§ 39.05 Niagara river greenway commission. 1. The Niagara river greenway commission is hereby established to be a body corporate and politic constituting a public benefit corporation. The commission shall consist of up to fourteen voting members. The governor shall appoint eight voting members as follows: four voting members shall be appointed by the governor solely in his discretion; two voting members shall be appointed following the recommendation of the temporary president of the senate; and two voting members shall be appointed following the recommendation of the speaker of the assembly. One appointee recommended by the temporary president of the senate shall be a local elected official of a municipality adjacent to the Niagara river and shall serve as the chairperson of the local government advisory committee created pursuant to this article. One appointee recommended by the speaker of the assembly shall represent local interests and shall serve as the chairperson of the citizens' advisory committee created pursuant to this article. All appointments shall be residents of a municipality adjacent to the Niagara river. In addition, six voting members shall serve ex officio: the secretary of state, the commissioners of parks, recreation and historic preservation, environmental conservation, transportation, and economic development, and the chairperson of the power authority of the state of New York, or their designees. The governor shall designate a chairperson for the commission.

Terms Used In N.Y. Parks, Recreation and Historic Preservation Law 39.05

  • commission: shall mean the Niagara river greenway commission created pursuant to this article. See N.Y. Parks, Recreation and Historic Preservation Law 39.03
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Ex officio: Literally, by virtue of one's office.
  • greenway: shall mean a linear system of state and local parks and conservation areas linked by a network of multi use trails within the greenway area established by an approved plan of the commission as provided for in this article. See N.Y. Parks, Recreation and Historic Preservation Law 39.03
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Municipality: means a county, city, town, village or local public benefit corporation located adjacent to the Niagara river. See N.Y. Parks, Recreation and Historic Preservation Law 39.03
  • plan: shall mean a document prepared in conformance with the provisions of section 35. See N.Y. Parks, Recreation and Historic Preservation Law 31.01
  • Quorum: The number of legislators that must be present to do business.
  • State agency: shall mean any state department, agency, board or commission of the state, or a public benefit corporation or public authority at least one of whose members is appointed by the governor. See N.Y. Parks, Recreation and Historic Preservation Law 31.01

2. The term of office for appointees shall be four years. Members may serve on the commission until they resign or are replaced. In the event of a vacancy occurring other than by the expiration of a member's term, such vacancy shall be filled for the balance of the unexpired term in the same manner as the original appointment.

3. A majority of the members of the commission shall constitute a quorum.

4. The members of the commission shall receive no compensation for their services, but shall be entitled to reimbursement for their expenses actually and necessarily incurred in the performance of their duties.

5. Notwithstanding any inconsistent provisions of law, general, special, or local, no officer or employee of the state or any civil division thereof, shall be deemed to have forfeited or shall forfeit his or her office or employment by reason of his or her acceptance of membership on the commission.

6. At the initial meeting, the commission shall elect officers, who shall serve at the pleasure of the commission.

7. The commission shall meet at least once every two months until approval of the plan by the commissioner as provided pursuant to section 39.07 of this article, and at least once every quarter thereafter.

8. Every state agency and public corporation having jurisdiction of land within municipalities adjacent to the Niagara river shall, to the fullest extent practicable, cooperate and assist the commission in carrying out the provisions of this article.

9. Every local agency with programs relating to the greenway may offer assistance to the commission in carrying out the provisions of this article.

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