§ 83-K — Legislative commission on toxic substances and hazardous wastes

New York § 83-K

• Jurisdiction: New York
• Law LEG: Legislative
• Art. 5-A: Legislative Commissions

Text

* § 83-k. Legislative commission on toxic substances and hazardous\nwastes. 1. (a) The legislature hereby finds that New York state has\ninitiated a massive clean up of inactive toxic waste dump sites; this\nprogram is unique in the nation and is highly complex, requiring a large\ncommitment of public and private resources.\n (b) The legislature further finds that efforts to prevent, in the\nfirst instance, the generation of toxic wastes must receive major new\nemphasis in the development and adoption of new technologies and\nmanufacturing and production processes.\n (c) The legislature further finds that New York's waste exchange\nprogram has been successful in directing wastes to a productive use,\nthereby reducing the volume of wastes requiring managed disposal, but\nthat the potential exists for even greater quantities of waste to be\nrecycled and reused.\n (d) The legislature further finds that for those waste products which\nrequire disposal, carefully maintained facilities must be available to\nensure that disposal protects our irreplaceable surface and ground water\nresources and the public health generally, while allowing for a\ncontinued viable economy.\n (e) The legislature further finds that a strong and effective\nenforcement program is essential and the full cooperation and\ncoordination of all state agencies involved in the state's overall\nhazardous waste prevention, control and clean up program are absolutely\nessential.\n 2. A legislative commission on toxic substances and hazardous wastes\nis hereby established to: (a) examine the adequacy and enforcement of\nstate programs relating to all aspects of the prevention, control,\ndisposal and clean up of toxic substances and hazardous wastes; (b)\nevaluate the quantity and types of toxic substances and hazardous wastes\nbeing generated in the state; (c) assess efforts to recycle, reuse and\notherwise reduce the quantity of toxic substances and hazardous wastes\nrequiring disposal; (d) examine emerging technologies for the safe\nmanagement and disposal of toxic substances and hazardous wastes; (e)\nexamine legal, regulatory and economic elements as they may relate to\nthe development, testing and adaptation of such technologies; (f)\naddress the feasibility of a joint public and private cooperative\nresearch and development effort on new methods for reducing the\ngeneration of toxic substances and for managing the disposal of\nhazardous wastes; (g) monitor the state's program to clean up existing\nhazardous waste disposal sites, estimate the continuing resources needed\nto sustain the effort and assess the feasibility and impact on the\nstate, its municipalities and the private sector of any recommended\nmeans of funding continuing program needs; and (h) make recommendations\nto the legislature for such actions which the commission may determine\nare necessary to provide for any and all aspects of the state's program\nto reduce the generation of toxic substances, clean up existing\nhazardous waste sites and assure the safe, future disposal of toxic\nsubstances and hazardous wastes.\n 3. The commission shall consist of ten members to be appointed as\nfollows: three members of the senate shall be appointed by the temporary\npresident of the senate; three members of the assembly shall be\nappointed by the speaker of the assembly; two members of the senate\nshall be appointed by the minority leader of the senate; and two members\nof the assembly shall be appointed by the minority leader of the\nassembly. From among the members so appointed, a chairman and vice\nchairman shall be designated by the joint action of the temporary\npresident of the senate and the speaker of the assembly. Any vacancy\nthat occurs in the commission shall be filled in the same manner in\nwhich the original appointment was made. No member, officer or employee\nof the commission shall be disqualified from holding any other public\noffice or employment, nor shall he forfeit any such office or employment\nby reason of his appointment hereunder, notwithstanding the provisions\nof any general, special, or local law, ordinance, or city charter.\n 4. The commission may employ and at pleasure remove such personnel as\nit may deem necessary for the performance of the commission's functions\nand fix compensation within the amount appropriated therefor. The\ncommission may hold public and private hearings and otherwise have all\nof the powers of a legislative committee under this chapter. The members\nof the commission shall receive no compensation for their services but\nshall be allowed their actual and necessary expenses incurred in the\nperformance of their duties hereunder.\n 5. Employees of the commission shall be considered to be employees of\nthe legislature for all purposes.\n 6. The commission may request and shall receive from any subdivision,\ndepartment, board, bureau, commission, office, agency or other\ninstrumentality of the state or of any political subdivision thereof,\nsuch facilities, assistance and data as it deems necessary or desirable\nfor the proper execution of its powers and duties.\n 7. The commission is hereby authorized and empowered to make and sign\nany agreements, and to do and perform any acts that may be necessary,\ndesirable or proper to carry out the purposes and objectives set forth\nin this section.\n * NB Repealed June 30, 2026\n