Section 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
  commissioner;
    (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
  recalculation.
    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.