Section 324.19112 - Waste-to-energy capital grant program(1) The department shall establish a waste-to-energy capital grant program. The program shall provide funding for the capital costs of waste-to-energy programs undertaken by municipalities, nonprofit private entities, or private entities. The department shall make the grants described in this section.(2) The department shall not make a waste-to-energy capital grant unless all of the following conditions are met: (a) The proposed waste-to-energy project is located in a county that has an approved solid waste management plan.(b) The proposed waste-to-energy project is consistent with the approved solid waste management plan.(c) The applicant provides either a feasibility study with positive results supportive of project initiation or sufficient data justifying project expansion.(3) The department shall consider the following factors in selecting recipients for waste-to-energy capital grants: (a) The likelihood of project success as indicated by the feasibility study results.(b) The availability of an appropriate site.(c) A demonstration by the applicant that the materials to be collected or processed, or both, are not being recovered presently.(d) The business and accounting plans for the proposed waste-to-energy project.(e) The need for a new or expanded waste-to-energy program in the area to be served, relative to the needs of other areas.(f) The extent to which selection of the waste-to-energy program contributes to the achievement of a balanced distribution of grants throughout the state.(g) A demonstration by the applicant that land, buildings, personnel, support services, or funds have been committed to the waste-to-energy project.(h) The portion of the waste stream that is projected to be diverted from landfills, compared to the projected costs of the waste-to-energy project.(i) The potential of the waste-to-energy project to be replicated in similar areas of the state.(4) The department shall not dispense a waste-to-energy capital grant unless all the permits that are required by this part and otherwise required by state law and that are specifically applicable to the nature of the proposed project have been obtained.(5) The department shall not expend more than 30% of the total amount in the fund in any state fiscal year on the waste-to-energy capital grant program. The department shall not expend more than $2,000,000.00 for any single waste-to-energy grant made under this section.1994, Act 451, Eff. 3/30/1995 .