§ 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.