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SECTION 1852
New York state energy research and development authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 9
§ 1852. New York state energy research and development authority. 1.
The authority heretofore known and designated as the "New York state
atomic and space development authority" is hereby continued and shall
hereafter be known and designated as the New York state energy research
and development authority. Reference in any provision of law, general,
special or local, or in any rule, regulation or public document to the
New York state atomic research and development authority or to the New
York state atomic and space development authority shall be deemed to be
and construed as a reference to the authority continued by this section.
The authority shall be a body corporate and politic, constituting a
public benefit corporation.

2. The membership of the authority shall consist of thirteen members,
to be as follows: the commissioner of the department of transportation,
the commissioner of the department of environmental conservation, the
chair of the public service commission, the president and chief
executive officer of the power authority of the State of New York, all
of whom shall serve ex-officio; and nine members appointed by the
governor by and with the advice and consent of the senate; one of whom
shall be an engineer or a research scientist with a degree in the
physical sciences or engineering who has not been employed in the
nuclear fission field for three years preceding the appointment and who
shall not be so employed during his or her term; one of whom shall be an
economist who shall not have received more than one-tenth of his or her
income from an electric utility or gas utility for three years preceding
the appointment and who shall not so derive more than one-tenth of his
or her income during such term; one of whom who shall be a member of a
not-for-profit environmental group; one of whom shall be a member of a
not-for-profit consumer group; one of whom who shall be an officer of a
utility primarily engaged in the distribution of gas; and one of whom
shall be an officer of an electric utility. The governor shall designate
the chair. Of the nine members appointed by the governor, two shall be
appointed for terms expiring April first, nineteen hundred
seventy-eight, two for terms expiring April first, nineteen hundred
eighty, two for terms expiring April first, nineteen hundred eighty-one,
and three for terms expiring April first, nineteen hundred eighty-two.
Persons appointed by the governor for full terms as successors to such
members shall serve for terms of six years each commencing as of April
first. In the event of a vacancy occurring in the office of a member by
death, resignation or otherwise, the governor shall appoint a successor,
by and with the advice and consent of the senate, to serve the balance
of the unexpired term.

3. The chairman shall preside over meetings of the authority and shall
serve as the primary liaison between the members and authority staff. A
vice-chairman may be elected by the authority from among its other
members to serve as such at the pleasure of the authority. The
vice-chairman shall preside over all meetings of the authority in the
absence of the chairman and shall have such other duties as the
authority may prescribe. The president shall be the chief executive
officer of the authority and shall be primarily responsible for the
discharge of the executive and administrative functions of the
authority.

4. The members shall serve without compensation for their services as
members, but they shall be entitled to reimbursement for their actual
and necessary expenses incurred in the performance of their official
duties.

5. Any member (except the chairman), the commissioner of the
department of environmental conservation and the chairman of the public
service commission may engage in private employment, or in a profession
or business, subject to the limitations contained in sections
seventy-three and seventy-four of the public officers law; provided
however, that notwithstanding any other provision of law, the members of
the authority who are officers of an electric utility or a utility
primarily engaged in the distribution of gas shall not be prohibited
from participating and voting on any bond issue of the authority
relating to air and water pollution facilities for any utility other
than for the utilities of which such members are officers respectively.
The authority shall, for the purposes of such sections, be a "state
agency" and all members, including the chairman, shall be "officers" of
the agency for the purposes of said sections.

6. Notwithstanding any inconsistent provisions of 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 by reason of his acceptance of membership on the
authority; provided, however, a member who holds such other public
office or employment shall receive no additional compensation or
allowance for services rendered pursuant to this article, but shall be
entitled to reimbursement for his actual and necessary expenses incurred
in the performance of such services.

7. The governor may remove any member 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 member shall be
so removed, the governor shall file in the office of the department of
state a complete statement of charges made against such member, and his
findings thereon, together with a complete record of the proceedings.

8. A majority, but no fewer than five, of the members of the authority
then in office shall constitute a quorum for the transaction of any
business or the exercise of any power of the authority.

9. The authority may appoint such persons to serve as officers, agents
or employees of the authority as it may deem advisable and may prescribe
their duties and fix their compensation, subject to the civil service
law and the rules and regulations of the civil service commission of the
state.

10. The authority may appoint one or more advisory committees
consisting of not more than seven members each to consider and advise
the authority upon all matters submitted to them by the authority and to
recommend to the authority such changes in the administration of this
title and the operations of the authority as the advisory committee may
deem desirable. Members of advisory committees shall serve without
salary for such terms, not to exceed four years, as the authority may
determine, and shall be entitled to reimbursement for their actual and
necessary travel expenses incurred in the performance of their official
duties.