Relates to the membership of the Saratoga county water authority.
Ayes (57): Addabbo, Avella, Bonacic, Breslin, Carlucci, DeFrancisco, Dilan, Espaillat, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Nays (1): Ball
Excused (3): Boyle, Diaz, Libous
TITLE OF BILL: An act to amend the public authorities law, in relation to the membership of the Saratoga county water authority
PURPOSE: To set forth the manner in which the board members are appointed to govern the authority as well as the composition of members that serve on the board.
SUMMARY OF PROVISIONS:
Section one amends subdivision 1 of section 1199-ddd of the public authorities law. It provides for three members of the board to be residents of its servicing municipalities of which one may also be one of the four elected officials already required by such law contract. This legislation will allow the composition of the board to change so that each municipality need not be represented on the board. This will allow more municipalities to join the authority without having to change the number of board members.
EXISTING LAW: Currently, the bylaws of the authority mandates that each municipality that is a customer of the authority, must be represented by a board member. There are currently seven members serving on the board.
JUSTIFICATION: Saratoga County is one of the fastest growing counties in the state not only in terms of population but as a recognized center for high technology research and manufacturing. To that end, there is an increasing demand by municipalities for water to enable them to continue to meet the demands of a growing economy. This legislation will allow the composition of the board to change so that each municipality need not be represented on the board. This will allow more municipalities to join the authority without having to change the number of board members which is presently set at seven.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: No budget impact.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ S. 6934 A. 9234 S E N A T E - A S S E M B L Y April 2, 2014 ___________IN SENATE -- Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when printed to be committed to the Committee on Corpo- rations, Authorities and Commissions IN ASSEMBLY -- Introduced by M. of A. McDONALD -- read once and referred to the Committee on Corporations, Authorities and Commissions AN ACT to amend the public authorities law, in relation to the member- ship of the Saratoga county water authority THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 1199-ddd of the public authorities law, as amended by chapter 184 of the laws of 1995, is amended to read as follows: 1. A public corporation known as the "Saratoga county water authority" is hereby created for the public purposes and charged with the duties and having the powers provided in this title. The authority shall be a corporate governmental agency constituting a public benefit corporation and shall be a "public district" for the purposes of section eighty- nine-l of the public service law. The authority shall be governed by a board consisting of seven members, who shall be residents of the county and be appointed by the chairman of the board of supervisors and confirmed by the board of supervisors. At least four members shall be elected officials. The first members appointed shall be appointed for the following terms: four for a term ending on December thirty-first, nineteen hundred ninety-six; three for a term ending on December thir- ty-first, nineteen hundred ninety-seven. Subsequent appointment of members shall be made in the same manner, except that at least
[one member]THREE MEMBERS shall be [a resident]RESIDENTS of [each munici- pality]MUNICIPALITIES with which the authority has service or distrib- ution contracts, WHICH MEMBERS MAY BE ONE OR MORE OF THE AFOREMENTIONED ELECTED OFFICIALS, and for terms of two years ending in each case on December thirty-first of the last year of such term. All members shall continue to hold office until their successors are appointed and have qualified. Vacancies shall be filled in the manner provided forEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14423-04-4 S. 6934 2 A. 9234
original appointment. Vacancies occurring otherwise than by expiration of terms of office, shall be filled by appointment for the unexpired terms. Members may be removed from office for the same reasons and in the same manner as may be provided by law for the removal of officers of the county. In addition, members may be removed from office by the board of supervisors for inefficiency, neglect of duty or misconduct in office, after the board of supervisors has given such member a copy of the charges against him and opportunity to be heard in person or by counsel in his defense, upon not less than ten days notice. If a member fails to attend three consecutive regular meetings of the authority, unless such absence is for good cause and is excused by the chairperson of the authority or other presiding officer, or in the case of the chairperson of the authority, by the chairperson of the board of super- visors, the office may be deemed vacant for the purposes of the nomi- nation and appointment of a successor. The members of the authority shall receive no salary from the authority. Members and officers shall be entitled to reimbursement of their actual and necessary expenses including travel expenses, incurred in the discharge of their duties. S 2. This act shall take effect immediately.