N.Y. LEG Law § 83-G — New York Code / Act LEG / Article 5-A / Section 83-G
Legislative commission on solid waste management
Status: in_force

* § 83-g. Legislative commission on solid waste management. 1. (a) The\nlegislature hereby finds that the improper landfilling of municipal and\nindustrial waste presents a serious threat to the health and welfare of\nthe people of the state and to the state's air, land and water\nresources; in particular, to the state's surface and groundwater, which\nconstitute irreplaceable resources which are critical to public health\nand the general well being of the people of the state.\n  (b) The legislature also finds that due to the state's severely\nlimited landfill capacity and due to the unacceptability of burying\ncertain wastes, alternative technologies such as waste reduction,\nrecycling and resource recovery are preferable to landfilling because\nthey hold the potential to replace dwindling landfill capacity and\nthereby afford a higher degree of protection to the public health and\nenvironment of this state.\n  (c) The legislature further finds that the disposal of solid waste\nthrough the uncontrolled and improper use of such technologies as\nresource recovery may also cause public health and environmental\nproblems and have therefore not been uniformly accepted by the public.\n  2. A legislative commission on solid waste management is hereby\nestablished: (a) to evaluate present solid waste management practices\nemployed in New York state with particular attention to those areas of\nthe state which are experiencing a severe shortage of landfill capacity;\n(b) to assess new technologies available for solid waste management and\nto evaluate environmental and performance standards and criteria as may\nbe proposed for such technologies; (c) to examine economic and legal\nimpediments to the implementation of such technologies, including\nrecommendations to mitigate such impediments; (d) to examine impacts to\nlocal communities in which solid waste management facilities are sited,\nincluding any incentives which may be offered to such communities in the\nprocess of siting such facilities; and (e) to make recommendation to the\nlegislature for action it may determine is necessary to provide for the\nproper disposal of solid waste in New York state with specific\nrecommendation for areas of the state experiencing a severe shortage of\nlandfill capacity.\n  3. The commission shall consist of twelve members to be appointed as\nfollows: four members of the senate shall be appointed by the temporary\npresident of the senate; four members of the assembly shall be appointed\nby the speaker of the assembly; two members of the senate shall be\nappointed by the minority leader of the senate; and two members of the\nassembly shall be appointed by the minority leader of the assembly. From\namong the members so appointed, a chairman and vice chairman shall be\ndesignated by the joint action of the temporary president of the senate\nand the speaker of the assembly. Any vacancy that occurs in the\ncommission shall be filled in the same manner in which the original\nappointment was made. No member, officer or employee of the commission\nshall be disqualified from holding any other public office or\nemployment, nor shall he forfeit any such office or employment by reason\nof his appointment hereunder, notwithstanding the provisions of any\ngeneral, special, or local law, ordinance, or city charter.\n  4. The commission may employ and at pleasure remove such personnel as\nit may deem necessary for the performance of the commission's functions\nand fix compensation within the amount appropriated therefor. The\ncommission may hold public and private hearings and otherwise have all\nof the powers of a legislative committee under this chapter. The members\nof the commission shall receive no compensation for their services but\nshall be allowed their actual and necessary expenses incurred in the\nperformance of their duties hereunder.\n  5. Employees of the commission shall be considered to be employees of\nthe legislature for all purposes.\n  6. The commission may request and shall receive from any subdivision,\ndepartment, board, bureau, commission, office, agency or other\ninstrumentality of the state or of any political subdivision thereof,\nsuch facilities, assistance and data as it deems necessary or desirable\nfor the proper execution of its powers and duties.\n  7. The commission is hereby authorized and empowered to make and sign\nany agreements, and to do and perform any acts that may be necessary,\ndesirable or proper to carry out the purposes and objectives set forth\nin this section.\n  * NB Repealed June 30, 2027\n