27-0702 - Solid waste management board.
§ 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.