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STATE OF NEW YORK
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1443

2011-2012 Regular Sessions

IN ASSEMBLY

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:

  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.