N.Y. Legislative Law § 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, 2027