N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 369-3.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 369-3.1 - General application procedures

(a) A municipality, upon the approval of its governing body, may submit an application to the department, in a form and containing information as the department may require, for state assistance toward the cost of an eligible project. The procedures outlined in this section are only applicable to funding provided pursuant to this Subpart.

(b) Department receipt and processing of applications.

(1) A municipality may submit only one application for state assistance for each calendar year for all eligible municipal waste reduction and recycling education, promotion, planning and coordination costs expected to be incurred during that year.

(2) Applications will be accepted by the department during the months of August, September and October of each calendar year for the following calendar year period. All applications must be received during this three-month period. Applications received after October 31st of each calendar year, other than those submitted pursuant to paragraph (3) of this subdivision, will not be accepted. All complete applications received by the department during the three-month period specified in this paragraph will be considered to have been received simultaneously.

(3) If an application is determined by the department to be incomplete, the applicant will be notified by the department, and the application may be revised and resubmitted at the discretion of the department. The department, at its own discretion, will establish a deadline for resubmission of the application, which in no instance will exceed 30 calendar days after notification that an application is incomplete.

(4) The department is authorized, at its own discretion, to combine applications from municipalities in overlapping jurisdictions.

(5) Only applicants who submit complete applications, as determined by the department, will be eligible for state assistance contracts and payments.

(6) Acceptance of an application or determination by the department that an application is complete is not to be interpreted as a guarantee or promise of funding from the department.

(7) Complete applications will be evaluated by the department and, if acceptable, will be approved for state assistance for up to 50 percent of eligible costs. If there are insufficient funds to provide 50 percent reimbursement to all applications, the department may either lower the percentage or set a dollar maximum on the level of funding to be provided to each municipality. In the event the department lowers the maximum reimbursement percentage, the lowered percentage or dollar maximum will be the same for all municipalities that submit a complete application during the application period specified in paragraph 369-3.1(b)(2) of this Subpart.

(c) A project application will be reviewed and may be approved, disapproved or modified by the department consistent with the requirements of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 369-3.1

Adopted New York State Register September 20, 2017/Volume XXXIX, Issue 38, eff. 11/4/2017

Amended New York State Register June 7, 2023/Volume XLV, Issue 23, eff. 7/22/2023

Amended New York State Register June 21, 2023/Volume XLV, Issue 25, eff. 7/23/2023