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

                                  4059

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2011
                               ___________

Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
  tee on Economic Development

AN ACT creating a temporary state commission on remanufacturing;  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
of the assembly; one member shall be the president of the New York state

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06501-01-1
              

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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;
  (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.

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  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, 2013 and a final report of its findings, conclu-
sions,  and  recommendations  not  later  than  March 1, 2014, 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, 2014, when upon such date the provisions of  this
act shall expire and be deemed repealed.