reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter V - Entrepreneurial Assistance Program › Part 40 - Minority- And Women-owned Business Enterprise Development Centers-the Application Process › Section 40.6 - Evaluation criteria

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall evaluate the proposals based upon the
				  applicant's demonstration of the following:
(a) the applicant's understanding of the
				goals and objectives in section
				40.3 of this Part;
(b) the level of participation in the
				proposed development center of local leaders in post-secondary education,
				business, finance and government;
(c) the level of financial and other
				assistance provided at the State, Federal and local levels, including private
				sources, to support the operations of the proposed development
				center;
(d) the plans of the
				proposed development center to supplement State, Federal and local funding
				through fees for services which may be based on a sliding scale based on
				ability to pay;
(e) the need for
				and anticipated impact of the proposed development center on the community in
				which it will function;
(f) the
				quality of the work plan and staff of the proposed development
				center;
(g) the extent of economic
				distress in the area to be served;
(h) the extent to which the applicant has
				experience in providing business management and technical assistance to
				clients;
(i) the extent to which
				the applicant coordinates with other assistance programs targeted to small and
				new businesses;
(j) the extent to
				which the applicant understands the economic conditions and needs of the
				community and the region;
(k) the
				applicant's documented commitment to affirmative action principles;
(l) the extent to which the applicant's
				proposal could be replicated in other areas of the State; and
(m) such other criteria as the department
				shall deem relevant.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter V - Entrepreneurial Assistance Program › Part 40 - Minority- And Women-owned Business Enterprise Development Centers-the Application Process › Section 40.7 - Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				development center shall submit program reports as prescribed by the department
				which shall contain, but not be limited to, a discussion and analysis of the
				progress of the services provided by the development center and such other
				information as the department deems pertinent to evaluating the effectiveness
				of the support centers, such as:
(1) the
				extent to which the development center serves minority-group members and
				women;
(2) the extent to which the
				development center coordinates with other assistance programs targeted to small
				and new businesses;
(3) the ability
				of the development center to leverage other sources of funding and support;
				and
(4) the success of the
				development center in aiding minority-group members and women to start up new
				businesses, including the number of new business start-ups resulting from the
				development center's services.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter V - Entrepreneurial Assistance Program › Part 41 - Entrepreneurship Support Centers-the Application Process › Section 41.1 - Purpose and general description

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to set forth the application and
				  evaluation process for designation of entrepreneurship support centers, on a
				  competitive basis, under the Entrepreneurial Assistance Program.
				  Entrepreneurship support centers shall provide training to dislocated workers,
				  minorities and women in the principles and practice of entrepreneurship, in
				  order to prepare such persons to pursue self-employment
				  opportunities.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter V - Entrepreneurial Assistance Program › Part 41 - Entrepreneurship Support Centers-the Application Process › Section 41.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicant means
				vocational education agencies, not-for-profit corporations including but not
				limited to local development corporations, chambers of commerce and
				community-based organizations, or any combination thereof.
(b) Commissioner means the Commissioner of
				Economic Development.
(c)
				Department means the Department of Economic Development.
(d) Dislocated worker means an individual
				who:
(1) has been terminated or laid off from
				employment, or who has received a notice of termination or layoff from
				employment, and is eligible for, currently receiving, or has exhausted any
				entitlement to, unemployment compensation, and who is unlikely to return to a
				previous industry or occupation;
(2) has been terminated or who has received a
				notice of termination of employment, as a result of any permanent closure of a
				plant or facility;
(3) is long-term
				unemployed and has limited opportunities for employment or reemployment in the
				same or a similar occupation in the area in which such individual resides,
				including any older individual who has substantial barriers to employment by
				reason of age; or
(4) was
				self-employed (including a farmer) and is unemployed as a result of general
				economic conditions in the community in which the individual resides, or
				because of natural disasters as defined by the United States Secretary of
				Labor.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter V - Entrepreneurial Assistance Program › Part 41 - Entrepreneurship Support Centers-the Application Process › Section 41.3 - Grant restrictions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				grant shall be made to any one or any consortium of applicants in excess of
				$50,000.
(b) Grants shall be
				disbursed for payment of the cost of services and expenses of the program
				director, instructors, faculty and support personnel of the support center, and
				any other person providing instruction and counseling in furtherance of the
				training program of the support center.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter V - Entrepreneurial Assistance Program › Part 41 - Entrepreneurship Support Centers-the Application Process › Section 41.4 - Requirements of support centers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				training program of each support center must include at least 60 hours of
				classroom instruction and at least 30 hours of one-to-one counseling for each
				participant. The support center training program must be supplemented by
				ongoing technical assistance for business development for participants who have
				completed the training program.
(b)
				Training programs of support centers shall be required to meet the standards of
				instructional quality established in regulations by the Commissioner of
				Education. These standards shall include, but not be limited to, qualifications
				of the administrative and instructional personnel, quality of the curricula,
				quality of facilities and equipment, recordkeeping, admission, attendance, and
				record of placement of completers which meets standards of acceptability as
				established by the Commissioner of Education, in conjunction with the
				Commissioner of Labor.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter V - Entrepreneurial Assistance Program › Part 41 - Entrepreneurship Support Centers-the Application Process › Section 41.5 - Application process

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Periodically, the department shall issue a request for proposal for support
				centers under the Entrepreneurial Assistance Program. Such request shall set
				forth the date by which and the office to which proposals must be submitted,
				the number of copies of the proposal to be submitted, and shall specify the
				information to be contained in each proposal.
(b) Proposals by applicants shall include,
				but not be limited to, the following:
(1) a
				description of the applicant;
(2) a
				description of and a plan for implementing the training program to be offered,
				including but not limited to a discussion of how the training program will meet
				the requirements of section
				41.4 of this Part, and how the
				training will be scheduled to meet the needs of individuals with ongoing
				business responsibilities;
(3) a
				listing of instructors from the vocational education agencies, not-for-profit
				corporations and the community participating in the program, and their
				curricula vitae;
(4) the
				designation of and credentials for a program director;
(5) a plan for providing ongoing technical
				assistance to program graduates, including coordination with providers of other
				entrepreneurial assistance programs and with providers of small business
				technical assistance and services;
(6) a plan for marketing the training program
				to prospective participants;
(7)
				plans for a reporting system to be used in evaluating the success of the
				development center; and
(8) a
				program budget, including fees for services, if any, matching funds or in-kind
				contributions to be provided by the applicant or other sources; and
(9) a description of how the proposed support
				center could be replicated in other communities.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter V - Entrepreneurial Assistance Program › Part 41 - Entrepreneurship Support Centers-the Application Process › Section 41.6 - Evaluation criteria

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall evaluate the proposals submitted, based
				  upon the applicant's demonstration of the following:
(a) the applicant's understanding of the
				needs of minority-group members, women and dislocated workers;
(b) the applicant's understanding of the
				existing resources and service gaps in the community and region;
(c) the applicant's experience with and
				commitment to serving minority-group members, women and dislocated
				workers;
(d) the level of financial
				assistance and other in-kind contributions provided by other entities,
				including the level, source and nature of matching funds;
(e) the applicant's experience in providing
				training in business development and small business management;
(f) the applicant's capacity to provide
				individual counseling to participants;
(g) the applicant's capacity to provide
				ongoing technical assistance for graduates;
(h) the applicant's working relationships and
				ability to coordinate services with existing sources of small and new business
				assistance in the community and region;
(i) the quality of the training program's
				design, including outreach and promotion;
(j) the feasibility of the applicant's plan
				for implementing the training program;
(k) the level of experience and professional
				qualifications of the training program and instructional staff; and
(l) such other criteria as the department
				shall deem relevant.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter V - Entrepreneurial Assistance Program › Part 41 - Entrepreneurship Support Centers-the Application Process › Section 41.7 - Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each support
				center shall submit programmatic reports, as prescribed by the department,
				which shall contain, but not be limited to, a discussion and analysis of the
				progress of the services provided by the support center, and such other
				information as the department deems pertinent to evaluating the effectiveness
				of the support center, such as:
(1) the extent
				to which the training program serves minority-group members, women and
				dislocated workers;
(2) the extent
				to which the training program is coordinated with other assistance programs
				targeted to small and new businesses;
(3) the ability of the program to leverage
				other sources of funding and support; and
(4) the success of the training program in
				aiding minority-group members, women and dislocated workers to start up new
				businesses, including the number of new business start-ups resulting from the
				program and the quality of the supplemental technical assistance offered to
				graduates.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VI - Export Trade Demonstration Project Program › Part 50 - The Application Process › Section 50.1 - Purpose and general description

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of the Export Trade Demonstration Project Program
				  is to provide State funding, on a competitive basis, for eligible export trade
				  demonstration projects designed to encourage and assist businesses, industrial
				  firms or industry groups to engage in export trade, and to coordinate other
				  State economic development programs with such projects. The purpose of this
				  Part is to set forth the application process for funding for export trade
				  demonstration projects.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VI - Export Trade Demonstration Project Program › Part 50 - The Application Process › Section 50.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Commissioner
				means the Commissioner of Economic Development.
(b) Department means the Department of
				Economic Development.
(c) Eligible
				applicant or applicant means a public benefit corporation, not-for-profit
				corporation, local development corporation, industrial development authority,
				trade association, educational institution, and other not-for-profit
				organizations which promote economic development.
(d) Eligible project includes, but is not
				limited to, any project to provide one or more of the following services:
				export market analysis, foreign direct investment leads, export trade
				promotion, export trade education, export trade finance technical assistance,
				or export trade finance.
(e) Export
				trade committee means a committee established to make recommendations to the
				commissioner for approval of export trade demonstration projects. Members of
				the committee shall include, among others: the commissioner, who shall chair
				the committee; a representative of the Port Authority of New York and New
				Jersey; and at least two representatives of the private sector experienced in
				export trade, selected by the commissioner, at least one of whom shall be from
				a small business.
(f) Export Trade
				Demonstration Project Program or program shall mean the program established
				pursuant to article 10, section
				221,
				of the Economic Development Law as enacted by chapter 839 of the Laws of
				1987.
(g) Small business means one
				which is resident in the State, independently owned and operated, not dominant
				in its field, and employs 500 or less persons.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VI - Export Trade Demonstration Project Program › Part 50 - The Application Process › Section 50.3 - Grant limits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No single
				grant for an export trade demonstration project providing technical assistance
				shall exceed $100,000.
(b) No
				single grant for an export trade demonstration project providing financial
				assistance shall exceed $200,000.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VI - Export Trade Demonstration Project Program › Part 50 - The Application Process › Section 50.4 - Application process

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Periodically, the department shall issue a request for proposals under the
				Export Trade Demonstration Project Program. Such request shall set forth the
				date by which proposals must be submitted, the number of copies of the
				proposals to be submitted, the office to which they should be forwarded, and
				shall specify the information to be contained in each proposal.
(b) Proposals shall include, but not be
				limited to, the following:
(1) information on
				the nature of the applicant's organization, its purposes, and background of its
				principals;
(2) a demonstration of
				the applicant's ability to provide the proposed services;
(3) the potential for the initiation or
				expansion of export sales in the areas to be served;
(4) for export trade demonstration projects
				providing financial assistance:
(i) a
				description of the availability or nonavailability of export credit from other
				sources in the area to be served;
(ii) a demonstration of commitment by a
				financial institution to participate in the program; and
(iii) a description of the nature and extent
				of such financial institution's participation in the program;
(5) for export trade projects
				providing technical assistance, a description of the availability or
				nonavailability of export technical assistance from other sources in the area
				to be served;
(6) the methods to be
				used to coordinate the delivery of State and local export promotion
				resources;
(7) an indication of the
				possibility that the services to be funded would become
				self-sustaining;
(8) a
				demonstration of the potential to duplicate the project elsewhere in the
				State;
(9) a description of the
				participation of local and regional economic development organizations;
				and
(10) a budget, including
				matching funds, in-kind and otherwise, to be provided by the
				applicant.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VI - Export Trade Demonstration Project Program › Part 50 - The Application Process › Section 50.5 - Evaluation; approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				appropriate regional office of the department shall review proposals for
				funding for export trade demonstration projects to determine whether they are
				complete and meet the purposes of the new Export Trade Demonstration Project
				Program, and shall forward its recommendations to the Export Trade
				Committee.
(b) The Export Trade
				Committee shall review proposed export trade demonstration project proposals
				and make recommendations to the commissioner.
(c) The department shall give preference to
				export trade demonstration projects which benefit businesses which:
(1) are resident in New York State;
(2) are independently owned and
				operated;
(3) are not dominant in
				their field;
(4) employ 500
				employees or less; and
(5) are
				located in a geographic area demonstrating a need for such services.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VI - Export Trade Demonstration Project Program › Part 50 - The Application Process › Section 50.6 - Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicants
				which participate in the Export Trade Demonstration Project Program shall
				submit quarterly and annual project reports to the department in relation to
				the export trade demonstration project, including the information set forth
				below:
(1) For technical assistance projects:
(i) a description of the project;
(ii) its potential application to other areas
				of the State;
(iii) the success of
				the project in meeting its stated objectives;
(iv) the economic impact of the project on
				the area served;
(v) the degree of
				local and regional participation, financial and otherwise;
(vi) the coordination with State and local
				export promotion programs and resources;
(vii) the approximate dollar amount of export
				sales and investment of foreign capital generated by the project; and
(viii) such other information as the
				department deems pertinent to evaluating the effectiveness of the
				project.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VII - Industrial Infrastructure Development Program › Part 60 - The Application Process › Section 60.1 - Purpose and general description

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to set forth the application
				  process to receive funding under the Industrial Infrastructure Development
				  Program. The purpose of the program is to provide State funding for eligible
				  industrial infrastructure development projects which are an integral part of an
				  economic development effort within the State. The appropriation for this
				  program will be used where there is a demonstrated need for State participation
				  in the industrial infrastructure development project and where funding from
				  existing programs is not available or appropriate.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VII - Industrial Infrastructure Development Program › Part 60 - The Application Process › Section 60.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Commissioner
				means the Commissioner of Economic Development.
(b) Department means the Department of
				Economic Development.
(c) Eligible
				applicant or applicant means any State agency involved in promoting the
				economic development of the State, including but not limited to: the
				Departments of Economic Development, Agriculture and Markets, and
				Transportation; the Urban Development Corporation and the Job Development
				Authority; a municipality; an industrial development agency; or a local
				development corporation.
(d)
				Eligible project means an industrial infrastructure development project which
				is an integral part of an economic development effort which will retain,
				attract, expand or revitalize an industrial facility. A project upon which
				construction of the infrastructure has been initiated is not defined as an
				eligible project.
(e) Industrial
				facility means any type of facility to be used or occupied by any person in an
				enterprise deemed to offer a reasonable likelihood for promoting the creation
				or retention of job opportunities in the State, and includes, but is not
				limited to, industrial or manufacturing plants, facilities for research and
				development purposes, facilities for conducting wholesale receiving and
				distributing operations, facilities for conducting office operations,
				warehousing operations, agricultural operations, or any other operations
				dealing in the exchange of goods, wares, services, or other types of property
				of any type or description. A facility supporting primarily retail commercial
				operations is not defined as an industrial facility.
(f) Industrial Infrastructure Development
				Program or program shall mean the program established by article 13, section
				250,
				of the Economic Development Law, as enacted by chapter 839 of the Laws of
				1987.
(g) Industrial infrastructure
				development project means a project for the design, acquisition of property,
				construction and/or reconstruction in connection with storm and sanitary
				sewers, electric and gas service distribution lines, water supply systems,
				drainage systems, and site clearance, preparation, improvements and
				demolition.
(h) Primarily retail
				commercial operations means those operations at which the majority of sales are
				retail sales of goods or services to customers who personally visit the
				facility supporting the operations to obtain such goods or services.
(i) State agency means an office, department,
				board, commission, bureau, division, public corporation, agency or
				instrumentality of the State.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VII - Industrial Infrastructure Development Program › Part 60 - The Application Process › Section 60.3 - Eligible and ineligible costs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				following costs are eligible for funding under this program:
(1) industrial infrastructure development
				project design costs;
(2) costs for
				completing and updating plans, specifications and estimates, where preliminary
				engineering or related planning has already been undertaken, and where
				additional engineering work or related planning is required to permit
				construction of the industrial infrastructure development project;
(3) costs associated with standard
				construction activities which are reasonable costs of construction work
				performed under contract; and
(4)
				costs for acquisition of real property.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VII - Industrial Infrastructure Development Program › Part 60 - The Application Process › Section 60.4 - Evaluation criteria

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall evaluate the proposals submitted in
				  accordance with the following criteria:
(a) the total number of jobs created or
				retained per dollar invested in the industrial infrastructure development
				project, with preference given to projects that will create or retain at least
				one permanent job for each $15,000 of assistance provided;
(b) consistency with the appropriate regional
				economic development strategy;
(c)
				the impact on existing and proposed economic development projects and programs
				and appropriateness of the proposed industrial infrastructure development
				project concept, taking into consideration whether the project is an integral
				part of an economic development project which will retain or create
				jobs;
(d) the impact on existing
				infrastructure facilities and services, if any;
(e) the availability of alternate funding
				sources, within a reasonable period of time, at affordable rates or terms, for
				the industrial infrastructure project;
(f) the repayment ability of the party who is
				designated to make such repayment;
(g) demonstration by the industrial facility
				of its commitment and ability to carry out the economic development project
				related to the industrial infrastructure development project; and
(h) demonstration of commitment of financing
				from public or private sources for the industrial infrastructure development
				project.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VII - Industrial Infrastructure Development Program › Part 60 - The Application Process › Section 60.5 - Preliminary applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Preliminary applications for assistance under the Industrial Infrastructure
				Development Program shall be in the form prescribed by the commissioner, and
				may be submitted by an eligible applicant at any time to the appropriate
				regional office of the department.
(b) Preliminary applications shall include,
				but not be limited to, a brief description of the following:
(1) a description of the industrial
				infrastructure development project, including:
(i) provisions for public use and maintenance
				for the useful life of the facility to be provided by the applicant, if
				appropriate;
(ii) an affirmation by
				the responsible public or corporate official that the industrial infrastructure
				development project has met all environmental requirements under the State
				Environmental Quality Review Act and other applicable Federal, State and local
				statutes, ordinances and regulations;
(iii) documentation which indicates that
				estimated costs for the industrial infrastructure development project are both
				reasonable and proper for such work; and
(iv) a visual representation of the
				industrial infrastructure development project in map format;
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VII - Industrial Infrastructure Development Program › Part 60 - The Application Process › Section 60.6 - Department review of preliminary applications; determination

Current through Register Vol. 46, No. 28, July 10, 2024
The appropriate regional office of the department shall
				  review the preliminary applications, and upon a determination that they are
				  complete and in compliance with the regional economic development strategy,
				  shall forward the preliminary applications with a recommendation and comments
				  to the department's central office for a determination of eligibility and
				  availability of funds. The department shall review the preliminary application
				  in accordance with the evaluation criteria specified in section
				  60.4 of this Part, and shall
				  approve or disapprove the preliminary applications and so notify the
				  applicants. If the department determines that a preliminary application is
				  inadequate, the applicant shall be so notified and given the opportunity to
				  reapply.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VII - Industrial Infrastructure Development Program › Part 60 - The Application Process › Section 60.7 - Final applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Applicants whose preliminary applications have been approved shall submit final
				applications to the department's central office, which final applications shall
				contain such further information, documentation and explanation regarding the
				contents of the preliminary applications as may be necessary or appropriate for
				the department to make a final determination.
(b) The department may charge a fee to the
				eligible applicant in order to recover the actual costs of preparing or
				reviewing a draft environmental impact statement, if such a document is found
				to be necessary by the department. All fees will be in accordance with 6 NYCRR
				Part 617.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VII - Industrial Infrastructure Development Program › Part 60 - The Application Process › Section 60.8 - Department review of final applications; determination

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall review each final application in
				  accordance with the evaluation criteria specified in section
				  60.4 of this Part, and shall
				  approve or disapprove final applications and shall so notify applicants. The
				  department shall enter into such contractual agreements as are appropriate and
				  necessary to facilitate the conduct of the Industrial Infrastructure
				  Development Program.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VII - Industrial Infrastructure Development Program › Part 60 - The Application Process › Section 60.9 - Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Eligible
				applicants participating in the Industrial Infrastructure Development Program
				shall submit quarterly and annual project reports as prescribed by the
				department which shall contain, but not be limited to, a discussion and
				analysis of the progress of the eligible project, and such other information as
				the department deems pertinent to evaluating the status of the
				project.
(b) Eligible applicants
				participating in the Industrial Infrastructure Development Program shall submit
				quarterly and annual financial reports in a form prescribed by the department
				which shall set forth receipts and expenditures of funds pursuant to the
				Industrial Infrastructure Development Program.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VIII - Office Of Waste Prevention Services › Part 70 - Public Accountancy › Section 70.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of these regulations is to set forth the
				  eligibility requirements and application procedures for financial assistance
				  under the Waste Prevention Program. The program provides funding for
				  feasibility studies, and waste prevention financing through loans, principal
				  reductions, loan guarantees and interest subsidies for eligible projects.
				  Program funds are targeted to businesses, including nonprofit organizations,
				  for the purpose of improving the economic and environmental performance of
				  business through waste prevention.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VIII - Office Of Waste Prevention Services › Part 70 - Public Accountancy › Section 70.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicant or
				eligible applicant means any small to medium size business or nonprofit
				organization which employs less than 500 workers or has gross annual sales of
				less than $10 million.
(b)
				Department means the Department of Economic Development.
(c) Eligible project or project shall mean
				actions taken by or on behalf of a New York business involving the acquisition,
				construction, alteration, repair or improvement of a building, fixtures,
				machinery or equipment, provided that such project results in:
(1) source reduction or material
				substitution, provided that the substitution of one hazardous substance,
				product or nonproduct output for another does not result in the creation of a
				new risk;
(2) in-process
				recycling;
(3) recycling or reuse
				of non-hazardous solid wastes;
(4)
				increased energy efficiency;
(5)
				conservation of the use of water or other natural resources that improve
				process economics;
(6) elimination
				of the purchase of materials, the production of which for the use of said firm
				would result in more waste or resource consumption; or
(7) other practices or technologies that
				reduce the use of hazardous materials or otherwise improve air or water
				quality.
Eligible project shall not include end-of-pipe pollution
				  control technologies or practices where such controls or practices are designed
				  primarily to achieve compliance with the Environmental Conservation Law or
				  regulations promulgated pursuant thereto; energy recovery or incineration; or
				  out-of-process recycling or reuse of hazardous waste or hazardous
				  substances.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VIII - Office Of Waste Prevention Services › Part 70 - Public Accountancy › Section 70.3 - Eligibility for program assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The department may provide, within available appropriations, program assistance
				to an applicant which employs less than 500 workers or had gross annual sales
				of less than $10 million during the last fiscal year.
(b) In order to receive program assistance,
				an applicant must demonstrate that its proposed project was not commenced prior
				to the date of application to the department for program assistance.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VIII - Office Of Waste Prevention Services › Part 70 - Public Accountancy › Section 70.4 - Feasibility studies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Content. The
				licensing examination shall consist of an examination designed to test the
				knowledge and skills required for licensure as a certified public accountant as
				determined by the Department. The Department may accept an examination to
				become a licensed certified public accountant as recommended by the State Board
				for Public Accountancy.
(b)
				Passing score. The Department shall determine a passing score, in consultation
				with the State Board for Public Accountancy, on an examination accepted
				pursuant to subdivision (a) of this section.
(c) Retention of credit. The retention period
				on an examination approved pursuant to subdivision (a) of this section shall be
				for a period of 18-months. Such 18-month period shall be computed in a manner
				determined by the Department.
(1) Extension
				requests. The Department may in its discretion provide an applicant with an
				extension to the retention period prescribed in paragraph (c) of this
				subdivision. An extension may be granted upon a finding by the Department of
				extenuating circumstances outside the applicant's control. The length of an
				extension shall be determined by the Department as it relates to the length of
				the extenuating circumstances experienced by the applicant. The Department may
				consult with the State Board for Public Accountancy on the appropriateness of
				granting extension requests. The department may accept passing examination
				scores that are outside the 18-month requirement where such examinations cannot
				be completed in the 18-month due to the State of emergency declared by the
				Governor pursuant to an Executive Order for the COVID-19 crisis.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VIII - Office Of Waste Prevention Services › Part 70 - Public Accountancy › Section 70.5 - Loans

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General. Loans
				for qualifying waste prevention projects may be made by either the department
				or a financing institution at fixed or variable interest rates.
(b) Loans funded by the department.
(1) Department loans may not exceed $500,000
				or 50 percent of the total project cost, whichever is less. Payment terms and
				security arrangements will be flexible, depending on the particular
				characteristics of the project. Loans that are secured by fixed assets will be
				preferred.
(2) The interest rate on
				a department loan will be set at the time the department approves the loan
				application and will reflect market conditions, the program recipient's ability
				to repay and project requirements.
(3) The term for a department loan shall be
				determined by the department in its sole discretion, but shall not exceed 10
				years.
(4) Written commitments from
				other funding sources necessary for completion of the project will be required
				before disbursement of a department loan.
(5) Personal guarantees. The department may
				require, as a condition to providing a loan, that the proprietors, partners,
				officers, directors, or holders of 20 percent or more of the stock of a program
				recipient personally guarantee repayment of all or a portion of the
				loan.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VIII - Office Of Waste Prevention Services › Part 70 - Public Accountancy › Section 70.6 - Loan guarantees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Maximum
				amount of loan guarantee.
(1) Loan guarantees
				may be provided to program recipients on loan amounts not exceeding $250,000 or
				75 percent of the outstanding principal on a loan, whichever is less.
(2) In the sole discretion of the department,
				the maximum percentage of the outstanding principal on a loan to be guaranteed
				may be adjusted, and different maximum percentages may be established for
				different types of applicants, to reflect market changes, loan demand,
				applicant need, and the possible need to stimulate participation in the program
				by certain audiences.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VIII - Office Of Waste Prevention Services › Part 70 - Public Accountancy › Section 70.7 - Principal reductions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Maximum
				amount of principal reductions. Principal reductions provided to program
				recipients on loans shall be limited to $250,000 or 50 percent of the
				outstanding principal on a loan, whichever is less.
(b) Applications for principal reductions. In
				addition to the application requirements set forth in section
				70.10 of this Part, applicants for
				principal reductions shall submit the following:
(1) a copy of the loan analysis report
				prepared for the financing institution, and a copy of the financing
				institution's written approval or disapproval of the loan with respect to the
				applicant, if available; and
(2) a
				statement signed by the applicant requesting the principal reduction and
				authorizing the release of bank records, credit reports, and other pertinent
				information to the department.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VIII - Office Of Waste Prevention Services › Part 70 - Public Accountancy › Section 70.8 - Interest subsidies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Maximum
				amount of interest subsidy.
(1) Interest
				subsidies on loans shall be available to program recipients on loans from
				financing institutions in principal amounts up to $500,000.
(2) The interest subsidy rate which the
				department shall pay on loans to program recipients by financing institutions
				shall be equal to the difference between the loan interest rate and the base
				rate established by the Department. The base rate shall initially be five
				percent, provided, however, that such base rate shall at no time exceed 75
				percent of the prime rate published daily in the Wall Street Journal.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VIII - Office Of Waste Prevention Services › Part 70 - Public Accountancy › Section 70.9 - Financing institutions

Current through Register Vol. 46, No. 28, July 10, 2024
The department will enter into an agreement with a financing
				  institution which indicates its willingness to make a loan, on such terms and
				  conditions as the department and the financing institution shall agree. Such
				  financing institution will be responsible for the closing and administration of
				  the loan. Program assistance will be provided directly to a financing
				  institution, subject to the provisions of this Part and the provisions of the
				  agreement between the department and the financing
				  institution.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VIII - Office Of Waste Prevention Services › Part 70 - Public Accountancy › Section 70.10 - Applications for program assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				An applicant shall file an application for program assistance with the
				department on forms provided by the department.
(b) Applications for feasibility studies
				shall include, but not be limited to:
(1) a
				detailed statement of tasks to be performed, estimated costs and schedule for
				completion of each task;
(2) a
				description of the specific secondary materials and/or waste prevention
				technology or practice to be addressed by the study;
(3) a description of the nature of the
				secondary materials processing activity or waste prevention technology or
				practice for which the study results will be applied (e.g., separation,
				processing, manufacturing, process or procedure modifications, reformulation or
				redesign of products, equipment modifications, etc.);
(4) a commitment by the applicant to meet
				required cost-sharing contributions;
(5) the name and qualifications of the firm
				or individual who will perform the feasibility study;
(6) the ultimate results to be achieved by
				the applicant, in terms of cost savings to the business and environmental
				benefits to the State, should the feasibility study prove successful;
				and
(7) submission of financial and
				such other information as the department may deem necessary and
				appropriate.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VIII - Office Of Waste Prevention Services › Part 70 - Public Accountancy › Section 70.11 - Evaluation criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Applications for feasibility studies shall be evaluated using the following
				criteria:
(1) the extent to which preliminary
				economic and/or technical work has determined that the waste prevention
				technology and/or practice to be studied is likely to be employed or become
				commercially viable;
(2) the
				potential for applying the results of the feasibility study to other business
				enterprises;
(3) the potential
				impact that the feasibility study results would have on reducing the amount of
				waste requiring disposal;
(4) the
				potential environmental benefits to the State to be derived from the waste
				prevention technology and/or practice being studied;
(5) the potential cost savings to the
				business to be derived from the waste prevention technology and/or practice
				being studied;
(6) the total cost
				of the feasibility study, including the degree to which the requested grants
				would leverage matching cash funds from the applicant and other
				sources;
(7) the ability and
				qualifications of the person or firm to perform the feasibility
				study;
(8) the financial need of
				the applicant; and
(9) the degree
				of the applicant's ability and commitment to implement the feasibility study
				results.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VIII - Office Of Waste Prevention Services › Part 70 - Public Accountancy › Section 70.12 - Notification of award

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Feasibility
				studies. Following the final date for submission of applications, the
				department shall provide timely written notification of awards to applicants.
				The feasibility study funds will be disbursed according to a schedule of
				payments to be negotiated at the time of contract.
(b) Other program assistance. The department
				shall provide written notification to the applicant and, if applicable, the
				financing institution offering the loan, of the department's approval of the
				applicant's application and of the type and amount of approved program
				assistance. Such approval may be conditioned upon the financing institution
				making the loan to the applicant within a time period specified by the
				department.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VIII - Office Of Waste Prevention Services › Part 70 - Public Accountancy › Section 70.13 - Technical feasibility studies

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				A technical feasibility study must have been performed or updated within one
				year of the date of submission of a program application to the
				department.
(b) Technical
				feasibility studies with respect to a construction project must be prepared
				under the supervision of and stamped with the seal and signature of a
				registered architect or professional engineer.
(c) A technical feasibility study must
				contain the following information regarding the project for which program
				assistance is being requested:
(1) a
				description of how the project will minimize, reduce or eliminate the
				generation of wastes, use or reuse wastes, increase energy efficiency or water
				conservation, improve air or water quality and/or improve process
				economics;
(2) a detailed breakdown
				of project costs;
(3) for projects
				involving construction, the proposed construction-to-occupancy schedule and
				copies of the preliminary architectural drawings, scope of work and schematics;
				and
(4) evidence satisfactory to
				the department that all applicable Federal, State and local permits,
				certificates and approvals have been applied for.