2023 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.