N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 369-3.3

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

Section 369-3.3 - Application requirements

The following must be included in an application for state assistance for eligible projects defined in Section 369-3.2 of this Subpart:

(a) An application cover page signed by a duly authorized representative of the municipality. The application cover page must also designate a project contact person who is available to answer technical or administrative questions regarding the project application.

(b) A project description that describes the proposed project, including, but not limited to, the following:

(1) overall objectives or goals of the applicant in seeking to complete this project, such as:

(i) new municipal program components to be initiated;

(ii) predicted quantitative improvements in existing program components compared to the three previous years of data, if available, such as:

(a) decreases in waste generation and collection;

(b) increases in participation rates; and

(c) increases in sectors covered;

(iii) predicted qualitative improvements to the existing program, such as:

(a) greater program efficiency; and

(b) improved services and information provided to target audiences; and

(iv) other program goals or objectives.

(2) Service area of the project, including, but not limited to, the location, population and demographic descriptions, including data on the numbers and types of households, as well as any commercial, industrial and institutional populations to be served, or planned to be served by the project.

(3) The scope of work, detailing methods, schedules, and services required, including, but not limited to:

(i) overview of work to be performed;

(ii) individual work tasks defined in sufficient detail to describe the basic methods, procedures, and steps that will be followed; and

(iii) a listing of work products (e.g., brochures, mailers, advertisements, promotional items, etc.) to be developed by this project and their projected usage.

(4) An implementation schedule, including:

(i) monthly milestones intended to assess project progress;

(ii) projected accomplishments including all work, work tasks and work products to be undertaken in the project; and

(iii) the estimated duration or frequency of each work task of the project.

(c) A description of the consistency of the proposed project with the department-approved Comprehensive Recycling Analysis (CRA) or Local Solid Waste Management Plan (LSWMP) in effect for the municipality in which the project is located.

(1) If the project is not consistent with a department approved CRA or LSWMP, the project will be considered ineligible for state assistance funding under this Part, with the following exceptions:

(i) a project located completely within the boundaries of a planning unit which has submitted a draft LSWMP or CRA to the department for review, where the planning unit is determined by the department to be making substantial progress towards completing the CRA or LSWMP; or

(ii) an applicant that has, in the department's judgment, been prevented by circumstances beyond its control from completing the LSWMP or CRA.

(d) A project budget, including the following information.

(1) An itemized list of estimated eligible project costs necessary for completion of the project and acceptable to the department, including the following.

(i) recycling educator/coordinator costs, such as:

(a) personal services, limited to the salary of a recycling educator/coordinator and other integral personnel. All personnel must be employees of the applicant and assigned to the project for no less than 50 percent of their full-time work schedule; and

(b) fringe benefits for the recycling educator/coordinator and other integral personnel assigned to the project for no less than 50 percent of their full-time work schedule. Fringe benefit costs are limited to the employer cost of providing health/medical insurance to the recycling educator/coordinator, and the employer cost for contributions towards the retirement or pension plan of the recycling educator/coordinator. These costs must be documented and acceptable to the department.

(ii) Costs for consultant services for education, promotion, planning, public relations, or other specialized purposes, provided that the municipality demonstrates to the satisfaction of the department why the municipality does not use municipal employees or volunteers to provide these services.

(iii) Costs for supplies and materials specifically acquired and used as part of the municipal waste reduction and recycling education, promotion, planning and coordination project;

(iv) Work product production costs; and

(v) Other direct non-capital costs.

(2) Identification of all eligible costs for the project.

(3) A description of any state, federal, or other financial assistance for this project, received directly or indirectly or pending for this project or of any rebates or refunds or cost recovery associated with the project.

(e) A copy of the municipality's local source separation law or ordinance adopted pursuant to General Municipal Law (GML) section 120-aa and a description of efforts undertaken to date to implement the law or ordinance:

(1) if the applicant is a public authority, a public benefit corporation, a school district or a supervisory district, the applicant must provide a copy of the local laws or ordinances adopted pursuant to GML Section 120-aa within the applicant's service area; or

(2) if the applicant is a Native American tribe or nation, the applicant must describe waste reduction and recycling efforts undertaken within the applicant's service area.

(f) Certification that all services for this project are solicited and procured in accordance with the GML and other applicable laws, signed by a duly authorized representative of the municipality.

(g) Appropriate Minority/Women's Business Enterprise and Equal Employment Opportunity (M/WBE-EEO) documentation as required by state law.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 369-3.3

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