Waste-to-energy feasibility studies.

(1) The department shall cause to be conducted a series of waste-to-energy feasibility studies. A study shall establish a basis upon which a decision to commit financial resources to a proposed waste-to-energy project can be made. The department shall prescribe the elements to be included in the study. (2) The department shall select a site for a waste-to-energy feasibility study subject to the following prerequisites: (a) The site is located in a county that has an approved solid waste management plan. (b) The waste-to-energy project proposed is consistent with the approved solid waste management plan. (3) The department shall consider the following factors in selecting a site for a waste-to-energy feasibility study: (a) The extent to which the municipality proposing the project has done the following: (i) Held meetings to discuss a waste-to-energy project. (ii) Sought funding for studies of a waste-to-energy project. (iii) Sought feasibility data on its own. (b) The availability of letters of interest from potential energy markets. (c) Whether a recycling feasibility study for the area to be served by the proposed waste-to-energy facility is available. (d) Whether a waste-to-energy facility undertaken on the basis of the study would provide a necessary solid waste management alternative, given the status of existing disposal areas serving the location. (e) The extent to which selection of the site contributes to the achievement of a balanced distribution of studies throughout the state. (f) The demonstrated efforts of the municipality in which the site is located in working towards alternative resource recovery solutions to solid waste management problems, such as implementing recycling or composting programs in the area to be served. (g) The demonstrated capability of the municipality in which the site is located to work with adjacent municipalities on alternative resource recovery projects. (4) The department shall not expend more than 15% of the total amount in the fund in any state fiscal year for the studies described in this section. The department shall not expend more than $400,000.00 for any single study conducted under this section.