§ 261. New York state waste prevention program. 1. As used in this\nsection, unless a different meaning clearly appears from the context,\nthe term:\n a. "Financing institution" shall mean and include all banks, trust\ncompanies, savings banks, savings and loan associations and credit\nunions, whether incorporated, chartered, organized or licensed under the\nlaws of this state, any other state of the United States or the federal\ngovernment. This term may also include public authorities, public\nbenefit corporations, units of local government, domestic insurance\ncompanies and not-for-profit corporations, which make loans for\nimprovements for the benefit of eligible applicants.\n b. "Eligible applicant" or "applicant" shall mean: a small to medium\nsize business or nonprofit organization which employs less than five\nhundred workers or has gross annual sales of less than ten million\ndollars.\n c. "Waste" shall have the same meaning as is found in the following\nsections of the environmental conservation law: subdivision one of\nsection 27-0701, subdivision two of section 19-0107 and subdivision five\nof section 17-0105 of the environmental conservation law. Such term\nshall also include hazardous waste that appears on the list or satisfies\nthe characteristics of hazardous waste promulgated pursuant to section\n27-0903 of the environmental conservation law. Such term shall not\ninclude source, special nuclear or by-product material as defined in the\natomic energy act of 1954, as amended.\n d. "Secondary materials" shall mean material recovered from or\notherwise destined for the waste stream, including but not limited to,\npost-consumer material, industrial scrap material and overstock or\nobsolete inventories from distributors, wholesalers and other companies\nas defined in rules and regulations promulgated by the commissioner in\nconsultation with the commissioner of environmental conservation but\nsuch term does not include those materials and by-products generated\nfrom, and commonly reused within, an original manufacturing process.\n e. "Feasibility study" shall mean a technical or economic analysis of\nthe feasibility of specific applications of waste prevention\ntechnologies or practices or both.\n f. "Waste prevention technologies" shall mean any technology employed\nto prevent wastes or to process secondary materials for use or reuse but\nshall not include technology employed for incineration of waste nor the\nprocessing of waste for use as refuse derived fuel.\n g. "Region" shall mean one or more of the economic development regions\ncreated pursuant to section 5-127 of the energy law.\n h. "Eligible project" shall mean actions taken by or on behalf of a\nNew York business involving the acquisition, construction, alteration,\nrepair or improvement of a building, fixtures, machinery or equipment,\nprovided that such project results in:\n (i) source reduction or material substitution, provided that the\nsubstitution of one hazardous substance, product or nonproduct output\nfor another does not result in the creation of a new risk,\n (ii) in-process recycling,\n (iii) recycling or reuse of non-hazardous solid wastes,\n (iv) increased energy efficiency,\n (v) conservation of the use of water or other natural resources\nimprovements in process economics,\n (vi) elimination of the purchase of materials, the production of which\nfor the use of said firm would result in more waste or resource\nconsumption, or\n (vii) other practices or technologies that reduce the use of hazardous\nmaterials or otherwise improve air or water quality.\n The term "eligible project" shall also include actions taken by or on\nbehalf of a business to support costs of equipment, and/or the\nacquisition and/or rehabilitation of real property or structures located\nor to be located in the state related to the collecting, sorting, and\npackaging of empty beverage containers as such terms are defined in\ntitle ten of article twenty-s
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