Section 56-0403. Municipal landfill projects

1. As used in this title the following terms mean and include:
    (a) "Landfill" means a disposal facility or part of one at which solid
  waste,  or its residue after treatment, is intentionally placed in or on
  land, and at which solid waste will remain after closure  and  which  is
  not  a  land  spreading facility, a surface impoundment, or an injection
  well.
    (b) "Municipal landfill closure project" means  activities  undertaken
  to  close,  including  by reclamation, a landfill owned or operated by a
  municipality to achieve compliance with regulations promulgated  by  the
  department,  or  activities  undertaken  to  implement  a  landfill  gas
  management system project.
    (c) "Landfill gas management system" means a system for  the  control,
  capture,  and  management of gas created within and emitted from a solid
  waste landfill.
    (d) "Adirondack landfill project" means a project  undertaken  by  the
  state  and  a municipality or municipalities, where such project has the
  effect  of  eliminating  the  potential  for  the  disposal   of   waste
  originating  outside  the  Adirondack  park  at  a municipal solid waste
  landfill located within the Adirondack park.
    2. A municipality, upon the approval of its governing body, may submit
  an application to the commissioner, in such  form  and  containing  such
  information  as  the  commissioner  may  require,  for  state assistance
  payments toward  the  cost  of  a  municipal  landfill  closure  project
  incurred  after April first, nineteen hundred ninety-three or Adirondack
  landfill project which is within the state of  New  York  and  which  is
  eligible for state assistance pursuant to this title.
    3.  The  commissioner  shall  review  such project application and may
  approve, disapprove or recommend modifications thereto  consistent  with
  applicable law, criteria, standards or rules and regulations relative to
  such  projects.  In reviewing applications for projects pursuant to this
  section, the commissioner shall give due consideration to:
    (a) the urgency of need to provide state assistance payments  for  the
  project  in  relation to the provision of monies for other project needs
  in the state known at the time such application is made;
    (b) any adverse environmental  impact  resulting  from  the  municipal
  landfill, including effects on groundwater; and
    (c)  the  ability  of  the  municipality  to  pay for the costs of the
  project.
    4.  After  approval  of  an  application,  the  commissioner  and  the
  municipality  shall  enter into a contract for state assistance payments
  toward the cost of  such  project  which  shall  include  the  following
  provisions:
    (a) A current estimate of the cost of the project as determined by the
  commissioner at the time of the execution of the contract.
    (b) An agreement by the commissioner to make state assistance payments
  toward   the  cost  of  the  project  by  periodically  reimbursing  the
  municipality for costs incurred during the progress of the project to  a
  maximum  of  either  fifty percent of the cost, or ninety percent of the
  cost for a municipality  with  a  population  smaller  than  thirty-five
  hundred  as  determined  by the current federal decennial census, or two
  million dollars,  whichever  is  less.  The  commissioner  may  consider
  landfill  gas  management  projects  separately  from  landfill  closure
  projects. Such costs are subject to final computation and  determination
  by the commissioner upon completion of the project. For purposes of this
  subdivision, the approved project cost shall be reduced by the amount of
  any  specific  state  assistance  payments for landfill closure purposes
  received by the municipality from any source;  provided,  however,  that

  non-specific  state assistance payments such as amounts paid pursuant to
  section fifty-four of the state finance law, shall not  be  included  in
  such cost reduction.
    (c) An agreement by the municipality to proceed expeditiously with the
  project and to complete the project in accordance with plans and reports
  approved  by  the  department  and  with  the  conditions  of applicable
  permits, administrative orders or judicial orders.
    5. In administering the provisions of this title the commissioner:
    (a) shall  make  an  itemized  estimate  of  funds  or  appropriations
  requested annually for inclusion in the executive budget;
    (b)  may,  in  the  name of the state, as further provided within this
  article, contract to make,  within  the  limitations  of  appropriations
  available  therefor,  state  assistance  payments toward the costs of an
  approved project. Such contracts shall be subject  to  approval  by  the
  state comptroller and, as to form, by the attorney general;
    (c)  shall  approve  vouchers for the payments pursuant to an approved
  contract. All such payments shall be paid on the audit  and  warrant  of
  the state comptroller; and
    (d)  may  perform  such  other  and  further acts as may be necessary,
  proper or desirable to carry out the provisions of this article.
    6. A municipality shall have the power and authority to:
    (a) undertake and carry out any project  for  which  state  assistance
  payments  and  loans  pursuant  to  contract  are  received or are to be
  received pursuant to this article and maintain and operate such project;
    (b) expend money received from the state pursuant to this article  for
  costs incurred in conjunction with an approved project; and
    (c) perform such other and further acts as may be necessary, proper or
  desirable to carry out a project or obligation, duty or function related
  thereto.
    7.  Any  municipal  solid  waste  landfill or portion thereof that has
  closed or is in the process of closing that is required  by  federal  or
  state  law  or  regulation  to  install a landfill gas management system
  shall be eligible for state assistance for such landfill gas  management
  system project pursuant to this section.
    8.  Notwithstanding paragraph (b) of subdivision four of this section,
  the commissioner, the commissioners of the Adirondack park  agency,  and
  such  other  state  agencies  as  may  be appropriate, may enter into an
  agreement with  a  municipality  or  municipalities  for  an  Adirondack
  landfill project, the capital costs of which shall be eligible for state
  assistance  payments  pursuant to this section. Such project may be part
  of a locally created, region wide solution to the solid  waste  problems
  within the adirondack park.