83-G - Legislative commission on solid waste management.
* § 83-g. Legislative commission on solid waste management. 1. (a) The legislature hereby finds that the improper landfilling of municipal and industrial waste presents a serious threat to the health and welfare of the people of the state and to the state's air, land and water resources; in particular, to the state's surface and groundwater, which constitute irreplaceable resources which are critical to public health and the general well being of the people of the state. (b) The legislature also finds that due to the state's severely limited landfill capacity and due to the unacceptability of burying certain wastes, alternative technologies such as waste reduction, recycling and resource recovery are preferable to landfilling because they hold the potential to replace dwindling landfill capacity and thereby afford a higher degree of protection to the public health and environment of this state. (c) The legislature further finds that the disposal of solid waste through the uncontrolled and improper use of such technologies as resource recovery may also cause public health and environmental problems and have therefore not been uniformly accepted by the public. 2. A legislative commission on solid waste management is hereby established: (a) to evaluate present solid waste management practices employed in New York state with particular attention to those areas of the state which are experiencing a severe shortage of landfill capacity; (b) to assess new technologies available for solid waste management and to evaluate environmental and performance standards and criteria as may be proposed for such technologies; (c) to examine economic and legal impediments to the implementation of such technologies, including recommendations to mitigate such impediments; (d) to examine impacts to local communities in which solid waste management facilities are sited, including any incentives which may be offered to such communities in the process of siting such facilities; and (e) to make recommendation to the legislature for action it may determine is necessary to provide for the proper disposal of solid waste in New York state with specific recommendation for areas of the state experiencing a severe shortage of landfill capacity. 3. The commission shall consist of twelve members to be appointed as follows: four members of the senate shall be appointed by the temporary president of the senate; four members of the assembly shall be appointed by the speaker of the assembly; two members of the senate shall be appointed by the minority leader of the senate; and two members of the assembly shall be appointed by the minority leader of the assembly. From among the members so appointed, a chairman and vice chairman shall be designated by the joint action of the temporary president of the senate and the speaker of the assembly. Any vacancy that occurs in the commission shall be filled in the same manner in which the original appointment was made. No member, officer or employee of the commission shall be disqualified from holding any other public office or employment, nor shall he forfeit any such office or employment by reason of his appointment hereunder, notwithstanding the provisions of any general, special, or local law, ordinance, or city charter. 4. The commission may employ and at pleasure remove such personnel as it may deem necessary for the performance of the commission's functions and fix compensation within the amount appropriated therefor. The commission may hold public and private hearings and otherwise have all of the powers of a legislative committee under this chapter. The members of the commission shall receive no compensation for their services but shall be allowed their actual and necessary expenses incurred in the performance of their duties hereunder.5. Employees of the commission shall be considered to be employees of the legislature for all purposes. 6. The commission may request and shall receive from any subdivision, department, board, bureau, commission, office, agency or other instrumentality of the state or of any political subdivision thereof, such facilities, assistance and data as it deems necessary or desirable for the proper execution of its powers and duties. 7. The commission is hereby authorized and empowered to make and sign any agreements, and to do and perform any acts that may be necessary, desirable or proper to carry out the purposes and objectives set forth in this section. * NB Repealed June 30, 2011