NY Transp L § 14-L (2021)
2021 New York Laws TRA - Transportation Article 2 - Powers, Duties and Jurisdiction of the Department of Transportation 14-L - Airport Improvement and Revitalization.

§ 14-1. Airport improvement and revitalization. 1. Notwithstanding any other  provision  of  law  to  the  contrary, an airport improvement and revitalization grant and loan program is established.  Such  program  is established  to  provide assistance for the revitalization of public use airports through funding of projects  or  portions  thereof,  for  which sufficient  federal capital assistance and required non-federal matching funding is not available and provided the project is consistent with the airport layout plan approved by the department. The funding  of  capital improvements  pursuant  to this section shall not be used to provide the non-federal matching  share  for  federal  airport  capital  improvement grants.   2.  (a)  Assistance  may  consist  of  grants  and  loans  for capital improvements  and  technical  assistance  provided  by  the   department pursuant to this section.   Loans and grants pursuant to this section may be made to any municipal corporation,   public  authority,  public  benefit  corporation  or  any combination thereof, or to other owners of a public use airport for  the purpose  of  improving  a  public  use  airport. A county, pursuant to a written agreement, may act on behalf of one or  more  cities,  towns  or villages  for  the purposes of this section. No such assistance shall be provided to any airport operated by a bi-state authority.  (b) Improvements  pursuant  to  this  section  may  be  made  for  the following purposes:  (i)  construction,  reconstruction,  improvement,  reconditioning  and preservation of capital facilities where the service life of the project is at least  ten  years,  and  related  engineering  services  provided, however,  that  for pavement management projects the service life of the project shall be at least five years;  (ii) purchase  of  airport  equipment,  including  navigational  aids, acquisition of land and easements; and  (iii) technical assistance for airports including, but not limited to, preparation  of studies to attract, retain or improve air carrier or air cargo  services  including  low  fare  commercial  service  air  carrier services,  airport  business  plans,  activities  to  inform the general public or public and  private  organizations  of  the  availability  and economic  impact of the airport and the aviation services at the airport on the community.  (c) Assistance pursuant to this section shall be provided pursuant  to contract with the commissioner. Contracts for capital improvements shall insure  the availability to the public of any airport improved hereunder for the useful life of such improvement as defined in section  sixty-one of  the  state  finance  law. The commissioner shall establish standards governing  the  form,  content  and  submission  of   applications   for participation  in this program. Such standards shall include, but not be limited to, the requirement that, with respect to applications submitted by owners of privately-owned airports, the  commissioner  shall  make  a determination  that  a  request  submitted  by  such owners will serve a public purpose and such applications are  accompanied  by  a  resolution from  the  governing  body  of  the county in which such privately-owned airport is located formally endorsing the project for  which  assistance is  requested.  The  commissioner shall not approve an application for a grant or  loan  unless  the  applicant  can  demonstrate  commitment  of sufficient funds to provide the match set forth in paragraph (d) of this subdivision.   All  loans  shall  be  repaid  within  ten years and bear such rate of interest as shall be established therefor by the commissioner  upon  the issuance  of the loan; provided, however, such rate shall not exceed six percent per annum. Payments on all loans shall be made to the department  and  credited  to  the  airport  improvement  and  revitalization   fund established pursuant to section eighty-eight-d of the state finance law.  (d)  Matching  ratios.  (i) Capital grants and loans. State assistance for the program shall cover the following share of the project cost: for general aviation airports and commercial service airports with less than fifty thousand annual enplanements, up to ninety percent; for commercial service airports with fifty thousand or more but less than seven hundred thousand annual enplanements, up to eighty percent; and  for  commercial service  airports  with annual enplanements of seven hundred thousand or more, up to seventy percent.  (ii) Technical assistance. Technical assistance may be  up  to  eighty percent  of  the project cost. Funding for technical assistance shall be limited to general aviation airports  and  commercial  service  airports with less than two hundred fifty thousand annual enplanements, provided, however,  that  such funding may be granted to general aviation airports and commercial service airports, regardless  of  the  number  of  annual enplanements,  for  the  preparation  of  studies  to attract, retain or improve low fare commercial service air  carrier  services.  The  entire cost  of  regional or statewide studies conducted by or on behalf of the department may be funded.  (e) Funds for assistance pursuant to this section shall  be  from  the airport  improvement  and  revitalization  fund  established pursuant to section eighty-eight-d of the state finance law. No funds shall be  paid pursuant  to  this  section unless the applicant for assistance provides for the required non-state funded share of the costs of a project.  (f) No grant or loan to any eligible applicant shall exceed the sum of two million five hundred thousand dollars, and no part of any such grant or loan shall be used for salaries or for services regularly provided by the applicant for administrative costs in connection with such grant  or loan.  (g)  On or before May first each year, the commissioner shall submit a report on  the  immediately  preceding  fiscal  year  to  the  governor, temporary  president  of  the senate and speaker of the assembly showing the total funds available  for  assistance  pursuant  to  this  section, itemization of assistance provided, and the repayments of loans.  (h) No provision of this section shall be deemed to make any applicant ineligible  for  assistance  otherwise  available  pursuant  to  section fourteen-h or fourteen-k of this article.  (i) The commissioner may promulgate  rules  and  regulations  for  the implementation of this section.