Section 56-0407. Fresh Kills landfill closure project


Latest version.
  • 1.    The  commissioner,  in  the  name of the state, may enter into a
      contract with the city of New York for state assistance payments for the
      Fresh Kills landfill closure project.
        2.   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.
      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.