2023 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.