2010 New York Code
ENV - Environmental Conservation
Article 51 - INPLEMENTATION OF ENVIRONMENTAL QUALITY BOND ACT OF 1972
Title 9 - (51-0901 - 51-0907) 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.