Section 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.