S T A T E O F N E W Y O R K ________________________________________________________________________ 1443 2011-2012 Regular Sessions I N A S S E M B L Y January 10, 2011 ___________ 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: 1 Section 1. The public authorities law is amended by adding a new 2 section 3102-h to read as follows: 3 S 3102-H. NEW YORK STATE ENVIRONMENTAL TECHNOLOGY INSTITUTE. 1. FOR 4 THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW- 5 ING MEANINGS: 6 (A) "INSTITUTE" MEANS THE NEW YORK STATE ENVIRONMENTAL TECHNOLOGY 7 INSTITUTE ESTABLISHED PURSUANT TO THIS SECTION. 8 (B) "UNIVERSITY" MEANS THE ENTITIES DEFINED IN SUBDIVISION SEVENTEEN 9 OF SECTION TWO, AS ADDED BY CHAPTER SIX HUNDRED THIRTY-FOUR OF THE LAWS 10 OF NINETEEN HUNDRED FIFTY, SECTION FIVE THOUSAND SEVEN HUNDRED ONE, 11 SECTION SIX THOUSAND ONE AND SUBDIVISION TWO OF SECTION SIX THOUSAND TWO 12 HUNDRED TWO OF THE EDUCATION LAW. 13 (C) "POLLUTION PREVENTION" MEANS CHANGES IN PRODUCTION METHODS THAT 14 REDUCE, AVOID, OR ELIMINATE THE UTILIZATION OF TOXIC OR HAZARDOUS 15 SUBSTANCES OR THE GENERATION OF SUCH SUBSTANCES OR POLLUTANTS OVERALL, 16 SO AS TO REDUCE HEALTH RISKS TO PRODUCTION EMPLOYEES, THE SURROUNDING 17 COMMUNITY, CONSUMERS OF THE PRODUCT OR THE OVERALL ENVIRONMENT WITHOUT 18 SHIFTING RISKS BETWEEN SUCH PARTIES. POLLUTION PREVENTION INCLUDES THE 19 DESIGN, MANUFACTURE, OR PRODUCTION OF NEW PROCESSING TECHNIQUES, OR THE 20 REDESIGN, MODIFICATION, UPGRADE OR REPLACEMENT OF PRODUCTION PROCESSES, 21 EQUIPMENT OR IMPLEMENTATION OF NEW TECHNOLOGY; REFORMULATION OR REDESIGN 22 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 1 HOUSEKEEPING, MAINTENANCE, TRAINING, OR INVENTORY CONTROL; OR EXTENDED 2 USE OR REUSE OF MATERIALS THROUGH METHODS INTEGRAL TO THE PRODUCTION 3 PROCESS; PROVIDED, THAT POLLUTION PREVENTION MAY INCLUDE OUT-OF-PRODUC- 4 TION RECYCLING, END-OF-PIPE TREATMENT OR POLLUTION CONTROL. 5 (D) "POLLUTANT" MEANS ANY SUBSTANCE, CONTAMINANT, WASTE OR EMISSION 6 WHICH CONTRIBUTES TO POLLUTION AS DEFINED IN ARTICLE ONE OF THE ENVIRON- 7 MENTAL CONSERVATION LAW. 8 (E) "REMEDIATION" MEANS ACTIVITIES UNDERTAKEN TO ELIMINATE, REMOVE, 9 ABATE OR CONTROL ENVIRONMENTAL HAZARDS. 10 (F) "SUSTAINABLE DEVELOPMENT" MEANS ACHIEVING ECONOMIC GROWTH WHILE 11 PROTECTING AND PRESERVING THE STATE ENVIRONMENTAL RESOURCES OR MITIGAT- 12 ING THE DESTRUCTION OF SUCH ENVIRONMENTAL RESOURCES. 13 (G) "SMALL BUSINESS" SHALL HAVE THE SAME MEANING AS SET FORTH IN 14 SECTION ONE HUNDRED THIRTY-ONE OF THE ECONOMIC DEVELOPMENT LAW. 15 (H) "MEDIUM-SIZED BUSINESS" MEANS AN INDEPENDENTLY OWNED BUSINESS, NOT 16 DOMINANT IN ITS FIELD, THAT EMPLOYS FEWER THAN FIVE HUNDRED PERSONS 17 WITHIN THE STATE ON A FULL TIME BASIS. 18 (I) "MATERIALS EXCHANGE TRANSACTION" MEANS THE MATCHING OF MATERIALS 19 DISCARDED BY ONE BUSINESS WITH ANOTHER BUSINESS THAT CAN USE THE 20 DISCARDED MATERIAL AS A RESOURCE. 21 (J) "MATERIAL BY-PRODUCT" MEANS MATERIALS DISCARDED BY A BUSINESS. 22 (K) "RESEARCH INSTITUTION" MEANS A PUBLIC, QUASI-PUBLIC OR PRIVATE 23 SCIENTIFIC RESEARCH FACILITY OR INSTITUTION OF HIGHER EDUCATION LOCATED 24 WITHIN THE STATE THAT OPERATES A RESEARCH LABORATORY OR FACILITY. 25 2. THE CORPORATION SHALL CONTRACT WITH A NOT-FOR-PROFIT CORPORATION TO 26 ESTABLISH AN INSTITUTE TO BE KNOWN AS THE NEW YORK STATE ENVIRONMENTAL 27 TECHNOLOGY INSTITUTE. THE INSTITUTE MAY BE OPERATED COLLABORATIVELY BY A 28 CONSORTIUM OF UNIVERSITIES AND RESEARCH INSTITUTIONS LOCATED IN THIS 29 STATE WITH INSTITUTIONS OR ACCREDITED PROGRAMS IN ENVIRONMENTAL SCIENCE, 30 LIFE SCIENCES, BIORESEARCH, CHEMISTRY OR TECHNOLOGY RESEARCH AND DEVEL- 31 OPMENT, AND PRIVATE SECTOR INDUSTRIAL PARTNERS. THE CHIEF EXECUTIVE 32 OFFICER OR PRESIDENT OF SUCH NOT-FOR-PROFIT CORPORATION OR HIS OR HER 33 DESIGNEE SHALL SERVE AS THE PRESIDENT OF THE INSTITUTE. 34 3. THE INSTITUTE SHALL: 35 (A) DEVELOP AND ASSIST IN THE TRANSFER OF EXISTING AND NEW PROCESS 36 DESIGNS FOR POLLUTION PREVENTION, REMEDIATION AND SUSTAINABLE DEVELOP- 37 MENT; 38 (B) CONDUCT BOTH APPLIED AND THEORETICAL RESEARCH AND DEVELOPMENT, AND 39 SUPPORT DEMONSTRATION PROJECTS CONCERNING NEW OR MODIFIED INDUSTRIAL 40 PROCESSES, DESIGN OF EQUIPMENT AND, PURSUE THE ADVANCEMENT OF NEW TECH- 41 NOLOGIES FOR POLLUTION PREVENTION, REMEDIATION AND SUSTAINABLE DEVELOP- 42 MENT THAT CAN BE UTILIZED BY BUSINESS, INDUSTRY AND GOVERNMENT; 43 (C) PROVIDE A CLEARINGHOUSE FOR THE DISSEMINATION OF INFORMATION ON 44 EXISTING AND NEW INDUSTRIAL PROCESS DESIGN TECHNOLOGY FOR POLLUTION 45 PREVENTION, REMEDIATION, AND SUSTAINABLE DEVELOPMENT FOR BUSINESS, 46 INDUSTRY AND GOVERNMENT; 47 (D) PROVIDE A CLEARINGHOUSE FOR THE DISSEMINATION OF INFORMATION ON 48 THE UTILIZATION OF BUSINESS MATERIAL BY-PRODUCTS IN ORDER TO COORDINATE 49 MATERIALS EXCHANGE TRANSACTIONS AMONG IN-STATE AND OUT-OF-STATE BUSI- 50 NESSES; AND 51 (E) PROVIDE EXPERTISE AND ASSISTANCE CONCERNING INDUSTRIAL PROCESS 52 DESIGN AND ENVIRONMENTAL TECHNOLOGY TO SMALL AND MEDIUM-SIZED BUSINESSES 53 AND TO PUBLIC OFFICIALS RESPONSIBLE FOR ESTABLISHING GOVERNMENT POLICY 54 AND REGULATIONS. 55 4. (A) TO CARRY OUT SAID PURPOSES, THE INSTITUTE SHALL HAVE THE 56 AUTHORITY TO: A. 1443 3 1 (1) APPOINT OFFICERS, AGENTS AND EMPLOYEES, TO PRESCRIBE THEIR QUALI- 2 FICATIONS, AND TO FIX THEIR COMPENSATION AND TO PAY THE SAME OUT OF 3 FUNDS OF THE INSTITUTE; 4 (2) MAKE CONTRACTS AND LEASES UPON SUCH TERMS AS THE INSTITUTE SHALL 5 DEEM APPROPRIATE; AND 6 (3) ACCEPT GIFTS, GRANTS, LOANS OR CONTRIBUTIONS FROM, AND ENTER INTO 7 CONTRACTS OR OTHER TRANSACTIONS WITH, THE UNITED STATES, THE STATE OR 8 ITS AGENCIES, ANY OTHER STATE, ANY MUNICIPALITY, ANY PUBLIC OR PRIVATE 9 CORPORATION OR ANY OTHER LEGAL ENTITY, AND TO USE ANY SUCH GIFTS, 10 GRANTS, LOANS OR CONTRIBUTIONS FOR ANY OF ITS PURPOSES. 11 (B) IN EXERCISING THE POWERS GRANTED BY THIS SECTION, THE INSTITUTE 12 SHALL, INSOFAR AS PRACTICABLE, COOPERATE AND ACT IN CONJUNCTION WITH 13 INDUSTRIAL, COMMERCIAL, MEDICAL, SCIENTIFIC AND EDUCATIONAL ORGANIZA- 14 TIONS WITHIN THE STATE, THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP- 15 MENT AUTHORITY ESTABLISHED PURSUANT TO TITLE NINE OF ARTICLE EIGHT OF 16 THIS CHAPTER AND WITH AGENCIES OF THE FEDERAL GOVERNMENT, OF THE STATE 17 AND ITS POLITICAL SUBDIVISIONS, OF OTHER STATES AND JOINT AGENCIES THER- 18 EOF. 19 5. A UNIVERSITY OR RESEARCH INSTITUTION SEEKING DESIGNATION BY THE 20 FOUNDATION TO PARTICIPATE IN THE CONSORTIUM TO OPERATE SUCH INSTITUTE 21 SHALL: 22 (A) HAVE A RECORD OF CONDUCTING RESEARCH AND DEVELOPMENT RELATING TO 23 TECHNOLOGIES FOR THE PURPOSE OF POLLUTION PREVENTION, REMEDIATION AND 24 SUSTAINABILITY, OF LEVERAGING FEDERAL AND OTHER NON-STATE RESEARCH AND 25 DEVELOPMENT FUNDS FOR SUCH PURPOSES, AND OF PROVIDING TECHNICAL ASSIST- 26 ANCE TO PRIVATE INDUSTRY; 27 (B) HAVE THE DISCRETION TO ENTER INTO A FORMALIZED AGREEMENT WITH A 28 PRIVATE SECTOR INDUSTRIAL PARTNER OR PARTNERS WHO ARE PERFORMING INNOVA- 29 TIVE RESEARCH AND DEVELOPMENT FOR ENVIRONMENTAL OR DIRECTLY RELATED 30 TECHNOLOGIES; 31 (C) HAVE A PRIVATE SECTOR COMMITMENT FOR ANY MATCHING RESOURCES 32 REQUIRED BY THIS SECTION; AND 33 (D) COMMIT SUBSTANTIAL UNIVERSITY RESOURCES TO THE INSTITUTE. 34 6. THE INSTITUTE SHALL ENGAGE THE SERVICES OF CONSULTANTS FOR THE 35 PURPOSE OF CONDUCTING A PEER REVIEW OF ALL APPLICATIONS FOR PARTIC- 36 IPATION IN THE CONSORTIUM TO OPERATE THE INSTITUTE AND OF ALL INFORMA- 37 TION RELATING TO THE TRANSFER OF EXISTING AND NEW PROCESS DESIGNS FOR 38 POLLUTION PREVENTION, REMEDIATION AND SUSTAINABLE DEVELOPMENT. SUCH 39 CONSULTANTS SHALL HAVE SUBSTANTIAL EXPERIENCE IN THE ESTABLISHMENT AND 40 MANAGEMENT OF SUCH PEER REVIEW PROCESS AND SHALL MAKE RECOMMENDATIONS TO 41 THE INSTITUTE ADVISORY COMMITTEE ESTABLISHED PURSUANT TO SUBDIVISION 42 SEVEN OF THIS SECTION. 43 7. (A) THE INSTITUTE SHALL ESTABLISH AN ADVISORY COMMITTEE WHICH SHALL 44 CONSIST OF THIRTEEN INDIVIDUALS OF WHICH FOUR SHALL BE APPOINTED BY THE 45 GOVERNOR, TWO SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY, TWO 46 SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, ONE SHALL 47 BE APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY, ONE SHALL BE 48 APPOINTED BY THE MINORITY LEADER OF THE SENATE, ONE SHALL BE APPOINTED 49 BY THE COMMISSIONER OF HEALTH, ONE SHALL BE APPOINTED BY THE COMMISSION- 50 ER OF ENVIRONMENTAL CONSERVATION AND ONE SHALL BE APPOINTED BY THE 51 DIRECTORS OF THE URBAN DEVELOPMENT CORPORATION. APPOINTMENTS SHALL BE 52 MADE FROM REPRESENTATIVES OF THE FOLLOWING GROUPS: THE SCIENCE AND TECH- 53 NOLOGY COMMUNITY, THE ACADEMIC COMMUNITY, LABOR, INDUSTRY, SMALL BUSI- 54 NESS, AND THE ENVIRONMENTAL COMMUNITY. A. 1443 4 1 (B) THE MEMBERS SHALL SERVE FOR TERMS OF THREE YEARS. PROVIDED, 2 HOWEVER, THE MEMBERS OF THE ADVISORY COMMITTEE INITIALLY APPOINTED SHALL 3 BE APPOINTED FOR THE FOLLOWING TERMS: 4 (I) ONE MEMBER APPOINTED BY THE GOVERNOR, ONE MEMBER APPOINTED BY THE 5 TEMPORARY PRESIDENT OF THE SENATE, THE MEMBER APPOINTED BY THE MINORITY 6 LEADER OF THE ASSEMBLY AND THE MEMBER APPOINTED BY THE COMMISSIONER OF 7 HEALTH SHALL BE APPOINTED FOR TERMS OF ONE YEAR; 8 (II) TWO MEMBERS APPOINTED BY THE GOVERNOR, ONE MEMBER APPOINTED BY 9 THE TEMPORARY PRESIDENT OF THE SENATE, ONE MEMBER APPOINTED BY THE 10 SPEAKER OF THE ASSEMBLY AND THE MEMBER APPOINTED BY THE COMMISSIONER OF 11 ENVIRONMENTAL CONSERVATION SHALL BE APPOINTED FOR TERMS OF TWO YEARS; 12 AND 13 (III) ONE MEMBER APPOINTED BY THE GOVERNOR, ONE MEMBER APPOINTED BY 14 THE SPEAKER OF THE ASSEMBLY, THE MEMBER APPOINTED BY THE MINORITY LEADER 15 OF THE SENATE AND THE MEMBER APPOINTED BY THE DIRECTORS OF THE URBAN 16 DEVELOPMENT CORPORATION SHALL BE APPOINTED FOR TERMS OF THREE YEARS. 17 THE MEMBERS SHALL CONTINUE IN OFFICE UNTIL THE EXPIRATION OF THEIR 18 TERMS AND UNTIL THEIR SUCCESSORS ARE APPOINTED AND HAVE QUALIFIED. 19 VACANCIES SHALL BE FILLED BY THE APPOINTING OFFICIAL WHO ORIGINALLY 20 APPOINTED SUCH MEMBER WITHIN ONE YEAR OF THE DATE UPON WHICH SUCH VACAN- 21 CIES OCCUR. 22 (C) THE ADVISORY COMMITTEE SHALL: 23 (1) RENDER ADVICE ON THE DEVELOPMENT OF THE INSTITUTE'S OVERALL 24 RESEARCH AND DEVELOPMENT PROGRAM AND THE IDENTIFICATION OF RESEARCH AND 25 DEVELOPMENT PRIORITIES; 26 (2) RENDER ADVICE ON THE SOLICITATION OF RESEARCH AND DEVELOPMENT 27 PROJECT PROPOSALS; 28 (3) RENDER ADVICE ON THE TECHNICAL AND COMMERCIAL MERIT OF PROJECTS 29 WHICH THE INSTITUTE MAY WISH TO FUND OR UNDERTAKE; 30 (4) ASSIST IN ESTABLISHING PROCEDURES FOR MONITORING THE PROGRESS OF 31 FUNDED PROJECTS; 32 (5) ASSIST IN THE TECHNICAL REVIEW OF ONGOING PROJECTS; AND 33 (6) ASSIST IN FACILITATING THE DISSEMINATION OF RESEARCH RESULTS AND 34 TECHNICAL INFORMATION. 35 (D) THE ADVISORY COMMITTEE SHALL MEET AS FREQUENTLY AS ITS BUSINESS 36 MAY REQUIRE, AND AT LEAST ONCE IN EACH CALENDAR YEAR. 37 (E) ONE MEMBER SHALL BE APPOINTED BY THE COMMISSIONER OF ENVIRONMENTAL 38 CONSERVATION, OR BY HIS OR HER DESIGNEE, AS CHAIRPERSON OF THE ADVISORY 39 COMMITTEE. 40 (F) THE MEMBERS OF THE ADVISORY COMMITTEE SHALL SERVE WITHOUT COMPEN- 41 SATION, OTHER THAN REIMBURSEMENT OF ACTUAL AND NECESSARY EXPENSES. 42 (G) NO MEMBER OF THE ADVISORY COMMITTEE SHALL BE DISQUALIFIED FROM 43 HOLDING ANY PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY 44 SUCH OFFICE, BY REASON OF SUCH SERVICE WITH THE INSTITUTE, NOTWITHSTAND- 45 ING THE PROVISIONS OF ANY GENERAL, SPECIAL, OR LOCAL LAW, ORDINANCE OR 46 CITY CHARTER. 47 S 2. This act shall take effect on the one hundred eightieth day after 48 it shall have become a law.