§ 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.