2023 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, 2025