reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLVII - State Mediation Board › Part 4000 - Policies And Procedures; Labor Arbitrations › Section 4000.5 - Arbitration hearings

Current through Register Vol. 46, No. 28, July 10, 2024
The board will fix the date and time of hearing and designate
				  the mediator who will arbitrate the dispute. Cases assigned to staff may be
				  subject to adjournment at any time if it is necessary to assign the mediator to
				  a mediation matter. It is also the policy of the board that, where a matter is
				  assigned to a staff arbitrator before proceeding with the hearing, the parties
				  will be required to frame the issue, agree thereon and sign a stipulation on a
				  form furnished by the board. In the event the parties cannot agree on the issue
				  or either or both refuse to sign the submission agreement, the staff arbitrator
				  may frame the issue and proceed with the arbitration or recommend to the board
				  that the matter be referred to panel arbitration.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLVII - State Mediation Board › Part 4000 - Policies And Procedures; Labor Arbitrations › Section 4000.6 - Arbitration procedure

Current through Register Vol. 46, No. 28, July 10, 2024
In every arbitration, after designation of the arbitrator,
				  the board has no authority relative to an arbitrator's relationship with the
				  parties, hearings, adjournments, procedures, witnesses and awards, which are
				  matters to be taken up directly with the arbitrator. Arbitrations are governed
				  by the provisions of article 75 of the Civil Practice Law and Rules of the
				  State of New York.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLVIII - Genesee County Industrial Development Agency › Part 4050 - Implementation Of State Environmental Quality Review Act › Section 4050.1 - Purpose and authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				purpose of this Part is to establish such additional procedures as are
				necessary for the implementation of the State Environmental Quality Review Act,
				article 8 of the Environmental Conservation Law (hereinafter referred to as the
				"act") by the Genesee County Industrial Development Agency (hereinafter
				referred to as the "issuer"). Procedures applicable to actions of the issuer
				are also contained in the act and in 6 NYCRR Part 617.
(b) It is the purpose of the issuer to
				promote, develop, encourage and assist in the acquiring, constructing,
				reconstructing, improving, maintaining, equipping and furnishing of industrial,
				manufacturing, warehousing, commercial, research and winter recreation
				facilities including industrial pollution control facilities and thereby
				advance the job opportunities, health, general prosperity and economic welfare
				of the people of the State of New York and to improve their recreation
				opportunities, prosperity and standard of living. In meeting these objectives,
				the issuer seeks to strike a suitable balance among competing social, economic
				and environmental factors. It is the intention of this Part that social,
				economic and environmental factors be incorporated in the decision-making
				processes of the issuer. It is not the intention of this Part that
				environmental factors by the sole consideration in the issuer's
				decision-making.
(c) The authority
				for the issuance of this Part is contained in section 8- 0113(3) of the act and
				in 6 NYCRR 617.10.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLVIII - Genesee County Industrial Development Agency › Part 4050 - Implementation Of State Environmental Quality Review Act › Section 4050.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless the
				context otherwise requires, the definitions contained in section 8-0105 of the
				act and in 6 NYCRR 617.13 shall be applicable to this Part with the exception
				of the following terms:
(1) Applicant means
				any person making an application or other request for an action by the
				issuer.
(2) Complete application
				means an application which, in the judgement of the issuer, contains sufficient
				information on which to make a decision whether or not to approve or
				tentatively approve an action, and shall include the filing of all applications
				to the issuer associated with the proposed action that are, in the judgement of
				the issuer, required, unless, in the judgement of the issuer, such filing is
				not feasible or appropriate given the nature of the action or such failure to
				file all such applications at the same time will not preclude adequate reviews
				by the issuer.
(3) Exempt act means
				those actions enumerated in section 8-1015(3) of the act and in 6 NYCRR
				617.13(h), and those actions listed in Appendix 48-A of this Part,
				infra.
(4) Ministerial act means an
				act performed upon a given state of facts in a prescribed manner imposed by law
				without the exercise of any judgement or discretion as to the propriety of the
				action although the law may require in some degree a construction of its
				language or intent, including all actions listed in Appendix 48-B of this Part,
				infra.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLVIII - Genesee County Industrial Development Agency › Part 4050 - Implementation Of State Environmental Quality Review Act › Section 4050.3 - Applicability and general rule

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				provisions of this Part shall become effective as of the date(s) prescribed in
				section 8-0117 of the act. This Part does not apply to actions undertaken or
				approved by the issuer prior to the date(s) specified in section 8-0117 of the
				act; provided, however, that if after such date(s) specified in section 8-0117
				of the act the issuer proposes to modify an action undertaken or approved prior
				to such date(s), which modification may have a significant adverse effect on
				the environment, such modification shall be an action fully subject to this
				Part.
(b) All actions of the issuer
				shall be fully subject to this Part and the procedures contained in this Part
				shall be followed except actions undertaken or approved prior to the effective
				date or dates of this Part, exempt acts, ministerial acts, Type II actions and
				actions which are a part of, and in compliance with, a broad program of the
				issuer which has been the subject of a single final EIS.
(c) No final decision to carry out or approve
				an action which may have a significant effect on the environment shall be made
				by the issuer until after the filing of a final EIS for such action and until
				the issuer has made the decision-making findings as are required in section
				4050.9 of this Part and, in the
				case of an applicant, all requisite fees and costs have been paid by the
				applicant as provided in sections 4(f) and 10 of this Part.
(d) This Part does not apply to actions by
				private persons where no non-ministerial issuer action is involved. This Part
				is intended to cover only actions of the issuer or actions which must be
				approved, funded or otherwise acted upon by the issuer.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLVIII - Genesee County Industrial Development Agency › Part 4050 - Implementation Of State Environmental Quality Review Act › Section 4050.4 - Responsibility of applicants

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Each applicant to the issuer shall submit to the issuer as part of the
				application an environmental assessment, in form acceptable to the issuer,
				which describes and analyzes the environmental impact and effects of the
				proposed action in sufficient detail for the issuer to determine:
(1) whether the proposed action constitutes
				an exempt act;
(2) whether the
				proposed action is a ministerial action;
(3) whether the proposed action constitutes a
				Type II action;
(4) whether the
				proposed action may or will not have a significant effect on the environment;
				and
(5) to the best knowledge of
				the applicant, which other agencies, including Federal agencies, have
				jurisdiction by law, rule or regulation over the proposed action or any part
				thereof and whether or not issuer is the lead agency with respect to the
				proposed action.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLVIII - Genesee County Industrial Development Agency › Part 4050 - Implementation Of State Environmental Quality Review Act › Section 4050.5 - Procedures prior to draft EIS preparation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Actions involving applicant. Within 15
				calendar days after the submission of a complete application and environmental
				assessment by an applicant, the issuer shall determine whether the proposed
				action is an action subject to this Part pursuant to section
				4050.3 of this Part and, if
				subject to this Part, whether the proposed action may or will not have a
				significant effect upon the environment. Written notification of the issuer's
				determination will be given to the applicant.
(b) Issuer actions. As early as possible in
				the formation of a proposal for an action to be undertaken by the issuer, the
				issuer shall ascertain whether the proposed action is subject to this Part
				pursuant to section
				4050.3 of this Part and, if
				subject to this Part, whether the proposed action may or will not have a
				significant effect upon the environment.
(c) Negative declaration. If the issuer
				determines that a proposed action:
(1) is
				subject to this Part pursuant to section
				4050.3 of this Part; and
(2) will not have a significant effect on the
				environment;
the issuer shall prepare, circulate, file and make available
				  for public inspection a negative declaration as provided in subdivisions (f)
				  and (g) of this section. In addition, the issuer shall prepare, file and make
				  available for public inspection in its principal office a statement setting
				  forth the reasons supporting its determination. Upon such filing and
				  circulation of the negative declaration, the issuer shall have no further
				  obligation with respect to this Part and may undertake such action.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLVIII - Genesee County Industrial Development Agency › Part 4050 - Implementation Of State Environmental Quality Review Act › Section 4050.6 - Draft EIS procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Should
				the issuer determine that the proposed action may have a significant effect on
				the environment, and should the issuer be the lead agency or the only agency
				involved, the issuer shall, as provided in section
				4050.5 of this Part, request the
				applicant to prepare a draft EIS, or shall prepare a draft EIS, as the case may
				be. Such draft EIS shall conform to the requirements of 6 NYCRR
				617.6.
(b) Upon the completion of a
				draft EIS, the issuer shall issue a notice of completion which shall contain
				the following:
(1) an action identifying
				number or name;
(2) a brief
				description of the action covered by the draft EIS and the location thereof and
				of its potential impacts and effects;
(3) a statement indicating where copies of
				the draft EIS are available for review and how copies of the draft EIS may be
				obtained from the issuer; and
(4) a
				statement that comments on the draft EIS are requested and will be received and
				considered by the issuer at its principal office for a period of not less than
				30 calendar days from the first filing and circulation of said notice pursuant
				to subdivision (c) of this section or not less than 10 calendar days following
				a public hearing at which the environmental impacts of the proposed action are
				considered.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLVIII - Genesee County Industrial Development Agency › Part 4050 - Implementation Of State Environmental Quality Review Act › Section 4050.7 - Final EIS procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If,
				after the completion of the draft EIS, the receipt of comments thereon and the
				close of the public hearing (if any) held thereon, the issuer determines that
				the proposed action of the issuer may have a significant effect upon the
				environment, the issuer shall prepare or cause to be prepared a final EIS, and
				cause said final EIS to be filed, in accordance with the provisions of 6 NYCRR
				617.6 and 6 NYCRR 617.7(h) and (i). However, if the issuer requests an
				applicant to prepare a supplemental environmental impact report as provided in
				subdivision (d) of section
				4050.5 of this Part, the issuer
				shall not commence preparation of the final EIS nor cause its preparation to be
				undertaken until a completed supplemental environmental impact report is
				received.
(b) Upon completion of
				the final EIS, the issuer shall prepare a notice of completion of a final EIS
				in the same form as is required for a notice of completion of a draft EIS
				pursuant to section
				4050.6(b) of this
				Part (except that the notice will not contain the statement described in
				paragraph [4] of section
				4050.6[6] of this
				Part,) and he issuer shall send and file said notices of completion of the
				final EIS in the same manner as is required for circulating and filing notices
				of completion of the draft EIS pursuant to section
				4050.6(c) and (d)
				of this Part. Copies of the final EIS shall be filed in the same manner as is
				required for a draft EIS pursuant to section
				4050.6 of this Part.
(c) The issuer shall maintain files open to
				public inspection at its principal office of all final EIS's and notices of
				completion for all final EIS's prepared at its request by an applicant or which
				it has prepared or caused to be prepared.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLVIII - Genesee County Industrial Development Agency › Part 4050 - Implementation Of State Environmental Quality Review Act › Section 4050.8 - Actions involving Federal participation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If an action under consideration by the
				issuer may involve "major Federal action significantly affecting the quality of
				the human environment (hereinafter called "Federal action") under the National
				Environmental Policy Act of 1969 (hereinafter called "NEPA") and where there
				has been duly prepared under NEPA both a draft environmental impact statement
				and a final environmental impact statement for said action, the issuer shall
				have no obligation with respect to this Part except that:
(1) compliance with the Act shall be
				coordinated with and made in conjunction with Federal requirements in a single
				environmental reporting procedure and the issuer shall make and file, in
				accordance with section
				4050.9 of this Part, the findings
				required by subdivision 8 of section 8-0109 of the act; or
(2) where the issuer did not participate in
				the preparation of the statements (or submit material relating thereto)
				prepared pursuant to the requirements of NEPA, such Federal statements shall be
				supplemented by a description of any growth-inducing aspects of the proposed
				action and a discussion of the effects of the proposed action on the use and
				conservation of energy; and
Upon making the decision-making findings in accordance with
				  section 4050.9 of this Part as provided in
				  paragraph (1) of this subdivision, or upon the supplementation of said
				  statements as provided in paragraph (2) of this subdivision, the issuer may
				  undertake such action.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLVIII - Genesee County Industrial Development Agency › Part 4050 - Implementation Of State Environmental Quality Review Act › Section 4050.9 - Decision-making findings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Before
				the issuer decides to carry out or approve an action which may have a
				significant effect upon the environment, the issuer shall file and consider a
				final EIS and shall make the following findings in a written determination:
(1) that the issuer to the maximum extent
				practicable has acted and chosen an alternative, from among the reasonable
				alternatives thereto, which, consistent with social, economic and other
				essential considerations of State policy, minimizes or avoids adverse
				environmental effects, including effects revealed in the relevant environmental
				impact statement, and
(2) that
				consistent with social, economic and other essential considerations of State
				policy, all practicable means will be taken in carrying out or approving the
				action to minimize or avoid adverse environmental effects.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLVIII - Genesee County Industrial Development Agency › Part 4050 - Implementation Of State Environmental Quality Review Act › Section 4050.10 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Preparing EIS's
				for proposed actions involving applicants. The issuer shall prepare or cause to
				be prepared an EIS for a proposed action involving an applicant only where
				practicable considering existing staff and resources and when the public
				interest will be thereby served. In such cases, the issuer may charge a fee to
				the applicant for the preparation of such EIS. Where the issuer reviews an EIS
				for a proposed action involving an applicant, the issuer may charge a fee to
				the applicant for the review of an EIS involved with said action. The fee
				charged shall be the entire cost to the issuer of such preparation and/or
				review. The costs shall include personal services of issuer employees computed
				at an hourly rate, fringe benefits attributable to such personal services,
				overhead attributable to such personal services plus any other costs
				attributable to EIS preparation or review. In no event shall the fee for EIS
				preparation and review exceed any limit contained in 6 NYCRR 617.11.
(b) Fees to cover miscellaneous costs. The
				issuer may also charge a fee to an applicant for the costs of publishing or
				filing any notices required by this Part and for costs incurred in the
				conducting of a public hearing. The fee charged shall be the entire costs to
				the issuer of such publishing, filing or hearings. The costs shall include
				personal services of issuer employees computed at an hourly rate, fringe
				benefit attributable to such personal services, overhead attributable to such
				personal services, printing costs, stenographic costs and all other costs
				attributable to such publishing, filing or hearings.
(c) The technical services of the issuer may
				be made available on a fee basis reflecting the costs thereof to other
				agencies, and the fee charged to any applicant pursuant to this section may
				reflect such costs.
(d) Fees for
				copies of filed documents. Copies of documents filed at the principal office of
				the issuer as provided in this Part shall be available to the public at a fee
				of 25 cents per page for each copy not exceeding 8 1/2 by 14 inches in size for
				reproduction made on copying machines, and a fee equal to the actual cost of
				materials and duplication for reproductions which cannot be made on a copying
				machine, including but not limited to large maps.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLIX - State Commission On Uniform State Laws › Part 4100 - Public Access To Records › Section 4100.1 - Location of office of commission

Current through Register Vol. 46, No. 28, July 10, 2024
The office of the commission is the office of Commissioner
				  William E. Hogan, Cornell Law School, Ithaca, New York.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLIX - State Commission On Uniform State Laws › Part 4100 - Public Access To Records › Section 4100.2 - Hours for public inspection of records; records access officer

Current through Register Vol. 46, No. 28, July 10, 2024
Public access to the records and files of the commission may
				  be had by applying at said office any week day between 10 a.m. and 4 p.m.
				  Commissioner William E. Hogan is designated as the public records officer of
				  the commission.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLIX - State Commission On Uniform State Laws › Part 4100 - Public Access To Records › Section 4100.3 - Time and place of meetings of commission

Current through Register Vol. 46, No. 28, July 10, 2024
Public notice of the time and place of any meeting of the
				  commission will be given to the news media at least one week before such
				  meeting and any interested person may attend such meeting. Informal meetings of
				  commissioners shall not be regarded within the purposes of this section as a
				  meeting of the commission.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter L - New York State Urban Development Corporation › Part 4201 - Public Access To Records › Section 4201.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part, governing public access to certain records of the
				  corporation, is promulgated for the purpose of implementing the provisions of
				  the Freedom of Information Law (chapter 933 of the Laws of 1977) (the
				  act).
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter L - New York State Urban Development Corporation › Part 4201 - Public Access To Records › Section 4201.2 - Applications for and the inspection and copying of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A request to inspect and/or copy records
				of the corporation or any of its subsidiaries shall be made to the secretary of
				the corporation at the main office of the corporation, 1345 Avenue of the
				Americas, New York, NY 10019. Such request shall be made in writing and shall
				reasonably describe the record or records sought. Whenever possible, the person
				requesting records should supply information regarding dates, file designations
				or other information that may help to describe the records.
(b) Records shall be made available for
				inspection and/or copying during regular business hours at the location or
				locations within the corporation's facilities designated by the
				secretary.
(c) Within five business
				days after receipt of such request, the corporation shall:
(1) provide access to the records
				sought;
(2) deny access to the
				records sought, such denial to be in writing setting forth the reason therefor
				and right to appeal; or
(3) furnish
				a written acknowledgment of receipt of the request and a statement of the
				approximate date when the request will be granted or denied. If access to the
				records is neither granted nor denied within 10 business days after the date of
				acknowledgment of receipt of a request, such failure to respond may be
				construed as a denial of access.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter L - New York State Urban Development Corporation › Part 4201 - Public Access To Records › Section 4201.3 - Current list of records available for inspection and copying

Current through Register Vol. 46, No. 28, July 10, 2024
A current list, by subject matter, of all records is
				  maintained by the secretary and shall be available for public inspection and
				  copying, in accordance with this Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter L - New York State Urban Development Corporation › Part 4201 - Public Access To Records › Section 4201.4 - Appeal from denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person who is denied access to any
				record may, within 30 days of such denial, appeal the denial in writing to the
				general counsel of the corporation.
(b) The time for deciding an appeal shall
				commence upon receipt of a written appeal identifying:
(1) the date of the request for
				records;
(2) the records that were
				denied; and
(3) the name and return
				address of the applicant.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter L - New York State Urban Development Corporation › Part 4201 - Public Access To Records › Section 4201.5 - Fees for services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is
				the policy of the corporation to provide routine information and to permit
				public inspection of records without charge. Fees may be charged in the
				following situations:
(1) reproduction,
				duplication or copying of records; and
(2) where a fee is otherwise prescribed by
				law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter L - New York State Urban Development Corporation › Part 4201 - Public Access To Records › Section 4201.6 - Creation of records

Current through Register Vol. 46, No. 28, July 10, 2024
Documents will not be created by compiling selected items
				  from other documents at the request of a member of the public, nor will records
				  be created to provide the requesting party with data such as ratios,
				  proportions, percentages, frequency distribution, trends, correlations or
				  comparisons.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter L - New York State Urban Development Corporation › Part 4202 - Industrial Effectiveness Program-the Qualification Process › Section 4202.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to set forth the qualification
				  process to receive funding assistance under the Industrial Effectiveness
				  Program. The program seeks to preserve and create permanent private sector jobs
				  by encouraging New York manufacturing firms and industrial sectors to undertake
				  productivity and other operational improvements to remain competitive,
				  profitable and viable, and by aiding local buy-outs of New York firms by
				  employees, managers, or other residents of the State. The program further seeks
				  to mobilize State and local resources to provide targeted technical and
				  financial assistance to eligible firms. The Department of Economic Development,
				  with the cooperation and assistance of the New York State Urban Development
				  Corporation, administers and provides services under the
				  program.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter L - New York State Urban Development Corporation › Part 4202 - Industrial Effectiveness Program-the Qualification Process › Section 4202.2 - Purposes of the Industrial Effectiveness Program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To assist industrial firms with the
				introduction of improved management and labor practices and production
				processes in order to enhance their productivity and competitiveness.
(b) To aid the development of new markets and
				ownership structures in order to improve the long-term viability of industrial
				firms.
(c) To identify and assist
				industrial firms that are, or are likely to be, in severe financial
				difficulties.
(d) To develop
				strategies for mobilizing State and community resources to respond to the needs
				of distressed industrial firms and to manufacturing plant closings and partial
				closings.
(e) To assist industrial
				firms in obtaining financing from publicly sponsored financing assistance
				programs and from private lending institutions.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter L - New York State Urban Development Corporation › Part 4202 - Industrial Effectiveness Program-the Qualification Process › Section 4202.4 - Threshold criteria to qualify individual industrial firms for industrial effectiveness assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except
				as provided in section
				4202.6 of this Part, the
				department shall qualify individual industrial firms to apply for industrial
				effectiveness assistance based on an initial evaluation of the following
				factors:
(1) the existence of one or more
				competitive problems that is having or is likely to have a major, long-term
				adverse impact on a firm's economic well-being and profitability and which is
				attributable to causes other than in-state competition;
(2) the firm's financial condition and key
				indicators of future economic health indicate that it has potential for future
				profitability and a reasonable chance with remedial action of becoming viable
				and preserving or creating employment over a substantial period of
				time;
(3) comprehension by owners
				and managers of the firm's problems, weaknesses, strengths and opportunities,
				and their competence and capability to make necessary changes to address
				competitive problems;
(4)
				management's commitment to consider employee's interests, and its willingness
				to elicit the support and participation of the labor force in any program to
				improve productivity and competitiveness;
(5) the firm's commitment to self-help
				measures to improve its competitive position;
(6) the firm's commitment to full cooperation
				with the department as exhibited by its willingness to supply information
				necessary for assistance in a timely manner and to share the costs of
				assistance, all as more fully set forth in Part 4204 of his Title;
				and
(7) State assistance is likely
				to materially contribute to a firm's efforts to improve its competitive
				position resulting in an economic development benefit.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter L - New York State Urban Development Corporation › Part 4202 - Industrial Effectiveness Program-the Qualification Process › Section 4202.5 - Threshold criteria to qualify groups of industrial firms for industrial effectiveness assistance

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall qualify groups of industrial firms to
				  apply for industrial effectiveness assistance based on an initial review of the
				  following factors:
(a) the group lends
				itself to a collaborative effort and a collective response to common
				competitive problems;
(b) all
				companies in the group have committed to a joint effort to address common
				competitive problems;
(c)
				management's commitment to consider employees' interests, and its willingness
				to elicit the support and participation of the labor force in any program to
				improve productivity and competitiveness; and
(d) State assistance is likely to materially
				contribute to a group's efforts to impove its competitive position resulting in
				an economic development benefit.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter L - New York State Urban Development Corporation › Part 4202 - Industrial Effectiveness Program-the Qualification Process › Section 4202.6 - Threshold criteria to qualify industrial firms or purchasing groups for local buy-out assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				department shall qualify industrial firms or purchasing groups to apply for
				local buy-out assistance based on an initial review of the following factors:
(1) the firm is potentially viable;
(2) ownership and control of the firm is to
				be transferred to employees, managers and other residents of New York
				State;
(3) the local buy-out will
				create or retain substantial numbers of private sector jobs;
(4) the local buy-out will prevent the
				closing, partial closing, or relocation out-of-state of the firm;
(5) the purchasing group evidences leadership
				capabilities and cohesiveness to effectively own and operate the firm and to
				provide competitive management;
(6)
				the firm appears strong enough, financially and otherwise, to survive a
				transition in ownership, and the buy-out is likely to make the firm stronger
				over the long term;
(7) the
				purchasing group is committed to the firm's continued existence in New York
				State;
(8) the purchasing group
				evidences commitment to the growth and development of the firm and is prepared
				to make tangible investments in its future;
(9) the local buy-out will serve the
				interests of employees and of the community where the firm is located;
				and
(10) employees and labor
				organizations representing employees within the firm or, in companies without
				labor organizations, other employee groups support the local buy-out, and they
				and the purchasing group are willing to work together to enhance the firm's
				competitive position.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter L - New York State Urban Development Corporation › Part 4202 - Industrial Effectiveness Program-the Qualification Process › Section 4202.7 - Administration

Current through Register Vol. 46, No. 28, July 10, 2024
In its administration of the program, the department
				  shall:
(a) provide productivity
				assessments and feasibility studies to qualified industrial firms or groups of
				firms that have requested such assistance pursuant to procedures set forth in
				Parts 4203 and 4204 of this Title;
(b) identify public and private sources of
				expertise available to assess productivity problems of industrial firms and to
				work under contract or in cooperation with the department in assisting such
				firms to undertake productivity improvement activities pursuant to procedures
				set forth in Part 4206 of this Title;
(c) identify individuals and firms with a
				distinctive competence in at least one area related to industrial productivity,
				such as industrial management, operations, production technology, marketing or
				labor relations and training, and a demonstrated ability to serve small- and
				medium-sized industrial firms;
(d)
				design and conduct seminars and workshops to inform industrial managers, union
				leaders, trade associations, and other appropriate individuals and
				organizations, of industrial productivity-improvement methods and approaches
				and to demonstrate their successful adoption in similar firms;
(e) publish a periodic newsletter to report
				on productivity research projects and case studies, market the program's
				services and provide such other information as the commissioner deems
				appropriate;
(f) conduct
				educational programs to inform industrial firms, labor organizations, banking
				organizations and other financial institutions and industrial or local
				development agencies of the benefits and risks associated with, and methods for
				effectuating, the transfer of ownership of industrial firms to employees,
				managers or other local investors;
(g) promote the services and assistance
				available under the program for industrial firms, to such firms and to
				municipal officials and agencies, regional and local economic development
				entities, technology development organizations, trade associations, business
				and labor organizations and other appropriate entities;
(h) provide short-term management consulting
				services to industrial firms, directly or through contracts, in order to assist
				such firms with assessing management, operations, market, or financial problems
				pursuant to procedures set forth in Part 4204 of this Title;
(i) provide information on State-sponsored
				programs offering financial or technical assistance to industrial firms, and
				aid such firms in applying for assistance;
(j) identify industrial firms in danger of
				closing or substantially reducing operations; and
(k) coordinate with other State agencies and
				authorities in the delivery of industrial effectiveness services to individual
				firms and groups of firms.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter L - New York State Urban Development Corporation › Part 4202 - Industrial Effectiveness Program-the Qualification Process › Section 4202.8 - Preference in outreach

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall direct its outreach efforts to:
(a) small- and medium-sized industrial firms
				which, because limited resources, internal capacity and information, require
				assistance from the State to diagnose and resolve competitive
				problems;
(b) firms, both large and
				small, located in State-designated economic development zones or in other
				economically distressed areas or regions heavily impacted by closings or major
				contractions of industrial firms;
(c) firms, both large and small, in other
				than economically distressed areas where assistance will serve an important
				public purpose, such as helping to save the sole employer in a community or a
				firm that is essential to a community's overall economic revitalization, or
				preserving employment for residents of an adjacent economically distressed
				area;
(d) minority- or women-owned
				enterprises or enterprises owned by dislocated workers, as defined in the
				Federal Job Training Partnership Act ( P.L. 97-300, as amended);
(e) firms whose competitive disadvantage is
				caused by special advantages of foreign competition, such as low wages,
				price-cutting practices to penetrate markets, or government subsidies or
				supports;
(f) firms with job growth
				potential;
(g) productivity
				improvement projects that will serve as a model for other firms in the same
				industry sector or geographic area; and
(h) local buy-outs by employees or
				managers.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter L - New York State Urban Development Corporation › Part 4202 - Industrial Effectiveness Program-the Qualification Process › Section 4202.9 - Qualification procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				department's regional offices, the New York State Science and Technology
				Foundation, the New York State Urban Development Corporation, or other State
				agencies, authorities, offices or commissions, or local economic development
				entities, may refer an industrial firm or group of firms to the department to
				be qualified to apply for industrial effectiveness assistance.
(b) The department shall assign industrial
				effectiveness experts or specialists employed or certified by the department to
				visit and conduct interviews with the firm or group of firms, to review
				financial statements, and to complete a qualification for assistance
				questionnaire. The specialist shall report and recommend to the department
				whether the firm or group of firms should be qualified to apply for assistance
				under the program.
(c)
				Qualification of an industrial firm or group of industrial firms by the
				department pursuant to section
				4202.4, 4202.5 or
				4202.6 of this Part shall make the
				firm or group of firms eligible to apply to the department for industrial
				effectiveness assistance.
(d) The
				department shall enter into such contractual agreements as are appropriate and
				necessary to facilitate the conduct of the program.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter L - New York State Urban Development Corporation › Part 4202 - Industrial Effectiveness Program-the Qualification Process › Section 4202.10 - Exemption from disclosure requirements

Current through Register Vol. 46, No. 28, July 10, 2024
To the fullest extent permitted by law, all information
				  regarding the financial condition, marketing plans, manufacturing processes,
				  production costs, productivity rates, customer lists, or other trade secrets
				  and proprietary information of a person or entity requesting assistance from
				  the department, which is submitted by such person or entity to the department
				  in connection with an application for assistance or with a productivity
				  assessment or feasibility study, shall be confidential and exempt from public
				  disclosure.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter L - New York State Urban Development Corporation › Part 4202 - Industrial Effectiveness Program-the Qualification Process › Section 4202.11 - Reports

Current through Register Vol. 46, No. 28, July 10, 2024
Industrial firms which participate in the program shall
				  report to the department, in the form prescribed by the commissioner, in
				  relation to the activities undertaken as a result of the productivity
				  assessment or feasibility study performed on its behalf. Such reports shall
				  discuss:
(a) assistance received by
				the firm;
(b) its progress in
				improving its productivity, competitiveness, and profitability; and
(c) the economic impact of assistance under
				the program, including numbers of jobs created or retained and whether the
				continued location and growth of the industrial firm within New York has been
				assured.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter L - New York State Urban Development Corporation › Part 4203 - Industrial Effectiveness Programs-feasibility Studies › Section 4203.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to provide guidance to industrial
				  firms wishing to obtain industrial effectiveness assistance in the form of a
				  preliminary or full feasibility study.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter L - New York State Urban Development Corporation › Part 4203 - Industrial Effectiveness Programs-feasibility Studies › Section 4203.2 - Eligibility requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				department, or the UDC upon the approval of the commissioner, may provide
				financial assistance for a preliminary feasibility study of an industrial firm,
				group of industrial firms, or purchasing group qualified pursuant to Part 4202
				of this Title, which has demonstrated its commitment to fully cooperate with
				the department and experts conducting such study.
(b) The department, or UDC upon the approval
				of the commissioner, may provide financial assistance for a full feasibility
				study to an industrial firm qualified pursuant to Part 4202 of this Title which
				has a preliminary feasibility study or an equivalent assessment, acceptable to
				the department, which concludes:
(1) that the
				firm has potential for future profitability and a reasonable chance of becoming
				viable, and that the proposed local buy-out, or corporate restructuring or
				turnaround plan, appears to be feasible;
(2) that management and the labor force are
				willing to jointly participate in a full study and resolution of productivity
				and management problems and to fully cooperate with the department and its
				experts;
(3) that the interests of
				employees would be served by such a study; and
(4) that the firm or purchasing group is
				committed to the full study, including but not limited to the cost-sharing
				financial contribution required by Part 4207 of this Title.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter L - New York State Urban Development Corporation › Part 4203 - Industrial Effectiveness Programs-feasibility Studies › Section 4203.3 - Terms

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For a
				preliminary feasibility study:
(1) the
				department, or the UDC upon the approval of the commissioner, may provide
				financial support not to exceed $15,000 for a preliminary feasibility study for
				a local buy-out of an industrial firm, except that upon a showing of special
				circumstances, the commissioner may authorize additional financial support;
				and
(2) the department, or the UDC
				upon the approval of the commissioner, may provide financial support not to
				exceed $10,000 for a preliminary feasibility study of a corporate restructuring
				or turnaround plan, except that upon a showing of special circumstances, the
				commissioner may authorize additional financial support.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter L - New York State Urban Development Corporation › Part 4203 - Industrial Effectiveness Programs-feasibility Studies › Section 4203.4 - Procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For a
				preliminary feasibility study:
(1) A qualified
				industrial firm or purchasing group shall complete and submit to the department
				a short-form application on forms provided by the department which shall
				include, but not be limited to, a description of the firm, its competitive
				situation, financial circumstances, assistance requested, proposed use of
				experts and method of selection, costs, support of the labor force for the
				study, the nature and extent of the firm's participating in and commitment to
				the study, commitments to make available necessary financial and other
				information, confidentiality provisions, and reporting requirements.
(2) Upon review and approval of the
				application by the department, a written agreement shall be entered into with
				the firm or purchasing group.
(3)
				The department, or an expert or experts retained by the department, shall
				perform the preliminary assessment.
(4) The department shall review the work of
				the expert preparing the preliminary feasibility study prior to its submission
				to insure that it adequately addresses the scope of services. Such preliminary
				feasibility study shall be delivered to the firm and to the
				department.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter L - New York State Urban Development Corporation › Part 4204 - Industrial Effectiveness Program-productivity Assessments › Section 4204.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to provide guidance to industrial
				  firms wishing to obtain industrial effectiveness assistance in the form of a
				  productivity assessment.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter L - New York State Urban Development Corporation › Part 4204 - Industrial Effectiveness Program-productivity Assessments › Section 4204.2 - Eligibility requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				department or the UDC, upon the approval of the commissioner, may fund a
				preliminary productivity assessment of an industrial firm or group of
				industrial firms qualified pursuant to Part 4202 of this Title, which has
				demonstrated a commitment to fully cooperate with the department and its
				experts conducting such assessment.
(b) The department, or UDC upon approval of
				the commissioner, may fund a limited, problem-specific productivity assessment
				of an industrial firm or group of firms qualified pursuant to Part 4202 of this
				Title, which has a preliminary productivity assessment or an equivalent
				assessment acceptable to the department, concluding:
(1) that the firm is viable and has the
				potential for future profitability;
(2) that management and labor force are
				willing to jointly participate in an assessment and resolution of productivity
				and management problems;
(3) that
				interests of the employees would be served by such an assessment;
(4) that such an assessment would address the
				major competitive problem of the firm adversely affecting its viability and
				profitability;
(5) that the firm
				evidences a clear and substantial commitment to addressing its other needs,
				including maximum commitment of its own resources;
(6) that the time and cost of a full
				productivity assessment is not warranted in view of the firm's limited needs;
				and
(7) that resolution of one or
				more specific competitive problems for which the limited problem-specific
				productivity assessment assistance is requested can have a significant economic
				benefit.