27-1435 - New York brownfields advisory board.

§ 27-1435. New York brownfields advisory board.    1.  There  is  hereby  established  within  the  department a New York  brownfields advisory board. The board shall consist of  fifteen  members  and  shall  include  the  commissioner,  the commissioner of health, the  commissioner of economic development, the commissioner of  taxation  and  finance, and the secretary of state or their designees, and ten 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. Of the  remaining  appointed  members,  one  shall  be  a representative of an organization  associated with the  protection  of  the  environment,  one  shall  have  experience  with public health, one shall have experience in planning or  urban renewal, and one shall have experience in real estate development.  No at large member of the board may appoint a designee to temporarily or  permanently assume his or her place on the board.    2. The appointive members shall serve for terms of three  years  each.  Vacancies  shall be filled in the manner of the original appointment for  the unexpired terms. Appointed members 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 or she shall  incur in the performance of his or her duties under this section.    3. The commissioner shall serve as chairperson of the board,  and  the  board shall elect a vice chairperson from among the appointed members to  preside  in  the  absence of the chairperson. Eight members of the board  shall constitute a quorum for the transaction of  any  business  of  the  board.    4.  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 remediation and redevelopment of  contaminated sites.    5. The board shall meet no less than twice annually. Special  meetings  may  be  held  at  the  call  of the chairperson. The board shall keep a  record of all its proceedings.    6. The board shall have the following duties:    a. serve as a working forum  for  the  exchange  of  views,  concerns,  ideas,   information,   and  recommendations  relating  to  the  state's  brownfield cleanup program as provided in this title,  and  the  state's  brownfield  opportunity area program as provided in section nine hundred  seventy-r of the general municipal law, herein collectively known as the  state's brownfield programs;    b. request and receive from  any  state  agency  such  reasonable  and  pertinent  information  and  data  related  to  the  state's  brownfield  programs as the board may request;    c. monitor and review the implementation  of  the  state's  brownfield  programs,  as  well  as  the  policies  and  objectives  of  the state's  brownfield programs; and    d. review and evaluate the appropriate state and industry contribution  to the state's brownfield programs.    7. Based on the information received and tasks performed as  described  in paragraphs a through d of subdivision six of this section, as well as  such other information that has become available to the board, the board  shall,  on  or before December first, two thousand nine and on or before  the first day of  December  of  each  year  thereafter,  report  to  the  governor and to the legislature, on its assessment of the implementationof   the  state's  brownfield  programs,  together  with  its  comments,  suggestions, and  recommendations  regarding  such  programs,  available  funding  and  resources, and the need for any additional steps to ensure  the future availability of funding.    8.  Staff services, including recording of board proceedings, shall be  performed by personnel of the department, or such other  departments  or  agencies as the chairperson deems appropriate or desirable.