N.Y. Environmental Conservation Law § 51-0907: Contracts for municipal solid waste management projects

§ 51-0907. Contracts for municipal solid waste management projects.

1. The commissioner, in the name of the state, may enter into

contracts with municipalities which may include such provisions as may

be agreed upon by the parties thereto, and shall include, in substance,

the following provisions:

a. An estimate of the reasonable cost of the project as determined by

the commissioner.

b. An agreement by the commissioner to pay to the municipality, during

the progress of construction or following completion of construction as

may be agreed upon by the parties, an amount, not to exceed fifty

percent of the cost of resource recovery equipment and source separation

equipment, and twenty-five percent of the cost of disposal equipment.

c. An agreement by the municipality:

(1) to proceed expeditiously with, and complete, the project as

approved by the commissioner;

(2) to commence operation of the project upon its completion and not

to dispose of the project or any portion thereof or change its use

without the approval of the commissioner;

(3) to operate and maintain the solid waste management project in

accordance with applicable law and rules and regulations of the

commissioner;

(4) to apply for and make reasonable efforts to secure federal

assistance for the project;

(5) to secure the approval of the commissioner before applying for

federal assistance, in order to maximize the amounts of such assistance

received or to be received for all projects in New York state;

(6) to provide for the payment of the municipality's share of the cost

of the project.

d. A provision that, in the event that federal assistance which was

not included in the calculation of the state payment becomes available

to the municipality, the amount of the state payment shall be

recalculated with the inclusion of such federal assistance and the

municipality shall pay to the state the amount by which the state

payment actually made exceeds the state payment determined by the

recalculation.

2. In connection with each contract, the commissioner shall keep

adequate records of the amount of the payment by the state and of the

amount of federal assistance, if any, received by the municipality.

Such records shall be retained by the commissioner and shall establish

the basis for recalculation of the state payment as required herein.