N.Y. ENV Law § 27-0503

§ 27-0503. State aid.\n 1. The commissioner may, in the name of the state, make or contract to\nmake, within the limitation of appropriations therefor, a state grant\nfor the payment to any municipality of not more than fifty percent of\nthe eligible cost of collection system development programs, preparation\nof contract documents, and implementation feasibility projects.\n 2. The commissioner shall enter into a grant agreement pursuant to\nthis title only upon a finding that the municipality has given due\nconsideration to the items listed below or that such consideration will\nbe given through the fulfillment of the terms of the proposed grant\nagreement. Pursuant to section 27-0505 of this title, the commissioner\nshall adopt guidelines relative to the criteria for making such finding.\nThese guidelines shall require at least that relative to the proposed\nfacility, system or actions which are to be the subject of the proposed\ngrant agreement, due consideration shall be given to:\n (a) any relevant, prior solid waste management study or report;\n (b) reasonable alternatives which would achieve the same or similar\nobjectives, including opportunities for utilizing:\n (i) existing solid waste management-resource recovery alternatives;\n (ii) existing facilities of the secondary materials industry;\n (iii) source separation programs and recycling centers, composting\nprograms; and\n (iv) multi-municipal or regional arrangements for resource recovery\nand solid waste management;\n (c) effects on the use, conservation and production of energy; and\n (d) effects on employment.\n 3. Payments authorized pursuant to this title shall be made in three\napportionments in accordance with the following:\n (a) the first payment, not to exceed fifty percent, less retained\npercentages, of the total grant shall be payable when acceptable\ndocuments, as required to be prepared by the grant agreement, are\napproved by the commissioner. In the case of collection system\ndevelopment programs and implementation feasibility projects, such\ndocuments shall include a report containing recommended actions and a\ntime schedule for taking such actions. In the case of preparation of\ncontract documents, such documents shall include construction plans and\nspecifications, bid advertisements, requests for proposals, or\nevaluation reports of bids or proposals containing recommended actions.\n (b) the balance of the grant, less retained percentages, shall be\npayable:\n (i) in the case of collection system development programs or\nimplementation feasibility projects, when the municipality officially\nacts upon the recommendations contained in the approved report; and\n (ii) in the case of preparation of contract documents, when contracts\nare awarded or when construction begins, whichever occurs first.\n (c) the final payment shall be made after appropriate audit.\n (d) the department shall oversee the use of the grant to assist the\nmunicipality.\n