reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VIII - Office Of Waste Prevention Services › Part 70 - Public Accountancy › Section 70.15 - Reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Feasibility
				studies.
(1) Program recipients shall keep the
				department apprised of their progress, both formally and informally. Any
				changes in the feasibility study plan must be communicated to the department at
				the earliest possible date.
(2)
				Program recipients must, at a minimum, submit a report to the department at the
				midpoint of the feasibility study, reporting on its progress, including:
(i) a description of tasks
				completed;
(ii) conformance to the
				feasibility study schedule, highlighting any deviation from the original scope
				of work and schedule of tasks, and the reasons for such deviation;
				and
(iii) a financial status
				report.
(3) Program
				recipients must submit final reports to the department, prior to the final
				disbursement of funds, which shall include, but not be limited to:
(i) a detailed summary of the feasibility
				study findings;
(ii) an assessment
				of the supply conditions (e.g., availability, quantities, sources, etc.) for
				the secondary materials in question, if appropriate;
(iii) a description of the size and location
				of markets for the product derived from the secondary materials reuse or
				recycling technology being studied, where applicable;
(iv) a description of how the waste
				prevention technology and/or practice 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;
(v) the cost of
				implementation of the waste prevention technology or practice and a
				construction schedule, if applicable;
(vi) a description of how the firm intends to
				act on the results; and
(vii) a
				description of receipts and expenditures of funds in connection with the
				feasibility study.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VIII - Office Of Waste Prevention Services › Part 70 - Public Accountancy › Section 70.16 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
Any provision of this Part or its application to any person
				  or circumstance found to be invalid shall be ineffective to the extent of such
				  invalidation without affecting the remainder of this Part or the application of
				  those provisions to persons or circumstances other than those to which it is
				  held invalid.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VIII - Office Of Waste Prevention Services › Part 71 - Agricultural Wastewater Energy Conservation Loan Program › Section 71.1 - 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 Agricultural Wastewater Energy Conservation Loan Program. The program
				  provides loans, principal reductions, loan guarantees and interest subsidies
				  through cooperating financial institutions for eligible wastewater treatment
				  projects. Program funds are targeted to businesses engaged in farm production
				  or food processing for the purposes of encouraging and improving wastewater
				  treatment and reducing energy consumption.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VIII - Office Of Waste Prevention Services › Part 71 - Agricultural Wastewater Energy Conservation Loan Program › Section 71.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicant means
				any individual, partnership, cooperative or corporation applying for financial
				assistance under the program.
(b)
				Department means the Department of Economic Development.
(c) Financing institution means any domestic
				insurance company, not-for-profit corporation, bank, trust company, savings
				bank, savings and loan association or credit union incorporated, chartered,
				organized or licensed under the laws of New York State, any other state of the
				United States or the Federal government. This term also includes any public
				authority, public benefit corporation, or municipality which provides program
				assistance to program recipients.
(d) Program shall mean the New York State
				Agricultural Wastewater Energy Conservation Loan Program.
(e) Program assistance means a loan made by
				the department or an interest subsidy, principal reduction or loan guarantee
				provided by the department for a loan made by a financing
				institution.
(f) Program recipient
				means an applicant approved by the department for program assistance.
(g) Technical feasibility study means a
				report which identifies and analyzes in detail cost- effective capital
				improvements constituting the wastewater treatment project which the applicant
				proposes to implement.
(h)
				Wastewater treatment project or project means the acquisition, construction,
				alteration, repair or improvement of a building, fixtures, machinery or
				equipment constituting a facility, which provides treatment of wastewater to
				improve its quality and which reduces energy consumption.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VIII - Office Of Waste Prevention Services › Part 71 - Agricultural Wastewater Energy Conservation Loan Program › Section 71.3 - Eligibility for program assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The department may provide, within available appropriations, program assistance
				for a wastewater treatment project to an applicant which:
(1) is a business engaged in food
				processing;
(2) employs less than
				500 workers or had gross annual sales of less than $10 million during the last
				fiscal year; and
(3) which owns the
				building to be improved or has a lease or management agreement for such
				building.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VIII - Office Of Waste Prevention Services › Part 71 - Agricultural Wastewater Energy Conservation Loan Program › Section 71.4 - Loans

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General. Loans
				for qualifying wastewater treatment projects may be made by either the
				department or a financing institution, at fixed or variable rates.
(b) Loans funded by department.
(1) Department loans may not exceed $250,000
				or the cost of the project, 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.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VIII - Office Of Waste Prevention Services › Part 71 - Agricultural Wastewater Energy Conservation Loan Program › Section 71.5 - 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 types of applicants.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VIII - Office Of Waste Prevention Services › Part 71 - Agricultural Wastewater Energy Conservation Loan Program › Section 71.6 - 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 $125,000 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
				71.9 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 71 - Agricultural Wastewater Energy Conservation Loan Program › Section 71.7 - Interest subsidies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Maximum
				amount of interest subsidy.
(1) Interest
				subsidies shall be available to program recipients on loans from financing
				institutions in principal amounts up to $250,000.
(2) Rate. The interest subsidy 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 71 - Agricultural Wastewater Energy Conservation Loan Program › Section 71.8 - 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 the 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 71 - Agricultural Wastewater Energy Conservation Loan Program › Section 71.10 - Evaluation criteria

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall evaluate applications for program
				  assistance using the following criteria:
(a) conformity with program eligibility
				requirements;
(b) soundness of the
				business enterprise;
(c) credit
				history;
(d) depth of management
				experience;
(e) ability to repay
				the loan;
(f) contribution of the
				project to local water quality improvement;
(g) the adequacy of the collateral available
				to secure the loan; and
(h) such
				other criteria as the department may deem appropriate.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VIII - Office Of Waste Prevention Services › Part 71 - Agricultural Wastewater Energy Conservation Loan Program › Section 71.11 - Notification of award

Current through Register Vol. 46, No. 28, July 10, 2024
The department will 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 conditional 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 72 - Waste Prevention Assistance Program › Section 72.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of these regulations is to set forth the
				  requirements and procedures for the department's contracting under the Waste
				  Prevention Assistance Program. Program funds shall be used to promote economic
				  development and environmental improvement. The program is targeted to
				  municipalities and non-profit organizations, in partnership with New York
				  companies, to spark business growth and competitiveness, and create jobs while
				  protecting and enhancing the quality of the environment.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VIII - Office Of Waste Prevention Services › Part 72 - Waste Prevention Assistance Program › Section 72.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicant shall
				mean a municipality, two or more municipalities or a non-profit
				organization.
(b) Project
				co-implementor shall mean the municipality, non-profit organization or New York
				business that assists the applicant in the achievement of the results of a
				waste prevention assistance project. This includes, but is not limited to,
				providers of technical assistance support services and secondary materials
				processing or manufacturing facilities operators. In this situation, the
				applicant remains the sole recipient of State assistance payments.
(c) Commissioner shall mean the Commissioner
				of Economic Development.
(d) Cost
				or project cost shall mean the capital cost of an eligible project, including
				engineering and architectural services, surveys, plans and specifications;
				transportation facilities at the site or sites of the project; lands acquired
				pursuant to conditions set forth in section
				72.4 of this Part; and other direct
				capital expenses incident to such project, including directly related costs for
				technical assistance, less any Federal assistance and assistance from any New
				York State solid waste or recycling program received or to be
				received.
(e) Department shall mean
				the Department of Economic Development.
(f) Eligible project or waste prevention
				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 environmental, health or safety 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 in 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 72 - Waste Prevention Assistance Program › Section 72.3 - General conditions of program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department shall provide, on a
				competitive basis, State assistance payments to applicants for the partial
				funding of secondary materials market development or waste prevention
				activities.
(b) State assistance
				payments shall not exceed 50 percent of the project cost.
(c) The department may consult with the
				Department of Environmental Conservation prior to entering into contracts with
				applicants to provide State assistance payments towards the cost of secondary
				materials utilization or waste prevention projects.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VIII - Office Of Waste Prevention Services › Part 72 - Waste Prevention Assistance Program › Section 72.4 - Eligible costs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Costs
				generally may not be incurred prior to a written commitment from the
				department. Exceptions may be made when the applicant can satisfactorily
				demonstrate undue hardship, the lack of other available funding or the exigency
				of the project. In no event, shall a cost be eligible if incurred prior to July
				22, 1998.
(b) Costs funded with
				Federal assistance or through other State waste prevention programs shall not
				be eligible for funding under this program.
(c) All costs shall be reasonable, as
				determined by the department.
(d)
				Project costs may be eligible only after the department determines their
				eligibility and approves such costs through review of a program
				application.
(e) Eligible cost
				items include, but are not limited to the following:
(1) Capital costs incurred for the
				acquisition, construction, alteration, repair or improvement of a building,
				fixtures, machinery or equipment associated with the following activities:
(i) source reduction;
(ii) material or feedstock substitution
				resulting in the use of less toxic or non-toxic materials, provided that said
				substitution does not result in the creation of a new risk;
(iii) in-process recycling;
(iv) recycling or reuse of non-hazardous
				solid wastes;
(v) increased energy
				efficiency;
(vi) conservation of
				the use of water or other natural resources which improves the economics of
				business operations;
(vii)
				elimination of materials purchases, which would result in waste reduction and
				resource conservation; and
(viii)
				other practices or technologies that reduce the use of hazardous materials or
				otherwise improve air or water quality.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VIII - Office Of Waste Prevention Services › Part 72 - Waste Prevention Assistance Program › Section 72.5 - Program applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				department shall accept and approve program applications periodically, pursuant
				to a schedule issued by the department.
(b) The application shall be in a form
				prescribed by the department which shall include, but not be limited to:
(1) the name and address of the
				applicant;
(2) a description of the
				project including, but not limited to its location and the geographic area and
				groups to be served;
(3) the name
				and address of the project co-implementor(s), if different from the
				applicant;
(4) a description of the
				waste reduction, pollution prevention or resource conservation goals to be
				achieved by the project and activities that will be undertaken to achieve
				them;
(5) a budget, including, but
				not limited to, an estimate of the total cost of the project, including total
				program assistance requested, other proposed source(s) of funds, any other
				direct or indirect assistance received or to be received for the project and
				proposed use of funds;
(6) a
				description of the management and technical expertise and experience of the
				project principals, especially as it relates to the proposed project;
				and
(7) a schedule for
				implementation and completion of the project.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VIII - Office Of Waste Prevention Services › Part 72 - Waste Prevention Assistance Program › Section 72.6 - Evaluation criteria

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall, at a minimum, consider the following
				  criteria, as applicable, in reviewing and approving applications for secondary
				  materials market development or waste prevention projects:
(a) applicant eligibility;
(b) the ability of the applicant to achieve
				the goals of the project including minimizing, reducing or eliminating the
				generation of wastes, the use or reuse of waste, increasing energy efficiency
				and/or water conservation, improving air or water quality and/or improving
				process economics in the business;
(c) the extent and nature of the commitment
				of the applicant and other participants to implement the short and long term
				goals of the proposed project;
(d)
				whether the project principals demonstrate a sufficient knowledge and expertise
				to ensure successful completion of the project;
(e) the economic and technical feasibility of
				the proposed project, including the extent to which preliminary research or an
				evaluation of the technical and economic merits of the proposed project has
				been completed by qualified experts in the field, and the results of such
				preliminary analysis indicates with reasonable certainty that the proposed
				project can be successfully implemented;
(f) whether the project contributes to a
				strong secondary materials processing and manufacturing capacity in the
				applicant community or the State as a whole;
(g) the financial need of the applicant
				and/or co-implementor;
(h) whether
				the project represents a cost effective investment of State funds;
(i) the appropriateness of the project in
				fulfilling regional economic development and environmental improvement needs;
				and
(j) the extent to which
				selection of the project would ensure, to the extent practicable, a regional
				distribution of projects across the State.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VIII - Office Of Waste Prevention Services › Part 72 - Waste Prevention Assistance Program › Section 72.7 - Notification of award

Current through Register Vol. 46, No. 28, July 10, 2024
Following the deadline for submission of applications as
				  established by the department, the department shall provide timely written
				  notification of awards to applicants.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VIII - Office Of Waste Prevention Services › Part 72 - Waste Prevention Assistance Program › Section 72.8 - Provisions for contracting

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall enter into contracts with applicants to
				  provide State assistance payments toward the cost of projects. Such contracts
				  shall include but not be limited to the following provisions:
(a) an estimate of the cost of the project as
				determined by the commissioner;
(b)
				an agreement by the commissioner to make State assistance payments toward the
				actual cost of the project by periodically reimbursing the applicant during the
				progress of project development or following completion of the project as may
				be agreed upon by the parties, provided that the actual cost does not exceed
				the estimate established pursuant to this Part and where applicable, that
				retainage of up to 20 percent of the State assistance contract amount may be
				withheld until final department determination that the project has been
				successfully completed;
(c) an
				agreement by the applicant to:
(1) proceed
				expeditiously with and complete the project as approved by the
				commissioner;
(2) continue
				operation of the project and not to dispose of the project or any portion
				thereof or change its use without the approval of the commissioner, for the
				life of the project; and to not sell, lease or otherwise dispose of or use
				lands acquired under this Part for any purpose inconsistent with the project
				under which such land is acquired;
(3) operate and maintain the project in
				accordance with all applicable Federal, State, and local laws, rules and
				regulations;
(4) provide for the
				payment of the applicant's share of the cost of the project; and
(5) repay, within one year of notification by
				the commissioner, any State assistance payment made toward the cost of the
				project or an equitable portion of such moneys declared appropriate by the
				commissioner, unless the following actions are deemed immediately necessary to
				protect public health and safety, if the applicant:
(i) fails to complete the project as
				approved;
(ii) disposes of the
				project, or any portion thereof, without the prior written approval of the
				commissioner; or
(iii) changes the
				use of the project, or any portion thereof, without the prior written approval
				of the commissioner; and
(6) repay any State assistance payment, plus
				interest and a penalty equal to 50 percent of the State assistance payment,
				made toward the cost of the project, if all or any portion of a building,
				fixtures, machinery or equipment, funded through the Waste Prevention
				Assistance Program, is transferred out of New York State, prior to the
				expiration of the useful life of such building, fixtures, machinery or
				equipment. The term of the useful life shall be reasonable and negotiated by
				the applicant and the department prior to contract execution.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VIII - Office Of Waste Prevention Services › Part 72 - Waste Prevention Assistance Program › Section 72.9 - State assistance payments

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Reimbursement requests under program contracts shall be submitted to the
				department on forms and in a manner to be prescribed by the department. Two
				methods of reimbursement are available to applicants. The appropriate method
				for the proposed project will be negotiated by both parties prior to contract
				execution. The two methods are as follows:
(1) reimbursement may be made periodically,
				during the progress of project development, for those portions of the project
				which have been completed; or
(2)
				reimbursement will be made at the time of completion of the full
				project.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VIII - Office Of Waste Prevention Services › Part 72 - Waste Prevention Assistance Program › Section 72.11 - Reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Program
				contractors shall provide periodic and annual reports, as applicable, regarding
				the project, at such time and in such manner as prescribed by the
				commissioner.
(b) Program
				contractors shall notify the commissioner, on a timely basis, of the receipt of
				Federal and/or other financial assistance for the project.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VIII - Office Of Waste Prevention Services › Part 72 - Waste Prevention Assistance Program › Section 72.12 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
Any provision of this Part or its application to any person
				  or circumstance found to be invalid shall be ineffective to the extent of such
				  invalidation without affecting the remainder of this Part or the application of
				  those provisions to persons or circumstances other than those to which it is
				  held invalid.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter IX - State Travel Guide › Part 80 - State Travel Guide › Section 80.1 - General description and purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The Commissioner of Economic Development is authorized and
				  directed to collect, compile and distribute information and literature as to
				  the facilities, advantages and attractions of the State of New York, the
				  historical and scenic points and places of interest within the State and the
				  transportation and highway facilities of the State. In discharge of this power,
				  the commissioner may enter into a contract for services relative to the
				  publication of a State travel guide, in one or more seasonal editions, to
				  promote tourism. Such contract may provide for the sale of advertising by the
				  contractor, which advertising shall not exceed 30 percent of the space
				  available in the State travel guide. The purpose of these rules and regulations
				  is to set forth the methods and procedures governing the preparation of bids,
				  selection of a contractor and the publication of the State travel
				  guide.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter IX - State Travel Guide › Part 80 - State Travel Guide › Section 80.2 - 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) Executive
				review committee means the committee comprised of department staff which
				reviews the proposals of qualifying firms.
(d) Publisher means the firms selected by the
				commissioner to provide services relative to the publication of the Travel
				Guide.
(e) Travel Guide means the
				publication of advantages and attractions of the State, the historical and
				scenic points of interest within the State, and the transportation and highway
				facilities in the State, to be published in one or more seasonal
				editions.
(f) Qualifying firms are
				those bidders submitting proposals to provide services relative to the
				publication of the Travel Guide chosen to make presentations to the
				department's Executive Review Committee.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter IX - State Travel Guide › Part 80 - State Travel Guide › Section 80.3 - Administration

Current through Register Vol. 46, No. 28, July 10, 2024
In its administration of the program, the Department of
				  Economic Development shall:
(a)
				develop and issue biannually a request for proposals for the publication of the
				Travel Guide;
(b) conduct pre-bid
				conferences;
(c) contact qualifying
				firms to schedule individual presentations;
(d) review individual presentations and
				determine whether follow up site visits to qualifying firms will be
				necessary;
(e) award the contract
				for services relative to the publication of the Travel Guide;
(f) approve, at critical stages, Travel Guide
				development and advertising standards and rates;
(g) approve placement of all advertisements;
				and
(h) insure that advertising
				shall be limited to no more than 30 percent of the space available in the
				Travel Guide.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter IX - State Travel Guide › Part 80 - State Travel Guide › Section 80.4 - Proposal content and conditions

Current through Register Vol. 46, No. 28, July 10, 2024
Proposals in response to the department's request for
				  proposals shall include, but not be limited to:
(a) a detailed estimate of the cost to the
				department for the publication of the Travel Guide, and preliminary estimates
				of cost projections for the following two years;
(b) a brief description of the experience of
				each staff member of the bidder who will be involved with the department's
				account; the successful bidder will be permitted to substitute staff provided
				the department's written approval is obtained; such approval shall be based
				upon experience in the field and knowledge of New York State, as well as of the
				project;
(c) a brief description of
				the role each such staff member shall play;
(d) a client list and pertinent samples of
				recently completed projects with results involving key clients;
(e) a plan, detailing costs, for
				dissemination of the Travel Guide which shall be sent to consumers in response
				to requests generated by the department's tourism advertising campaign,
				provided, however, that the department may elect to eliminate this
				requirement;
(f) editorial content
				which is reflective of, but not limited to, the department's research on New
				York State traveler interest;
(g)
				any subcontracting firm or firms which the bidder has chosen to use, the reason
				for choosing such firm(s), and the bidder's association and/or experience with
				such firm; the department, an equal opportunity contractor, reserves the right
				to review and approve all subcontracting firms; approval shall be based upon
				experience in the field and knowledge of New York State, as well as of the
				project; and
(h) any patented or
				proprietary information, clearly identified, and also described in a cover
				letter submitted with the proposal.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter IX - State Travel Guide › Part 80 - State Travel Guide › Section 80.5 - Selection criteria

Current through Register Vol. 46, No. 28, July 10, 2024
The contract for publication shall be awarded after
				  consideration of factors which shall include, but not be limited to, the
				  following:
(a) demonstrated
				understanding of the objective of the project;
(b) demonstrated ability to perform the
				required services, including sales force and production staff
				capabilities;
(c) evaluation of the
				oral presentation;
(d) evaluation
				of the bidder's client list, including samples of work;
(e) cost effectiveness;
(f) site inspection of the bidder's
				facilities should the Department elect to conduct such inspection;
(g) most favorable financial advantage for
				the State;
(h) best representation
				of the State of New York and its services; and
(i) greatest utility to the
				traveller.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter IX - State Travel Guide › Part 80 - State Travel Guide › Section 80.6 - Selection procedure and deadlines

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is each bidder's responsibility to
				insure timely submission of its proposal. Bids received after the scheduled
				date and time will not be accepted. Electronically transmitted proposals will
				not be accepted. Only those firms which have supplied complete information will
				be considered. No partial proposals will be considered. Properly defined
				alternate proposals, which result in a savings to the State of New York, will
				be considered.
(b) After being
				contacted by the department, qualifying firms shall make individual
				presentations before the department's Executive Review Committee at the
				department's offices in either Albany or New York City. Sites shall be
				determined by the department prior to contact. The Executive Review Committee
				shall review the proposals and oral presentations in accordance with the
				criteria specified in section
				80.5 of this Part. The commissioner
				shall review the recommendation of the Executive Review Committee and select
				the winning proposal.
(c) The
				department reserves the following prerogatives:
(1) reject all proposals;
(2) waive or modify minor irregularities in
				proposals received;
(3) negotiate
				with the bidders, within bid requirements, to best serve the interests of the
				State of New York;
(4) amend the
				specifications after their release, with proper notice given all bidders, to
				modify their proposals to reflect the changed specifications; and
(5) utilize any or all ideas submitted in the
				proposals received, unless those ideas are covered by legal patent or
				proprietary rights.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter IX - State Travel Guide › Part 80 - State Travel Guide › Section 80.7 - Publisher's responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
At the option of the department, the publisher shall be
				  responsible for all or some phases of development, production and dissemination
				  of the Travel Guide, under the direction of the department. In fulfillment of
				  this obligation, the publisher shall, where applicable:
(a) develop a program which meets the
				criteria established by the department in the publication of the Travel
				Guide;
(b) upon the request of the
				department, provide a plan for the dissemination of the Travel Guide;
				and
(c) work with department staff
				on the production of all Travel Guide editorial content and layout.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter IX - State Travel Guide › Part 80 - State Travel Guide › Section 80.8 - Contractual information

Current through Register Vol. 46, No. 28, July 10, 2024
A contract detailing the responsibilities of the department
				  and the publisher will be drafted by the department. The contract term shall be
				  for two years, with an option to extend for one additional year at rates to be
				  negotiated. After the department and the publisher execute the contract, it
				  shall be submitted for approval to the Attorney General' s Office and the
				  Office of the State Comptroller. The contract shall address, but not be limited
				  to, the following issues:
(a) services
				to be provided by the publisher;
(b) reports required, which shall include,
				but not be limited to, weekly inventory reports of collateral materials,
				monthly progress reports setting forth activities per departmental campaign for
				the preceding month, and quarterly activity and financial reports;
(c) payment for services to be performed;
				such payment shall be made upon receipt of monthly progress reports and duly
				authenticated invoices/vouchers detailing expenses; and
(d) subcontracts or purchases after contract
				is awarded, which are over $2,500, and which shall adhere to the following:
(1) subcontracts or purchases which are sole
				sourced shall include a detailed justification for sole sourcing; and
(2) subcontracts or purchases which are
				competitively bid shall include bids from a minimum of five qualified firms,
				and the lowest responsible bidder shall be accepted; and
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter X - New York State Job Incentive Board › Part 101 - Job Incentive Board › Section 101.1 - Members

Current through Register Vol. 46, No. 28, July 10, 2024
The members of the board shall be the Commissioner of
				  Commerce, the Commissioner of Taxation and Finance, the Commissioner of Labor,
				  the Commissioner of Agriculture and Markets, the Secretary of State, the
				  Commissioner of Housing and Community Renewal, the chairman of the State Board
				  of Equalization and Assessment, and such other State officer as the Governor
				  shall designate, all serving ex officio and without salary.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter X - New York State Job Incentive Board › Part 101 - Job Incentive Board › Section 101.4 - Alternates

Current through Register Vol. 46, No. 28, July 10, 2024
Each member of the board may, by official order filed in the
				  office of the agency of which he is commissioner or director, designate a
				  deputy or other representative in such agency to perform his duties on the
				  board. The bureau shall be notified in writing of any
				  designation.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter X - New York State Job Incentive Board › Part 101 - Job Incentive Board › Section 101.5 - Offices

Current through Register Vol. 46, No. 28, July 10, 2024
The offices of the board and the bureau are located in the
				  Department of Commerce, 99 Washington Avenue, Albany, NY
				  12245.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter X - New York State Job Incentive Board › Part 102 - Powers And Duties Of Board › Section 102.1 - Eligible areas

Current through Register Vol. 46, No. 28, July 10, 2024
The board shall, from time to time, determine and designate
				  areas eligible for location of business concerns applying for tax credits and
				  exemptions.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter X - New York State Job Incentive Board › Part 102 - Powers And Duties Of Board › Section 102.2 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applications
				for certificates of eligibility shall be submitted, upon forms supplied by the
				board, in detail sufficient for the board to determine eligibility.
(b) In applying for credits for retained
				jobs, it shall be the burden of the applicant to demonstrate, to the
				satisfaction of the board, in a sworn written statement that the investment for
				which credit is sought is reasonably necessary:
(1) to preserve jobs in existence at the time
				of the application;
(2) to
				discourage the applicant from relocating to a site outside the State;
				or
(3) to discourage the applicant
				from ceasing operations or going out of business.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter X - New York State Job Incentive Board › Part 102 - Powers And Duties Of Board › Section 102.3 - Approval of application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				board shall determine whether or not an applicant is or may become eligible to
				receive credits under article 9-A, 9-B, 9-C, 23, 32 or 33 of the Tax Law, or
				exemptions under section
				485 of
				the Real Property Tax Law, or both.
(b) The board shall not approve any
				application which concerns the removal of a business facility 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 applicant within the State, unless the applicant
				demonstrates to the satisfaction of the board, in a sworn written statement by
				a corporate officer, partner or sole proprietor, that the proposed facility is:
(1) reasonably necessary to discourage the
				applicant from removing such other facility to a location outside the State;
				or
(2) reasonably necessary to
				preserve the competitive position of the applicant in its respective industry.
An applicant may be deemed to meet the requirements of
				  paragraph (1) of this subdivision if, in his submission to the board, he
				  demonstrates:
(i) the feasibility of
				out-of-state relocation; and (ii) that such relocation would provide a
				significant reduction in production costs compared to production costs at the
				existing location. An applicant may be deemed to meet the requirements of
				paragraph (2) of this subdivision if, in his submission to the board, he
				demonstrates that such relocation will be instrumental in halting at least
				three consecutive years of declining profitability of its existing facility or
				in providing a significant reduction in operating or production costs. For
				purposes of this section, area shall mean county, except that in reference to
				the city of New York, area shall mean the city of New York.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter X - New York State Job Incentive Board › Part 102 - Powers And Duties Of Board › Section 102.4 - Letter of intent

Current through Register Vol. 46, No. 28, July 10, 2024
Upon approval of an application, the board shall issue a
				  letter of intent informing the applicant that, if there is compliance with the
				  provisions of section 118 of the Commerce Law, a certificate of eligibility for
				  tax credits or a certificate of eligibility for real property tax exemptions,
				  or both, shall be issued.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter X - New York State Job Incentive Board › Part 102 - Powers And Duties Of Board › Section 102.5 - Affidavit of compliance

Current through Register Vol. 46, No. 28, July 10, 2024
Before any certification, the applicant must submit an
				  affidavit of compliance.
(a) In the
				case of a certificate of eligibility for tax credits, the affidavit of
				compliance shall include:
(1) the name and
				address of the applicant;
(2) the
				fiscal year of the applicant for tax purposes;
(3) the date on which the eligible business
				facility first became eligible;
(4)
				the amount of each element of eligible property values and any itemized
				schedules that the board may require;
(5) the number of jobs created and/or
				retained;
(6) the total amount of
				wages, salaries or other compensation paid during the eligible period to
				employees holding jobs created or retained;
(7) a statement that an approved training
				program has been provided at the business facility or facilities; and
(8) any other statements the board may deem
				appropriate to assist it in determining original or continuing eligibility in
				the program.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter X - New York State Job Incentive Board › Part 102 - Powers And Duties Of Board › Section 102.6 - Certificate of eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
The board shall issue, revoke or modify a certificate of
				  eligibility after satisfactory verification of the affidavit of compliance and
				  any other information that the board may deem pertinent.
(a) In the case of a certificate of
				eligibility for tax credits, no such certificate shall be issued until after
				the close of the applicant's taxable year.
(b) In the case of a certificate of
				eligibility for real property tax exemptions, such certificate may be issued at
				any time before the applicable taxable status date. The board shall issue a
				certificate of eligibility for real property tax exemptions only when a local
				law or resolution has been adopted in the eligible area of the eligible
				business facility pursuant to section
				485 of
				the Real Property Tax Law.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter X - New York State Job Incentive Board › Part 102 - Powers And Duties Of Board › Section 102.7 - Contents of certificate of eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A certificate of eligibility for tax
				credits, and any renewal or extension thereof, shall include:
(1) the name of the business
				concern;
(2) the location of the
				eligible business facility or facilities;
(3) the taxable year to which the certificate
				relates;
(4) the total amount of
				eligible property values included in the business facility or facilities, and
				the prorated amount thereof for tax credit purposes;
(5) the total amount of eligible wages paid
				at the facility for jobs created or retained; and
(6) a list of jobs created or retained by the
				business facility or facilities.