Section 239-H. Regional planning councils

1.  Legislative findings and
  intent.  The legislature hereby finds and determines that:
    (a) Significant decisions and  actions  affecting  the  immediate  and
  long-range  protection, enhancement, growth and development of the state
  and its communities are made by regional planning councils.
    (b) Regional planning councils  serve  as  an  increasingly  important
  resource   to  the  state  and  its  localities,  helping  to  establish
  productive linkages between  communities  as  well  as  with  state  and
  federal agencies.
    (c)  Through  comprehensive  planning  and  special  studies, regional
  planning councils provide focus on opportunities and issues best handled
  on a broad geographic scale.
    (d) The development  of  a  regional  comprehensive  plan  can  foster
  cooperation   among   governmental   agencies   in   the   planning  and
  implementation of capital projects.  Similarly,  regional  comprehensive
  plans  can promote intermunicipal cooperation in the provision of public
  services.
    (e)  Citizen  participation   is   essential   to   the   design   and
  implementation of a regional comprehensive plan.
    (f)  The great diversity of resources and conditions that exist within
  and among regions requires consideration of  such  factors  by  regional
  planning councils.
    (g)  It  is  the  intent  of  the  legislature therefore, to provide a
  permissive  and  flexible  framework  within  which  regional   planning
  councils can perform their powers and duties.
    2.  Definitions.  For  the  purposes  of  this section and section two
  hundred thirty-nine-i of this article the term "municipality" shall mean
  any city, town, village or county.
    3. Establishment of  regional  planning  council.  (a)  Creation.  Any
  municipal  legislative body may collaborate with the legislative body of
  a contiguous municipal legislative body to create  a  regional  planning
  council under this article. The legislative bodies of the municipalities
  participating in the regional planning council shall adopt by resolution
  an   agreement   setting   forth   the  terms  and  conditions  of  such
  collaboration. The regional planning  council  shall  be  considered  an
  agency  of  a  political  subdivision  or  municipality  for purposes of
  sections one hundred three, one hundred four  and  article  eighteen  of
  this chapter and articles six and seven of the public officers law.
    (b)  Membership.  Membership  and  officers  on  such council shall be
  selected in a manner to be determined by the  collaborating  legislative
  bodies.  In  making  such  appointments,  the  collaborating legislative
  bodies shall include members from a broad  cross  section  of  interests
  within  the  region.  Consideration  should  also  be  given to securing
  representation by population  size,  geographic  location  and  type  of
  municipality.  The  terms  of  membership  as  well  as  the  filling of
  vacancies on such council  shall  be  determined  by  the  collaborating
  legislative  bodies.  The  collaborating  legislative  bodies  may  also
  jointly  provide  for  the  appointment  of  individuals  to  serve   as
  ex-officio  members  of  the  regional planning council. Said ex-officio
  members or their designees may participate in the deliberations  of  the
  council, but shall not have voting privileges.
    (c)  Membership  of elected or appointed officials. No person shall be
  precluded from serving as a member of a  regional  planning  council  as
  appointed by a collaborating municipal legislative body pursuant to this
  section, because such member is an elected or appointed official of such
  municipality.  A  member  of  a  regional  planning council shall excuse
  himself or herself from any deliberation or vote relating to a matter or
  proposal before such regional planning council which is or has been  the

  subject of a proposal, application or vote before the municipal board of
  which he or she is a member.
    (d)   Training   and   attendance  requirements.  As  a  condition  of
  appointment  to  the  regional  planning  council,   the   collaborating
  legislative  bodies  may  establish  training,  continuing education and
  meeting attendance requirements for such members.
    (e) Member  reimbursement.  The  members  of  such  regional  planning
  council  shall  receive  no salary or compensation for their services as
  members of such council, but may be reimbursed  for  authorized,  actual
  and necessary travel and expenditures.
    (f)  Removal  of  members.  The legislative body of each collaborating
  municipality may remove any regional planning council member which  said
  municipal  legislative  body  has appointed for cause and may provide by
  resolution for removal of any such regional planning council member  for
  non-compliance  with minimum requirements relating to meeting attendance
  and training as established by the collaborating legislative  bodies  by
  resolution.
    (g)  By-laws.  The  regional  planning  council  shall  adopt  by-laws
  governing its operation which shall be  approved  by  the  collaborating
  legislative   bodies  and  shall  keep  a  record  of  its  resolutions,
  transactions, findings and  determinations,  which  record  shall  be  a
  public record.
    (h)  Appropriation; expenses. Collaborating legislative bodies may, in
  their discretion, appropriate and  raise  by  taxation,  money  for  the
  expenses  of  the  regional  planning  council; such bodies shall not be
  charged with any expense  incurred  by  the  regional  planning  council
  except  pursuant  to  such  appropriation.  The legislative body of each
  collaborating municipality is authorized to provide for the  payment  of
  the  moneys  so  appropriated  for  the  expenses  of such council to an
  officer of the council designated in the council by-laws to receive such
  moneys, provided that before any  such  money  shall  be  paid  to  such
  officer,  such  officer  shall  have  executed  an  official undertaking
  conditioned for  the  faithful  performance  of  duties  in  the  manner
  provided  in  section  four hundred three of the county law and provided
  that such undertaking shall have been approved by the  legislative  body
  of each municipality. The regional planning council shall have the power
  and  authority to employ staff, consultants and other experts and to pay
  for their services, and to provide for such other  expenses  as  may  be
  necessary and proper.
    (i)  Authority  to  receive  and  expend  funds. In furtherance of the
  purposes of this section, the regional planning council may receive  and
  expend  public and private funds and grants from non-public foundations,
  agencies, corporations, and private  entities  and  may  apply  for  and
  accept  grants  from  the federal government or the state government and
  enter into contracts for and agree to accept such grants,  donations  or
  subsidies in accordance with such reasonable conditions and requirements
  as may be imposed thereon.
    4.  Regional  planning  council  powers  and  duties. (a) The regional
  planning council shall have such of the following  powers  as  shall  be
  provided in the agreement among the collaborating municipalites:
    (i)  conduct  surveys,  studies  and  research  programs which address
  regional needs and improve community services;
    (ii) distribute information resulting from such surveys,  studies  and
  programs;
    (iii) prepare a regional comprehensive plan and any amendments thereto
  pursuant to section two hundred thirty-nine-i of this article;
    (iv)  consult  and  cooperate  with  appropriate  state, municipal and
  public or private agencies in matters affecting the  region,  including,

  but not limited to the general protection, enhancement, quality of life,
  growth and development of the region;
    (v)  assist  with  transportation  planning in areas of the region not
  served  by  metropolitan  planning  organizations  created  pursuant  to
  section fifteen-a of the transportation law; and
    (vi) conduct reviews of certain classes of planning and zoning actions
  by   a   city,   town  or  village  pursuant  to  sections  two  hundred
  thirty-nine-l and two hundred thirty-nine-m of this article, and  review
  certain  subdivision plats pursuant to section two hundred thirty-nine-n
  of this article.
    (b) A regional  planning  council  shall  not  undertake  any  capital
  construction   project,   including  but  not  limited  to  the  design,
  acquisition, construction, improvement, reconstruction or rehabilitation
  of any capital  asset,  whether  in  the  nature  of  real  or  personal
  property.
    5.  Annual  report  and  audit.  Every regional planning council shall
  submit an annual report to the collaborating legislative bodies  and  to
  the department of audit and control which report shall include a summary
  of  council  activities,  including  planning and technical services and
  grant and loan programs, a  summary  of  the  financial  status  of  the
  council,  including  the annual budget as well as any federal, state and
  local funding and private sector financial assistance, and a summary  of
  planned  future  activities  as  well as topics that are required in the
  by-laws of  the  regional  planning  council.  Every  regional  planning
  council shall engage a certified public accountant to complete an annual
  financial  audit  and  audit  of  the  internal control structure of the
  regional planning council, a copy of which  shall  be  included  in  the
  annual report.
    6.  Voting  requirements.  Every  motion  or  resolution of a regional
  planning council shall require for its adoption the affirmative vote  of
  a majority of all the members of the regional planning council.