§ 1282. New York state environmental facilities corporation. 1. The
"New York state pure waters authority" is hereby reconstituted and
continued as the "New York state environmental facilities corporation".
Reference in any provision of law, general, special or local, or in any
rule, regulation or public document to the New York state pure waters
authority shall be deemed to be and construed as a reference to the
corporation continued by this section. The corporation shall be a body
corporate and politic constituting a public benefit corporation. Its
membership shall consist of seven directors: the commissioner of
environmental conservation who shall be chair, the commissioner of
health, the secretary of state, and four directors appointed by the
governor by and with the advice and consent of the senate. The directors
appointed by the governor who are not state officers, shall serve for
terms of six years each, provided, however, that of the directors first
appointed, two shall serve for terms of two years, the remaining two for
terms of four and six years, respectively, from January first next
succeeding their appointment. The appointed members of the New York
state pure waters authority in office on the effective date of this
title shall be deemed to be directors first appointed in accordance with
the foregoing and shall hold office for the balance of the terms for
which they were severally appointed. Any vacancy occurring otherwise
than by expiration of term shall be filled in the same manner as the
original appointment for the balance of the unexpired term. The board of
directors of the corporation shall appoint, by resolution, the president
of the corporation. The president shall be the chief executive officer
of the corporation and shall serve at the pleasure of the board of
directors of the corporation.

2. Each director shall not receive a salary or other compensation, but
shall be entitled to reimbursement for actual and necessary expenses
incurred in the performance of his or her official duties.

3. Such directors other than the commissioner of environmental
conservation, the commissioner of health and the secretary of state may
engage in private employment, or in a profession or business, subject to
the limitation contained in sections seventy-three and seventy-four of
the public officers law. The corporation shall, for the purposes of
sections seventy-three and seventy-four of the public officers law, be a
"state agency," and such directors shall be "officers" of the
corporation for the purposes of said sections.

4. Four directors of the corporation shall constitute a quorum for the
transaction of any business or the exercise of any power of the
corporation. For the transaction of any business or the exercise of any
power of the corporation, the corporation shall have power to act by a
majority of the directors present at any meeting at which a quorum is in
attendance. Videoconferencing may be used for attendance and
participation by the directors. Any director attending and participating
by the use of videoconferencing in compliance with article seven of the
public officers law shall be considered to be present at the meeting.
The corporation may delegate to one or more of its directors, or its
officers, agents and employees, such powers and duties as it may deem
proper. The commissioner of environmental conservation, the commissioner
of health and the secretary of state may, by official proxy, filed with
and approved by the corporation, designate an officer in their
respective department, to perform, in their absence, their respective
duties under this article. The term "director" as used in this
subdivision shall include such persons so designated as provided herein.
The designation of such persons shall be deemed temporary only and shall
not affect the civil service or retirement rights of any persons so
designated.

5. Notwithstanding any inconsistent provisions of this or any other
law, general, special or local, no officer or employee of the state, or
of any civil division thereof, shall be deemed to have forfeited or
shall forfeit his office or employment or any benefits provided under
the retirement and social security law by reason of his acceptance of
membership on the corporation, provided, however, a director who holds
such other public office or employment shall receive no additional
compensation for services rendered pursuant to this title, but shall be
entitled to reimbursement for his actual and necessary expenses incurred
in the performance of such services.

6. The governor may remove any director for inefficiency, neglect of
duty or misconduct in office after giving him a copy of the charges
against him and an opportunity to be heard, in person or by counsel in
his defense, upon not less than ten days' notice. If any director shall
be so removed, the governor shall file in the office of the department
of state a complete statement of charges made against such director, and
his findings thereon, together with a complete record of the
proceedings.

7. The corporation shall continue so long as it shall have bonds or
other obligations outstanding and until its existence shall be
terminated by law. Upon the termination of the existence of the
corporation, all its rights and properties shall pass to and be vested
in the state.