S T A T E O F N E W Y O R K
________________________________________________________________________
8824
2017-2018 Regular Sessions
I N A S S E M B L Y
December 22, 2017
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to the elections
of trustees to the Long Island Power Authority
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1020-d of the public authorities law, as amended by
section 4 of part A of chapter 173 of the laws of 2013, is amended to
read as follows:
§ 1020-d. Board of trustees. 1. Starting on January first, two thou-
sand fourteen, the board of the authority shall be constituted and
consist of nine trustees all of whom shall be residents of the service
area, five of whom shall be appointed by the governor, one of whom the
governor shall designate as chair, and serve at his or her pleasure, two
of whom shall be appointed by the temporary president of the senate, and
two of whom shall be appointed by the speaker of the assembly. One of
the governor's appointees shall serve an initial term of two years; one
of the governor's appointees shall serve an initial term of three years;
and three of the governor's appointees shall serve an initial term of
four years. One of the appointees of the temporary president of the
senate and one of the appointees of the speaker of the assembly shall
serve initial terms of two years; and one appointee of the temporary
president of the senate and one appointee of the speaker of the assembly
shall serve initial terms of three years. Thereafter, all terms shall be
for a period of four years. In the event of a vacancy occurring in the
office of trustee by death, resignation or otherwise, the respective
appointing officer shall appoint a successor who shall hold office for
the unexpired portion of the term.
1-A. (A) BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-TWO, SUCH
AUTHORITY SHALL CONSIST OF NINE TRUSTEES. ONE TRUSTEE, WHO SHALL BE THE
CHAIRPERSON, SHALL BE A RESIDENT OF THE SERVICE AREA, SHALL BE APPOINTED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13824-02-7
A. 8824 2
BY THE GOVERNOR, AND SHALL SERVE AT THE GOVERNOR'S PLEASURE. EIGHT TRUS-
TEES SHALL BE ELECTED FROM DISTRICTS ESTABLISHED BY THE LEGISLATURE.
EACH ELECTED TRUSTEE SHALL BE A RESIDENT OF THE DISTRICT FROM WHICH HE
OR SHE IS ELECTED. NO PERSON WHO IS AN ELECTED OR APPOINTED OFFICIAL OF
THE STATE OR ANY MUNICIPALITY OR ANY AGENCY OR INSTRUMENTALITY THEREOF,
SHALL BE QUALIFIED TO SERVE AS AN ELECTED TRUSTEE. EACH ELECTED TRUSTEE
SHALL HOLD OFFICE UNTIL HIS OR HER SUCCESSOR HAS BEEN ELECTED AND QUALI-
FIED. IN THE EVENT OF A VACANCY OCCURRING IN THE OFFICE OF A TRUSTEE BY
DEATH, RESIGNATION OR OTHERWISE, A SUCCESSOR SHALL BE CHOSEN TO HOLD
OFFICE FOR THE UNEXPIRED TERM IN THE MANNER PRESCRIBED BY THE ELECTION
LAW.
(B) PRIOR TO MAY FIRST, TWO THOUSAND TWENTY-ONE, THE LEGISLATURE SHALL
ESTABLISH EIGHT DISTRICTS, WHICH SHALL BE EQUAL IN POPULATION AS DETER-
MINED BY THE LAST FEDERAL DECENNIAL CENSUS. PRIOR TO MAY FIRST, TWO
THOUSAND TWENTY-FIVE AND EACH TENTH YEAR THEREAFTER, THE LEGISLATURE
SHALL REAPPORTION THE EIGHT DISTRICTS, WHICH SHALL BE EQUAL IN POPU-
LATION AS DETERMINED BY THE LAST FEDERAL DECENNIAL CENSUS.
(C) SUCH TRUSTEES SHALL BE ELECTED IN ELECTIONS CONDUCTED BY THE
BOARDS OF ELECTIONS PURSUANT TO APPLICABLE PROVISIONS OF THE ELECTION
LAW. THE FIRST SUCH ELECTION SHALL BE HELD ON THE FIRST TUESDAY IN
DECEMBER TWO THOUSAND TWENTY-ONE, AND THE TRUSTEES SO ELECTED SHALL TAKE
OFFICE ON JANUARY FIRST, TWO THOUSAND TWENTY-TWO. AT SUCH ELECTION ALL
EIGHT TRUSTEES SHALL BE ELECTED FOR A TERM OF TWO YEARS. EACH SUCH TERM
ENDING ON DECEMBER THIRTY-FIRST OF THE LAST YEAR THEREOF. NO POLITICAL
PARTY SHALL BE ENTITLED TO NOMINATE CANDIDATES FOR THE OFFICE OF TRUSTEE
AT ANY SUCH ELECTION.
(D) FIVE TRUSTEES SHALL CONSTITUTE A QUORUM FOR THE PURPOSE OF ORGAN-
IZING THE AUTHORITY AND CONDUCTING THE BUSINESS THEREOF. THE VOTE OF A
MAJORITY OF THE TRUSTEES SHALL BE REQUIRED FOR THE PURPOSE OF TAKING
ACTION.
2. No trustee shall receive a salary, but each shall be entitled to
reimbursement for reasonable expenses in the performance of duties
assigned hereunder.
3. [Notwithstanding the provisions of any other law, no trustee, offi-
cer or employee of the state, any state agency or municipality appointed
a trustee shall be deemed to have forfeited or shall forfeit his or her
office or employment by reason of his or her acceptance of a trusteeship
on the authority, his or her service thereon or his or her employment
therewith.
4.] All trustees appointed under this section shall have relevant
utility, corporate board or financial experience. BEGINNING JANUARY
FIRST, TWO THOUSAND TWENTY-TWO ONLY THE CHAIRPERSON APPOINTED BY THE
GOVERNOR SHALL BE SUBJECT TO THIS SUBDIVISION.
§ 2. This act shall take effect immediately.