990 CMR 9.03
Authority to Apply
The Council shall accept applications for Technical Assistance Grants from the following:
(1) in the case of a host community, the local assessment committee;
(2) in the case of an abutting community, the chief executive officer;
(3) in the case of a joint application by abutting communities, an agency or person authorized in writing
by the chief executive officer of each abutting community to act on its behalf in applying for and
administering the technical assistance grant funds; or
9.03: continued
(4) in the case of a joint application by abutting communities and a host community, the host
community, provided that the host community is authorized in writing by the chief executive officer of
each abutting community to act on its behalf in applying for and administering the technical assistance
grant funds.
(1) Content. Except as provided in 990 CMR 9.04(2), an application for a Technical Assistance
Grant must be filed with the Council and shall include the following information:
(a)
an opening statement describing the activities that will be engaged in pursuant to M.G.L.
c. 21D;
(b) a work program describing the scope, sequence and timing ofmajor tasks to be undertaken;
(c) a proposed budget including estimates of staff costs, consultants, engineers, lawyers and other
expenses. A narrative supportingthe budget shallexplainthe basis for each estimate and why the
product or service is needed;
(d) a copy of any written authorization to act as an applicant under 990 CMR 9.03(3) or (4).
(2) Advance Funding. An eligible host communitymayelect to applyfor up to five thousand dollars
in advance of submission and review of a formal application pursuant to 990 CMR 9.04 (2) and 9.07,
provided that any amount so advanced shall be deducted from any future grant award which the
Council may authorize. A letter from the localassessment committee shallserve as an application for
such advance funding. The Council may also award similar advance funding to abutting communities,
if their chief executive officer so requests in a letter to the Council. Any such award to an abutting
community shall occur only after a determinationbythe Council that such community is directly affected
by the project and that failure to grant its request will substantially reduce its ability to participate in the
siting process.
(3) Filing. Copies of the grant application or advance funding letter shall be filed with the Executive
Secretary of the Council, the Division of Community Services, Executive Office of Communities and
Development, and the Bureau of Solid Waste Disposal, Department of Environmental Management.
(1) In determining whether a Technical Assistance Grant should be awarded the Council shall
consider whether:
(a) the funds will be expended on products or services clearly related to the community's efforts
to participate in the siting process;
(b) the fees for the products and services to be financed by the grant are reasonable;
(c) the application does not seek to unnecessarily duplicate analyses already conducted;
(d) the application evidencesaplanfor cooperative action between host communities and abutting
communities;
(e) the application assists the community or communities most directly affected by the proposed
facility;
(f) sufficient funds are available to the Council, given the needs of all communities participating in
the siting process and given the estimated number of Notices of Intent to be submitted to the
Council.
(2) In addition to the above criteria, whenever determining whether a request for an additional
Technical Assistance Grant is necessary and appropriate, the Council shall also consider whether the
funds from previous grants were properly expended for the assistance requested.
The Council may fund all or part of the assistance requested, up to a maximum of $15,000 per
grant award. Recipient communities may petition the Council for additional grants.
The Council shall act on a complete application from an eligible applicant within 30 days after it is
received and shall send written notification of its decision on each grant application to the applicant and
the developer.
Funds shall be awarded as specified in a Technical Assistance Grant contract between the Council
and the grant recipient(s).
At any time following receipt of notice of denial or partial denial of a Technical Assistance Grant,
the local assessment committee of a host community or the chief executive officer of an abutting
community may file a written request for reconsideration with the Council.
(1) Content. The request shall contain all the information the applicant desires the Council to consider
in reviewing the reconsideration request.
(2) Decision. The Council shall render a decision within 45 days of receipt of a request for
reconsideration, and shall send written notification thereof to the applicant and the developer.