* § 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, 2024