2006 New York Code - State Superfund Management Board.

 
  § 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.