Legislation
SECTION 54-0511
Loans for municipal landfill closure projects and municipal landfill gas management projects
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 54, TITLE 5
§ 54-0511. Loans for municipal landfill closure projects and municipal
landfill gas management projects.
1. A municipality eligible for a state assistance payment pursuant to
subdivision two of section 54-0509 of this title and which has a
population smaller than thirty-five hundred as determined by the current
federal decennial census is also eligible for a loan to a maximum of the
unfunded portion of such project.
2. Loans pursuant to this title shall be without interest and for a
term not to exceed twenty years.
3. Loan repayments under this title shall be deposited to the credit
of the environmental protection fund pursuant to subdivision two of
section ninety-two-s of the state finance law.
4. A municipality obtaining a loan under subdivision one of this
section shall enter into a contract with the commissioner. That contract
shall contain the following provisions:
a. the loan shall be repaid in appropriate equal installments. There
shall be a one percent per month surcharge for each month of delinquent
payment added to any such installment tendered more than sixty days
after the due date.
b. in the event a municipality shall fail to make any payment due to
the state pursuant to this title, the commissioner shall certify to the
comptroller and notify the chairman of the assembly ways and means
committee, the chairman of the senate finance committee, the director of
the division of the budget and the governing body of the municipality
that such municipality has failed to make such payment. Such certificate
shall be in the form as may be determined by the commissioner provided
such certificate shall specify the exact amount of principal and
surcharge required to satisfy such municipality's unpaid obligation. The
comptroller, upon receipt of such certificate from the commissioner,
shall withhold from such municipality any state aid payable to it to the
extent necessary to meet the certified amount of principal and surcharge
due the commissioner and shall immediately pay over to the environmental
protection fund the amount so withheld.
landfill gas management projects.
1. A municipality eligible for a state assistance payment pursuant to
subdivision two of section 54-0509 of this title and which has a
population smaller than thirty-five hundred as determined by the current
federal decennial census is also eligible for a loan to a maximum of the
unfunded portion of such project.
2. Loans pursuant to this title shall be without interest and for a
term not to exceed twenty years.
3. Loan repayments under this title shall be deposited to the credit
of the environmental protection fund pursuant to subdivision two of
section ninety-two-s of the state finance law.
4. A municipality obtaining a loan under subdivision one of this
section shall enter into a contract with the commissioner. That contract
shall contain the following provisions:
a. the loan shall be repaid in appropriate equal installments. There
shall be a one percent per month surcharge for each month of delinquent
payment added to any such installment tendered more than sixty days
after the due date.
b. in the event a municipality shall fail to make any payment due to
the state pursuant to this title, the commissioner shall certify to the
comptroller and notify the chairman of the assembly ways and means
committee, the chairman of the senate finance committee, the director of
the division of the budget and the governing body of the municipality
that such municipality has failed to make such payment. Such certificate
shall be in the form as may be determined by the commissioner provided
such certificate shall specify the exact amount of principal and
surcharge required to satisfy such municipality's unpaid obligation. The
comptroller, upon receipt of such certificate from the commissioner,
shall withhold from such municipality any state aid payable to it to the
extent necessary to meet the certified amount of principal and surcharge
due the commissioner and shall immediately pay over to the environmental
protection fund the amount so withheld.