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This entry was published on 2014-09-22
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SECTION 51-0907
Contracts for municipal solid waste management projects
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 51, TITLE 9
§ 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

(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

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.