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This entry was published on 2022-06-24
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SECTION 4
State soil and water conservation committee
Soil & Water Conservation Districts (SWC) CHAPTER 9-B, ARTICLE 2
§ 4. State soil and water conservation committee. (1) There is
established in the department of agriculture and markets, the state soil
and water conservation committee as an agency of this state which
committee shall exercise the functions conferred upon it in this
chapter. The administrative functions of such department under the
agriculture and markets law shall not operate or be applied in
derogation of the powers of the committee, or of the free exercise
thereof, as conferred by this chapter. The following shall serve as
members of the committee: five interested and qualified citizens to be
appointed by the governor, one of whom shall be appointed from a list of
nominees submitted by the state grange, one of whom shall be appointed
from a list of nominees submitted by the state farm bureau federation,
one of whom shall be appointed from a list of nominees submitted by the
New York Soil Conservation Districts Association, Inc., one of whom
shall be appointed at large, who shall represent the farm interest, and
a fifth member appointed at large who shall represent the urban,
suburban and rural non-farm landowner interest; the director of the
state agricultural extension service, or his or her designated
representative; the dean of the state college of agriculture and life
sciences, or his or her designated representative; the president of the
college of environmental science and forestry of the state university of
New York, or his or her designated representative; the commissioner of
environmental conservation, or his or her designated representative; the
commissioner of agriculture and markets, or his or her designated
representative; the commissioner of health, or his or her designated
representative; the secretary of state, or his or her representative; a
representative of the New York State Conservation District Employees'
Association; and the state conservationist of the soil conservation
service of the United States department of agriculture, or his
designated representative. The five lay members shall be the voting
members. The balance of the committee will serve in an advisory or
consulting capacity. The committee shall keep a record of its official
actions, and may perform such acts, and promulgate such rules and
regulations as may be necessary for the execution of its functions under
this chapter. After April twenty-third, nineteen hundred sixty-four, the
first appointment of the member chosen from a list submitted by the New
York soil and water conservation districts association shall be made of
a successor to the member representing the state grange whose term first
expires, and the first appointment of the member representing non-farm
interests shall be made of a successor to the member representing the
New York farm bureau whose term first expires.

(2) The committee may call upon the attorney-general of the state for
such legal services as it may require. It shall have authority to
delegate to its chairman, to one or more of its members, or to one or
more agents or employees such powers and duties as it may deem proper.
Upon request of the committee for the purpose of carrying out any of its
functions, the supervising officer of any state agency, or of any state
institution of learning shall, insofar as may be possible under
available appropriations, and having due regard to the needs of the
agency to which the request is directed, assign or detail to the
committee members of the staff or personnel of such agency or
institution of learning, and make such special reports, surveys or
studies as the committee may request.

(3) The committee shall designate its chairman and may from time to
time change such designation. The lay members shall be appointed for a
period of five years, except that the first five appointed shall be
designated to serve terms of one, two, three, four and five years
respectively, the terms of office to correspond to the state's fiscal
year. Committee members shall hold office until their successors have
been appointed and have qualified. The selection of successors to fill a
vacancy shall be made in the same manner in which the retiring committee
members shall have been selected. A majority of the committee shall
constitute a quorum and the concurrence of a majority in any matter
within their duties shall be required for its determination. The members
shall not receive a salary or other compensation, but shall be entitled
to their actual and necessary expenses, including traveling expenses
incurred in the discharge of their duties. The committee shall provide
for the keeping of a full and accurate record of all proceedings and of
all resolutions, regulations, and orders issued or adopted; and shall
provide for an annual audit of the accounts of receipts and
disbursements.

(4) In addition to the duties and powers hereinafter conferred upon
the state soil and water conservation committee, it shall have the
following duties and powers:

a. To adopt such policies in the carrying out of district programs as
it deems appropriate;

b. To keep the directors of each of the several districts organized
under the provisions of this act informed of the activities and
experience of all other districts organized hereunder, and to facilitate
an interchange of advice and experience between such districts and
cooperation between them;

c. To approve and coordinate the programs of the several soil and
water conservation districts organized hereunder;

d. To secure the cooperation and assistance of the United States and
any of its agencies, and of agencies of this state, in the work of such
districts;

e. To disseminate information throughout the state concerning the
activities and programs of the soil and water conservation districts
organized hereunder, and to encourage the formation of such districts in
areas where their organization is desirable;

f. To accept contributions from any source to carry on work under the
provisions of this chapter;

g. To develop and maintain principles and standards for, and
procedures for participating in, the agricultural environmental
management (AEM) program in partnership with the department of
environmental conservation, as set forth in article eleven-A of the
agriculture and markets law;

h. To develop evaluation criteria, collect, maintain and analyze
information to assess the AEM program for effectiveness in meeting state
and federal environmental and public health goals;

i. To coordinate and approve the participation of the several
districts in the AEM program as set forth in article eleven-A of the
agriculture and markets law;

j. To coordinate and approve the participation of the several
districts in support of soil health and climate resilient farming as set
forth in article eleven-B of the agriculture and markets law.