Section 39.05. Niagara river greenway commission  


Latest version.
  • 1.  The Niagara river
      greenway commission is hereby established to be  a  body  corporate  and
      politic  constituting a public benefit corporation. The commission shall
      consist of up to fourteen voting members.  The  governor  shall  appoint
      eight  voting members as follows: four voting members shall be appointed
      by the governor solely in his discretion; two voting  members  shall  be
      appointed following the recommendation of the temporary president of the
      senate;  and  two  voting  members  shall  be  appointed  following  the
      recommendation of the speaker of the assembly. One appointee recommended
      by the temporary president of  the  senate  shall  be  a  local  elected
      official of a municipality adjacent to the Niagara river and shall serve
      as  the  chairperson  of the local government advisory committee created
      pursuant to this article. One appointee recommended by  the  speaker  of
      the  assembly  shall  represent  local  interests and shall serve as the
      chairperson of the citizens' advisory committee created pursuant to this
      article. All appointments shall be residents of a municipality  adjacent
      to  the  Niagara  river.  In addition, six voting members shall serve ex
      officio: the secretary of state, the commissioners of parks,  recreation
      and  historic  preservation, environmental conservation, transportation,
      and economic development, and the chairperson of the power authority  of
      the  state of New York, or their designees. The governor shall designate
      a chairperson for the commission.
        2. The term of office for appointees shall be four years. Members  may
      serve  on the commission until they resign or are replaced. In the event
      of a vacancy occurring other than by the expiration of a member's  term,
      such  vacancy  shall  be filled for the balance of the unexpired term in
      the same manner as the original appointment.
        3. A majority of the members of  the  commission  shall  constitute  a
      quorum.
        4.  The  members  of  the commission shall receive no compensation for
      their services,  but  shall  be  entitled  to  reimbursement  for  their
      expenses  actually  and necessarily incurred in the performance of their
      duties.
        5.  Notwithstanding  any  inconsistent  provisions  of  law,  general,
      special,  or  local,  no  officer  or employee of the state or any civil
      division thereof, shall be deemed to have forfeited or shall forfeit his
      or her office or employment by  reason  of  his  or  her  acceptance  of
      membership on the commission.
        6.  At  the  initial meeting, the commission shall elect officers, who
      shall serve at the pleasure of the commission.
        7. The commission shall meet at least  once  every  two  months  until
      approval of the plan by the commissioner as provided pursuant to section
      39.07 of this article, and at least once every quarter thereafter.
        8.  Every  state  agency and public corporation having jurisdiction of
      land within municipalities adjacent to the Niagara river shall,  to  the
      fullest  extent  practicable,  cooperate  and  assist  the commission in
      carrying out the provisions of this article.
        9. Every local agency with programs relating to the greenway may offer
      assistance to the commission in carrying  out  the  provisions  of  this
      article.