§ 264. Waste prevention assistance. 1. Definitions. As used in this\nsection, unless a different meaning clearly appears from the context,\nthe term:\n a. "Applicant" shall mean a municipality or two or more municipalities\nor a non-profit organization.\n b. "Cost" shall mean the capital cost of an eligible project including\nengineering and architectural services, surveys, plans and\nspecifications; transportation facilities at the site or sites of the\nproject; lands acquired pursuant to conditions set forth in subdivision\nsix of this section; and other direct capital expenses incident to such\na project, less any federal assistance and other assistance received or\nto be received. For purposes of this section, "cost" shall include\ndirectly related costs for technical assistance; "cost" shall exclude\nany costs incurred prior to the effective date of this section.\n c. "Municipality" shall mean a local public authority or public\nbenefit corporation, a county, city, town, village, or Indian tribe\nresiding within New York state, or any combination thereof.\n d. "Secondary materials" shall have the definition set forth in\nsubdivision one of section two hundred sixty-one of this article.\n e. "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 not include end of pipe pollution\ncontrol technologies or practices where such controls or practices are\ndesigned primarily to achieve compliance with the environmental\nconservation law or regulations promulgated pursuant thereto, or energy\nrecovery or incineration, or out-of-process recycling or reuse of\nhazardous waste or hazardous substances.\n f. "State assistance payment" means the payment of monies by the state\nto municipalities, other governmental entities or non-profit\norganizations for undertaking, pursuant to contract, projects authorized\nby the environmental protection act which added this section to\npreserve, enhance, restore and improve the quality of the state's\nenvironment.\n g. "Waste" shall have the meaning provided in paragraph c of\nsubdivision one of section two hundred sixty-one of this article.\n 2. Purpose. The department is authorized, within amounts appropriated,\nto design and implement a waste prevention program which shall promote\neconomic development and environmental improvement.\n 3. Designation. The department shall be the agency responsible for\nproviding assistance to applicants for the waste prevention program.\n 4. Technical assistance. The department is authorized to undertake the\nfollowing activities including:\n a. identifying secondary material markets;\n b. serving as a clearinghouse of market information, market conditions\nand marketing strategies for such materials; and\n c. providing assistance to applicants for facilitating secondary\nmaterials market contracting arrangements.\n 5. Waste prevention state assistance payments.\n a. The department is authorized to provide, on a competitive basis,\nwithin amounts appropriated, state assistance payments to assist\napplicants in undertaking
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