2006 New York Code - Green Island Power Authority.



 
    * §  1020-c.  Green Island power authority. 1. There is hereby created
  and established a public corporation, to be known as the  "Green  Island
  power  authority".  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.
    2.  The authority shall have the power to acquire such real estate and
  other property as may be necessary for its corporate  purposes,  to  sue
  and be sued, to incur debts, liabilities and obligations, to issue bonds
  and other evidences of indebtedness, to have a seal, and to exercise all
  powers   authorized   by   this   title  and  reasonably  necessary  for
  accomplishing its purposes, or properly incidental thereto,  subject  to
  the  provisions herein contained and to the constitution and laws of the
  United States and of the state.
    3. The authority and its existence shall  continue  for  a  period  of
  twelve  years and thereafter until all its liabilities have been met and
  its bonds have been paid in full or  such  liabilities  and  bonds  have
  otherwise been discharged and thereupon all rights and properties of the
  authority then remaining shall pass to and be vested in the village.
    4. The authority shall consist of five members, to be residents of the
  village  and be appointed by the board of trustees on designation of the
  mayor. The term of office of a member shall be five years,  but  in  the
  first  instance  such members shall be appointed to hold office, one for
  one year, one for two years, one for three years, one for four years and
  one for five years, the term of each  to  be  fixed  by  the  resolution
  making  the  appointment.  Upon  resignation  of  a member, or a vacancy
  occurring in any other manner, it shall be filled by appointment for the
  unexpired term. In other respects, all vacancies shall be filled in  the
  manner corresponding to the original appointment.
    5.  The members of the authority may appoint an executive committee of
  not less than three  members  and  may  delegate  full  powers  to  such
  committee. They may appoint such other committees of not less than three
  members each with such powers as they may provide. They may elect one of
  the  members  as  a chairman and may elect or appoint other officers and
  determine their powers. They may by a vote  of  a  majority  of  members
  adopt  by-laws and provide for their annual and regular meetings and for
  the calling of special meetings. The treasurer of the village  shall  be
  ex-officio  treasurer  of  the  authority  and  his compensation as such
  treasurer shall be fixed by the members.  Each  member  before  entering
  upon  the  duties  of  his  office shall take the constitutional oath of
  office, which shall be filed in the office of the  secretary  of  state.
  Three  members shall constitute a quorum for the transaction of business
  and the concurrence of three members at a meeting shall be necessary  to
  the  validity  of any resolution, order or determination. Any member may
  be removed by the board of trustees for inefficiency, neglect of duty or
  misconduct in office, after a hearing upon charges and an opportunity to
  be heard in person or by counsel upon not less than  ten  days'  notice.
  The  members  shall  receive  such  salary as shall be determined by the
  board of trustees. They shall receive no reimbursement for the  ordinary
  expenses  of attending meetings, but may by resolution of the members be
  allowed their expenses of a special or extraordinary  nature.  A  member
  may  receive  additional  compensation  to  be  fixed by the members, if
  appointed an officer of the authority.
    6. No public officer or employee shall be ineligible  for  appointment
  as  a  member  or  officer  of  the  authority and any public officer or
  employee may accept such appointment and serve as a  member  or  officer
  without  forfeiture  of  any  other  public office or position of public
  employment by reason thereof. Any one or more members or officers of the
  authority may be an officer or employee of the  village.  In  the  event
  that  an  officer  or  employee  of  the village shall be appointed as a
  member or officer of the authority,  acceptance  or  retention  of  such
  appointment  shall  not  be deemed a forfeiture of his village office or
  employment,   or   incompatible   therewith  or  affect  his  tenure  or
  compensation in any way.
    7. It is hereby determined and declared that  the  authority  and  the
  carrying  out of its powers, purposes and duties are in all respects for
  the benefit of the people of the village of Green Island and  the  state
  of  New  York,  and  that said 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.
    8.  Neither  the  public  service  commission  nor  any other board or
  commission of like character, shall have jurisdiction over the authority
  in the management and control of its properties  or  operations  or  any
  power  over  the  regulation  of rates fixed or charges collected by the
  authority except as otherwise provided in this subdivision.
    a. The authority's rates, services and practices with respect to power
  and energy purchased from the power authority of the state of  New  York
  shall  be  subject to regulation by such power authority pursuant to the
  provisions of the power authority act and any contract between  the  two
  authorities.
    b. The authority's rates, services and practices with respect to power
  and  energy  that  is  either  (i) generated by an electric plant owned,
  operated or managed by the authority, or (ii) purchased by the authority
  from sources other than the power authority of the  state  of  New  York
  shall  be  subject to regulations of the public service commission under
  the provisions of the public service law.
    c. Article seven  of  the  public  service  law  shall  apply  to  the
  authority's  siting  and  operation  of a major transmission facility as
  therein defined and article eight of the public service law shall  apply
  to  the  authority's  siting  and  operation  of  a major steam electric
  generating facility as therein defined.
    * NB There are 2 § 1020-c's

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