Legislation

Search OpenLegislation Statutes

This entry was published on 2023-05-12
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 83-G
Legislative commission on solid waste management
Legislative (LEG) CHAPTER 32, ARTICLE 5-A
* § 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, 2024