2023 New York Laws › ENV - Environmental Conservation › Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste › Title 5 - State Aid for Implementation of Resource Recovery and Other Improved Solid Waste Management Systems › 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.