§ 51-0907. Contracts for municipal solid waste management projects.\n 1. The commissioner, in the name of the state, may enter into\ncontracts with municipalities which may include such provisions as may\nbe agreed upon by the parties thereto, and shall include, in substance,\nthe following provisions:\n a. An estimate of the reasonable cost of the project as determined by\nthe commissioner.\n b. An agreement by the commissioner to pay to the municipality, during\nthe progress of construction or following completion of construction as\nmay be agreed upon by the parties, an amount, not to exceed fifty\npercent of the cost of resource recovery equipment and source separation\nequipment, and twenty-five percent of the cost of disposal equipment.\n c. An agreement by the municipality:\n (1) to proceed expeditiously with, and complete, the project as\napproved by the commissioner;\n (2) to commence operation of the project upon its completion and not\nto dispose of the project or any portion thereof or change its use\nwithout the approval of the commissioner;\n (3) to operate and maintain the solid waste management project in\naccordance with applicable law and rules and regulations of the\ncommissioner;\n (4) to apply for and make reasonable efforts to secure federal\nassistance for the project;\n (5) to secure the approval of the commissioner before applying for\nfederal assistance, in order to maximize the amounts of such assistance\nreceived or to be received for all projects in New York state;\n (6) to provide for the payment of the municipality's share of the cost\nof the project.\n d. A provision that, in the event that federal assistance which was\nnot included in the calculation of the state payment becomes available\nto the municipality, the amount of the state payment shall be\nrecalculated with the inclusion of such federal assistance and the\nmunicipality shall pay to the state the amount by which the state\npayment actually made exceeds the state payment determined by the\nrecalculation.\n 2. In connection with each contract, the commissioner shall keep\nadequate records of the amount of the payment by the state and of the\namount of federal assistance, if any, received by the municipality.\nSuch records shall be retained by the commissioner and shall establish\nthe basis for recalculation of the state payment as required herein.\n
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