NY Econ Dev L § 250 (2021)
2021 New York Laws COM - Economic Development Law Article 13 - Industrial Infrastructure Development Program 250 - Industrial Infrastructure Development Program.

§  250. Industrial infrastructure development program. 1. Definitions. As used in this article, unless a different meaning clearly appears from the context, the following terms shall have the following meanings:  (a) "Eligible applicant". Eligible applicants may submit proposals  to the  appropriate  regional  office  of the department and such applicant shall be any state agency involved in promoting the economic development of the state including, but not limited to, the departments of  economic development,   agriculture   and   markets,  transportation,  the  urban development  corporation  and  the  job  development  authority,  or   a municipality,  an  industrial  development  agency  or local development corporation.  (b) "Industrial  infrastructure  development  project"  shall  mean  a project  for  the  design,  acquisition of property, construction and/or reconstruction in connection with storm and  sanitary  sewers,  electric and  gas  service  distribution  lines,  water  supply systems, drainage systems and site clearance, preparation, improvements, and demolition.  (c) "Industrial facility" shall mean any type of facility to  be  used or  occupied by any person in an enterprise deemed to offer a reasonable likelihood for promoting the creation or retention of job  opportunities in  the  state  and  includes,  but  is  not  limited  to, industrial or manufacturing plants, facilities for research and development  purposes, facilities   for   conducting   wholesale,  receiving  and  distributing operations, facilities for  conducting  office  operations,  warehousing operations,  agricultural  operations, or any other operation dealing in the exchange of goods, wares, services or other types of property of any type or description. Facilities supporting primarily  retail  commercial operations are not defined as industrial facilities.  (d) "State   agency"   shall   mean   an  office,  department,  board, commission,   bureau,   division,   public   corporation,   agency    or instrumentality of the state.   2.  Project  eligibility.  Eligible  projects shall include industrial infrastructure projects which  are  an  integral  part  of  an  economic development  effort  which will retain, attract, expand or revitalize an industrial facility. Projects on which construction has  been  initiated are ineligible for funding under this program.   3.  Eligible  costs.  The  following  costs  are  eligible for funding through this program:  (a) industrial infrastructure development project design costs;  (b) costs  for  completing  and  updating  plans,  specifications  and estimates  where preliminary engineering or related planning has already been undertaken,  and  where  additional  engineering  work  or  related planning   is   required   to  permit  construction  of  the  industrial infrastructure development project;  (c) costs associated with standard construction activities  which  are reasonable costs of construction work performed under contract; and  (d) acquisition of real property.   4.  Ineligible costs. The following costs are not eligible for funding under this program:  (a)  expenses  or  other  engineering  costs  incurred  prior  to  the industrial  infrastructure  development  project  initiation, related to administration, planning or estimates;  (b) any expense required to carry out the overall responsibilities  of the eligible applicant, such as administrative costs; and  (c)  municipal  personal  services  costs  of  a regular and recurring nature.   5. Project costs. For any single industrial infrastructure development project, costs shall not exceed two hundred fifty  thousand  dollars  of state funds.    6.  Application  process. Proposals shall include the following: (a) a description  of  the  industrial  infrastructure  development   project, including  provisions for public use and maintenance for the useful life of the facility to be provided by the project,  if  appropriate;  (b)  a description  of  how  the  economic  development  project related to the industrial infrastructure development project  is  consistent  with  the regional   economic   development  strategy  and  the  state's  economic development goals; (c) an estimation of the number of jobs to be created or retained by the economic development project; (d)  a  description  of the  financing  and implementation schedule for the economic development project demonstrating the need for state participation in the industrial infrastructure development project component; (e) an affirmation by  the responsible  public  or  corporate  official to the effect that existing funding programs are not available or  appropriate  for  the  industrial infrastructure  development project due to funding availability; and (f) a description of the method or plans for repayment to the  state  of  at least fifty percent of the industrial infrastructure development project costs.   7.  Evaluation criteria. Applications shall be evaluated in accordance with the following criteria:  (a) the total number of jobs created or retained per  dollar  invested in the industrial infrastructure development project;  (b) consistency with the appropriate regional development strategy;  (c)  the impact on existing and proposed economic development projects and programs and appropriateness of the proposed project concept;  (d) the impact on existing infrastructure facilities and services,  if any;  (e) the availability of alternate funding sources;  (f)  the repayment ability of the party who is designated to make such repayment; and  (g) demonstration by the industrial facility  of  its  commitment  and ability  to  carry  out  the economic development project related to the industrial infrastructure development project.   8. On or before October first, nineteen hundred eighty-eight and on or before October first of  each  year  thereafter,  the  department  shall submit  to  the  governor  and  the  legislature  a report regarding the current status of the  industrial  infrastructure  development  program. Such report shall include, but not be limited to:  (a) the number of applications received;  (b) the number of applications approved;  (c)  project  descriptions  including  a  description  of  the related economic development  project,  type  of  business  assisted,  location, amounts  awarded,  amounts  expended,  repayments to date, and projected completion date;  (d) jobs created and/or retained per project; and  (e)  description  of  factors   which   demonstrate   each   project's consistency  with  regional  economic  development  strategies and state economic development goals.   9. (a) The department shall submit to the director of the division  of the  budget,  the  chairperson  of  the senate finance committee and the chairperson of the assembly ways and means committee, an  evaluation  of program   effectiveness   prepared  by  an  entity  independent  of  the department. Such an evaluation shall be submitted on or before September first, two thousand five, and on or before September  first  every  four years thereafter.  (b)  Between  evaluation  due dates, the department shall maintain the necessary  records  and  data  required  to  satisfy   such   evaluation requirements  and  to  satisfy  information  requests  received from the  director of the budget, the chairperson of the senate finance  committee and  the  chairperson  of  the assembly ways and means committee between such evaluation due dates.