Section 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.