§ 1232-c. Nassau county sewer and storm water finance authority. 1. A
public benefit corporation, to be known as the "Nassau county sewer and
storm water finance authority" is hereby created for the public
purposes, charged with the duties and having the powers provided in this
title. The authority shall be a "covered organization", as such term is
defined pursuant to the Nassau county interim finance authority act in
subdivision ten of section thirty-six hundred fifty-one of this chapter,
and shall maintain itself as a publicly rated investment grade entity.
The authority shall be a body corporate and politic constituting a
public benefit corporation, the objects of which in the judgment of the
legislature cannot be attained under general laws. The authority's
governing body shall consist of seven members who shall be residents of
the county, and be appointed by the county executive and confirmed by
the county legislature; one upon the recommendation of the county
comptroller, two upon recommendation of the presiding officer of the
county legislature and two upon recommendation of the minority leader of
the county legislature. No more than four members shall be members of
the same political party. The first members appointed by the county
executive shall be appointed for the following terms of office: two for
a term ending on December thirty-first, two thousand five, three for a
term ending on December thirty-first, two thousand six and two for a
term ending on December thirty-first, two thousand seven. Subsequent
appointments of members shall be made for a term of three 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 qualify, provided that any member who is a county employee
shall cease to hold office upon termination of his or her status as a
county employee. Vacancies shall be filled in the same manner provided
for original appointment. Vacancies, occurring otherwise than by
expiration of term of office, shall be filled by appointment for the
unexpired terms. The governing body shall appoint a chairperson, a vice
chairperson and a treasurer from their own members and a secretary who
need not be a member. 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, a member may be removed from
office for inefficiency, neglect of duty or misconduct in office, after
the governing body has given such member a copy of the charges against
him or her and opportunity to be heard in person or by counsel in his or
her 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, in the case of the chairperson of the authority, by the
chairperson of the county legislature, the office may be deemed vacant
for purposes of nomination and appointment of a successor. Members shall
serve without compensation, but each member shall be entitled to
reimbursement of their actual and necessary expenses, including travel
expenses, incurred in the discharge of their duties, provided that the
aggregate of such reimbursement allowance to any one member of the
authority in any one fiscal year of the authority shall not exceed the
sum of five thousand dollars; provided, however, that the authority
shall adopt by-laws regarding the approval of such reimbursement of
their actual and necessary expenses that specifically include a
procedure for prior approval of such expenses by a majority vote of the
authority.

2. The powers of the authority shall be vested in and be exercised by
the governing body at a meeting duly called and held where a quorum of
four members is present. No action shall be taken except pursuant to the
favorable vote of at least four members; provided, however, that no
action shall be taken approving borrowing and contracts in an amount
exceeding fifty thousand dollars, except by favorable vote of five
members of the governing body. The governing body may delegate to one or
more of its members or officers such powers and duties as it may deem
proper.

3. The officers of the authority, consisting of the chairperson, the
vice chairperson, the treasurer and the secretary shall serve in such
capacities at the pleasure of the governing body without compensation,
but each such officer shall be reimbursed for actual and necessary
expenses incurred in the performance of such officer's official duties
as officers of the authority. The governing body may also from time to
time contract for expert professional services. The treasurer shall
execute a bond, conditioned upon the faithful performance of the duties
of his or her office, the amount and sufficiency of which shall be
approved by the governing body and the premium therefore shall be paid
by the authority.

4. Notwithstanding any inconsistent provision of any general, special
or local law, ordinance, resolution or charter, no officer, member or
employee of the state, any municipality or any public benefit
corporation shall forfeit his or her office or employment by reason of
his or her acceptance of appointment as a member or officer of the
authority, nor shall service as such member or officer be deemed
incompatible or in conflict with such office, membership or employment,
provided, that such officer serves in an unpaid capacity.

5. The authority shall hire no employees.

6. (a) The county executive shall file on or before March thirty-first
of the year following the year in which this title shall have become a
law, in the office of the secretary of state, a certificate signed by
the county executive setting forth: (1) the name of the authority; (2)
the names of the members appointed by the county executive and their
terms of office; and (3) the effective date of this title. If such
certificate is not filed with the secretary of state on or before such
date, then the corporate existence of the authority shall thereupon
terminate, and it shall thereupon be deemed to be and shall be
dissolved.

(b) Except as provided in paragraph (a) of this subdivision, the
authority and its corporate existence shall continue until terminated by
law; provided, however, that no such law shall take effect so long as
the authority shall have bonds or other obligations outstanding unless
adequate provision has been made for the payment or satisfaction
thereof. Upon termination of the existence of the authority, all of the
rights, properties, responsibilities and liabilities of the authority
then remaining shall pass to and vest in the county.

7. Nothing herein shall be construed to exempt the authority from the
requirements set forth in the environmental conservation law and the
regulations promulgated thereunder implementing the provisions of the
state environmental quality review act.

8. It is hereby determined and declared that the authority and the
carrying out of its powers and duties are in all respects for the
benefit of the people of the county and the state for the improvement of
their health, welfare and prosperity, and that such purposes are public
purposes and that the authority is and will be performing an essential
governmental function in the exercise of the powers conferred upon it by
this title.

9. Nothing in this title shall be construed to obligate the state in
any way in connection with the operations or obligations of the
authority.