NY Legis L § 83-K (2021)
2021 New York Laws LEG - Legislative Article 5-A - Legislative Commissions 83-K - Legislative Commission on Toxic Substances and Hazardous Wastes.

* § 83-k. Legislative  commission  on  toxic  substances and hazardous wastes. 1. (a) The legislature hereby finds  that  New  York  state  has initiated  a  massive  clean up of inactive toxic waste dump sites; this program is unique in the nation and is highly complex, requiring a large commitment of public and private resources.  (b) The legislature further finds that  efforts  to  prevent,  in  the first  instance,  the  generation of toxic wastes must receive major new emphasis in  the  development  and  adoption  of  new  technologies  and manufacturing and production processes.  (c)  The  legislature  further  finds  that  New York's waste exchange program has been successful in directing wastes  to  a  productive  use, thereby  reducing  the  volume of wastes requiring managed disposal, but that the potential exists for even greater quantities  of  waste  to  be recycled and reused.  (d)  The legislature further finds that for those waste products which require disposal, carefully maintained facilities must be  available  to ensure that disposal protects our irreplaceable surface and ground water resources  and  the  public  health  generally,  while  allowing  for  a continued viable economy.  (e)  The  legislature  further  finds  that  a  strong  and  effective enforcement   program   is   essential  and  the  full  cooperation  and coordination of all state  agencies  involved  in  the  state's  overall hazardous  waste prevention, control and clean up program are absolutely essential.   2. A legislative commission on toxic substances and  hazardous  wastes is  hereby  established  to: (a) examine the adequacy and enforcement of state programs relating to  all  aspects  of  the  prevention,  control, disposal  and  clean  up  of  toxic substances and hazardous wastes; (b) evaluate the quantity and types of toxic substances and hazardous wastes being generated in the state; (c) assess efforts to recycle,  reuse  and otherwise  reduce  the quantity of toxic substances and hazardous wastes requiring disposal; (d)  examine  emerging  technologies  for  the  safe management  and  disposal  of toxic substances and hazardous wastes; (e) examine legal, regulatory and economic elements as they  may  relate  to the  development,  testing  and  adaptation  of  such  technologies; (f) address the feasibility  of  a  joint  public  and  private  cooperative research  and  development  effort  on  new  methods  for  reducing  the generation  of  toxic  substances  and  for  managing  the  disposal  of hazardous  wastes;  (g) monitor the state's program to clean up existing hazardous waste disposal sites, estimate the continuing resources needed to sustain the effort and assess  the  feasibility  and  impact  on  the state,  its  municipalities  and  the  private sector of any recommended means of funding continuing program needs; and (h) make  recommendations to  the  legislature for such actions which the commission may determine are necessary to provide for any and all aspects of the state's  program to  reduce  the  generation  of  toxic  substances,  clean  up  existing hazardous waste sites and assure the  safe,  future  disposal  of  toxic substances and hazardous wastes.   3.  The  commission  shall  consist  of ten members to be appointed as follows: three members of the senate shall be appointed by the temporary president of  the  senate;  three  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