(a) There is hereby created a body corporate and politic constituting a public corporation and autonomous governmental instrumentality of the Government of the Virgin Islands, by the name of the “Virgin Islands Water and Power Authority”, which shall be governed by a board consisting of the Director of the Virgin Islands Energy Office and six non-governmental members and who shall be appointed by the Governor with the advice and consent of the Legislature. Of the non-governmental members, three must be residents of the District of St. Thomas-St. John, of whom at least one must reside on St. John and three must be residents of the District of St. Croix. No more than two of the non-governmental board members, may reside outside of the territory. Non-governmental members shall be appointed for terms of three years, provided, however, that the first appointments made pursuant to this subsection shall be for a term of one year for one of the members from the District of St. Thomas-St. John, and for one of the members from the District of St. Croix, and for a term of two years for one of the members from the District of St. Thomas-St. John, and for one of the members from the District of St. Croix. Any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term, provided, however, that each member shall serve until the appointment and confirmation of his successor. Non-government members may be reappointed with the advice and consent of the Legislature and such members may be removed for cause by the Governor. The Government member shall serve during the term of their government position at the pleasure of the Governor. The government member shall not be paid compensation in addition to his regular government salary by reason of his service on the Governing Board. Non-government members shall be compensated at the rate of $175 a day for each day or fraction thereof spent in the work of the Authority. All members shall be entitled to reimbursement for, or per diem in lieu of, necessary travel expenses.
(b) The Authority hereby created is and shall be an autonomous governmental instrumentality subject, as provided for herein, to the control of the Governing Board thereof, but it is a corporation having legal existence and personality separate and apart from the Government. Subject to section 112(a) of this title, the debts, obligations, contracts, bonds, notes, debentures, receipts, expenditures, accounts, funds, facilities, and property of the Authority shall be deemed to be those of said Authority and not to be those of the Government of the Virgin Islands, or any office, bureau, department, agency, commission, municipality, branch, agent, officer or employee thereof.
(c) Non-governmental members of the Governing Board must have formal education or experience in at least one of the following:(1) Engineering, power generation;(2) energy, natural resources conservation, environmental science, planning;(3) economics, accounting, finance;(4) public affairs;(5) law; or(6) Computer Technology Information Systems.
(1) Engineering, power generation;
(2) energy, natural resources conservation, environmental science, planning;
(3) economics, accounting, finance;
(4) public affairs;
(5) law; or
(6) Computer Technology Information Systems.
(d) No member of the Board may enter into an employment relationship, consulting or representation agreement or other similar contractual agreement with any entity contracted or subcontracted by the Authority for a period of one year after the member ceases to serve as a member on the Board.