§ 39.05 Niagara river greenway commission. 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.