§ 264 — Waste prevention assistance

§ 264. Waste prevention assistance. 1. Definitions. As used in this\nsection, unless a different meaning clearly appears from the context,\nthe term:\n a. "Applicant" shall mean a municipality or two or more municipalities\nor a non-profit organization.\n b. "Cost" shall mean the capital cost of an eligible project including\nengineering and architectural services, surveys, plans and\nspecifications; transportation facilities at the site or sites of the\nproject; lands acquired pursuant to conditions set forth in subdivision\nsix of this section; and other direct capital expenses incident to such\na project, less any federal assistance and other assistance received or\nto be received. For purposes of this section, "cost" shall include\ndirectly related costs for technical assistance; "cost" shall exclude\nany costs incurred prior to the effective date of this section.\n c. "Municipality" shall mean a local public authority or public\nbenefit corporation, a county, city, town, village, or Indian tribe\nresiding within New York state, or any combination thereof.\n d. "Secondary materials" shall have the definition set forth in\nsubdivision one of section two hundred sixty-one of this article.\n e. "Eligible project" shall mean actions taken by or on behalf of a\nNew York business involving the acquisition, construction, alteration,\nrepair or improvement of a building, fixtures, machinery or equipment,\nprovided that such project results in:\n (i) source reduction or material substitution, provided that the\nsubstitution of one hazardous substance, product or nonproduct output\nfor another does not result in the creation of a new risk,\n (ii) in-process recycling,\n (iii) recycling or reuse of non-hazardous solid wastes,\n (iv) increased energy efficiency,\n (v) conservation of the use of water or other natural resources\nimprovements in process economics,\n (vi) elimination of the purchase of materials, the production of which\nfor the use of said firm would result in more waste or resource\nconsumption, or\n (vii) other practices or technologies that reduce the use of hazardous\nmaterials or otherwise improve air or water quality.\n The term "eligible project" shall not include end of pipe pollution\ncontrol technologies or practices where such controls or practices are\ndesigned primarily to achieve compliance with the environmental\nconservation law or regulations promulgated pursuant thereto, or energy\nrecovery or incineration, or out-of-process recycling or reuse of\nhazardous waste or hazardous substances.\n f. "State assistance payment" means the payment of monies by the state\nto municipalities, other governmental entities or non-profit\norganizations for undertaking, pursuant to contract, projects authorized\nby the environmental protection act which added this section to\npreserve, enhance, restore and improve the quality of the state's\nenvironment.\n g. "Waste" shall have the meaning provided in paragraph c of\nsubdivision one of section two hundred sixty-one of this article.\n 2. Purpose. The department is authorized, within amounts appropriated,\nto design and implement a waste prevention program which shall promote\neconomic development and environmental improvement.\n 3. Designation. The department shall be the agency responsible for\nproviding assistance to applicants for the waste prevention program.\n 4. Technical assistance. The department is authorized to undertake the\nfollowing activities including:\n a. identifying secondary material markets;\n b. serving as a clearinghouse of market information, market conditions\nand marketing strategies for such materials; and\n c. providing assistance to applicants for facilitating secondary\nmaterials market contracting arrangements.\n 5. Waste prevention state assistance payments.\n a. The department is authorized to provide, on a competitive basis,\nwithin amounts appropriated, state assistance payments to assist\napplicants in undertaking secondary materials market development or\nwaste prevention activities.\n b. The department shall consider the following criteria in evaluating\nproject applications:\n (i) the ability of the applicant to achieve the goals of the project,\nincluding the ability to minimize, reduce, or eliminate the generation\nof wastes, use or reuse waste, increase energy efficiency and/or water\nconservation, improve air or water quality and/or improve process\neconomics;\n (ii) the appropriateness of the proposed project in fulfilling\nregional economic development and environmental improvement needs;\n (iii) (iii) the economic and technical feasibility of the proposed\nproject;\n (iv) the commitment of the applicant to implement the short and long\nterm goals of the proposed project; and\n (v) the extent to which selection of the project would ensure, to the\nextent practicable, a regional distribution of projects across the\nstate.\n c. State assistance payments shall not exceed fifty percent of the\nproject cost; provided, however, that costs funded through other state\nwaste prevention programs shall not be eligible for funding under this\nsection.\n 6. Contracts for state assistance payments. The commissioner, in\nconsultation with the commissioner of environmental conservation, may\nenter into contracts with applicants to provide state assistance\npayments toward the cost of secondary materials utilization or waste\nprevention projects. Such contracts shall include the following\nprovisions:\n (i) An estimate of the costs of the project as determined by the\ncommissioner.\n (ii) An agreement by the commissioner to make state assistance\npayments toward the cost of the project by periodically reimbursing the\napplicant during the progress of project development or following\ncompletion of the project as may be agreed upon by the parties.\n (iii) An agreement by the applicant:\n (1) to proceed expeditiously with and complete the project as approved\nby the commissioner;\n (2) to continue operation of the project and not to dispose of the\nproject or any portion thereof or change its use without the approval of\nthe commissioner; and to not sell, lease or otherwise dispose of or use\nlands acquired under this section for any purpose inconsistent with the\nproject under which such land is acquired;\n (3) to operate and maintain the project in accordance with applicable\nlaw, rules and regulations;\n (4) to provide for the payment of the applicant's share of the cost of\nthe project;\n (5) to repay, within one year of notification by the commissioner, any\nstate assistance payment made toward the cost of the project or an\nequitable portion of such monies declared appropriate by the\ncommissioner, if the applicant:\n (A) fails to complete the project as approved,\n (B) disposes of the project, or any portion thereof, without the prior\nwritten approval of the commissioner, or\n (C) changes the use of the project, or any portion thereof, without\nthe prior written approval of the commissioner.\nNo repayment, however, shall be required where the commissioner\ndetermines that such failure, disposition or change of use was\nimmediately necessary to protect public health and safety; and\n (6) The department shall monitor the performance of each project and\nshall require periodic and annual reports, as applicable, regarding each\nsecondary material utilization or waste prevention project at such time\nand in such manner as prescribed by the commissioner. The commissioner\nshall furnish a copy of such reports to the governor, the commissioner\nof environmental conservation, the majority leader of the senate and the\nspeaker of the assembly.\n 7. Consultation. The commissioner may consult with other state\nagencies as appropriate in furthering the purpose of this section.\n 8. Implementation. In implementing this program, the department shall\npromulgate rules and regulations. Such rules and regulations may\ninclude, but not be limited to, requirements for applications and\nsupporting materials. Such rules and regulations shall also provide in\nall agreements for financial assistance for immediate repayment of all\nsuch financial assistance plus interest and penalties if any portion of\na project as defined by paragraph i of subdivision one of section two\nhundred sixty-one of this article is transferred out of New York state.\n