Section 4. State soil and water conservation committee  


Latest version.
  • (1) There is
      established in the department of agriculture and markets, the state soil
      and water conservation committee  as  an  agency  of  this  state  which
      committee  shall  exercise  the  functions  conferred  upon  it  in this
      chapter. The administrative  functions  of  such  department  under  the
      agriculture  and  markets  law  shall  not  operate  or  be  applied  in
      derogation of the powers of the  committee,  or  of  the  free  exercise
      thereof,  as  conferred  by  this  chapter. The following shall serve as
      members of the committee: five interested and qualified citizens  to  be
      appointed by the governor, one of whom shall be appointed from a list of
      nominees  submitted  by the state grange, one of whom shall be appointed
      from a list of nominees submitted by the state farm  bureau  federation,
      one  of whom shall be appointed from a list of nominees submitted by the
      New York Soil Conservation Districts  Association,  Inc.,  one  of  whom
      shall  be appointed at large, who shall represent the farm interest, and
      a fifth member  appointed  at  large  who  shall  represent  the  urban,
      suburban  and  rural  non-farm  landowner  interest; the director of the
      state  agricultural  extension  service,  or  his  or   her   designated
      representative;  the  dean  of the state college of agriculture and life
      sciences, or his or her designated representative; the president of  the
      college of environmental science and forestry of the state university of
      New  York,  or his or her designated representative; the commissioner of
      environmental conservation, or his or her designated representative; the
      commissioner of agriculture  and  markets,  or  his  or  her  designated
      representative;  the  commissioner  of  health, or his or her designated
      representative; the secretary of state, or his or her representative;  a
      representative  of  the  New York State Conservation District Employees'
      Association; and the state  conservationist  of  the  soil  conservation
      service   of  the  United  States  department  of  agriculture,  or  his
      designated representative. The five lay  members  shall  be  the  voting
      members.  The  balance  of  the  committee  will serve in an advisory or
      consulting capacity. The committee shall keep a record of  its  official
      actions,  and  may  perform  such  acts,  and  promulgate such rules and
      regulations as may be necessary for the execution of its functions under
      this chapter. After April twenty-third, nineteen hundred sixty-four, the
      first appointment of the member chosen from a list submitted by the  New
      York  soil and water conservation districts association shall be made of
      a successor to the member representing the state grange whose term first
      expires, and the first appointment of the member  representing  non-farm
      interests  shall  be  made of a successor to the member representing the
      New York farm bureau whose term first expires.
        (2) The committee may call upon the attorney-general of the state  for
      such  legal  services  as  it  may  require.  It shall have authority to
      delegate to its chairman, to one or more of its members, or  to  one  or
      more  agents  or employees such powers and duties as it may deem proper.
      Upon request of the committee for the purpose of carrying out any of its
      functions, the supervising officer of any state agency, or of any  state
      institution  of  learning  shall,  insofar  as  may  be  possible  under
      available appropriations, and having due regard  to  the  needs  of  the
      agency  to  which  the  request  is  directed,  assign  or detail to the
      committee  members  of  the  staff  or  personnel  of  such  agency   or
      institution  of  learning,  and  make  such  special reports, surveys or
      studies as the committee may request.
        (3) The committee shall designate its chairman and may  from  time  to
      time  change  such designation. The lay members shall be appointed for a
      period of five years, except that the  first  five  appointed  shall  be
      designated  to  serve  terms  of  one,  two,  three, four and five years
      respectively, the terms of office to correspond to  the  state's  fiscal
    
      year.  Committee  members  shall hold office until their successors have
      been appointed and have qualified. The selection of successors to fill a
      vacancy shall be made in the same manner in which the retiring committee
      members  shall  have  been  selected.  A majority of the committee shall
      constitute a quorum and the concurrence of  a  majority  in  any  matter
      within their duties shall be required for its determination. The members
      shall  not receive a salary or other compensation, but shall be entitled
      to their actual and necessary  expenses,  including  traveling  expenses
      incurred  in  the discharge of their duties. The committee shall provide
      for the keeping of a full and accurate record of all proceedings and  of
      all  resolutions,  regulations,  and orders issued or adopted; and shall
      provide  for  an  annual  audit  of  the  accounts   of   receipts   and
      disbursements.
        (4)  In  addition  to the duties and powers hereinafter conferred upon
      the state soil and water  conservation  committee,  it  shall  have  the
      following duties and powers:
        a.  To adopt such policies in the carrying out of district programs as
      it deems appropriate;
        b. To keep the directors of each of the  several  districts  organized
      under  the  provisions  of  this  act  informed  of  the  activities and
      experience of all other districts organized hereunder, and to facilitate
      an interchange of advice  and  experience  between  such  districts  and
      cooperation between them;
        c.  To  approve  and  coordinate  the programs of the several soil and
      water conservation districts organized hereunder;
        d. To secure the cooperation and assistance of the United  States  and
      any  of its agencies, and of agencies of this state, in the work of such
      districts;
        e. To disseminate information  throughout  the  state  concerning  the
      activities  and  programs  of  the soil and water conservation districts
      organized hereunder, and to encourage the formation of such districts in
      areas where their organization is desirable;
        f. To accept contributions from any source to carry on work under  the
      provisions of this chapter;
        g.   To  develop  and  maintain  principles  and  standards  for,  and
      procedures  for  participating  in,   the   agricultural   environmental
      management   (AEM)   program  in  partnership  with  the  department  of
      environmental conservation, as set forth  in  article  eleven-A  of  the
      agriculture and markets law;
        h.  To  develop  evaluation  criteria,  collect,  maintain and analyze
      information to assess the AEM program for effectiveness in meeting state
      and federal environmental and public health goals;
        i.  To  coordinate  and  approve  the  participation  of  the  several
      districts  in  the  AEM  program as set forth in article eleven-A of the
      agriculture and markets law.