S T A T E O F N E W Y O R K
________________________________________________________________________
527
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. DESTITO, ENGLEBRIGHT, BRODSKY, MORELLE -- Multi-
Sponsored by -- M. of A. ALFANO, AUBRY, BARRA, CANESTRARI, KOON, SWEE-
NEY -- read once and referred to the Committee on Economic Develop-
ment, Job Creation, Commerce and Industry
AN ACT to amend the public authorities law, in relation to creating the
New York state environmental technology institute within the science
and technology foundation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Statement of legislative intent. The citizens of the state
of New York require both a prosperous economy and a healthy environment.
These two public goals are not necessarily incompatible. Many businesses
have come to recognize that by changing their manufacturing processes,
they can simultaneously reduce pollution and costs, thereby increasing
their competitiveness and spurring job growth. Additionally new technol-
ogies have advanced efforts to remediate and renew contaminated proper-
ties, allowing them to be redeveloped, and thus, contributing new jobs
to the economy.
Government and industry have come closer to achieving a common under-
standing, with industry recognizing the need and responsibility to
protect the environment and government acknowledging the limitations of
command and control regulations. Technological advances have demon-
strated that both environmental and economic goals can be met without
jeopardizing either objective.
The merging of economic growth and environmental responsibility has
been termed sustainability. A strategy of sustainable development meets
the needs of the present without compromising the well-being of future
generations. By focusing strategically on technology development, busi-
nesses can translate environmental opportunities into substantial
growth.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01304-01-9
A. 527 2
It is the intent of the legislature to foster partnerships between
government, business, environmental organizations, and universities to
promote sustainable economic development that will accomplish both the
state's economic development and environmental goals.
S 2. The public authorities law is amended by adding a new section
3102-f to read as follows:
S 3102-F. NEW YORK STATE ENVIRONMENTAL TECHNOLOGY INSTITUTE. 1. FOR
THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
(A) "INSTITUTE" SHALL MEAN THE NEW YORK STATE ENVIRONMENTAL TECHNOLOGY
INSTITUTE ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
(B) "UNIVERSITY" SHALL MEAN THE ENTITIES DEFINED IN SUBDIVISION SEVEN-
TEEN OF SECTION TWO, AS ADDED BY CHAPTER SIX HUNDRED THIRTY-FOUR OF THE
LAWS OF NINETEEN HUNDRED FIFTY, SECTION FIVE THOUSAND SEVEN HUNDRED ONE,
SECTION SIX THOUSAND ONE, AND SUBDIVISION TWO OF SECTION SIX THOUSAND
TWO HUNDRED TWO OF THE EDUCATION LAW.
(C) "POLLUTION PREVENTION" SHALL MEAN CHANGES IN PRODUCTION METHODS OF
RAW MATERIALS THAT REDUCE, AVOID, OR ELIMINATE THE USE OF TOXIC OR
HAZARDOUS SUBSTANCES OR THE GENERATION OF SUCH SUBSTANCES OR POLLUTANTS
PER UNIT OF PRODUCT, SO AS TO REDUCE RISKS TO THE HEALTH OF WORKERS,
CONSUMERS, OR THE ENVIRONMENT WITHOUT SHIFTING RISKS BETWEEN WORKERS,
CONSUMERS, OR ENVIRONMENTAL MEDIA. POLLUTION PREVENTION INCLUDES THE
REDESIGN, MODIFICATION, UPGRADE OR REPLACEMENT OF PRODUCTION PROCESSES,
EQUIPMENT OR TECHNOLOGY; REFORMULATION OR REDESIGN OF PRODUCTS, SUBSTI-
TUTION OF INPUTS OR RAW MATERIALS; IMPROVEMENTS IN HOUSEKEEPING, MAINTE-
NANCE, TRAINING, OR INVENTORY CONTROL; AND EXTENDED USE OR REUSE OF
MATERIALS THROUGH METHODS INTEGRAL TO THE PRODUCTION PROCESS, SUCH AS
IN-PROCESS, CLOSED-LOOP RECYCLING; PROVIDED HOWEVER, POLLUTION
PREVENTION DOES NOT INCLUDE INCINERATION, TRANSFER FROM ONE MEDIUM OF
RELEASE OR DISCHARGE TO OTHER MEDIA, OFF-SITE OR OUT-OF-PRODUCTION RECY-
CLING, END-OF-PIPE TREATMENT OR POLLUTION CONTROL.
(D) "POLLUTANT" SHALL MEAN ANY SUBSTANCE, CONTAMINANT, WASTE OR EMIS-
SION WHICH CONTRIBUTES TO POLLUTION AS DEFINED IN ARTICLE ONE OF THE
ENVIRONMENTAL CONSERVATION LAW.
(E) "REMEDIATION" SHALL MEAN ACTIVITIES UNDERTAKEN TO ELIMINATE,
REMOVE, ABATE, OR CONTROL ENVIRONMENTAL HAZARDS.
(F) "SUSTAINABLE DEVELOPMENT" SHALL MEAN ACHIEVING ECONOMIC GROWTH
WHILE PROTECTING AND PRESERVING THE ENVIRONMENT AND RESOURCES FOR FUTURE
GROWTH.
(G) "SMALL BUSINESS" SHALL HAVE THE SAME MEANING AS SET FORTH IN
SECTION ONE HUNDRED THIRTY-ONE OF THE ECONOMIC DEVELOPMENT LAW.
(H) "MEDIUM-SIZED BUSINESS" SHALL MEAN AN INDEPENDENTLY OWNED BUSI-
NESS, NOT DOMINANT IN ITS FIELD, THAT EMPLOYS FEWER THAN FIVE HUNDRED
PERSONS WITHIN THE STATE ON A FULL TIME BASIS.
(I) "MATERIALS EXCHANGE TRANSACTION" SHALL MEAN THE ACTIVITY OF MATCH-
ING MATERIALS DISCARDED BY ONE BUSINESS WITH ANOTHER COMPANY THAT CAN
USE THE DISCARDED MATERIAL AS A RESOURCE.
(J) "MATERIAL BY-PRODUCT" SHALL MEAN MATERIALS DISCARDED BY A BUSI-
NESS.
2. THE BOARD OF DIRECTORS SHALL CONTRACT WITH A NOT-FOR-PROFIT CORPO-
RATION ORGANIZED PURSUANT TO SECTION ONE HUNDRED TEN OF CHAPTER
SIXTY-THREE OF THE LAWS OF NINETEEN HUNDRED NINETY-FOUR TO ESTABLISH AN
INSTITUTE TO BE KNOWN AS THE NEW YORK STATE ENVIRONMENTAL TECHNOLOGY
INSTITUTE. THE INSTITUTE SHALL BE OPERATED COLLABORATIVELY BY A CONSOR-
TIUM OF UNIVERSITIES LOCATED IN NEW YORK STATE WITH INSTITUTIONS OR
ACCREDITED PROGRAMS IN ENVIRONMENTAL SCIENCE OR TECHNOLOGY RESEARCH AND
A. 527 3
DEVELOPMENT, AND PRIVATE SECTOR INDUSTRIAL PARTNERS; WHICH UNIVERSITIES
SHALL BE SELECTED BY THE BOARD AND DESIGNATED AS THE CONSORTIUM OF
UNIVERSITIES TO PARTICIPATE IN THE OPERATIONS OF SUCH INSTITUTE. THE
CHIEF EXECUTIVE OFFICER OR PRESIDENT OF SUCH NOT-FOR-PROFIT CORPORATION
OR HIS OR HER DESIGNEE SHALL SERVE AS THE PRESIDENT OF THE INSTITUTE.
3. SUCH INSTITUTE SHALL:
(A) DEVELOP AND ASSIST IN THE TRANSFER OF EXISTING AND NEW PROCESS
DESIGNS FOR POLLUTION PREVENTION, REMEDIATION, AND SUSTAINABLE DEVELOP-
MENT;
(B) CONDUCT RESEARCH AND DEVELOPMENT, AND DEMONSTRATION PROJECTS
CONCERNING NEW OR MODIFIED INDUSTRIAL PROCESS DESIGN EQUIPMENT OR TECH-
NOLOGIES FOR POLLUTION PREVENTION, REMEDIATION, AND SUSTAINABLE DEVELOP-
MENT THAT CAN BE UTILIZED BY BUSINESS, INDUSTRY, AND GOVERNMENT;
(C) PROVIDE A CLEARINGHOUSE FOR THE DISSEMINATION OF INFORMATION AND
DATA ON EXISTING AND NEW INDUSTRIAL PROCESS DESIGN TECHNOLOGY FOR
POLLUTION PREVENTION, REMEDIATION, AND SUSTAINABLE DEVELOPMENT FOR BUSI-
NESS, INDUSTRY AND GOVERNMENT;
(D) PROVIDE A CLEARINGHOUSE FOR THE DISSEMINATION OF INFORMATION AND
DATA ON COMPANIES' MATERIAL BY-PRODUCTS IN ORDER TO COORDINATE MATERIALS
EXCHANGE TRANSACTIONS AMONG NEW YORK STATE BUSINESSES; AND
(E) PROVIDE EXPERTISE AND ASSISTANCE CONCERNING INDUSTRIAL PROCESS
DESIGN ENVIRONMENTAL TECHNOLOGY TO SMALL AND MEDIUM-SIZED BUSINESSES AND
TO PUBLIC OFFICIALS RESPONSIBLE FOR ESTABLISHING GOVERNMENT POLICY AND
REGULATIONS.
4. (A) TO CARRY OUT SAID PURPOSES, THE INSTITUTE SHALL HAVE THE
AUTHORITY TO:
(1) APPOINT OFFICERS, AGENTS, AND EMPLOYEES, TO PRESCRIBE THEIR QUALI-
FICATIONS AND TO FIX THEIR COMPENSATION AND TO PAY THE SAME OUT OF FUNDS
OF THE INSTITUTE;
(2) MAKE CONTRACTS AND LEASES UPON SUCH TERMS AS THE INSTITUTE SHALL
DEEM APPROPRIATE; AND
(3) ACCEPT GIFTS, GRANTS, LOANS OR CONTRIBUTIONS FROM, AND ENTER INTO
CONTRACTS OR OTHER TRANSACTIONS WITH, THE UNITED STATES AND THE STATE OR
ANY AGENCY OF EITHER OF THEM, ANY MUNICIPALITY, ANY PUBLIC OR PRIVATE
CORPORATION OR ANY OTHER LEGAL ENTITY, AND TO USE ANY SUCH GIFTS,
GRANTS, LOANS OR CONTRIBUTIONS FOR ANY OF ITS PURPOSES.
(B) IN EXERCISING THE POWERS GRANTED BY THIS SECTION, THE INSTITUTE
SHALL, INSOFAR AS PRACTICABLE, COOPERATE AND ACT IN CONJUNCTION WITH
INDUSTRIAL, COMMERCIAL, MEDICAL, SCIENTIFIC, PUBLIC INTEREST AND EDUCA-
TIONAL ORGANIZATIONS WITHIN THE STATE, THE NEW YORK STATE ENERGY
RESEARCH DEVELOPMENT AUTHORITY ESTABLISHED PURSUANT TO TITLE NINE OF
ARTICLE EIGHT OF THIS CHAPTER AND WITH AGENCIES OF THE FEDERAL GOVERN-
MENT, OF THE STATE AND ITS POLITICAL SUBDIVISIONS, OF OTHER STATES, AND
JOINT AGENCIES THEREOF.
5. A UNIVERSITY SEEKING DESIGNATION BY THE FOUNDATION TO PARTICIPATE
IN THE CONSORTIUM TO OPERATE SUCH INSTITUTE SHALL BE REQUIRED TO:
(A) HAVE A RECORD OF CONDUCTING RESEARCH AND DEVELOPMENT RELATING TO
TECHNOLOGIES FOR THE PURPOSE OF POLLUTION PREVENTION, REMEDIATION, AND
SUSTAINABILITY, OF LEVERAGING FEDERAL AND OTHER NON-STATE RESEARCH AND
DEVELOPMENT FUNDS FOR SUCH PURPOSES, AND OF PROVIDING TECHNICAL ASSIST-
ANCE TO PRIVATE INDUSTRY;
(B) HAVE A FORMALIZED AGREEMENT WITH A PRIVATE SECTOR INDUSTRIAL PART-
NER OR PARTNERS WHO ARE PERFORMING LEADING-EDGE RESEARCH AND DEVELOPMENT
FOR ENVIRONMENTAL OR DIRECTLY RELATED TECHNOLOGIES;
(C) HAVE A PRIVATE SECTOR COMMITMENT FOR ANY MATCHING RESOURCES
REQUIRED BY THIS SECTION; AND
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(D) COMMIT SUBSTANTIAL UNIVERSITY RESOURCES TO THE INSTITUTE.
6. (A) THE INSTITUTE SHALL ESTABLISH AN ADVISORY COMMITTEE WHICH SHALL
CONSIST OF ELEVEN INDIVIDUALS OF WHICH THREE SHALL BE APPOINTED BY THE
GOVERNOR, THREE APPOINTED BY THE SPEAKER OF THE ASSEMBLY, THREE TO BE
APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, ONE TO BE APPOINTED
BY THE MINORITY LEADER OF THE ASSEMBLY, AND ONE TO BE APPOINTED BY THE
MINORITY LEADER OF THE SENATE. APPOINTMENTS SHALL BE MADE FROM REPRESEN-
TATIVES OF THE FOLLOWING GROUPS: THE SCIENCE AND TECHNOLOGY COMMUNITY,
ACADEMIC COMMUNITY, LABOR, INDUSTRY, SMALL BUSINESS, THE ENVIRONMENTAL
COMMUNITY, AND GOVERNMENT.
(B) THE ADVISORY COMMITTEE SHALL:
(1) RENDER ADVICE ON THE DEVELOPMENT OF THE INSTITUTE'S OVERALL
RESEARCH AND DEVELOPMENT PROGRAM AND THE IDENTIFICATION OF RESEARCH AND
DEVELOPMENT PRIORITIES;
(2) RENDER ADVICE ON THE SOLICITATION OF RESEARCH AND DEVELOPMENT
PROJECT PROPOSALS;
(3) RENDER ADVICE ON THE TECHNICAL AND COMMERCIAL MERIT OF PROJECTS
WHICH THE INSTITUTE MAY WISH TO FUND OR UNDERTAKE;
(4) ASSIST IN ESTABLISHING PROCEDURES FOR MONITORING THE PROGRESS OF
FUNDED PROJECTS;
(5) ASSIST IN THE TECHNICAL REVIEW OF ONGOING PROJECTS; AND
(6) ASSIST IN FACILITATING THE DISSEMINATION OF RESEARCH RESULTS AND
TECHNICAL INFORMATION.
(C) MEMBERS OF THE ADVISORY COMMITTEE SHALL RECEIVE NO COMPENSATION
FOR THEIR SERVICES, BUT SHALL BE REIMBURSED FOR THE REASONABLE EXPENSES
ACTUALLY AND NECESSARILY INCURRED IN THE PERFORMANCE OF THEIR DUTIES
UNDER THIS SECTION. NO MEMBER OF THE ADVISORY COMMITTEE SHALL BE
DISQUALIFIED FROM HOLDING ANY PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE
OR SHE FORFEIT ANY SUCH OFFICE, BY REASON OF SUCH SERVICE WITH THE
INSTITUTE, NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL, OR
LOCAL LAW, ORDINANCE OR CITY CHARTER.
(D) NO MEMBER OF THE ADVISORY COMMITTEE SHALL PARTICIPATE IN A DECI-
SION ON ANY PROPOSAL BY OR CONTRACT WITH AN ORGANIZATION WITH WHICH SUCH
MEMBER IS AFFILIATED. IN THE CASE OF A MEMBER AFFILIATED WITH A PUBLIC
OR PRIVATE COLLEGE OR UNIVERSITY, THIS PROHIBITION SHALL APPLY TO A
DECISION REGARDING THE SPECIFIC COLLEGE OR UNIVERSITY WITH WHICH SUCH
MEMBER IS AFFILIATED.
S 3. This act shall take effect immediately.