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This entry was published on 2014-09-22
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Genesee Valley Regional Market Authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 4, TITLE 4
§ 878. Genesee Valley Regional Market Authority. 1. A board to be
known as the "Genesee Valley Regional Market Authority" is hereby
created. Such board shall be a body corporate and politic, constituting
a public benefit corporation.

2. The board shall consist of fifteen members, as follows:

(a) The commissioner of agriculture and markets, or his representative
designated in writing by him, shall be a member ex officio.

(b) The county legislative body of each county shall appoint the
number of members as follows, who shall be residents of the county:
Monroe county, three members; Livingston county, two members; Ontario
county, two members; Wayne county, two members who shall be residents of
that part of Wayne county lying west of the new pre-emption line;
Genesee county, one member; Orleans county, one member; Steuben county,
one member; Wyoming county, one member; and Yates county, one member.

3. One member of the board from each county may be either a producer
or non-producer of agricultural products; other members from each
county, if any, shall be persons engaged in farming and deriving a
greater part of their income therefrom; provided, however, that all
persons appointed as members of the board after May first, nineteen
hundred sixty-one, shall be producers of agricultural products who
actually sell all or part of their produce at regional market facilities
maintained and operated by the Genesee Valley Regional Market Authority.

4. A member of the board shall continue in office during the pleasure
of the body appointing him or her. Any vacancy which may occur by reason
of the death, disqualification, resignation or removal of a member shall
be filled by the body which appointed such member. Each member of the
board shall, before entering upon the duties of office, take the
constitutional oath of office and file the same in the office of the
secretary of state. Any member may be removed by the governor for
inefficiency, neglect of duty or misconduct in office, after a hearing
upon charges and an opportunity to be heard in person or by counsel upon
not less than ten days' notice. The members of the board shall not
receive a salary or other compensation, but shall be paid actual
expenses incurred in attending meetings of the board and executive
committee and in performing committee work assigned to them by the
board, and shall be reimbursed for travel expenses at the per mile rate
allowed state employees for use of personal vehicles. The powers of the
authority shall be vested in and exercised by the board and the
provisions of section forty-one of the general construction law shall
apply; provided that the board may delegate to one or more of its
members or to its officers, agents and employees such powers and duties
as it may deem proper.

5. At the first meeting of the board, the board shall choose from
their number a chairman, vice-chairman, secretary, and treasurer who
shall serve during the pleasure of the board. Before entering upon the
duties of his office the treasurer shall execute to the authority and
file with the secretary of the authority a bond in such sum and with
such sureties as the board shall direct and approve. The board may at
any time require the treasurer to file a new bond for such sum and with
such sureties as the board shall approve. In the event the surety on any
such bond is a surety company authorized to transact business in the
state of New York the expense of procuring such surety, not exceeding
one per centum per annum upon the sum for which the bond is given, shall
be a charge against the authority.

6. In fulfilling the authority's mission, the board shall work
cooperatively and in consultation with the department of agriculture and
markets to assure the proper development of agriculture and regional
market facilities, in the Genesee Valley Regional Market District. The
board and the department of agriculture and markets shall jointly
develop a plan for the future development and viability of agriculture
and regional market facilities in the district. Such plan shall include
both short term and long term goals and objectives as well as actual and
projected revenues and expenditures. Such plan shall annually allocate
no less than seventy-five percent of the authority's available funds for
the creation, development, and enhancement of agriculture and regional
market facilities, in the district. For purposes of this subdivision,
available funds shall mean the net amount available after contractually
obligated expenditures are subtracted from, but not be limited to, cash,
cash equivalents, certificates of deposit, and other receivables
available. The board and department shall meet annually prior to the
close of the authority's fiscal year to evaluate the effectiveness of
the use of funds for that fiscal year, review the goals and objectives
of the plan, and properly prepare for the allocation and use of such
funds for the next fiscal year. The plan shall be updated annually to
make appropriate modifications to such plan for the next fiscal year.
Prior to any such funds being expended, both the board and the
department must approve such plan, its goals and objectives as well as
the projected revenues and proposed allocations.

The Genesee Valley Regional Market Authority shall furnish an annual
real estate report detailing all real estate holdings and detailed
property information, including but not limited to the tenants,
important lease terms, rents, durations of leases, as well as copies of
each lease. Notwithstanding any other provision of law to the contrary,
the Genesee Valley Regional Market Authority shall furnish all required
reports, audits, and reviews, including the annual real estate report,
to all parties enumerated in paragraph (a) of subdivision one of section
twenty-eight hundred of this chapter as well as to the department of
agriculture and markets, within ninety days after the end of its fiscal