§ 27-1319. State superfund management board.

1. a. There is hereby created within the department the "state
superfund management board" hereinafter referred to as the board. Such
board shall consist of fourteen members, including the commissioners of
environmental conservation and health, or their designees, and twelve at
large members appointed by the governor, two of whom shall be appointed
upon recommendation of the temporary president of the senate and two of
whom shall be appointed upon recommendation of the speaker of the
assembly, one of whom shall be appointed upon recommendation of the
minority leader of the senate and one of whom shall be appointed upon
recommendation of the minority leader of the assembly, and, of the
remaining six, two shall live within a municipality within which exists
an inactive hazardous waste site, or sites, as listed pursuant to
section 27-1305 of this title, and have been involved in a citizen's
organization that has a purpose relating to the site or sites within
that municipality, two shall be representatives of organizations whose
prime function is the protection of natural resources and enhancement of
the environmental quality of the state and two shall be representatives
of industries that generate hazardous waste in the state. None of the
members appointed by the governor shall be officers or employees of any
state department or agency and each shall be, by professional training
or experience and attainment, qualified to analyze and interpret matters
pertaining to hazardous waste management and the remediation of inactive
hazardous waste disposal sites.

b. No at large member of the board may appoint a designee to
temporarily or permanently assume his place on the board.

2. a. The commissioner of environmental conservation shall serve as
chairman of the board and the board shall elect a vice chairman from
among the appointed members to preside in the absence of the chairman.

b. Of the twelve at large members appointed by the governor, each
shall be reaffirmed or reappointed on January thirty-first, nineteen
hundred ninety-one and every two years thereafter and each shall hold
office until such time as the board shall cease to exist or until he
shall resign or be removed in the manner provided by law. Any vacancy on
the board shall be filled by appointment pursuant to subdivision one of
this section for the unexpired balance of the term.

3. The members of the board shall serve without compensation for their
services as members of the board, except that each of them shall be
allowed the necessary and actual expenses which he shall incur in the
performance of his duties under this section.

4. The board shall have the power, duty and responsibility to:

a. Serve as a working forum for the exchange of views, concerns,
ideas, information and recommendations relating to hazardous waste
management and the remediation of inactive hazardous waste disposal
sites.

b. Request and receive from the department at each meeting of the
board any portions of the plan or any revisions, amendments or changes
available for review, and any supporting documents or other pertinent
data. All information requested by or provided to the board shall also
be provided to the temporary president of the senate, the speaker of the
assembly, and the chairman of the senate and assembly environmental
conservation committees.

c. Compel the attendance at each meeting of the board of such
personnel of the department, or of other appropriate state departments
or agencies, as may reasonably be expected to supply any pertinent data
the board may request.

d. Monitor and review the implementation of the inactive hazardous
waste site remediation program and the policies, program objectives,
methods, and strategies outlined in the plan, the annual implementation
status report, any plan update, the registry, and the quarterly site
status reports by the department, as well as information which the board
may acquire from other sources.

e. Review the hazardous waste site remediation remaining to be
completed under the state inactive hazardous waste remedial plan as
updated, the estimate of the costs which would be incurred in the
completion of this remediation, the schedule under which the costs will
be incurred, the revenues and resources expected to be available to meet
these costs.

f. Review and evaluate the municipal cost sharing program established
pursuant to paragraph g of subdivision five of section 27-1313 of this
title and review the appropriate state and industry contribution to the
inactive hazardous waste site remedial program.

g. Based upon its monitoring, reviewing and other information
available to it, the board shall report to the governor and to the
legislature on or before January first of each year its assessment of
the implementation of the remediation program, together with its
comments, suggestions, and recommendations regarding the program, its
implementation, available funding and resources, and the need for steps
to assure the future availability of funding.

5. a. The board shall:

1. Meet at least quarterly;

2. Keep a record of all its proceedings and provide such record to the
public upon request; and

3. Determine the rules of its own procedures.

b. Seven members of the board shall constitute a quorum for the
transaction of any business of the board.

6. Staff services, including recording of board proceedings, shall be
performed by personnel of the department, or such state departments or
other agencies as the chairman deems appropriate or desirable.

7. For the purposes of this section, the at large members of the board
shall be considered officers or employees of public entities and shall
be afforded such defense and indemnification provided pursuant to
section eighteen of the public officers law.

8. The board shall cease to exist on the thirty-first day of March,
nineteen hundred ninety-nine.