NY Legis L § 83-G (2021)
2021 New York Laws LEG - Legislative Article 5-A - Legislative Commissions 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, 2022