reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLI - Jones Beach State Parkway Authority › Part 2500 - Implementation State Environmental Quality Review Act › Section 2500.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part shall apply and take effect as
				  prescribed in article 8 of the Environmental Conservation Law. The authority
				  shall maintain a list of those policies and programs that it undertakes or
				  carries out, which according to this Part, are "actions" that may have a
				  significant effect on the environment. Program environmental impact statements
				  (PEIS) of such actions shall be prepared according to this Part by the
				  authority in keeping with the availability of existing staff and
				  resources.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLI - Jones Beach State Parkway Authority › Part 2500 - Implementation State Environmental Quality Review Act › Section 2500.4 - General rule

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No final
				decision of the authority to carry out or approve an action shall be taken
				until there has been full compliance with the provisions of this Part and 6
				NYCRR Part 617, including the payment to the authority of all necessary fees
				and costs.
(b) For the purposes of
				this Part, in certain instances, based on the applicant's preliminary
				environmental documentation supplied to the authority, a tentative approval of
				a proposed action involving an applicant may be granted. Such tentative
				approval shall not constitute a final decision or determination by the
				authority.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLI - Jones Beach State Parkway Authority › Part 2500 - Implementation State Environmental Quality Review Act › Section 2500.5 - Responsibilities of applicants

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Applicants to the authority for approval of proposed actions shall include in
				their application documents an environmental assessment prepared in a form
				prescribed by the authority which describes and analyzes the environmental
				impacts of the proposed action. The assessment shall contain sufficient
				information for the authority to conduct an environmental review to determine,
				pursuant to section
				2500.6 of this Part, whether the
				action may have a significant effect on the environment. An environmental
				document review notice will be prepared by the authority citing the results of
				the environmental review. If, in the judgment of the authority, the information
				provided in the assessment is insufficient to complete an adequate
				environmental review under SEQR, the applicant will be required to furnish
				additional information on the proposed action as is deemed necessary for
				compliance with this Part.
(b) Each
				application to the authority shall include an identification of those other
				agencies, including Federal agencies, which to the best knowledge of the
				applicant, have jurisdiction by law over the action or any portion of
				it.
(c) Where appropriate, an
				applicant may append to the environmental assessment a concise statement of
				reasons why, in the judgment of the applicant, the proposed action is one which
				will not require the preparation of an EIS under SEQR.
(d) Applicants shall consider the
				environmental impacts of proposed actions and alternatives at the earliest
				possible point in their planning processes and shall develop, wherever
				possible, measures to mitigate or avoid adverse environmental
				impacts.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLI - Jones Beach State Parkway Authority › Part 2500 - Implementation State Environmental Quality Review Act › Section 2500.7 - Notices of completion of draft EIS's and circulation, filing and availability thereof; circulation, filing and availability of draft EIS's; public hearings and notices thereof

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Notices of completion of draft EIS's. Upon the completion of a draft EIS, the
				authority shall prepare, file and make available for public inspection a notice
				of completion as provided in paragraphs (1), (2) and (3) of this subdivision.
(1) Contents of notices of completion. All
				notices of completion shall contain the following:
(i) authority identifying number and such
				other identification as issued by agencies for SEQR actions;
(ii) a brief description of the
				action;
(iii) the location of the
				action and its potential impacts and effects (county and city, town, or
				village); and
(iv) a statement that
				comments on the draft EIS is requested and will be received and considered by
				the authority at its offices. The notice shall specify the public review and
				comment period on the draft EIS, which shall be for not less than 30 calendar
				days from the date of filing and circulation of the notice or not less than 10
				calendar days following the close of any public hearing on the draft
				EIS.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLI - Jones Beach State Parkway Authority › Part 2500 - Implementation State Environmental Quality Review Act › Section 2500.8 - Final EIS procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except
				as provided in paragraphs (1) and (2) of this subdivision, the authority shall
				cause to be prepared a final EIS within 45 calendar days after the close of a
				hearing on the action or within 60 calendar days after the filing of the draft
				EIS, whichever last occurs.
(1) If the
				proposed action has been withdrawn or if, on the basis of the draft EIS or a
				hearing, the authority has determined further that the action will not have a
				significant effect on the environment, no final EIS shall be prepared and so
				noted.
(2) The authority may extend
				the last date for preparation of the final EIS where it determines that
				additional time is necessary to complete the statement adequately, or to meet
				the requirements of other statutes or regulations, or where problems with the
				proposed action requiring material reconsideration or modification have been
				identified, or for other good cause.
(3) The final EIS shall reflect an
				appropriate revision and updating of the matters contained in the draft EIS in
				the light of further review by the authority, comments received, and the record
				of any hearing.
(4) An
				environmental document review notice shall be prepared by the authority and
				made a part of the final EIS.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLI - Jones Beach State Parkway Authority › Part 2500 - Implementation State Environmental Quality Review Act › Section 2500.9 - Actions involving Federal participation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If an action under consideration by the
				authority may involve a "major Federal action significantly affecting the
				quality of the human environment under the National Environmental Policy Act of
				1969," then the procedures specified in this section shall be
				followed.
(b) In the case of an
				action for which there has duly been prepared under the National Environmental
				Policy Act of 1969, both a draft environmental impact statement and a final
				environmental impact statement, the authority shall have no obligation to
				prepare a SEQR EIS or to make findings pursuant to section
				2500.12 of this Part, provided
				that such environmental impact statements either contain or are supplemented by
				the matters described in paragraphs (7) and (8) of subdivision (d) of 6 NYCRR
				617.6 and section
				2500.11 of this Part relating to
				growth inducement and energy use and conservation.
(c) In the case of an action for which has
				been prepared a negative declaration or other written threshold determination
				that the action will not require a Federal impact statement under the National
				Environmental Policy Act of 1969, the authority shall determine whether or not
				the action may have a significant effect on the environment pursuant to article
				8 of the Environmental Conservation Law, 6 NYCRR Part 617 and this Part and the
				action shall be fully subject to such law and rules and regulations.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLI - Jones Beach State Parkway Authority › Part 2500 - Implementation State Environmental Quality Review Act › Section 2500.10 - Public hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General
				provisions.
(1) All hearings shall be open to
				the public. Any person wishing to be heard may appear at the hearing and make a
				statement orally or in writing and such statements shall be made part of the
				record of the hearing. Those wishing to make statements may be represented by
				an attorney or other qualified person.
(2) Hearings shall be conducted by hearing
				officers appointed by the chairman. The hearing officer shall have full
				authority to control the conduct and procedure of the hearing and the record of
				it, to admit or exclude testimony or other evidence and to rule on all motions
				and objections.
(3) Records of the
				conduct of hearings shall be maintained for public inspection at the authority
				offices.
(4) The authority shall
				not be bound by common law or statutory rules of evidence or by technical or
				formal rules or procedures. The authority may receive in evidence such
				affidavits, data or other materials that are relevant to the proposed
				action.
(5) The authority, in its
				discretion, may consolidate two or more hearings.
(6) Hearing records shall remain open for at
				least 10 calendar days following the close of the public hearing. During that
				10 day period written statements shall be accepted and made part of the
				record.
(7) The authority shall set
				time, date and location for all public hearings.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLI - Jones Beach State Parkway Authority › Part 2500 - Implementation State Environmental Quality Review Act › Section 2500.11 - Content of environmental impact statements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An environmental impact statement, like
				an environmental assessment, has three functions: discovery, documentation and
				analysis. As discovery documents they provide a source of information on the
				action that is not generally so collected. As documentation texts they
				represent a formal information retrieval and review process. As analytic tools
				these documents provide a detailed analysis of the proposed action based on the
				included data. An agency bases its judgment on how to proceed with the action
				by reviewing these documents; they are not after the fact justification
				documents. Environmental impact statements should be clearly written in a brief
				and concise manner capable of being read and understood by the public. Within
				the framework presented in subdivision (d) of this section such statements
				should deal only with the specific significant environmental impacts which can
				be reasonably anticipated. They should not contain more detail then is
				appropriate considering the nature and magnitude of the proposed action, the
				significance of its potential impacts and the existing resources and capability
				of the agency responsible for the statement.
(b) All draft and final environmental impact
				statements shall be preceded by a cover sheet stating
(1) whether it is a draft or final;
(2) the name or other descriptive title of
				the action;
(3) the location
				(county and town, village or city) of the action;
(4) the name and address of the agency which
				required its preparation and the name and telephone number of a person at the
				agency to be contacted for further information;
(5) identification of individuals or
				organizations which prepared any portion of the statement; and
(6) the date of its completion.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLI - Jones Beach State Parkway Authority › Part 2500 - Implementation State Environmental Quality Review Act › Section 2500.12 - Agency decision making

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				final decision to carry out or approve an action which may have a significant
				effect on the environment shall be made by the authority until after the filing
				and consideration of a final EIS. When the authority is the lead agency, its
				decision whether or not to approve or tentatively approve an action which has
				been the subject of an EIS shall be made within 30 calendar days of the filing
				of a final EIS.
(b) When the
				authority decides to carry out or approve an action which may have a
				significant effect on the environment, it shall make the following findings in
				a written decision:
(1) consistent with
				social, economic and other essential considerations of authority policy, from
				among the reasonable alternatives thereto, the action to be carried out or
				approved is one which minimizes or avoids adverse environmental effects to the
				maximum extent possible, including the effects disclosed in the relevant
				environmental impact statement; and
(2) consistent with social, economic and
				other considerations of authority 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 XLI - Jones Beach State Parkway Authority › Part 2500 - Implementation State Environmental Quality Review Act › Section 2500.13 - Filing of SEQR documents

Current through Register Vol. 46, No. 28, July 10, 2024
The authority shall maintain files in its offices that will
				  be available for public inspection of all environmental document review
				  notices, memoranda of review, negative declarations, notices of determination,
				  notices of completion of draft and final EIS's, notices of public hearing,
				  draft and final EIS's and other decisions it has prepared or caused to be
				  prepared. Copies of draft and final EIS's shall be available to the public at
				  cost.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLI - Jones Beach State Parkway Authority › Part 2500 - Implementation State Environmental Quality Review Act › Section 2500.14 - Fees and costs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Preparing
				DEIS, EIS and other environmental documents for actions involving applicants.
				All applicants to the authority shall assume all responsibility and costs
				required in the preparation of environmental documents, including draft and
				final EIS if the notice of determination so requires.
(b) Public hearings, public notices and other
				SEQR notices. If the processing of a complete application, prepared by an
				applicant, requires public hearings, public notices and other "SEQR notices"
				the costs incurred for such activities are the responsibility of the applicant.
				These costs will include any limited liability insurance required for the
				holding of public hearings.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLI - Jones Beach State Parkway Authority › Part 2500 - Implementation State Environmental Quality Review Act › Section 2500.15 - Criteria for determining what actions may have a significant effect on the environment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				action may have significant effect on the environment if it can reasonably be
				expected to lead to one of the following consequences:
(1) a substantial adverse change to ambient
				air or water quality or noise levels or in solid waste production, drainage,
				erosion or flooding;
(2) the
				removal or destruction of large quantities of vegetation or fauna, the
				substantial interference with the movement of any resident or migratory fish or
				wildlife species, impacts on critical habitat areas, or the substantial
				affecting of a rare or endangered species of animal or plant or the habitat of
				such a species;
(3) the encouraging
				or attracting of a large number of people to a place or places for more than a
				few days relative to the number of people who would come to such place absent
				the action;
(4) the creation of a
				material conflict with a community's existing plans or goals as officially
				approved or adopted;
(5) the
				impairment of the character or quality of important historical, archeological,
				architectural or aesthetic resources or of existing community or neighborhood
				character;
(6) a major change in
				the use of either the quantity or type of energy;
(7) the creation of a hazard to human health
				or safety.
(8) a substantial change
				in the use, or intensity of use of land or other natural resources or in their
				capacity to support existing uses except where such a change has been included,
				referred to, or implicit in a broad statement prepared pursuant to this Part
				(Program EIS).
(9) the creation of
				a material demand for other actions which would result in one of the above
				consequences.
(10) changes in two
				or more elements of the environment, no one of which is substantial, but when
				taken together result in a material change in the environment.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLI - Jones Beach State Parkway Authority › Part 2500 - Implementation State Environmental Quality Review Act › Section 2500.16 - Lists of actions

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this section is to simplify the task of
				  determining whether or not a proposed action may have a significant effect on
				  the environment by identifying for agencies actions or classes of actions that
				  are likely to have a significant effect and those which will not have a
				  significant effect. Because of the complex and varied nature of agency actions,
				  the lists in this section are not all inclusive. The omission from the lists of
				  an action does not mean that it is exempt from this Part, nor does it mean that
				  it is automatically an action requiring environmental impact statement
				  preparation. The criteria set forth in 6 NYCRR 617.9 shall be used to determine
				  significance with respect to actions not listed in this section.
(a) Type I actions or classes of actions are
				likely to, but will not necessarily, require preparation of environmental
				impact statements because they will in almost every instance have a significant
				effect on the environment. The following physical activities of the authority
				are examples of Type I actions or classes of actions:
(1) The construction of new pavements,
				trails, structures or terrain features that exceed specific thresholds of cost,
				dimension and location set by the authority.
(2) The addition or modification of terrain
				features such as the creation of lakes, ponds and other bodies of standing
				water; plantation plantings; forest cutting; major changes in contours, slopes
				and landforms; dredging and filling on land or in water; drainage modification;
				disposal areas and landfills; the stabilization of dunes and accretionary
				processes; the operation of flow control systems; and, channel
				rehabilitation.
(3) The performance
				of certain maintenance activities such as: chemical treatments; road salting;
				fertilization and material stockpiling when these activities exceed the
				specific thresholds for cost, dimension and location set by the
				authority.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLI - Jones Beach State Parkway Authority › Part 2500 - Implementation State Environmental Quality Review Act › Section 2500.17 - Effective date

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall take effect on September 1, 1976, unless
				  otherwise provided by law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2601 - Access To Public Records › Section 2601.1 - Designated officers

Current through Register Vol. 46, No. 28, July 10, 2024
The designated records access officer of the corporation is
				  the following: Director of Corporate Communications, or if there is no such
				  director, the officer designated by the president of the corporation as such.
				  Request for access and review of complete records may be made to the above
				  records access officer.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2601 - Access To Public Records › Section 2601.2 - Location of officer

Current through Register Vol. 46, No. 28, July 10, 2024
The designated records access officer may be contacted at 625
				  Broadway, Albany, NY 12207-2997.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2601 - Access To Public Records › Section 2601.4 - Request for other public records

Current through Register Vol. 46, No. 28, July 10, 2024
Requests for access and review of public records must be made
				  in writing at the office of the corporation at 625 Broadway, Albany, NY
				  12207-2997 on any working day from the hours of 8:30 a.m. to 12 noon and 1 p.m.
				  to 4:45 p.m.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2601 - Access To Public Records › Section 2601.5 - Inspection and copying location

Current through Register Vol. 46, No. 28, July 10, 2024
Public records will be made available for public inspection
				  and copying at the corporate headquarters indicated in section
				  2601.2 of this
				  Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2601 - Access To Public Records › Section 2601.6 - Charges

Current through Register Vol. 46, No. 28, July 10, 2024
A minimum charge of 25 cents per copy page, or the actual
				  cost of reproducing the record if it is greater will be made. There will be no
				  charges for:
(a) certifying that a
				record cannot be found;
(b)
				certifying to the correctness of a record;
(c) public inspection of a record.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2601 - Access To Public Records › Section 2601.8 - Denial of access

Current through Register Vol. 46, No. 28, July 10, 2024
The records access officers upon denying access to a request
				  for records deemed exempted from disclosure by the law, shall explain in
				  writing the reason for such denial. The written denial shall advise the person
				  requesting access of his or her right to appeal to the individual designated to
				  hear appeals. Upon failure to locate records, the records access officer shall
				  certify that the agency is not the custodian for the records, or that the
				  records of which the corporation is a custodian for the records, or that the
				  records of which the corporation is a custodian cannot be found after diligent
				  search.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2601 - Access To Public Records › Section 2601.9 - Description to be furnished

Current through Register Vol. 46, No. 28, July 10, 2024
The corporation shall respond to a written request reasonably
				  describing the records sought within five business days of receipt thereof.
				  Whenever possible, a person requesting records should supply information
				  regarding dates and file designations or other information helpful in
				  describing the records sought.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2601 - Access To Public Records › Section 2601.10 - Acknowledgments

Current through Register Vol. 46, No. 28, July 10, 2024
If the corporation does not provide or deny access to records
				  sought within five business days of receipt of a request, the corporation shall
				  furnish a written acknowledgment of receipt of the request and a statement of
				  the approximate date when the request will be granted or
				  denied.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2601 - Access To Public Records › Section 2601.11 - Failure to respond

Current through Register Vol. 46, No. 28, July 10, 2024
If the corporation fails to respond to a request for access
				  to records within five business days of receipt of a written request, such
				  failure shall be deemed a denial of access. Any person denied access to records
				  may appeal within 30 days of a denial.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2601 - Access To Public Records › Section 2601.12 - Appeals: time and content

Current through Register Vol. 46, No. 28, July 10, 2024
The time for deciding an appeal shall commence upon receipt
				  of a written appeal identifying:
(a)
				the date and location of a request for records;
(b) the records that were denied;
				and
(c) the name and return address
				of the appellant.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2601 - Access To Public Records › Section 2601.13 - Appeals: transmission to COG

Current through Register Vol. 46, No. 28, July 10, 2024
The corporation shall transmit to the Committee on Open
				  Government copies of all appeals upon receipt thereof. Such copies shall be
				  addressed to:
Committee on Open Government
Department of State
41 State Street
Albany, NY 12231-0001
The individual designated to hear appeals shall inform the
				  appellant and the committee of his determination within seven business days of
				  receipt of an appeal.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2601 - Access To Public Records › Section 2601.14 - Appeals: where to file

Current through Register Vol. 46, No. 28, July 10, 2024
Any applicant denied access to a record may appeal such
				  denial, pursuant to the procedure heretofore described, by directing such
				  appeal to the General Counsel, New York State Environmental Facilities
				  Corporation, 625 Broadway, Albany, NY 12207-2997.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2601 - Access To Public Records › Section 2601.15 - Subject matter files

Current through Register Vol. 46, No. 28, July 10, 2024
Subject matter of the New York State Environmental Facilities
				  Corporation files is maintained in the following manner:
(a) administrative files;
(b) financial information;
(c) loans and investments;
(d) accounting;
(e) operations;
(f) program records;
(g) retired programs; and
(h) EFC board of director's files.
The records access officers will assist applicants to
				  identify the location of records.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2602 - State Clean Water Revolving Fund Regulations › Section 2602.1 - 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 financial
				assistance to eligible recipients from the New York State Water Pollution
				Control Revolving Fund, also known as the Clean Water State Revolving Fund
				(CWSRF), created by chapter 565 of the Laws of 1989, as amended.
(b) This Part, in conjunction with the
				applicable rules and regulations of the New York State Department of
				Environmental Conservation (department), 6 NYCRR Part 649 and, with respect to
				the linked loan project, the rules and regulations of the New York State
				Department of Agriculture and Markets (DAM) and the New York State Department
				of State (DOS), applies to all recipients seeking or receiving financial
				assistance from the CWSRF and to the activities of the corporation in the
				discharge of its duties related to the CWSRF.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2602 - State Clean Water Revolving Fund Regulations › Section 2602.3 - Priority ranking and IUP

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				projects, other than the linked loan project, known to the department or the
				corporation for which a recipient has expressed interest in CWSRF assistance
				shall be listed on the PPL in the IUP. Projects shall be ranked on the annual
				PPL in accordance with the criteria contained in the priority ranking system
				scoring criteria set forth under 6 NYCRR section 649.13 and the IUP.
(b) The commissioner shall prepare annually
				an IUP as set forth under 6 NYCRR section 649.3.
(c) The corporation in its discretion, upon
				prior notice to the department, may bypass a project on the IUP upon written
				notice to the recipient if the project schedule and timing indicates that
				funding will not be effectively used in the IUP period, or that the recipient
				will not be able to satisfy any other condition precedent to obtaining funding
				during the period specified in the IUP.
(d) The linked loan project shall be
				evaluated and ranked in accordance with 6 NYCRR section 649.14 and such
				projects shall be listed in the IUP and may be updated from time to time to
				identify linked loan recipients.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2602 - State Clean Water Revolving Fund Regulations › Section 2602.4 - Direct financings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				corporation may or, if so directed by the commissioner, shall provide CWSRF
				assistance for a project pursuant to PAL section 1285-j(4) if and to the extent
				the corporation may determine that it is unable, or that it is impracticable to
				finance all or a portion of a project as a leveraged financing.
(b) The corporation may provide a direct
				financing at a reduced interest rate to an ESP only if:
(1) the project is listed on the IUP's
				multi-year PPL, and it has received a project priority score high enough to
				place it above any funding line on the IUP's annual PPL, except as otherwise
				permitted by the act;
(2) except as
				otherwise permitted herein, project planning has been completed and the
				recipient has submitted an approved engineering report;
(3) the environmental review process has been
				completed;
(4) any necessary
				special improvement districts have been formed; and
(5) construction of the project has not been
				completed.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2602 - State Clean Water Revolving Fund Regulations › Section 2602.5 - Linked deposits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				corporation shall develop and maintain a list of eligible lenders. In
				consultation with DAM and DOS, the corporation shall develop an application to
				be provided to eligible lenders. The corporation shall provide eligible lenders
				with linked deposit program information and application forms as requested by
				eligible lenders.
(b) The lender
				shall forward the completed application along with all material terms and
				conditions of the linked loan to the corporation for its review. Upon receipt
				of a completed application from a lender, the corporation shall either approve
				or deny such application based on whether the application is eligible for CWSRF
				assistance. Upon approval of an application by the corporation, the application
				shall be forwarded to DAM for concurrent approval for agricultural projects and
				DOS for concurrent approval of residential and small business on-site
				wastewater treatment system projects. Failure to approve any application within
				30 days of receipt by the corporation shall be deemed a rejection of such
				application.
(c) Each completed
				application shall be accompanied by certification from the lender to the
				corporation certifying that the linked loan interest rate is below the interest
				rate the lender would have charged for the loan in the absence of a linked
				deposit based on its usual credit considerations.
(d) Following approval of a linked deposit
				application, the department shall update the intended use plan to list such
				project.
(e) After approval by the
				corporation's board of directors, and receipt of any other approvals necessary,
				the corporation may execute an agreement with the lender pursuant to terms of
				an appropriate agreement. Such agreement may include, but not be limited to,
				the following:
(1) amount(s), interest rate
				and term of the linked deposit;
(2)
				provisions requiring that any linked deposit mature upon the event of an
				uncured default by the linked loan borrower;
(3) provisions requiring that the lender
				credit linked deposit spread on a monthly basis to the linked loan borrower to
				offset the interest rate charged on a linked loan;
(4) periodic reporting requirements by the
				lender regarding the linked loan;
(5) a prohibition against a lender charging
				any discount, points, origination fees, handling fees, service charges,
				refinancing fees or penalties or any charge other than those normally charged
				and in such amounts normally charged by the lender for loans of the type being
				made.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2602 - State Clean Water Revolving Fund Regulations › Section 2602.6 - 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) Hardship assistance may be provided for
				an eligible municipality'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 municipality'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 municipality 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 2602 - State Clean Water Revolving Fund Regulations › Section 2602.7 - Innovative projects

Current through Register Vol. 46, No. 28, July 10, 2024
The corporation may enter into PFAs with up to three
				  municipalities to receive interest-free financings for the construction of
				  innovative technology demonstration wastewater treatment facilities. No such
				  financing shall exceed $3 million. The three projects selected shall be those
				  that the commissioner in his discretion determines best demonstrate use of an
				  innovative technology that has been proven reasonably effective on at least a
				  demonstration model basis.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2602 - State Clean Water Revolving Fund Regulations › Section 2602.8 - Financing of planning and design costs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) CWSRF 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 CWSRF assistance for any
				subsequent portion of the project.
(b) CWSRF assistance may be provided for
				project design costs prior to the initiation of such design.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2602 - State Clean Water Revolving Fund Regulations › Section 2602.10 - Equivalency project requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Equivalency projects shall comply with section
				2602.9 of this Part, as well as
				with all of the requirements of this section.
(b) Prior to making formal application for
				CWSRF assistance for construction of an equivalency project, a recipient must
				submit a facilities plan which:
(1) includes
				those elements required in an engineering report;
(2) demonstrates that those mandatory
				planning requirements of title II of the act for equivalency projects have been
				met; and
(3) incorporates any other
				requirements of the commissioner. The facilities plan shall replace the
				requirements of the engineering report.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2602 - State Clean Water Revolving Fund Regulations › Section 2602.11 - Application and project financing agreements (PFA)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applications for CWSRF 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 CWSRF assistance. An applicant may
				submit an application to the corporation for CWSRF assistance for projects for
				pre-design planning costs as set forth in the IUP. An applicant may submit an
				application to the corporation for CWSRF assistance for projects beyond the
				pre-design planning stage when project planning is completed and the applicant
				has submitted a facilities plan for an equivalency project or an engineering
				report, if required, for the project, and the corporation or the department is
				in the process of reviewing or has approved that report or plan.
(b) For projects beyond the pre-design
				planning stage, a PFA shall not be executed until a completed application for
				CWSRF assistance for that project has been submitted by the applicant to, and
				approved by, the corporation. A complete application shall include:
(1) formation and approval of any necessary
				special improvement districts;
(2)
				satisfaction of all environmental review requirements; and
(3) any other documentation relevant in
				evaluating an application for CWSRF assistance.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2602 - State Clean Water Revolving Fund Regulations › Section 2602.13 - Remedies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a recipient
				has received CWSRF assistance for work which is not an allowable cost of a
				project, the recipient may be required to reimburse the CWSRF for the amount of
				misapplied CWSRF assistance received (reimbursed amounts may be applied to
				allowable project costs or to bond redemption) and until the full amount of
				such misapplied CWSRF 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 CWSRF assistance for purposes of reimbursing the CWSRF in addition
				to any other remedy permitted pursuant to this section, the PFA, or by
				law.
(b) If the department or the
				corporation 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:
(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 CWSRF
				assistance;
(2) refuse to approve
				CWSRF 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 2602 - State Clean Water Revolving Fund Regulations › Section 2602.14 - Miscellaneous

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The corporation
				is authorized to take any corrective actions required by the administrator
				under the provisions of section 605 of the act if, in the judgment of the
				department or the corporation such corrective actions are required by
				applicable law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2602 - State Clean Water Revolving Fund Regulations › Section 2602.15 - 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 2602 - State Clean Water Revolving Fund Regulations › Section 2602.16 - Material incorporated by reference

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following documents referenced in
				this Part are available for review and copying at the New York State
				Environmental Facilities Corporation, 625 Broadway, Albany, NY 12207-2997.
(1) Federal Water Pollution Control Act, also
				known as the Clean Water Act,
				33 USC
				1251 et seq., as amended from time to time,
				and as amended by the ARRA.
(2)
				Title 40 Code of Federal Regulations (CFR), part 35, section 2005.
(3) Chapter 75, title 31, United States Code
				(31
				USC section 7501 et seq. enacted by Public
				Law 98-502, the Single Audit Act of 1984) as it may be amended.
(4) Title 40 of the CFR, part 35, subpart K
				(sections 35.3100 through 35.3170 and Appendix A) as amended and
				revised.
(5) Title 6 of the
				Official Compilation of Codes, Rules and Regulations of the State of New York,
				Part 649.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2602 - State Clean Water Revolving Fund Regulations › Section 2602.17 - 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 2604 - New York State Drinking Water Revolving Fund Regulations › Section 2604.1 - 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), in conjunction with
				the New York State Department of Health (department), to provide financial
				assistance from the New York State Drinking Water Revolving Fund (DWSRF)
				created by chapter 413 of the Laws of 1996.
(b) This Part, in conjunction with the
				applicable rules and regulations of the department, 10 NYCRR Part 53, applies
				to all parties seeking or receiving financial assistance from the DWSRF and to
				the activities of the corporation and the department in the discharge of their
				duties related to the DWSRF. For the purposes of the corporation, to the extent
				this Part conflicts with 10 NYCRR Part 53, this Part shall prevail.
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 2604.3 - Project certification

Current through Register Vol. 46, No. 28, July 10, 2024
The corporation shall not provide DWSRF financial assistance
				  to a recipient unless and until the department has certified to the
				  corporation, in writing, that:
(a) the
				project to be financed through the DWSRF is an eligible project; and
(b) all applicable requirements of the
				department have been met, including, without limitation, requirements relating
				to equivalency projects, and all Federal and State requirements relating to
				environmental review 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 2604.4 - Direct financings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				corporation may provide financial assistance to recipients for eligible
				projects from any available moneys in the fund, if and to the extent the
				corporation determines that it is unable to, or that it is impractical or
				inadvisable to, finance all or a portion of the costs of an eligible project
				from the proceeds of bonds or notes that are special obligations of the
				corporation.
(b) The corporation
				may provide a short-term financing or a long-term financing as a direct
				financing.
(c) Interest rates for
				direct financings shall be determined by the corporation as an interest rate or
				rates no higher than the market rate of interest.