N.Y. Economic Development Law § 264: Waste prevention assistance

§ 264. Waste prevention assistance. 1. Definitions. As used in this

section, unless a different meaning clearly appears from the context,

the term:

a. "Applicant" shall mean a municipality or two or more municipalities

or a non-profit organization.

b. "Cost" shall mean the capital cost of an eligible project including

engineering and architectural services, surveys, plans and

specifications; transportation facilities at the site or sites of the

project; lands acquired pursuant to conditions set forth in subdivision

six of this section; and other direct capital expenses incident to such

a project, less any federal assistance and other assistance received or

to be received. For purposes of this section, "cost" shall include

directly related costs for technical assistance; "cost" shall exclude

any costs incurred prior to the effective date of this section.

c. "Municipality" shall mean a local public authority or public

benefit corporation, a county, city, town, village, or Indian tribe

residing within New York state, or any combination thereof.

d. "Secondary materials" shall have the definition set forth in

subdivision one of section two hundred sixty-one of this article.

e. "Eligible project" shall mean actions taken by or on behalf of a

New York business involving the acquisition, construction, alteration,

repair or improvement of a building, fixtures, machinery or equipment,

provided that such project results in:

(i) source reduction or material substitution, provided that the

substitution of one hazardous substance, product or nonproduct output

for another does not result in the creation of a new risk,

(ii) in-process recycling,

(iii) recycling or reuse of non-hazardous solid wastes,

(iv) increased energy efficiency,

(v) conservation of the use of water or other natural resources

improvements in process economics,

(vi) elimination of the purchase of materials, the production of which

for the use of said firm would result in more waste or resource

consumption, or

(vii) other practices or technologies that reduce the use of hazardous

materials or otherwise improve air or water quality.

The term "eligible project" shall not include end of pipe pollution

control technologies or practices where such controls or practices are

designed primarily to achieve compliance with the environmental

conservation law or regulations promulgated pursuant thereto, or energy

recovery or incineration, or out-of-process recycling or reuse of

hazardous waste or hazardous substances.

f. "State assistance payment" means the payment of monies by the state

to municipalities, other governmental entities or non-profit

organizations for undertaking, pursuant to contract, projects authorized

by the environmental protection act which added this section to

preserve, enhance, restore and improve the quality of the state's

environment.

g. "Waste" shall have the meaning provided in paragraph c of

subdivision one of section two hundred sixty-one of this article.

2. Purpose. The department is authorized, within amounts appropriated,

to design and implement a waste prevention program which shall promote

economic development and environmental improvement.

3. Designation. The department shall be the agency responsible for

providing assistance to applicants for the waste prevention program.

4. Technical assistance. The department is authorized to undertake the

following activities including:

a. identifying secondary material markets;

b. serving as a clearinghouse of market information, market conditions

and marketing strategies for such materials; and

c. providing assistance to applicants for facilitating secondary

materials market contracting arrangements.

5. Waste prevention state assistance payments.

a. The department is authorized to provide, on a competitive basis,

within amounts appropriated, state assistance payments to assist

applicants in undertaking secondary materials market development or

waste prevention activities.

b. The department shall consider the following criteria in evaluating

project applications:

(i) the ability of the applicant to achieve the goals of the project,

including the ability to minimize, reduce, or eliminate the generation

of wastes, use or reuse waste, increase energy efficiency and/or water

conservation, improve air or water quality and/or improve process

economics;

(ii) the appropriateness of the proposed project in fulfilling

regional economic development and environmental improvement needs;

(iii) (iii) the economic and technical feasibility of the proposed

project;

(iv) the commitment of the applicant to implement the short and long

term goals of the proposed project; and

(v) the extent to which selection of the project would ensure, to the

extent practicable, a regional distribution of projects across the

state.

c. State assistance payments shall not exceed fifty percent of the

project cost; provided, however, that costs funded through other state

waste prevention programs shall not be eligible for funding under this

section.

6. Contracts for state assistance payments. The commissioner, in

consultation with the commissioner of environmental conservation, may

enter into contracts with applicants to provide state assistance

payments toward the cost of secondary materials utilization or waste

prevention projects. Such contracts shall include the following

provisions:

(i) An estimate of the costs of the project as determined by the

commissioner.

(ii) An agreement by the commissioner to make state assistance

payments toward the cost of the project by periodically reimbursing the

applicant during the progress of project development or following

completion of the project as may be agreed upon by the parties.

(iii) An agreement by the applicant:

(1) to proceed expeditiously with and complete the project as approved

by the commissioner;

(2) to continue operation of the project and not to dispose of the

project or any portion thereof or change its use without the approval of

the commissioner; and to not sell, lease or otherwise dispose of or use

lands acquired under this section for any purpose inconsistent with the

project under which such land is acquired;

(3) to operate and maintain the project in accordance with applicable

law, rules and regulations;

(4) to provide for the payment of the applicant's share of the cost of

the project;

(5) to repay, within one year of notification by the commissioner, any

state assistance payment made toward the cost of the project or an

equitable portion of such monies declared appropriate by the

commissioner, if the applicant:

(A) fails to complete the project as approved,

(B) disposes of the project, or any portion thereof, without the prior

written approval of the commissioner, or

(C) changes the use of the project, or any portion thereof, without

the prior written approval of the commissioner.

No repayment, however, shall be required where the commissioner

determines that such failure, disposition or change of use was

immediately necessary to protect public health and safety; and

(6) The department shall monitor the performance of each project and

shall require periodic and annual reports, as applicable, regarding each

secondary material utilization or waste prevention project at such time

and in such manner as prescribed by the commissioner. The commissioner

shall furnish a copy of such reports to the governor, the commissioner

of environmental conservation, the majority leader of the senate and the

speaker of the assembly.

7. Consultation. The commissioner may consult with other state

agencies as appropriate in furthering the purpose of this section.

8. Implementation. In implementing this program, the department shall

promulgate rules and regulations. Such rules and regulations may

include, but not be limited to, requirements for applications and

supporting materials. Such rules and regulations shall also provide in

all agreements for financial assistance for immediate repayment of all

such financial assistance plus interest and penalties if any portion of

a project as defined by paragraph i of subdivision one of section two

hundred sixty-one of this article is transferred out of New York state.