83-K - Legislative commission on toxic substances and hazardous wastes. - New York Statutes

* § 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 inwhich 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, 2011