S T A T E O F N E W Y O R K
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1443
2011-2012 Regular Sessions
I N A S S E M B L Y
January 10, 2011
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Introduced by M. of A. DESTITO, ENGLEBRIGHT, MORELLE -- Multi-Sponsored
by -- M. of A. AUBRY, CANESTRARI, CASTRO, SWEENEY -- read once and
referred to the Committee on Economic Development, Job Creation,
Commerce and Industry
AN ACT to amend the public authorities law, in relation to establishing
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. The public authorities law is amended by adding a new
section 3102-h to read as follows:
S 3102-H. NEW YORK STATE ENVIRONMENTAL TECHNOLOGY INSTITUTE. 1. FOR
THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
(A) "INSTITUTE" MEANS THE NEW YORK STATE ENVIRONMENTAL TECHNOLOGY
INSTITUTE ESTABLISHED PURSUANT TO THIS SECTION.
(B) "UNIVERSITY" MEANS THE ENTITIES DEFINED IN SUBDIVISION SEVENTEEN
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" MEANS CHANGES IN PRODUCTION METHODS THAT
REDUCE, AVOID, OR ELIMINATE THE UTILIZATION OF TOXIC OR HAZARDOUS
SUBSTANCES OR THE GENERATION OF SUCH SUBSTANCES OR POLLUTANTS OVERALL,
SO AS TO REDUCE HEALTH RISKS TO PRODUCTION EMPLOYEES, THE SURROUNDING
COMMUNITY, CONSUMERS OF THE PRODUCT OR THE OVERALL ENVIRONMENT WITHOUT
SHIFTING RISKS BETWEEN SUCH PARTIES. POLLUTION PREVENTION INCLUDES THE
DESIGN, MANUFACTURE, OR PRODUCTION OF NEW PROCESSING TECHNIQUES, OR THE
REDESIGN, MODIFICATION, UPGRADE OR REPLACEMENT OF PRODUCTION PROCESSES,
EQUIPMENT OR IMPLEMENTATION OF NEW TECHNOLOGY; REFORMULATION OR REDESIGN
OF PRODUCTS, SUBSTITUTION OF INPUTS OR RAW MATERIALS; IMPROVEMENTS IN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01694-01-1
A. 1443 2
HOUSEKEEPING, MAINTENANCE, TRAINING, OR INVENTORY CONTROL; OR EXTENDED
USE OR REUSE OF MATERIALS THROUGH METHODS INTEGRAL TO THE PRODUCTION
PROCESS; PROVIDED, THAT POLLUTION PREVENTION MAY INCLUDE OUT-OF-PRODUC-
TION RECYCLING, END-OF-PIPE TREATMENT OR POLLUTION CONTROL.
(D) "POLLUTANT" MEANS ANY SUBSTANCE, CONTAMINANT, WASTE OR EMISSION
WHICH CONTRIBUTES TO POLLUTION AS DEFINED IN ARTICLE ONE OF THE ENVIRON-
MENTAL CONSERVATION LAW.
(E) "REMEDIATION" MEANS ACTIVITIES UNDERTAKEN TO ELIMINATE, REMOVE,
ABATE OR CONTROL ENVIRONMENTAL HAZARDS.
(F) "SUSTAINABLE DEVELOPMENT" MEANS ACHIEVING ECONOMIC GROWTH WHILE
PROTECTING AND PRESERVING THE STATE ENVIRONMENTAL RESOURCES OR MITIGAT-
ING THE DESTRUCTION OF SUCH ENVIRONMENTAL RESOURCES.
(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" MEANS AN INDEPENDENTLY OWNED BUSINESS, NOT
DOMINANT IN ITS FIELD, THAT EMPLOYS FEWER THAN FIVE HUNDRED PERSONS
WITHIN THE STATE ON A FULL TIME BASIS.
(I) "MATERIALS EXCHANGE TRANSACTION" MEANS THE MATCHING OF MATERIALS
DISCARDED BY ONE BUSINESS WITH ANOTHER BUSINESS THAT CAN USE THE
DISCARDED MATERIAL AS A RESOURCE.
(J) "MATERIAL BY-PRODUCT" MEANS MATERIALS DISCARDED BY A BUSINESS.
(K) "RESEARCH INSTITUTION" MEANS A PUBLIC, QUASI-PUBLIC OR PRIVATE
SCIENTIFIC RESEARCH FACILITY OR INSTITUTION OF HIGHER EDUCATION LOCATED
WITHIN THE STATE THAT OPERATES A RESEARCH LABORATORY OR FACILITY.
2. THE CORPORATION SHALL CONTRACT WITH A NOT-FOR-PROFIT CORPORATION TO
ESTABLISH AN INSTITUTE TO BE KNOWN AS THE NEW YORK STATE ENVIRONMENTAL
TECHNOLOGY INSTITUTE. THE INSTITUTE MAY BE OPERATED COLLABORATIVELY BY A
CONSORTIUM OF UNIVERSITIES AND RESEARCH INSTITUTIONS LOCATED IN THIS
STATE WITH INSTITUTIONS OR ACCREDITED PROGRAMS IN ENVIRONMENTAL SCIENCE,
LIFE SCIENCES, BIORESEARCH, CHEMISTRY OR TECHNOLOGY RESEARCH AND DEVEL-
OPMENT, AND PRIVATE SECTOR INDUSTRIAL PARTNERS. 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. THE 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 BOTH APPLIED AND THEORETICAL RESEARCH AND DEVELOPMENT, AND
SUPPORT DEMONSTRATION PROJECTS CONCERNING NEW OR MODIFIED INDUSTRIAL
PROCESSES, DESIGN OF EQUIPMENT AND, PURSUE THE ADVANCEMENT OF NEW 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 ON
EXISTING AND NEW INDUSTRIAL PROCESS DESIGN TECHNOLOGY FOR POLLUTION
PREVENTION, REMEDIATION, AND SUSTAINABLE DEVELOPMENT FOR BUSINESS,
INDUSTRY AND GOVERNMENT;
(D) PROVIDE A CLEARINGHOUSE FOR THE DISSEMINATION OF INFORMATION ON
THE UTILIZATION OF BUSINESS MATERIAL BY-PRODUCTS IN ORDER TO COORDINATE
MATERIALS EXCHANGE TRANSACTIONS AMONG IN-STATE AND OUT-OF-STATE BUSI-
NESSES; AND
(E) PROVIDE EXPERTISE AND ASSISTANCE CONCERNING INDUSTRIAL PROCESS
DESIGN AND 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:
A. 1443 3
(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, THE STATE OR
ITS AGENCIES, ANY OTHER STATE, 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 AND EDUCATIONAL ORGANIZA-
TIONS WITHIN THE STATE, THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
MENT AUTHORITY ESTABLISHED PURSUANT TO TITLE NINE OF ARTICLE EIGHT OF
THIS CHAPTER AND WITH AGENCIES OF THE FEDERAL GOVERNMENT, OF THE STATE
AND ITS POLITICAL SUBDIVISIONS, OF OTHER STATES AND JOINT AGENCIES THER-
EOF.
5. A UNIVERSITY OR RESEARCH INSTITUTION SEEKING DESIGNATION BY THE
FOUNDATION TO PARTICIPATE IN THE CONSORTIUM TO OPERATE SUCH INSTITUTE
SHALL:
(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 THE DISCRETION TO ENTER INTO A FORMALIZED AGREEMENT WITH A
PRIVATE SECTOR INDUSTRIAL PARTNER OR PARTNERS WHO ARE PERFORMING INNOVA-
TIVE RESEARCH AND DEVELOPMENT FOR ENVIRONMENTAL OR DIRECTLY RELATED
TECHNOLOGIES;
(C) HAVE A PRIVATE SECTOR COMMITMENT FOR ANY MATCHING RESOURCES
REQUIRED BY THIS SECTION; AND
(D) COMMIT SUBSTANTIAL UNIVERSITY RESOURCES TO THE INSTITUTE.
6. THE INSTITUTE SHALL ENGAGE THE SERVICES OF CONSULTANTS FOR THE
PURPOSE OF CONDUCTING A PEER REVIEW OF ALL APPLICATIONS FOR PARTIC-
IPATION IN THE CONSORTIUM TO OPERATE THE INSTITUTE AND OF ALL INFORMA-
TION RELATING TO THE TRANSFER OF EXISTING AND NEW PROCESS DESIGNS FOR
POLLUTION PREVENTION, REMEDIATION AND SUSTAINABLE DEVELOPMENT. SUCH
CONSULTANTS SHALL HAVE SUBSTANTIAL EXPERIENCE IN THE ESTABLISHMENT AND
MANAGEMENT OF SUCH PEER REVIEW PROCESS AND SHALL MAKE RECOMMENDATIONS TO
THE INSTITUTE ADVISORY COMMITTEE ESTABLISHED PURSUANT TO SUBDIVISION
SEVEN OF THIS SECTION.
7. (A) THE INSTITUTE SHALL ESTABLISH AN ADVISORY COMMITTEE WHICH SHALL
CONSIST OF THIRTEEN INDIVIDUALS OF WHICH FOUR SHALL BE APPOINTED BY THE
GOVERNOR, TWO SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY, TWO
SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, ONE SHALL
BE APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY, ONE SHALL BE
APPOINTED BY THE MINORITY LEADER OF THE SENATE, ONE SHALL BE APPOINTED
BY THE COMMISSIONER OF HEALTH, ONE SHALL BE APPOINTED BY THE COMMISSION-
ER OF ENVIRONMENTAL CONSERVATION AND ONE SHALL BE APPOINTED BY THE
DIRECTORS OF THE URBAN DEVELOPMENT CORPORATION. APPOINTMENTS SHALL BE
MADE FROM REPRESENTATIVES OF THE FOLLOWING GROUPS: THE SCIENCE AND TECH-
NOLOGY COMMUNITY, THE ACADEMIC COMMUNITY, LABOR, INDUSTRY, SMALL BUSI-
NESS, AND THE ENVIRONMENTAL COMMUNITY.
A. 1443 4
(B) THE MEMBERS SHALL SERVE FOR TERMS OF THREE YEARS. PROVIDED,
HOWEVER, THE MEMBERS OF THE ADVISORY COMMITTEE INITIALLY APPOINTED SHALL
BE APPOINTED FOR THE FOLLOWING TERMS:
(I) ONE MEMBER APPOINTED BY THE GOVERNOR, ONE MEMBER APPOINTED BY THE
TEMPORARY PRESIDENT OF THE SENATE, THE MEMBER APPOINTED BY THE MINORITY
LEADER OF THE ASSEMBLY AND THE MEMBER APPOINTED BY THE COMMISSIONER OF
HEALTH SHALL BE APPOINTED FOR TERMS OF ONE YEAR;
(II) TWO MEMBERS APPOINTED BY THE GOVERNOR, ONE MEMBER APPOINTED BY
THE TEMPORARY PRESIDENT OF THE SENATE, ONE MEMBER APPOINTED BY THE
SPEAKER OF THE ASSEMBLY AND THE MEMBER APPOINTED BY THE COMMISSIONER OF
ENVIRONMENTAL CONSERVATION SHALL BE APPOINTED FOR TERMS OF TWO YEARS;
AND
(III) ONE MEMBER APPOINTED BY THE GOVERNOR, ONE MEMBER APPOINTED BY
THE SPEAKER OF THE ASSEMBLY, THE MEMBER APPOINTED BY THE MINORITY LEADER
OF THE SENATE AND THE MEMBER APPOINTED BY THE DIRECTORS OF THE URBAN
DEVELOPMENT CORPORATION SHALL BE APPOINTED FOR TERMS OF THREE YEARS.
THE MEMBERS SHALL CONTINUE IN OFFICE UNTIL THE EXPIRATION OF THEIR
TERMS AND UNTIL THEIR SUCCESSORS ARE APPOINTED AND HAVE QUALIFIED.
VACANCIES SHALL BE FILLED BY THE APPOINTING OFFICIAL WHO ORIGINALLY
APPOINTED SUCH MEMBER WITHIN ONE YEAR OF THE DATE UPON WHICH SUCH VACAN-
CIES OCCUR.
(C) 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.
(D) THE ADVISORY COMMITTEE SHALL MEET AS FREQUENTLY AS ITS BUSINESS
MAY REQUIRE, AND AT LEAST ONCE IN EACH CALENDAR YEAR.
(E) ONE MEMBER SHALL BE APPOINTED BY THE COMMISSIONER OF ENVIRONMENTAL
CONSERVATION, OR BY HIS OR HER DESIGNEE, AS CHAIRPERSON OF THE ADVISORY
COMMITTEE.
(F) THE MEMBERS OF THE ADVISORY COMMITTEE SHALL SERVE WITHOUT COMPEN-
SATION, OTHER THAN REIMBURSEMENT OF ACTUAL AND NECESSARY EXPENSES.
(G) 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, NOTWITHSTAND-
ING THE PROVISIONS OF ANY GENERAL, SPECIAL, OR LOCAL LAW, ORDINANCE OR
CITY CHARTER.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.