three  such  members,  one  appointed  by  the governor, one
  appointed by the temporary president of the senate and one appointed  by
  the  speaker  of the assembly shall be appointed for terms of two years,
  and three such members, one appointed by the governor, one appointed  by
  the  temporary  president of the senate and one appointed by the speaker
  of the assembly shall be appointed for terms of three years.
    4. Any member, except a member who is a state official,  after  notice
  and  an  opportunity  to  be  heard,  may be removed by the governor for
  neglect of duty or misfeasance in office. Any member,  except  a  member
  who  is a state official, who fails to attend three consecutive meetings
  of the commission, unless excused by  formal  vote  of  the  commission,
  shall be deemed to have vacated his or her position.
    5.  Any  vacancy  in  the commission shall be filled for the unexpired
  term in the same manner as the original appointment.

    6. A majority of the voting members of the commission then in  office,
  at  least  five  of  whom  are  not appointed pursuant to paragraph a of
  subdivision one of this section,  shall  constitute  a  quorum  for  the
  transaction  of any business or the exercise of any power or function of
  the commission. An act, determination or decision of the majority of the
  members  present  and  entitled  to vote during the presence of a quorum
  shall  be  held  to  be  the  act,  determination  or  decision  of  the
  commission.
    7.  The  commission  shall  meet at least quarterly at the call of its
  chairperson. Special meetings may be called by its chairperson and shall
  be called by the chairperson at the request of a majority of the members
  of the commission then in office.
    8. Members of the commission shall not receive compensation for  their
  services  as  members,  but  shall be allowed their actual and necessary
  expenses incurred in the performance of their duties.