§ 189-b. The western New York power proceeds allocation board. 1. There is hereby created the western New York power proceeds allocation board, which shall possess the powers and duties herein specified. The board shall consist of five members who shall be appointed by the governor as follows: one of whom shall be appointed upon the recommendation of the temporary president of the senate and shall reside within the thirty mile radius of the Niagara power project, one of whom shall be appointed upon the recommendation of the speaker of the assembly and shall reside within the thirty mile radius of the Niagara power project, and at least one additional member who shall also reside within the thirty mile radius of the Niagara power project. The governor shall designate a chair from amongst the board's members.
2. Each member shall serve a term of five years or until a successor shall have been named and qualified. Members may be reappointed to successive terms.
3. Notwithstanding any other provision of law to the contrary, three members shall constitute a quorum for the purposes of organizing the board and conducting the business thereof. No action of the board may be taken except upon an affirmative vote of at least three-fifths of the full board membership at any meeting at which at least three members are present or participating by videoconferencing. Videoconferencing may be used for attendance and participation by members of the board. If videoconferencing is used, the board shall provide an opportunity for the public to attend, listen and observe at any site at which a member participates. The public notice for the meeting shall identify, if practicable, all locations where a member will participate in the meeting by videoconference and shall state that the public has the right to attend the meeting at any such location.
4. Members of the board, except those that are employees or officers of the state, its authorities or agencies, shall not receive a salary or other compensation, but shall be allowed the necessary and actual expenses incurred in the performance of duties under this article.
