N.Y. Environmental Conservation Law 27-0109 – State assistance for local solid waste management plans
§ 27-0109. State assistance for local solid waste management plans.
Terms Used In N.Y. Environmental Conservation Law 27-0109
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Contract: A legal written agreement that becomes binding when signed.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
1. As a complement to, and in conjunction with the technical assistance provided pursuant to this chapter, and to foster and facilitate local planning, a planning unit may apply for state assistance for developing solid waste management plans pursuant to section 27-0107 of this article or to update or revise an existing plan to address the elements contained in paragraph (c) of subdivision one of such section.
2. The commissioner is authorized to contract to make a state grant, within the limit of appropriation therefor, to any planning unit for up to ninety percent of the costs to prepare, update or revise its local solid waste management plan; provided, however, that no such grant has been previously made to a planning unit which is a part of or is served by the planning unit seeking such grant. A planning unit may receive a grant pursuant to this subdivision which shall not exceed the greater of twenty-five thousand dollars or one dollar for each resident of the planning unit, based upon the current federal decennial census.
3. Applications for such assistance shall outline the proposed scope and timetable for preparation of the plan pursuant to section 27-0107 of this article. In addition, the planning unit must demonstrate its intent that the purpose of undertaking the plan is to develop a viable solution to its solid waste management needs which cannot be achieved based on an existing plan.
4. Payments authorized under this section for the preparation, update or revision of a plan shall be made as follows:
(a) not more than fifty percent of the total grant upon approval by the department of the grant request; and
(b) the balance of the total grant in not more than three periodic payments for unreimbursed costs, as provided in the contract.
5. The commissioner may, in the commissioner's discretion, deny funding to a planning unit which is within the jurisdiction of another planning unit or proposed planning unit.