N.Y. Environmental Conservation Law § 51-0905: Approval of municipal solid waste management projects

§ 51-0905. Approval of municipal solid waste management projects.

1. Municipal solid waste recovery and management projects shall be

undertaken pursuant to this title only with the approval of the

commissioner, and pursuant to an approved contract or contracts for

state assistance.

2. In reviewing applications for solid waste recovery and management

projects, the commissioner shall give due consideration to:

a. the adequacy of the municipality's solid waste recovery and

management system and its relationship to the needs or plans of other

area municipalities;

b. the suitability and feasibility of the project in relation to the

solid waste recovery and management system and the area to be served;

c. the proportion of solid waste for which resource recovery is

contemplated;

d. implementation of the system or components thereof and their

expected terms of usefulness, singly or in combination;

e. present and projected population, land use, and rates and

composition of solid waste generation;

f. potential or contemplated markets for recovered resources;

g. potential or contemplated opportunities for direct relationships

with other public facilities, such as for processing residual materials

from existing incinerators or treating sludge from a sewage treatment

plant;

h. intergovernmental arrangements integral to the project;

i. non-governmental arrangements integral to the project;

j. the urgency of the project, in relationship to all solid waste

management project needs in the state;

k. environmental soundness, including assurance that the project will

meet all applicable law, criteria, rules or regulations.

3. The state share of the cost of a municipal solid waste management

project shall not exceed fifty percent of the cost of resource recovery

equipment and source separation equipment and twenty-five percent of the

cost of disposal equipment. The commissioner may not otherwise limit the

state's share of the cost of small scale, low technology approaches to

resource recovery.

4. The commissioner shall annually review the status of projects which

have been the subject of appropriations in furtherance of this title to

determine whether sufficient progress has been made to warrant

continuance of such appropriations. In making such determination, the

commissioner shall take into account whether and to what extent progress

has been made in accomplishing a project feasibility study, preparation

and distribution of a request for proposals, the award of a design

contract, the award of a construction contract, the commencement of

construction, the profferment of bonds by the municipality, or other

factors reasonably indicative of progress upon the project. Primary

consideration shall be given to the reallocation of funds to meet the

requirements of section 51-0901 of this title relative to small scale,

low-technology approaches. The commissioner shall annually submit his

determination made hereunder, reflecting reallocations as appropriate,

to the governor in a form and at a time sufficient to be taken into

account by the governor and legislature in fulfilling their budgetary

responsibilities.