Senate Bill S2942

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2942--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 6, 2009
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations  --  recommitted  to  the Committee on Energy and Telecommuni-
  cations in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the economic development law, in relation to the New
  York state waste prevention program

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph h of subdivision 1 of section 261 of the economic
development  law,  as  amended by section 14 of part SS of chapter 59 of
the laws of 2009, is amended to read as follows:
  h. "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 consump-
tion, or
  (vii) other practices or technologies that reduce the use of hazardous
materials or otherwise improve air or water quality.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00751-02-0

              

S. 2942--A                          2

  The term "eligible project" shall also include actions taken by or  on
behalf  of a business to support costs of equipment, and/or the acquisi-
tion and/or rehabilitation of real property or structures located or  to
be  located in the state related to the collecting, sorting, and packag-
ing  of empty beverage containers as such terms are defined in title ten
of article twenty-seven of the environmental  conservation  law.    Such
actions shall be eligible for state assistance payments under the bever-
age  container  assistance  program  pursuant  to section 27-1018 of the
environmental conservation law.
  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  conser-
vation  law  or  regulations  promulgated  pursuant  thereto, or] energy
recovery or  incineration,  or  out-of-process  recycling  or  reuse  of
hazardous waste or hazardous substances.
  S  2.  Paragraph  e  of  subdivision  1 of section 264 of the economic
development law, as amended by chapter 471  of  the  laws  of  1998,  is
amended to read as follows:
  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 consump-
tion, 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 conser-
vation law or  regulations  promulgated  pursuant  thereto,  or]  energy
recovery  or  incineration,  or  out-of-process  recycling  or  reuse of
hazardous waste or hazardous substances.
  S 3. This act shall take effect immediately.