§ 1230-e. Water board. 1. A water board, to be known as the "Niagara
Falls public water board", may be created by a special act of the state
legislature as a body corporate and politic, constituting a corporate
municipal instrumentality of the state and having the powers and duties
as provided in this title.

2. The governing body of the water board shall consist of a total of
five members, to be appointed and to serve as follows: one member shall
be appointed by the governor, one member shall be appointed by the
temporary president of the senate at the recommendation of the senator
or senators representing all or a portion of the city, one member shall
be appointed by the speaker of the assembly at the recommendation of the
assembly member or members representing all or a portion of the city,
one member shall be appointed by the mayor, and one member shall be
appointed by the majority vote of the city council. At least three of
the five members shall be residents of the city. When a vacancy occurs
that reduces the number of members who are city residents to less than
three, the appointment to fill that vacancy must be a city resident.
Each member shall attend, in each fiscal year, at least seventy-five
percent of all meetings of the governing body. Failure by any party to
appoint any member shall not invalidate the creation or establishment of
the water board and shall result in the creation of a vacancy on the
governing body of the water board which may be filled at any time by
such party. The member appointed by the governor shall be appointed for
a term ending on December thirty-first of the first year following the
year in which this title shall have become a law; the member appointed
by the temporary president of the senate shall be appointed for a term
ending on December thirty-first of the second year following the year in
which this title shall have become a law; the member appointed by the
speaker of the assembly shall be appointed for a term ending on December
thirty-first of the third year following the year in which this title
shall have become a law; the member appointed by the mayor shall be
appointed for a term ending on December thirty-first of the fourth year
following the year in which this title shall have become a law; and the
member appointed by the city council shall be appointed for a term
ending on December thirty-first of the fifth year following the year in
which this title shall have become a law. Subsequent appointments of
members shall be made for a term of three years ending in each case on
December thirty-first of the last year of such term. No member shall be
a member of the governing body of the authority. All members shall
continue to hold office until their successors are appointed and
qualify. All members shall hold, at a minimum, a bachelor's degree from
an accredited college or university, with a concentration or degree in
one of the following areas of study and at least five years of
professional experience therein, or without such degree, such member
shall have at least ten years of professional experience in one of the
following fields: legal, environmental, financial, management,
engineering, human resources, or science. Vacancies shall be filled in
the manner provided for original appointment. Vacancies, occurring
otherwise than by expiration of term of office, shall be filled by
appointment for the unexpired terms. Members may be removed from office
only for the same reasons and in the same manner as provided by section
twenty-eight hundred twenty-seven of this chapter. Any member fulfilling
the requirement that at least three members be residents of the city
shall forfeit his or her membership on the governing body upon such
member's termination of residence in the city, which forfeiture shall
create a vacancy. The members of the water board shall receive no
compensation for their services but shall be reimbursed for their actual
and necessary expenses incurred in connection with the carrying out of
the purposes of this title; provided, however, that no member shall be
reimbursed for any expense of attending ordinary board meetings or any
other expense exceeding one thousand dollars incurred with respect to
any individual purpose, unless the governing body at a meeting duly
called and held when three members are present shall have authorized
such expenditure by such member. The powers of the water board shall be
vested in and be exercised by the governing body at a meeting duly
called and held where a quorum of three members are present. Any one or
more members of the water board may participate in a meeting of such
water board by means of a conference telephone or similar communications
equipment allowing all persons participating in the meeting to hear or
see and hear each other at the same time. Participation by such means
shall constitute presence in person at a meeting. No action shall be
taken except pursuant to the favorable vote of at least three voting
members. All votes must be made in person at a meeting and no vote may
be made by proxy. The governing body may delegate to one or more of its
members, officers, agents or employees such powers and duties as it may
deem proper.

3. The officers of the water board shall consist of a chairman, a
vice-chairman and a treasurer, who shall be members of the water board,
and a secretary, who need not be a member of the water board. Such
officers shall be appointed by the governing body and shall serve in
such capacities at the pleasure of the governing body. In addition to
the secretary, the governing body may appoint and at pleasure remove
such additional officers and employees as it may determine necessary or
appropriate for the performance of the powers and duties of the water
board, and fix and determine their qualifications, duties and
compensation, subject to the provisions of the civil service law and the
rules of the civil service commission of the city. The governing body
may also from time to time contract for expert professional services.
The treasurer shall execute a bond, conditioned upon the faithful
performance of the duties of his or her office. The amount and
sufficiency of such bond shall be approved by the governing body and the
premium therefor shall be paid by the water board.

4. Notwithstanding any inconsistent provision of any general, special
or local law, ordinance, resolution or charter, no officer, member or
employee of the state, the city, any municipality, or any state agency,
shall be deemed to have forfeited or shall forfeit his or her office or
employment or any benefits provided under the retirement and social
security law by reason of his or her acceptance of appointment as a
member, officer, agent or employee of the water board, nor shall service
as such member, officer, agent or employee be deemed incompatible or in
conflict with such office, membership or employment.

5. (a) The mayor shall file on or before December thirty-first of the
year following the year in which the special act of the state
legislature creating the water board shall have become a law, in the
office of the secretary of state, a certificate signed by the mayor
setting forth: (i) the name of the water board; (ii) the names of the
members appointed by the governor, the temporary president of the
senate, the speaker of the assembly, the mayor, and the city council;
and (iii) the effective date of the special act of the state legislature
creating the water board. If such certificate is not filed with the
secretary of state on or before such date, then the corporate existence
of the water board shall thereupon terminate and it shall thereupon be
deemed to be and shall be dissolved.

(b) The water board and its corporate existence shall continue until
terminated by law, provided, however, that no such law shall take effect
so long as the water board shall have contractual duties or obligations
outstanding unless adequate provision has been made for the satisfaction
thereof. Upon termination of the existence of the water board, all of
the rights, obligations and properties of the water board then remaining
shall pass to and vest to the city, with the consent of the city, if the
water board acquired such property from the city, or to a municipality,
with the consent of such municipality, if the water board acquired such
property from such municipality, unless otherwise provided in an
agreement with the city or municipality and the water board, and except
as otherwise may be specified by law.

6. It is hereby determined and declared that the water board and the
carrying out of its powers and duties are in all respects for the
benefit of the people of the city and the service area and the state for
the improvement of their health, welfare and prosperity and that such
purposes are public purposes and that the water board is and will be
performing an essential governmental function in the exercise of the
powers conferred upon it by this title.

7. The water board shall establish and maintain its principal office
at which it conducts its business in the city. Notwithstanding any
general, special or local law or any charter provision, the city may,
and is hereby authorized to lease to the water board such office space
as the water board determines to be necessary and appropriate for the
needs of the water board, which lease shall be for such consideration
and shall contain such terms and conditions as the water board and the
city shall determine reasonable and appropriate.

8. The purpose of the act of the legislature establishing the water
board shall be, among other things, to provide for the jurisdiction,
control, possession, supervision and use of the system; authorization to
make rules and regulations in furtherance of this title; the enforcement
of this title, the rules, regulations, permits and orders of the water
board in connection with the direct or indirect use of the system
facilities by persons within the city and the service area and any other
persons for whom the water board provides services including, but not
limited to, accepting, treating and disposing of wastewater, industrial
waste, and other waste, from whatever source derived; and to enable the
water board to comply with all applicable laws of the United States and
the state, and the rules, regulations, permits and orders of their
regulatory agencies.