New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VIII - Division Of Consumer Protection › Part 250 - Standard Application Form › Section 250.1 - Standard Application Form

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each industrial
				development agency or authority shall develop a standard application form,
				which shall be posted and be made publicly accessible on its website. Such
				standard application form shall be used by the agency or authority to accept
				requests for financial assistance from all individuals, firms, companies,
				developers or other entities or organizations. The standard application form
				shall include the following, including all supporting documents and information
				provided by or on behalf of the applicant:
(1) the name and address of the project
				applicant;
(2) a description of the
				proposed project for which financial assistance is requested, including the
				type of project, proposed location and purpose of the project;
(3) the amount and type of financial
				assistance being requested, including the itemized estimated value of each type
				of tax exemption sought to be claimed by reason of the agency or authority
				involvement in the project;
(4) a
				statement that there is a likelihood that the project would not be undertaken
				but for the financial assistance provided by the agency or authority, or, if
				the project could be undertaken without financial assistance provided by the
				agency or authority, a statement indicating why the project should be
				undertaken by the agency or authority;
(5) an itemized estimate of capital costs of
				the project, including all costs of each real property and equipment
				acquisition and building construction or reconstruction, financed from private
				sector sources, an estimate of the percentage of project costs financed from
				public sector sources, and an estimate of both the total amount to be invested
				by the applicant and the amount to be borrowed to finance the
				project;
(6) the projected number
				of full time equivalent jobs that would be retained and that would be created
				if the request for financial assistance is granted (and if part-time jobs are
				part of the financial assistance a proportion of a full time equivalent job is
				to be calculated), the projected monthly timeframe for the creation of new jobs
				per year, the estimated salary and fringe benefit averages or ranges for
				categories of the jobs that would be retained or created if the request for
				financial assistance is granted, and an estimate of the number of residents of
				the economic development region as established pursuant to section 230  of the
				Economic Development Law or the labor market area as defined by the agency or
				authority, in which the project is located that would fill such jobs. The labor
				market area defined by the agency or authority for this purpose may include no
				more than six contiguous counties in the State, including the county in which
				the project is to be located;
(7) a
				statement, signed by an individual authorized to bind the project applicant,
				expressing that the provisions of subdivision (1) of section 862  of the General
				Municipal Law will not be violated if financial assistance is provided for the
				proposed project;
e.g.
, for interstate moves, " The completion
				of this entire project will not result in the removal of an industrial or
				manufacturing plant of the project occupant from one area of the State to
				another area of the State or in the abandonment of one or more plants or
				facilities of the project occupant located within the State." Or in the event
				that such project moves intrastate, "The completion of this entire project will
				result in the removal of an industrial or manufacturing plant of the project
				occupant from one area of the State to another area of the State or in the
				abandonment of one or more plants or facilities of the project occupant located
				within the State because the project is reasonably necessary to discourage the
				project occupant from removing such other plant or facility to a location
				outside the State or is reasonably necessary to preserve the competitive
				position of the project occupant in its respective industry."
(8) a statement signed by an individual
				authorized to bind the project applicant that the owner, occupant or operator
				receiving financial assistance is in substantial compliance with applicable
				local, State and Federal tax, worker protection and environmental laws, rules
				and regulations; and
(9) a
				statement signed an individual authorized to bind the project applicant,
				acknowledging that the submission of any knowingly false or knowingly
				misleading information may lead to the immediate termination of any financial
				assistance and the reimbursement of an amount equal to all or part of any tax
				exemptions claimed by reason of agency or authority involvement in the project
				as well as may lead to other possible enforcement actions.