§ 6603c. Implementation grants and loans for waste management

(a)(1) The Secretary may issue grants to a municipality or a group of municipalities organized as a solid waste management district or acting through or as a regional planning commission for up to 40 percent of the cost of construction of facilities proposed in, or equipment required:

(A) to implement a utility and facility element, as defined in 24 V.S.A. § 4348a, for waste stream reduction facilities that precede refuse disposal, which the Secretary finds is consistent with the State Waste Management Plan; or

(B) to implement a solid waste management plan that the Secretary has determined is consistent with the provisions of the State Waste Management Plan, is in conformance with any regional or adopted municipal plan, and is consistent with the requirements of this chapter.

(2) Grants shall not be available under this section for sanitary landfills or incineration facilities.

(3) Effective January 1, 1994, the costs of design for eligible projects shall be eligible for grants under this section.

(b)(1) A municipality or group of municipalities organized as a solid waste management district or acting through or as a regional planning commission may apply to the Secretary for grants under this section. The Secretary may review and award grants, according to the priorities established in this section to the extent that funds are available. Grants awarded under subdivision (c)(2)(C)(iii) of this section shall be made on a quarterly basis to the extent funds are available. The application shall be in a form prescribed by the Secretary and shall include:

(A) a complete description of the project and its purpose;

(B) an explanation of the role of the project in the regional, district, or municipal solid waste management plan and how and when the plan will be implemented;

(C) the cost of the project and the amount of the grant requested;

(D) evidence that all funding required for implementation of the plan, beyond that provided by this chapter, has been obtained, or will be available through user fees or other sources; and

(E) evidence that private alternatives have been considered.

(2) In making grants to projects eligible under this section, the Secretary shall give priority to proposals that are certified by the Commissioner of Health as being necessary to eliminate a hazard to human health and to those that are determined by the Secretary as being able effectively to accomplish the priorities set forth in subdivision 6604(a)(1) of this chapter.

(3) No grant awards shall be made by the Secretary until all permits or other authority for the proposed project have been obtained.

(c) When making grants the Secretary shall require cost accounting procedures and other fiscal elements necessary for proper administration of the grant.

(1) Upon selection of a recipient, award of the grant and initiation of construction, the Secretary may make periodic grant payments based on certification by the grantee showing that costs for which reimbursement is requested have been incurred and paid by the grantee. The recipient shall provide supporting evidence of payment upon the request of the Department. Partial payments shall be made not more frequently than monthly. Interest costs incurred in local short-term borrowing of the grant amount shall be reimbursed as part of the grant. After the project has been completed, the applicant has taken other necessary action, and the costs have been audited by the Secretary or an independent auditor, the Secretary shall certify the remainder of the award to the Commissioner of Finance and Management who shall issue a warrant for payment.

(2) The Secretary shall make grants under this section according to the following priorities:

(A) Any project that as of July 1, 1993 has received a positive bond vote or similar approval receives highest priority.

(B) Any project that is included in an adopted solid waste implementation plan approved by the Agency by July 1, 1993, which meets all the requirements for implementation grant funding by December 31, 1993, receives high priority. However, if a district does not come into existence until after July 1, 1993, it shall be eligible for funds under this section, if within 24 months from the date of its existence it adopts an implementation plan and obtains approval of that plan.

(C) Any project that does not meet criterion of subdivision (2)(A) or (B) of this subsection must be included in an approved solid waste implementation plan, and is subject to the following priority list in descending order:

(i) projects to manage toxic material, unregulated hazardous waste, and hazardous household waste;

(ii) projects eligible for grants under subsection 6622(d) of this title to manage other materials not appropriate for landfilling or incineration;

(iii) other projects to manage other materials not appropriate for landfilling or incineration.

(3) The Secretary may adopt rules consistent with this chapter which are necessary for proper administration of this section.

(d) The Secretary may authorize low-interest loans from the Vermont Solid Waste Revolving Fund, as provided in 24 V.S.A. chapter 120, for the construction of facilities proposed in, or equipment required to implement a utility and facility element, as defined in 24 V.S.A. § 4348a, for refuse disposal, which the Secretary finds is consistent with the State Waste Management Plan, or to implement a plan approved by the Agency of Natural Resources. (Added 1987, No. 78, § 6; amended 1989, No. 30, § 5, eff. April 27, 1989; 1989, No. 276 (Adj. Sess.), § 35, eff. June 20, 1990; 1993, No. 81, § 1; 1995, No. 62, § 45, eff. April 26, 1995; 1995, No. 185 (Adj. Sess.), § 54, eff. May 22, 1996; 2015, No. 97 (Adj. Sess.), § 32.)