Section 56-0405. Municipal recycling projects

1. As used in this section the following terms mean:
    (a)  "Recyclables  recovery  equipment" means structures, machinery or
  devices, singly or in combination, designed,  constructed  and  required
  primarily  to  separate,  process,  modify,  convert,  treat, or prepare
  collected solid waste, including household  hazardous  waste,  which  is
  included  as  part  of  a recyclables recovery program so that component
  materials or substances or recoverable resources may be used  as  a  raw
  material  for  new products or for useful purposes other than for energy
  recovery.
    (b) "Recyclables recovery program" means a  program  undertaken  by  a
  municipality   consistent  with  requirements  of  section  one  hundred
  twenty-aa  of  the  general   municipal   law   to   provide   for   the
  environmentally  sound  recovery of recyclables, primarily involving the
  collection, aggregation and processing of recyclable materials for their
  use as raw materials for new products or for other useful purposes other
  than for energy  recovery,  through  facilities  planned,  designed  and
  constructed  to  ensure  environmental  protection  and  to maximize the
  potential  for  recyclables  recovery.  Such  program  shall  have  been
  approved  by  the  commissioner and undertaken consistent with any local
  solid waste management plan pursuant to section 27-0107 of this chapter.
    (c) "Recycling project" means recyclables recovery  equipment,  source
  separation  equipment, a recyclables recovery program or any combination
  thereof required by a recyclables recovery program.
    (d) "Source separation equipment" means municipally owned:
    (i) add-ons or trailers designed  to  modify  collection  vehicles  to
  allow sorting and separation of collected wastes held for the purpose of
  recycling;
    (ii)  containers  for  the  source separation and temporary storage of
  recyclable  wastes   by   commercial,   industrial   and   institutional
  generators,  and  for  the  source  separation  and temporary storage of
  recyclable materials by single  family  and  multiple  family  dwellings
  prior to collection;
    (iii)  bins,  sheds  or  other facilities for the temporary storage of
  materials prior to transport for the purposes of recycling; and
    (iv) collection vehicles specifically designed to hold  and  transport
  source-separated recyclables.
    2.  State  assistance  payments toward the cost of municipal recycling
  projects shall be made pursuant to this title with the approval  of  the
  commissioner.
    3.  In  reviewing  applications  for  state  assistance  payments  for
  municipal  recycling  projects,  the   commissioner   shall   give   due
  consideration to:
    (a)  the  adequacy  of  the  municipality's  recycling program and its
  relationship to the needs and plans of other  municipalities;  provided,
  however,  that  such adequacy shall be determined in part by the efforts
  undertaken to date by the municipality to implement a  mandatory  source
  separation  law  or  ordinance  required pursuant to section one hundred
  twenty-aa of the general municipal law;
    (b) the suitability and feasibility of the project in relation to  the
  recycling program and the area to be served;
    (c)  the  proportion  of solid waste for which recyclables recovery is
  contemplated and the extent to which the project is consistent with  the
  statewide  solid waste recycling goals established under the state solid
  waste management plan, pursuant to section 27-0103 of this chapter;
    (d) the potential for coordination and consolidation  of  solid  waste
  management   practices  among  municipalities  within  specified  areas,
  regions or planning units;

    (e) the implementation of the system or components thereof  and  their
  expected terms of usefulness, singly or in combination;
    (f)  the  present  and  projected  population, land use, and rates and
  composition of solid waste generation;
    (g) the potential or contemplated markets  for  recovered  recyclables
  and  the  extent  to  which the full avoided costs of proper collection,
  transportation and disposal of source separated recyclables are, or  are
  projected to be, greater than the cost of collection, transportation and
  sale  of said recyclables less the amount received from the sale of said
  recyclables;
    (h) the intergovernmental arrangements integral to the project;
    (i) the non-governmental arrangements integral to the project;
    (j) the urgency of the project, in  relationship  to  all  recyclables
  recovery program needs in the state; and
    (k)  the  environmental  soundness of the project, including assurance
  that the project will meet all applicable laws, criteria, and rules  and
  regulations.
    4. 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 municipal recycling projects incurred after
  April first, nineteen hundred ninety-three which is within the state  of
  New  York  and  which  is eligible for state assistance pursuant to this
  title. 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. Upon approval of a project  application,  a  municipality
  shall  enter  into  a contract, as further provided within this article,
  with the commissioner for state assistance payments toward the  cost  of
  such project to be received pursuant to this article.
    5.  The  commissioner  may,  in  the  name  of  the  state, enter into
  contracts with  municipalities  to  provide  state  assistance  payments
  toward  the cost of municipal recycling projects which shall include the
  following provisions:
    (a) an estimate of the costs of  the  project  as  determined  by  the
  commissioner;
    (b) an agreement by the commissioner to make state assistance payments
  toward   the  cost  of  the  project  by  periodically  reimbursing  the
  municipality, during the progress of project  development  or  following
  completion  of  the  project as may be agreed upon by the parties, in an
  amount not to exceed the amounts established elsewhere  in  this  title;
  and
    (c) an agreement by the municipality:
    (i) to proceed expeditiously with and complete the project as approved
  by the commissioner;
    (ii)  to  operate  and  maintain  the  municipal  recycling project in
  accordance with applicable laws and rules and regulations;
    (iii) to provide for the payment of the municipality's  share  of  the
  cost of the project;
    (iv)  to  continue, upon evaluation of its effectiveness, operation of
  the project and not to dispose of the project or any portion thereof  or
  change its use without the approval of the commissioner;
    (v)  to assume the full cost of any continued operation of the project
  and to assume the full cost of any continued operation for a  period  no
  less than three years;
    (vi) to repay within one year of notification by the commissioner, any
  state  assistance  payments  made  toward  the cost of the project or an

  equitable  portion  of  such  moneys   declared   appropriate   by   the
  commissioner, if the municipality:
    (A) fails to complete the project as approved;
    (B) fails to continue operation of the project;
    (C) disposes of the project, or any portion thereof, without the prior
  written approval of the respective commissioner; or
    (D)  changes  the  use of the project, or any portion thereof, without
  the prior written approval of the commissioner. No  repayment,  however,
  shall  be  required where the commissioner determines that such failure,
  disposition or change of use was immediately necessary to protect public
  health and safety;
    (vii) to apply for and  make  reasonable  efforts  to  secure  federal
  assistance for the project; and
    (viii)  to  not  sell,  lease  or  otherwise  dispose  of or use lands
  acquired under this title for any purpose inconsistent with the  project
  under which such land is acquired.
    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.