Section 1282. New York state environmental facilities corporation

1. The
  "New York state pure  waters  authority"  is  hereby  reconstituted  and
  continued  as the "New York state environmental facilities corporation".
  Reference in any provision of law, general, special or local, or in  any
  rule,  regulation  or  public document to the New York state pure waters
  authority shall be deemed to be and construed  as  a  reference  to  the
  corporation  continued  by this section. The corporation shall be a body
  corporate and politic constituting a  public  benefit  corporation.  Its
  membership  shall  consist  of  seven  directors:  the  commissioner  of
  environmental conservation who  shall  be  chair,  the  commissioner  of
  health,  the  secretary  of  state,  and four directors appointed by the
  governor by and with the advice and consent of the senate. The directors
  appointed by the governor who are not state officers,  shall  serve  for
  terms  of six years each, provided, however, that of the directors first
  appointed, two shall serve for terms of two years, the remaining two for
  terms of four and six  years,  respectively,  from  January  first  next
  succeeding  their  appointment.  The  appointed  members of the New York
  state pure waters authority in office on  the  effective  date  of  this
  title shall be deemed to be directors first appointed in accordance with
  the  foregoing  and  shall  hold office for the balance of the terms for
  which they were severally appointed.  Any  vacancy  occurring  otherwise
  than  by  expiration  of  term shall be filled in the same manner as the
  original appointment for the balance of the unexpired term. The board of
  directors of the corporation shall appoint, by resolution, the president
  of the corporation. The president shall be the chief  executive  officer
  of  the  corporation  and  shall  serve  at the pleasure of the board of
  directors of the corporation.
    2. Each director shall not receive a salary or other compensation, but
  shall be entitled to reimbursement for  actual  and  necessary  expenses
  incurred in the performance of his or her official duties.
    3.  Such  directors  other  than  the  commissioner  of  environmental
  conservation, the commissioner of health and the secretary of state  may
  engage in private employment, or in a profession or business, subject to
  the  limitation  contained in sections seventy-three and seventy-four of
  the public officers law. The corporation  shall,  for  the  purposes  of
  sections seventy-three and seventy-four of the public officers law, be a
  "state   agency,"   and  such  directors  shall  be  "officers"  of  the
  corporation for the purposes of said sections.
    4. Four directors of the corporation shall constitute a quorum for the
  transaction of any  business  or  the  exercise  of  any  power  of  the
  corporation.  For the transaction of any business or the exercise of any
  power of the corporation, the corporation shall have power to act  by  a
  majority of the directors present at any meeting at which a quorum is in
  attendance.   Videoconferencing   may   be   used   for  attendance  and
  participation by the directors. Any director attending and participating
  by the use of videoconferencing in compliance with article seven of  the
  public  officers  law  shall be considered to be present at the meeting.
  The corporation may delegate to one or more of  its  directors,  or  its
  officers,  agents  and  employees, such powers and duties as it may deem
  proper. The commissioner of environmental conservation, the commissioner
  of health and the secretary of state may, by official proxy, filed  with
  and   approved  by  the  corporation,  designate  an  officer  in  their
  respective department, to perform, in their  absence,  their  respective
  duties  under  this  article.  The  term  "director"  as  used  in  this
  subdivision shall include such persons so designated as provided herein.
  The designation of such persons shall be deemed temporary only and shall
  not affect the civil service or retirement  rights  of  any  persons  so
  designated.

    5.  Notwithstanding  any  inconsistent provisions of this or any other
  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 or any  benefits  provided  under
  the  retirement  and  social security law by reason of his acceptance of
  membership on the corporation, provided, however, a director  who  holds
  such  other  public  office  or  employment  shall receive no additional
  compensation for services rendered pursuant to this title, but shall  be
  entitled to reimbursement for his actual and necessary expenses incurred
  in the performance of such services.
    6.  The  governor may remove any director 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 director  shall
  be  so  removed, the governor shall file in the office of the department
  of state a complete statement of charges made against such director, and
  his  findings  thereon,  together  with  a  complete   record   of   the
  proceedings.
    7.  The  corporation  shall continue so long as it shall have bonds or
  other  obligations  outstanding  and  until  its  existence   shall   be
  terminated  by  law.  Upon  the  termination  of  the  existence  of the
  corporation, all its rights and properties shall pass to and  be  vested
  in the state.