reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2604 - New York State Drinking Water Revolving Fund Regulations › Section 2604.5 - Hardship assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				corporation may provide hardship assistance in those cases where the
				corporation, in its discretion, determines financial hardship exists. In making
				such determination, the corporation may consider whether the total estimated
				annual service charge for a household or equivalent dwelling unit in the area
				served by the project, calculated using the maximum interest rate applicable to
				the project, exceeds the target service charge. The provisions relating to
				hardship assistance shall be published annually in the IUP.
(b) To the extent such hardship assistance
				includes a principal subsidy, the corporation shall give preference in the
				granting of such subsidies to small and rural communities.
(c) To the extent such hardship assistance
				includes State assistance payments, the corporation shall give preference to
				recipients which would be unable to carry out such eligible projects in the
				absence of such grant or State assistance payments without creating a financial
				hardship on system users.
(d) The
				applicable terms of the hardship assistance are those which bring the estimated
				service charge closest to the target service charge. Notwithstanding the
				foregoing, the corporation may also consider other conditions deemed relevant
				to adjust the terms of the hardship assistance if such adjustment is necessary
				to reflect actual financial needs (or lack thereof).
(e) Hardship assistance in the form of a
				grant or reduced interest rate financing may be provided only for an eligible
				recipient's project or allocable portion thereof and shall be limited to the
				amounts published in the IUP. Hardship assistance will not be provided for a
				segment of a recipient's project if the total cost of all segments of such
				project exceeds the hardship limit. The corporation may provide a written
				confirmation that a potential recipient qualifies for hardship assistance
				because of financial hardship.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2604 - New York State Drinking Water Revolving Fund Regulations › Section 2604.6 - Financing of planning costs

Current through Register Vol. 46, No. 28, July 10, 2024
DWSRF assistance may be provided for project planning costs
				  prior to completion of that planning. Planning costs may also be included as
				  allowable costs for purposes of DWSRF assistance for any subsequent portion of
				  the project.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2604 - New York State Drinking Water Revolving Fund Regulations › Section 2604.8 - Application and project financing agreements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applications for DWSRF assistance shall
				be submitted in accordance with the provisions set forth in the IUP, in a
				format that is consistent with instructions published by the corporation
				including, at the corporation's discretion, the use of forms published by the
				corporation for use by parties seeking DWSRF assistance. An applicant may
				submit an application to the corporation for DWSRF assistance for projects for
				pre-design planning costs as set forth in the IUP. An applicant may submit an
				application to the corporation for DWSRF assistance for projects beyond the
				pre-design planning stage when:
(1) project
				planning is completed and the applicant has submitted to the department an
				engineering report, and that report has been or is in the process of being
				approved by the department;
(2) any
				necessary water district has been formed; and
(3) at the time of such application, the
				applicant is in compliance with all applicable project requirements specified
				in section
				2604.7 of this Part, and any
				preapplication instructions issued by the department, or the
				corporation.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2604 - New York State Drinking Water Revolving Fund Regulations › Section 2604.10 - Remedies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a recipient
				has received DWSRF assistance for work which is not an allowable cost of a
				project, the recipient may be required to reimburse the DWSRF for the amount of
				misapplied DWSRF assistance received (reimbursed amounts may be applied to
				allowable project costs or to bond redemption) and until the full amount of
				such misapplied DWSRF assistance has been reimbursed, the corporation may apply
				any interest rate subsidy to such reimbursement or recoup any other benefit
				provided to the recipient, or reduce any future interest rate subsidy or such
				other benefit, or reduce any future interest rate subsidy or such other benefit
				for future DWSRF assistance, for purposes of reimbursing the DWSRF in addition
				to any other remedy permitted pursuant to this section, the PFA, or by
				law.
(b) If the corporation or the
				department determines that the project or the recipient is not in compliance
				with Federal or State laws or the terms of the applicable PFA, and, following
				written notice to the recipient, the project or recipient is not brought into
				compliance, the corporation may, on its own initiative or at the direction of
				the department:
(1) withdraw the interest
				rate subsidy, recoup any other benefit provided to the recipient, or reduce any
				future interest rate subsidy or such other benefit, or reduce any future
				interest rate subsidy or such other benefit for future DWSRF
				assistance;
(2) refuse to approve
				DWSRF disbursement requests; and
(3) refuse execution of subsequent PFAs until
				the project or recipient is brought into compliance.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2604 - New York State Drinking Water Revolving Fund Regulations › Section 2604.11 - Program obligations

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding any other provision of these regulations, any
				  investment of moneys held in reserve funds established under the master trust
				  agreement or any financing indenture (as defined in the master trust agreement)
				  which secure bonds, notes or other obligations of the corporation or any
				  temporary investment of moneys in the equity fund established under the master
				  trust agreement in program obligations shall be governed solely by the
				  applicable provisions of the master trust agreement or such financing indenture
				  and the corporation's investment guidelines rather than by these
				  regulations.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2604 - New York State Drinking Water Revolving Fund Regulations › Section 2604.12 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provisions of this Part or the application thereof to
				  any person or circumstance is adjudged invalid by a court of competent
				  jurisdiction, such judgment shall not affect or impair the validity of the
				  other provisions of this Part or the application thereof to other persons and
				  circumstances.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2605 - New York State Pipeline For Jobs State Revolving Fund Regulations › Section 2605.1 - Purpose, scope and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The purpose of this Part is to provide the rules and procedures for the New
				York State Environmental Facilities Corporation (corporation) to provide
				financial assistance from the New York State Pipeline For Jobs State Revolving
				Fund (the fund), created by chapter 624 of the Laws of 1999, for the planning,
				design and construction of projects to create, improve or extend water supply
				facilities, including, but not limited to, drinking water facilities and cold
				water supply facilities, for economic development purposes.
(b) This Part applies to all project sponsors
				seeking or receiving financial assistance from the fund and to the activities
				of the corporation in the discharge of its duties related to the administration
				and management of the fund.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2605 - New York State Pipeline For Jobs State Revolving Fund Regulations › Section 2605.3 - Projects eligible for financial assistance from the fund

Current through Register Vol. 46, No. 28, July 10, 2024
Any project sponsor seeking to construct an eligible project
				  may apply for financial assistance from the fund. However, no fund assistance
				  shall be made available to finance a project on the current DWIUP which is
				  scheduled to receive funding from the DWSRF.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2605 - New York State Pipeline For Jobs State Revolving Fund Regulations › Section 2605.4 - Public notice of availability of financial assistance from the fund

Current through Register Vol. 46, No. 28, July 10, 2024
(a) From time to
				time, as determined by the corporation, a public notice shall be issued by the
				corporation announcing that the corporation will commence the process of
				accepting pre-applications for financial assistance from the fund. Such notice
				may include:
(1) the time period during which
				pre-applications will be accepted from project sponsors;
(2) the total of fund assistance available
				during the funding period;
(3) the
				anticipated date that the corporation expects to issue written confirmation to
				project sponsors that assistance from the fund is available; and
(4) such other information that the
				corporation may deem necessary.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2605 - New York State Pipeline For Jobs State Revolving Fund Regulations › Section 2605.5 - Pre-application process

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In order to
				be considered to receive financial assistance from the fund, each project
				sponsor must submit a pre-application to the corporation. The pre-application
				shall include information sufficient for the corporation to evaluate the
				proposed project. The corporation may request from a project sponsor:
(1) a written request from the project
				sponsor that the proposed project be listed in the DWIUP, if
				eligible;
(2) a description of the
				proposed project, including its location, estimated cost, a project
				construction schedule that includes the estimated dates of construction
				commencement and completion;
(3) a
				description of the need for the project;
(4) the economic development impact of the
				proposed project, including, but not limited to, the number of jobs estimated
				to be created or retained, the economic benefit to the State, and the costs and
				benefits of the project;
(5)
				information regarding the creditworthiness of the project sponsor, including
				financial statements and other relevant documents the corporation determines
				are necessary to determine such creditworthiness;
(6) information regarding the project
				sponsor, including information on any past felony convictions and other crimes
				of moral turpitude; and
(7) such
				other information as the corporation may deem necessary to determine the
				project's eligibility for assistance from the fund.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2605 - New York State Pipeline For Jobs State Revolving Fund Regulations › Section 2605.6 - Issuance of confirmation letters

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				After the final determination as to which project sponsors will be offered
				assistance from the fund has been made pursuant to these regulations, the
				corporation will provide each selected project sponsor with a written
				confirmation as to the amount of financial assistance that has been reserved
				for the eligible project.
(b) Such
				confirmation letter may include the conditions that a project sponsor must meet
				before the corporation shall provide any assistance from the fund. If an
				applicant fails to take timely action to complete the application process, and
				commence receiving assistance from the fund within three years of the date of
				such confirmation letter, the confirmation letter will be withdrawn and no
				financial assistance will be made to the project sponsor pursuant
				thereto.
(c) If a project sponsor
				notifies the corporation that an eligible project for which a confirmation
				letter has been issued will not be constructed, or if a confirmation letter is
				withdrawn for any reason, the confirmation letter shall be deemed null and void
				and the unused loan capacity redirected for a future funding period.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2605 - New York State Pipeline For Jobs State Revolving Fund Regulations › Section 2605.7 - Application and financial assistance process

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At any time after the issuance of a
				confirmation letter by the corporation, the project sponsor may submit a
				completed application to the corporation for the purpose of obtaining the
				financial assistance identified in the confirmation letter. Such completed
				application may include evidence of:
(1)
				financial commitments to complete the project;
(2) all necessary approvals and
				permits;
(3) all final plans and
				designs;
(4) bond
				resolutions;
(5) all necessary
				State Environmental Quality Review Act approvals;
(6) satisfaction of security agreements as
				outlined in section
				2605.8 of this Part; and
(7) any additional information the
				corporation may require.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2605 - New York State Pipeline For Jobs State Revolving Fund Regulations › Section 2605.8 - Security requirements

Current through Register Vol. 46, No. 28, July 10, 2024
In order to secure financial assistance from the fund in the
				  form of a loan, a project sponsor must meet the following minimum credit
				  standards:
(a) For project sponsors
				that are municipalities, each loan must be secured by a bond issued by the
				municipality which represents a valid and legally binding general obligation of
				such municipality for which its full faith and credit has been validly
				pledged.
(b) For project sponsors
				that are businesses, the project sponsor must demonstrate a long term
				investment grade credit rating of "A" or better, or a letter of credit from a
				bank rated "A" or better, or bond insurance from a company with a claims paying
				ability of "A" or better.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2605 - New York State Pipeline For Jobs State Revolving Fund Regulations › Section 2605.9 - Disbursements

Current through Register Vol. 46, No. 28, July 10, 2024
Disbursements from the fund shall be in accordance with the
				  following:
(a) Disbursement requests
				shall be submitted by the project sponsor to the corporation in writing on
				forms provided by, or acceptable to, the corporation, in accordance with any
				instructions issued by, and together with any documentation of costs required
				by, the corporation. Copies of the disbursement request shall be submitted
				simultaneously to the corporation, and to any party named in the applicable
				PFLA.
(b) Assistance from the fund
				will be disbursed by the corporation only for costs associated with an eligible
				project.
(c) In the event that the
				project sponsor receives State assistance payments, the corporation may retain
				up to 10 percent of each disbursement, with total retainage to be paid to the
				recipient when the corporation receives a certificate of project completion
				prepared by a licensed professional engineer.
(d) The corporation may at any time review
				and audit disbursement requests and make adjustments for, among other things,
				arithmetical errors, items not built or bought, or ineligible costs.
(e) The corporation may transfer the full
				amount or any part of available financial assistance from the fund to a project
				account established for that purpose upon such terms as the corporation may
				deem necessary and prudent.
(f)
				Satisfactory documentation supporting disbursement requests shall demonstrate
				that the costs claimed were those approved in the PFLA, that they are allowable
				costs and that the goods or services for which the costs were incurred have
				been provided. Satisfactory documentation may include signed copies of payment
				vouchers or invoices, canceled checks, details of current indirect cost and
				fringe benefit rates, copies of all subagreements, executed change orders,
				payroll records, tabulations of allowable costs incurred.
All documentation for an eligible project shall be
				  incorporated and referenced in project accounts maintained by the recipient in
				  accordance with applicable generally accepted government accounting
				  principles.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2605 - New York State Pipeline For Jobs State Revolving Fund Regulations › Section 2605.10 - General program requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Recipients shall ensure that all eligible projects that receive assistance from
				the fund effectively protect the quality of the water supply, employ good
				management practices, and fulfill all applicable requirements, if any, of the
				following: Federal and State laws, regulations, and executive orders,
				including, without limitation, prevailing wage requirements under article 8 of
				the Labor Law, requirements of the General Municipal Law and the State Finance
				Law governing disqualification of bidders, all requirements of the PFLA, and
				all applicable instructions issued by the corporation to ensure that these
				requirements are met. The corporation shall not provide assistance from the
				fund unless such requirements are met.
(b) The corporation, DEC and/or DOH may
				conduct such reviews, inspections and investigations as they determine
				necessary to ensure that applicable Federal, State and local requirements are
				fulfilled, and that the terms, requirements, and conditions of the PFLA are
				being met.
(c) The recipient shall
				certify to the corporation that project requirements have been met where such
				certifications are permitted by State laws or regulations.
(d) The recipient shall have or shall acquire
				such title, estate or interest in the site of the eligible project, including,
				without limitation, necessary easements and rights-of-way, to ensure the
				undisturbed use and possession during construction of the eligible project and
				for the estimated operational life thereof.
(e) The recipient, all authorized
				representatives of the recipient, and all contractors and subcontractors
				providing services for the eligible project shall comply with all Federal,
				State and local laws, rules, regulations, and executive orders applicable to
				the eligible project, including, without limitation, laws, rules, regulations,
				and executive orders regarding affirmative action, equal employment
				opportunity, and small, minority and women's business enterprises.
(f) The recipient is solely responsible for
				the preparation of engineering reports, design drawings, plans and
				specifications, contract documents, and the inspection of eligible project
				construction necessary for the completion of the eligible project.
				Notwithstanding any review or approval of engineering reports, design drawings,
				plans and specifications, contract documents, change orders, and/or the
				inspection of eligible project construction by the corporation, its employees,
				agents or representatives, are not responsible for increased costs resulting
				from defective engineering reports, design drawings, plans and specifications,
				change orders, or negligent inspection of project construction.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2605 - New York State Pipeline For Jobs State Revolving Fund Regulations › Section 2605.11 - Remedies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a recipient
				has received fund assistance for work which is not an allowable cost of an
				eligible project, the recipient may be required to reimburse the fund for the
				amount of misapplied fund assistance received (reimbursed amounts may be
				applied to allowable project costs or to bond redemption) and until the full
				amount of such misapplied funds has been reimbursed, the corporation may apply
				any interest subsidy to such reimbursement or reduce any future interest rate
				subsidy for purposes of reimbursing the fund in addition to any other remedy
				permitted pursuant to this section.
(b) If the corporation determines that the
				eligible project or the recipient is not in compliance with Federal or State
				laws or the terms of the PFLA, and, following written notice to the recipient,
				the eligible project or recipient is not brought into compliance, the
				corporation may, on its own initiative, refuse to approve disbursement requests
				until the eligible project or recipient is brought into compliance.
(c) Nothing in this section shall be
				construed to limit the rights of the corporation to take actions including, but
				not limited to, administrative enforcement actions and actions for breach of
				contract against a recipient that fails to carry out its obligations under this
				Part, or the PFLA.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2605 - New York State Pipeline For Jobs State Revolving Fund Regulations › Section 2605.12 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provisions of this Part or the application thereof to
				  any person or circumstance is adjudged invalid by a court of competent
				  jurisdiction, such judgment shall not affect or impair the validity of the
				  other provisions of this Part or the application thereof to other persons and
				  circumstances.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2606 - New York State Financial Assistance To Business Program › Section 2606.1 - Purpose, scope and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The purpose of this Part is to provide rules and procedures for the New York
				State Environmental Facilities Corporation (corporation) to provide State
				assistance payments under the Financial Assistance to Business (FAB) Program
				created pursuant to sections
				56-0303 and
				56-0611 of the Environmental
				Conservation Law. The FAB Program is intended to benefit the people of the
				State of New York by providing a cleaner environment through the financing of
				business environmental compliance assistance projects. This Part will describe
				the procedure for applying for State assistance payments under the FAB Program,
				and explain the FAB Program's technical and administrative
				requirements.
(b) This Part applies
				to all parties seeking or receiving State assistance payments through the FAB
				Program.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2606 - New York State Financial Assistance To Business Program › Section 2606.3 - Identification of eligible project categories

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A project will be eligible for State
				assistance if it is within one or more of the eligible project categories as
				determined by the corporation pursuant to this section.
(b) The corporation will publish in the
				Environmental Notice Bulletin and the State Register a notice of availability
				of a draft description of eligible project categories for the FAB Program. Such
				draft will describe the specific categories of projects to be funded under the
				FAB Program including a description of the facilities or equipment potentially
				eligible for State assistance; the amount of, or formula for determining, the
				State assistance available for each eligible project; specific eligibility
				criteria; and specific project requirements and project priority information,
				if any.
(c) The public will be
				allowed at least 30 calendar days to comment on such draft.
(d) After the comment period has expired and
				the comments have been considered:
(1) The
				corporation shall publish in the Environmental Notice Bulletin and the State
				Register a notice of availability of the final description of eligible project
				categories. Such notice will specify the time period during which the
				corporation will accept requests for financial assistance for projects within
				one or more of the eligible project categories set forth in the draft
				description of eligible project categories; and specify or instruct the reader
				how to obtain from the corporation information regarding the amount of, or
				formula for determining, the State assistance available for each eligible
				project; specific eligibility criteria; and specific project requirements and
				project priority information, if any.
(2) Alternatively, the corporation shall
				publish in the Environmental Notice Bulletin and the State Register a notice
				extending the comment period or soliciting comments on a different eligible
				project category.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2606 - New York State Financial Assistance To Business Program › Section 2606.4 - General eligibility criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				All project owners seeking State assistance must be authorized to conduct
				business in the State, and if authorized or organized under the laws of the
				State, must be validly formed and in good standing under the laws of the
				State.
(b) The project owner must
				purchase, or have purchased, the facilities or equipment listed in the eligible
				project description noticed pursuant to section
				2606.3 of this Part, financed or
				to be financed, in whole or part with State assistance, within the applicable
				time period set by the corporation.
(c) Neither the project owner nor any of its
				principals shall have been the subject of a bankruptcy proceeding within the
				past three years, or any criminal proceeding which is ongoing or has resulted
				in a conviction of a felony offense. On a case by case basis, the corporation
				may waive this requirement for good cause shown.
(d) The project owner shall not be the
				subject of any undischarged or unpaid judgments, liens, or claims which are
				uninsured and which would affect the economic viability of the project
				owner.
(e) The project owner shall
				not have any pending or threatened litigation against it which would not be
				covered by insurance and would affect the economic viability of the project
				owner.
(f) The project owner shall
				have filed all applicable Federal, State and local tax returns and paid all
				applicable taxes within the last three years, unless such filings or payments
				were disputed and are the subject of litigation.
(g) The project owner shall not have
				previously requested, nor received, State assistance for the eligible project
				identified pursuant to section
				2606.3 of this Part.
(h) The project owner shall not accept
				funding from any other municipal, State or Federal sources for any cost which
				has been financed with State assistance.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2606 - New York State Financial Assistance To Business Program › Section 2606.5 - Procedure for requesting State assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) During the time period specified by the
				corporation in a notice published pursuant to section
				2606.3(d) of this
				Part, a project owner may submit to the corporation a request for State
				assistance for any project within one or more of the eligible project
				categories identified by the corporation. Such request for State assistance
				shall include a properly completed and duly executed RFA form and State
				assistance contract, including all required attachments for both
				documents.
(b) The corporation
				shall have no obligation to approve, or disapprove any request for State
				assistance unless and until the following has been satisfied:
(1) the corporation has received a properly
				completed and duly executed municipal application from a municipality
				identified in the RFA form;
(2) the
				corporation has received written approval of the project by a municipality
				identified in the RFA form, in the form of a properly completed municipal
				approval form, or a duly adopted resolution of the governing body of such
				municipality specifically identifying and approving the project for
				participation in the FAB Program;
(3) all required reviews of the project,
				pursuant to SEQRA have been completed; and
(4) any other requirements of the eligible
				project description published pursuant to section
				2606.3(d) of this
				Part have been satisfied. Once EFC determines that the requirements of this
				paragraph are fully satisfied, the application shall be considered
				complete.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2606 - New York State Financial Assistance To Business Program › Section 2606.7 - Powers, duties and responsibilities of the corporation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The corporation shall determine whether a
				RFA, State assistance contract, municipal application, municipal approval or
				any other form, document or other information submitted to the corporation for
				review contains all necessary information, is properly executed or filled out,
				whether submissions fulfill FAB Program requirements, and whether an
				application is complete and ready for approval.
(b) The corporation shall approve, or
				disapprove, project costs and determine when State assistance payments are to
				be made to, or on behalf of, a project owner.
(c) The corporation shall determine the
				useful life of the facilities or equipment to be funded, in whole or part, with
				State assistance.
(d) The
				corporation may conduct such reviews, inspections and investigations of an
				eligible project as it determines is reasonably necessary to ensure that
				applicable Federal, State and local requirements are fulfilled, and that the
				terms, requirements, and conditions of this Part, are being met.
(e) The project owner is solely responsible
				for the proper planning, design, installation, construction, operation and
				maintenance of the eligible project. Notwithstanding any review, inspection,
				investigation or approval by the corporation, neither the corporation, nor its
				employees, agents or representatives, are responsible to the project owner, or
				any other party, for increased costs or any other damages resulting from any
				defects in the planning, design, installation, construction, operation or
				maintenance of the eligible project.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2606 - New York State Financial Assistance To Business Program › Section 2606.8 - Responsibilities of the project owner

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The project owner shall timely obtain all necessary permits, licenses and
				certifications to operate the eligible project. The project owner shall comply
				with all terms and conditions of all such permits, licenses and certificates,
				and operate the certified equipment in compliance with all applicable Federal,
				State and local laws, rules, regulations and guidance for the useful life of
				the eligible project.
(b) The
				project owner may be required to obtain the corporation's prior written
				approval before moving off-site, selling or otherwise conveying the facilities
				or equipment financed in whole or part with State assistance, during the useful
				life of the project.
(c) The
				project owner shall notify the corporation in writing prior to any change in
				ownership of the facility or equipment which has been financed, in whole or
				part, with State assistance. For purposes of this Part, change in ownership
				shall include, without limitation, any asset sale of the project owner, or any
				change in the form or makeup of the project owner, during the useful life of
				the project.
(d) For the duration
				of the useful life of the certified equipment or any facilities financed in
				whole or in part with State assistance, the project owner shall notify the
				corporation in writing of any material change in the information submitted to
				the corporation in connection with the project owner's application for State
				assistance under this Part, including, without limitation, any change in its
				address or telephone number.
(e) In
				addition to any additional information necessary to properly evaluate a request
				for State assistance, the project owner may be required to furnish to the
				corporation the following:
(1) Federal tax
				employer identification number or social security number (only if the project
				owner is a sole proprietorship);
(2) the project cost, the name of the
				equipment vendor or manufacturer, the model and serial number of the certified
				equipment or specifications of the facilities financed with State
				assistance;
(3) information and
				documentation regarding the lease or ownership of the certified equipment or
				facilities financed with State assistance;
(4) information regarding other sources of
				funding or financial assistance for the approved eligible project;
				and
(5) authorization for the
				corporation to access information regarding the credit, payment history and
				State records of the project owner.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2606 - New York State Financial Assistance To Business Program › Section 2606.9 - Remedies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a project
				owner has received State assistance for equipment which the corporation deems
				is not an allowable cost of an eligible project, the corporation shall have the
				right to require the owner to reimburse the corporation for the amount of
				misapplied funds received.
(b) If
				the corporation determines that the project or the project owner is not in
				compliance with Federal, State or local laws, rules, regulations or guidance,
				including any permit, license or other governmental approval relating to the
				project financed in whole or in part with State assistance, or any term of the
				State assistance contract, then, following written notice to the project owner,
				the corporation may withhold disbursement of State assistance until such
				noncompliance is remedied, and may commence any action available at law or in
				equity to effect the return to the corporation of State assistance paid to, or
				on behalf of, the project owner.
(c) Nothing in this section shall be
				construed to limit the right of the corporation to commence any action at law
				or in equity, including without limitation any action for breach of contract,
				against a project owner that fails to carry out its obligations under this
				Part, or the State assistance contract.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2606 - New York State Financial Assistance To Business Program › Section 2606.10 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provisions of this Part or the application thereof to
				  any person or circumstance is adjudged invalid by a court of competent
				  jurisdiction, such judgment shall not affect or impair the validity of the
				  other provisions of this Part or the application thereof to other persons and
				  circumstances.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2607 - New York Beginning Farmer Loan Program Regulations › Section 2607.1 - Purpose, scope and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The purpose of this Part is to provide rules and procedures for the New York
				State Environmental Facilities Corporation (corporation) to provide financing
				to beginning farmers from the New York Beginning Farmer Loan Program (NYBFLP)
				created by chapter 366 of the Laws of 2004. This program is intended to allow
				beginning farmers to obtain reduced interest rate loans for qualified purposes
				by obtaining loan funds from the proceeds of a tax-exempt bond issued by the
				corporation.
(b) This Part applies
				to all persons seeking or receiving financing from the NYBFLP and to the
				activities of the corporation in the discharge of its duties relating to the
				NYBFLP.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2607 - New York Beginning Farmer Loan Program Regulations › Section 2607.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless defined
				herein, terms used in this Part shall have the meaning set forth under sections
				1281 and/or 1285-r of the Public Authorities Law (PAL). Terms used in this Part
				or to be used in complying with this Part have the following meanings:
(1) Act means the New York State
				Environmental Facilities Corporation Act, constituting title 12 of article 5 of
				the PAL, as amended and as may be amended.
(2) Allowable costs means all costs of an
				eligible project which the corporation determines are properly allocable to
				that project in accordance with applicable laws and regulations.
(3) Application means a completed instrument
				on a form approved by the corporation.
(4) Bond means any instrument of indebtedness
				issued by the corporation to provide funding for a project.
(5) Bond purchaser means any lender as that
				term is defined in section 1285- r of the PAL.
(6) Commissioner means the commissioner of
				the New York State Department of Agriculture and Markets.
(7) Corporation means the New York State
				Environmental Facilities Corporation, or its successor, unless otherwise
				indicated.
(8) Department means the
				New York State Department of Agriculture and Markets.
(9) Eligible project means project as that
				term is defined in PAL section 1285-r.
(10) Loan means any loan made by the
				corporation to a beginning farmer.
(11) New York Beginning Farmer Loan Program
				(NYBFLP) means the program for providing State assistance loans for eligible
				projects established pursuant to section established pursuant to section 1295-r
				of the PAL.
(12) Note means any
				instrument of indebtedness issued by a beginning farmer to the corporation or
				bond purchaser.
(13) President
				means the president of the New York State Environmental Facilities
				Corporation.
(14) State means the
				State of New York.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2607 - New York Beginning Farmer Loan Program Regulations › Section 2607.3 - Project eligibility determination

Current through Register Vol. 46, No. 28, July 10, 2024
The corporation shall not provide NYBFLP financial assistance
				  to a beginning farmer unless and until the corporation has made a written
				  determination that the project is an eligible project, and that all applicable
				  requirements of the corporation have been met.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2607 - New York Beginning Farmer Loan Program Regulations › Section 2607.4 - Beginning farmer eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Residence. The beginning farmer must be a resident of New York at the time the
				bond is issued to provide financing for the project.
(b) Training and experience. The beginning
				farmer must have documented to the satisfaction of the corporation, in
				consultation with the department, sufficient education, training, and
				experience, to undertake the anticipated farm operations.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2607 - New York Beginning Farmer Loan Program Regulations › Section 2607.5 - Loan eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Security for loans. The corporation may take security for any loan. The form of
				security may include, but not be limited to, a promissory note, security
				agreement, or mortgage.
(b) Loan
				conditions. Except as provided in section
				2607.6 of this Part, the
				conditions of a loan shall be as determined by the corporation in conjunction
				with the bond purchaser from time to time and shall be contained in the
				security and servicing documents relating to the loan. Loan conditions may
				include, but are not limited to, fees and interest rates, maximum loan amount,
				amortization period, repayment, prepayment, assumption, and assumption
				terms.
(c) A loan may not be
				assigned by the beginning farmer, nor may any interest in agricultural land,
				agricultural improvements or agricultural depreciable property financed under
				the NYBFLP be leased, sold, exchanged or used as a trade-in, used on an
				equipment-for-hire basis or otherwise conveyed without the prior written
				consent of the corporation and the lender.
(d) Loan delinquency, foreclosure, and
				repossession provisions shall be determined from time to time by the bond
				purchaser and shall be contained in the security and financing documents
				relating to the loan.
(e) The
				beginning farmer or bond purchaser must submit to the corporation a
				nonrefundable application fee of $150 with the application. A loan fee, equal
				to 1.5 percent of the principal amount of the bond, but not less than $750,
				must be submitted to the corporation by the beginning farmer or bond purchaser
				at the time of closing.
(f) The
				corporation may require that the bond purchaser furnish any information which
				the corporation deems necessary to determine whether the bond purchaser
				qualifies as a bond purchaser.
(g)
				The corporation's ability to finance a project is subject to the availability
				of funds.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2607 - New York Beginning Farmer Loan Program Regulations › Section 2607.6 - Procedures for application by beginning farmers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Application procedures. The beginning
				farmer may apply (on forms approved by the corporation) for a beginning farmer
				loan with any lender. Any loan approved will be assigned to that lender.
				Eligibility for a beginning farmer loan is determined by the requirements of
				the act and the rules of the corporation. All terms and conditions of a loan
				must be agreed upon between the beginning farmer and the lender, which terms
				and conditions may not be any more onerous than those charged to similar
				customers for similar loans, but taking into account the tax-exempt nature of
				interest on the loan. Following completion of the application by the beginning
				farmer and approval by the lender, the application must be submitted to the
				corporation for review and approval by the corporation. The review will
				include, but not be limited to, whether:
(1)
				the loan applicant is a qualified beginning farmer;
(2) the loan proceeds will be used for a
				qualified purpose by a beginning farmer under the act, rules of the
				corporation, and the United States Internal Revenue Code and Internal Revenue
				Service regulations relating to private activity bonds;
(3) the terms of the loan comply with these
				rules;
(4) the bond purchaser meets
				the definition of a lender or bond purchaser; and
(5) the lender or bond purchaser has
				adequately taken into account the tax-exempt nature of interest on the loan.
If the corporation, in consultation with the department,
				  determines that any of the foregoing conditions have not been satisfied, it may
				  deny the application. As part of its review, the corporation may require the
				  beginning farmer to submit appraisals on part or all of the property being
				  financed by the loan or to submit any or all other documents and information as
				  may be necessary to complete its review of the loan application.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLIII - New York State Public Authorities Control Board › Part 2700 - Public Access To Records › Section 2700.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The people's
				right to know the process of government decision-making and the documents and
				statistics leading to determinations is basic to our society. Access to such
				information should not be thwarted by shrouding it with the cloak of secrecy or
				confidentiality.
(b) This Part
				provides information concerning the procedures by which records may be
				obtained.
(c) Personnel shall
				furnish to the public the information and records required by the Freedom of
				Information Law and those which were furnished to the public prior to its
				enactment.
(d) Any conflicts among
				laws governing public access to records shall be construed in favor of the
				widest possible availability of public records.