N.Y. Environmental Conservation Law § 27-0503: State aid

§ 27-0503. State aid.

1. The commissioner may, in the name of the state, make or contract to

make, within the limitation of appropriations therefor, a state grant

for the payment to any municipality of not more than fifty percent of

the eligible cost of collection system development programs, preparation

of contract documents, and implementation feasibility projects.

2. The commissioner shall enter into a grant agreement pursuant to

this title only upon a finding that the municipality has given due

consideration to the items listed below or that such consideration will

be given through the fulfillment of the terms of the proposed grant

agreement. Pursuant to section 27-0505 of this title, the commissioner

shall adopt guidelines relative to the criteria for making such finding.

These guidelines shall require at least that relative to the proposed

facility, system or actions which are to be the subject of the proposed

grant agreement, due consideration shall be given to:

(a) any relevant, prior solid waste management study or report;

(b) reasonable alternatives which would achieve the same or similar

objectives, including opportunities for utilizing:

(i) existing solid waste management-resource recovery alternatives;

(ii) existing facilities of the secondary materials industry;

(iii) source separation programs and recycling centers, composting

programs; and

(iv) multi-municipal or regional arrangements for resource recovery

and solid waste management;

(c) effects on the use, conservation and production of energy; and

(d) effects on employment.

3. Payments authorized pursuant to this title shall be made in three

apportionments in accordance with the following:

(a) the first payment, not to exceed fifty percent, less retained

percentages, of the total grant shall be payable when acceptable

documents, as required to be prepared by the grant agreement, are

approved by the commissioner. In the case of collection system

development programs and implementation feasibility projects, such

documents shall include a report containing recommended actions and a

time schedule for taking such actions. In the case of preparation of

contract documents, such documents shall include construction plans and

specifications, bid advertisements, requests for proposals, or

evaluation reports of bids or proposals containing recommended actions.

(b) the balance of the grant, less retained percentages, shall be

payable:

(i) in the case of collection system development programs or

implementation feasibility projects, when the municipality officially

acts upon the recommendations contained in the approved report; and

(ii) in the case of preparation of contract documents, when contracts

are awarded or when construction begins, whichever occurs first.

(c) the final payment shall be made after appropriate audit.

(d) the department shall oversee the use of the grant to assist the

municipality.