Section 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, 2010