NY Env Conserv L § 51-0905 (2021)
2021 New York Laws ENV - Environmental Conservation Article 51 - Inplementation of Environmental Quality Bond Act of 1972 Title 9 - Solid Waste Recovery and Management 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.