* § 891-a. Erie county industrial development agency. 1. For the
benefit of the county of Erie and the inhabitants thereof, an industrial
development agency, to be known as the ERIE COUNTY INDUSTRIAL
DEVELOPMENT AGENCY, is hereby established for the accomplishment of any
or all of the purposes specified in title one of article eighteen-A of
this chapter. It shall constitute a body corporate and politic, and be
perpetual in duration. It shall have the powers and duties now or
hereafter conferred by title one of article eighteen-A of this chapter
upon industrial development agencies. It shall be organized in a manner
prescribed by and be subject to the provisions of title one of article
eighteen-A of this chapter, except that its members shall consist of the
Erie county executive, the mayor of the city of Buffalo, the supervisor
of the town of Tonawanda, the supervisor of the town of Cheektowaga, the
supervisor of the town of Amherst, the chairman of the board of the
Buffalo and Erie county private industry council incorporated, the
chairman of the board of the greater Buffalo chamber of commerce, the
management co-chairman of the Buffalo and Erie county labor management
council, the president of the Buffalo AFL-CIO council, the president of
the Buffalo Branch of the National Association for the Advancement of
Colored People, the chairman of the economic development committee of
the Erie county legislature, the president of the Buffalo common
council, the chairman of the Niagara frontier transportation authority,
the chairman of the board of the greater Buffalo development foundation
incorporated, the president of the Erie county association of school
boards, five members representing the business, labor and minority
communities of Erie county appointed jointly by the county executive of
Erie county and the chairman of the legislature of Erie county upon
consultation with the hereinbefore mentioned members, and the members of
the United States House of Representatives representing all or part of
Erie county as ex officio, non-voting members. If the chairman of the
board of the Buffalo and Erie county private industry council
incorporated, greater Buffalo chamber of commerce or greater Buffalo
development foundation incorporated, or the management co-chairman of
the Buffalo and Erie county labor management council or the president of
the Buffalo AFL-CIO council or the president of the Buffalo Branch of
the National Association for the Advancement of Colored People or the
chairman of the Niagara frontier transportation authority or the
president of the Erie county association of school boards shall be
unable to serve as a member of the agency by reason of a prohibited
conflict of interest, then another officer or director designated by
such organization shall serve in his or her place. The non-voting
members shall not be considered for the purpose of quorum requirements.
The first chairman of the agency and each subsequent chairman shall be
elected by a majority vote of its members and such chairman shall be a
person other than the holder of an elective public office. The agency,
its members, officers and employees, and its operations and activities
shall in all respects, except as provided specifically herein, be
governed by the provisions of title one of article eighteen-A of this
chapter. Notwithstanding any provision of law to the contrary, any
member of the agency who is a director, officer or employee of a
corporation which is a party to a proposed contract with the agency
shall disclose his or her relation to the corporation in writing to the
agency and shall abstain from voting and discussion in respect to such
contract; and such contract shall not be prohibited by reason of his
position as director, officer or employee of the corporation if he or
she shall have made such disclosure and abstained from such voting and
discussion, and if his or her remuneration will not be directly affected
as a result of such contract and his or her duties as director, officer
or employee of such corporation do not directly involve the procurement,
preparation or performance of any part of such contract.

2. In addition to the powers and duties now or hereafter conferred by
title one of article eighteen-A of this chapter, the agency shall have
the power (i) to acquire, construct, own, maintain, and lease or sell to
a railroad or private business corporation any interest in railroads
operated within Erie county, including easements or rights of way,
necessary switching apparatus, track, and other equipment necessary or
convenient to the operation of such railroad, which will be used in
conjunction with industrial, manufacturing, commercial or warehousing
operations, (ii) to finance such facilities through the issuance of its
bonds and notes, when in the judgment of the agency, such facilities
will serve to promote, develop, encourage and assist in the acquiring,
constructing, reconstructing, improving, maintaining, equipping and
furnishing of industrial, manufacturing, warehousing, commercial, and
research facilities including industrial pollution control facilities
and thereby advance the job opportunities, health, general prosperity
and economic welfare of the people of this state and improve their
prosperity and standard of living and (iii) to exercise all other
corporate powers necessary or convenient to acquisition, construction,
ownership, maintenance and lease or sale of any interest in railroads
operated within Erie county which will serve to promote, develop,
encourage and assist in acquiring, constructing, reconstructing,
improving, maintaining, equipping and furnishing of industrial,
manufacturing, warehousing, commercial and research facilities including
industrial pollution control facilities.

* NB Agency expires per §§ 856 and 882