S T A T E O F N E W Y O R K
________________________________________________________________________
2199
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
___________
Introduced by M. of A. MORELLE, CHRISTENSEN -- Multi-Sponsored by -- M.
of A. KOON -- read once and referred to the Committee on Economic
Development, Job Creation, Commerce and Industry
AN ACT creating a temporary state commission on remanufacturing; and
making an appropriation therefor; and providing for the repeal of such
provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and intent. The legislature finds that
New York state's remanufacturing industry, which is composed of a wide
array of businesses, many of which are small businesses, is a vital
sector of the economy, employing thousands of people while diverting
thousands of tons of waste from entering our landfills. Remanufactured
products are the highest form of recycling, and are supplied from our
largest growth sector, small businesses. Based on these findings the
legislature finds and declares that the state should actively seek to
enhance the remanufacturing industry and increase awareness of the bene-
fits of remanufactured products.
S 2. A temporary state commission, to be known as the temporary state
commission on remanufacturing, hereinafter referred to as the commis-
sion, is hereby created to develop programs and policies for the
purposes of enhancing and fostering the introduction, expansion, and
growth of the remanufacturing industry in New York state, and remanufac-
turing efforts among state agencies.
S 3. The commission shall consist of 12 members to be appointed as
follows: one member representing the office of general services; one
member representing the New York state solid waste management board; two
members to be appointed by the governor; two members to be appointed by
the temporary president of the senate; two members to be appointed by
the speaker of the assembly; one member to be appointed by the minority
leader of the senate; one member to be appointed by the minority leader
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04908-01-9
A. 2199 2
of the assembly; one member shall be the president of the New York state
energy research and development authority or his or her designee; and
one to be appointed by the comptroller. The appointees shall include
representatives of the remanufacturing industry and government sectors
and of the public at large. The speaker shall designate the chairman and
vice-chairman. Vacancies in the membership of the commission and among
its officers shall be filled in the manner provided for original
appointments.
S 4. The commission in conjunction with a not-for-profit research
university located in New York state that is nationally recognized as
having expertise in remanufacturing issues, shall:
(a) target industries which would have a positive effect on New York
state and its residents and would be beneficial to the financial well
being of this state;
(b) develop programs with New York state colleges and universities to
train students to work in the selected target industries;
(c) assess the use of remanufactured products in New York state agen-
cies, boards, authorities, commissions, courts, and colleges; and
(d) assist agencies in promoting broader awareness of the availability
and performance attributes of remanufactured products in the market
place. Educational efforts should be directed to consumers through
agency publications, conferences, and encouragement of manufacturer
disclosures where the manufacturer's cooperation can be secured. Those
involved should include: the department of environmental conservation,
department of economic development, office of general services, consumer
protection board, environmental facilities corporation, department of
transportation, and the legislature;
(e) in order to encourage the increased use of remanufactured goods,
the commission shall recommend the development of appropriate industrial
standards to assure quality performance;
(f) conduct a survey of remanufacturing activities in New York state
in cooperation with industry and academic institutions, to develop a
database from which policies to advance the marketing of remanufactured
goods can be identified; and
(g) institute a public outreach campaign to inform the general public
and state agency purchasing officials on the benefits of using remanu-
factured products and to address concerns regarding availability,
performance, and quality of such products. Such campaign shall include,
but not be limited to developing printed informational materials promot-
ing the benefits of using remanufactured products. Such informational
material shall be available in both English and Spanish language
versions and may include but not be limited to the following:
(1) The remanufacturing industry is a vital sector of New York state's
economy, employing thousands of people, including providing employment
opportunities for people with disabilities and those seeking to be
removed from the welfare rolls;
(2) Remanufacturing restores durable products to serve their original
function by replacing worn or damaged parts;
(3) The use of remanufactured products prevents thousands of tons of
solid waste from entering our landfills, conserves energy and natural
resources, and is the highest form of recycling; and
(4) Purchasing remanufactured products can save as much as 50 percent
of the cost of purchasing new products.
S 5. The commission may employ and at pleasure remove such personnel
as it may deem necessary for the performance of its functions and fix
their compensation within the amounts made available therefor.
A. 2199 3
S 6. The commission may meet within and without the state, shall hold
public hearings, and shall have all the powers of a legislative commit-
tee pursuant to the legislative law.
S 7. The members of the commission shall receive no compensation for
their services, but shall be allowed their actual and necessary expenses
incurred in the performance of their duties hereunder.
S 8. To the maximum extent feasible, the commission shall be entitled
to request and receive and shall utilize and be provided with such
facilities, resources, and data of any court, department, division,
board, bureau, commission, or agency of the state or any political
subdivision thereof as it deems necessary or desirable to carry out
properly its powers and duties hereunder.
S 9. The commission shall make a preliminary report to the governor
and the legislature of its findings, conclusions, and recommendations
not later than March 1, 2011 and a final report of its findings, conclu-
sions, and recommendations not later than March 1, 2012, and shall
submit with its reports such legislative proposals as it deems necessary
to implement its recommendations.
S 10. The sum of one hundred fifty thousand dollars ($150,000), or so
much thereof as may be necessary, is hereby appropriated to the tempo-
rary state commission created pursuant to section two of this act from
any moneys in the state treasury in the general fund to the credit of
the local assistance account not otherwise appropriated for services and
expenses of the commission for the purposes of carrying out the
provisions of this act. Such sum shall be payable on the audit and
warrant of the state comptroller on vouchers certified or approved by
the chair of such commission, or the chair's duly designated represen-
tative in the manner provided by law. No expenditure shall be made from
this appropriation until a certificate of approval of availability shall
have been issued by the director of the budget and filed with the state
comptroller and a copy filed with the chair of the senate finance
committee and the chair of the assembly ways and means committee. Such
certificate may be amended from time to time by the director of the
budget and a copy of each such amendment shall be filed with the state
comptroller, the chair of the senate finance committee and the chair of
the assembly ways and means committee.
S 11. Within the amounts appropriated therefor, the commission shall
make grants for the following purposes:
(a) to increase the numbers and improve the training of remanufactur-
ers;
(b) to improve procedures for the testing of remanufactured products;
and
(c) create a tax credit or other similar incentives.
S 12. This act shall take effect on the one hundred eightieth day
after it shall have become a law; and shall remain in full force and
effect until March 31, 2012, when upon such date the provisions of this
act shall expire and be deemed repealed.