Section 27-0702. Solid waste management board

1. There is hereby created within the department the state solid waste
  management board hereinafter referred to as the "board". The board shall
  consist   of   a   total  of  fifteen  members  and  shall  include  the
  commissioners  of  environmental  conservation,  health   and   economic
  development or a deputy commissioner of such department as designated by
  the  commissioner  thereof. The board's twelve at-large members shall be
  appointed  by  the  governor.  Two  such  appointments  shall  be   upon
  recommendation  of  the  temporary  president  of  the  senate, two such
  appointments  shall  be  upon  recommendation  of  the  speaker  of  the
  assembly,  one  such  appointment  shall  be  upon recommendation of the
  minority leader of the senate and one such  appointment  shall  be  upon
  recommendation  of the minority leader of the assembly. Of the remaining
  six  appointments,  three  of  the   at-large   members   shall   be   a
  representative   of   local   government   representative  of  different
  geographic areas of the state, two shall be  representative  of  private
  industry  which  provides  solid  waste  management services or deals in
  secondary materials, and one shall be  representative  of  organizations
  whose  prime  function  is  the  protection  of  health or environmental
  resources. None of  the  members  so  appointed  shall  be  officers  or
  employees  of  any  state  department  or  agency  and each shall be, by
  professional training or experience and attainment, qualified to analyze
  and interpret matters pertaining to solid waste management.
    2. (a) The commissioner shall serve as chairman of the board provided,
  however, that his designee may not preside as chairman in  his  absence.
  The  board  shall elect a vice chairman from among the appointed members
  to act in the absence of the chairman.
    (b) Each of the twelve at-large  members  appointed  by  the  governor
  shall  hold  office  for  a  term of two years or until such time as the
  board shall cease to exist or until  such  member  shall  resign  or  be
  removed  in  the  manner provided by law, except that one of the initial
  appointments made on the recommendation of the  temporary  president  of
  the  senate,  one of the initial appointments made on the recommendation
  of the speaker of  the  assembly  and  four  of  the  initial  remaining
  appointments  of  the  governor  shall be for a term of three years. Any
  vacancy on the board shall be filled by  appointment  pursuant  to  this
  section.
    3. The members of the board shall serve without compensation for their
  services  as  members of the board, except that members shall be allowed
  their necessary and actual expenses incurred in the performance of their
  duties under this section.
    4. The board shall have the power, duty and responsibility to:
    (a) Serve as a working forum for  the  exchange  of  views,  concerns,
  ideas, information and recommendations relating to implementation of the
  state  solid  waste  management policy articulated in section 27-0106 of
  this  article,  market  development  and  secondary   materials,   waste
  reduction  and  recycling  programs established pursuant to sections one
  hundred  eighty-one  and  one  hundred  eighty-one-b  of  the   economic
  development  law,  technical  assistance,  planning  and any other solid
  waste management programs, policies and plans of the department  or  any
  other state agency or authority;
    (b)  Request  the  attendance  at  any  meeting  of  the board of such
  personnel of the department or of other state agencies  or  authorities,
  as  may  be  necessary  to  provide information and otherwise assist the
  board and request such information from the department  or  other  state
  agencies  or  authorities  as  the  board  may require in fulfilling its
  responsibility under this section;
    (c) Monitor, review and make recommendations concerning:

    (i) the objectives, methods and strategies of the department and other
  state agencies or authorities  in  implementing  and  pursuing  programs
  designed  to  meet  the  objectives  of the state solid waste management
  policy;
    (ii)  the  objectives,  methods  and  strategies of the department and
  other state agencies and authorities in  implementing  the  programs  of
  assistance to local governments in planning and implementing solid waste
  management programs; and
    (iii) the objectives, methods and strategies of the department and the
  department  of  economic  development to promote waste reduction through
  regulatory activities, interstate cooperation, and assistance  to  local
  governments and businesses;
    (d)  Coordinate  its  activities  with appropriate boards and advisory
  bodies of the state or other  agencies  with  related  responsibilities,
  including  the  board  of operating requirements established pursuant to
  section 19-0306 of  this  chapter  and  the  state  environmental  board
  established pursuant to article five of this chapter;
    (e)  Study and make recommendations concerning programs and activities
  that the department,  and  other  agencies  or  authorities  as  may  be
  appropriate,  could  undertake  to provide information for the public on
  how locally proposed or  operated  facilities  conform  with  regulatory
  requirements and the protections afforded thereby;
    (f)  Request  and  receive, upon reasonable notice, reports from state
  agencies and public authorities concerning segments of the waste  stream
  posing  particular problems in disposal, recycling and reuse and, within
  six  months  of  the  receipt  of   each   such   report,   submit   its
  recommendations  to  the  governor  and  the legislature concerning such
  report;
    (g) Make recommendations to the governor and the legislature, no later
  than one year after the effective date of this  subdivision,  concerning
  incentives  for  host  communities of solid waste management facilities.
  Such incentives may include, but need not be limited to, ways to protect
  against decreases  in  property  values,  rate  structures  which  could
  benefit  residents of the host community and mechanisms to address local
  concerns during facility design and operation; and
    (h) Perform other activities  or  services  as  may  be  necessary  to
  fulfill the purposes of this section.
    5.   Based  upon  its  monitoring,  reviewing  and  other  information
  available to it,  the  board  shall  report  to  the  governor  and  the
  legislature  on or before October first of each year its assessment with
  comments and recommendations regarding solid waste management  programs,
  their  implementation, available funding and resources, and the need for
  steps to assure the future availability of funding.
    6. (a) The board shall:
    (i) meet at least quarterly;
    (ii) keep a record of its proceedings; and
    (iii) determine the rules of its own procedures.
    (b) Eight members of the board  shall  constitute  a  quorum  for  the
  transaction of any business of the board.
    7.  Staff services, including recording of board proceedings, shall be
  performed by personnel of the department, or such state  departments  or
  agencies as the chairman deems appropriate or desirable.