New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2606 - New York State Financial Assistance To Business Program › Section 2606.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Unless defined herein, terms used in this Part shall have the
				  meaning set forth under section
				  56-0101 of the Environmental
				  Conservation Law (ECL). Terms used in this Part have the following
				  meanings:
(a) Business means any
				individual, sole proprietorship, partnership, corporation, limited liability
				company or any other entity operating or licensed to operate in New York State,
				including a small business.
(b)
				Certified equipment means equipment that has been certified by the corporation,
				the department or another agency of the State as eligible for funding pursuant
				to this Part.
(c) Corporation means
				the New York State Environmental Facilities Corporation, or its successor,
				unless otherwise indicated.
(d)
				Cost means the cost of an approved eligible project, which shall include
				appraisal, surveying, engineering and architectural services, plans and
				specifications, consultant and legal services, construction and other direct
				expenses incident to such project less any Federal or State funds, other than
				those provided pursuant to article 56 of the ECL, for such project received or
				to be received.
(e) Department
				means the Department of Environmental Conservation of New York State.
(f) Disbursement means a transfer of State
				assistance to the project owner from the corporation, or its custodian,
				pursuant to a State assistance contract.
(g) ECL means chapter 43-B of the
				Consolidated Laws of New York State, entitled the Environmental Conservation
				Law.
(h) Eligible project means a
				business environmental compliance assistance project which enhances the quality
				of the waters or air of the State through compliance with environmental laws
				and regulations, or which remedies or prevents environmental deficiencies, and
				which the corporation has determined is eligible for funding under this
				Part.
(i) Environmental compliance
				assistance project means the planning, design, construction, improvement,
				maintenance, or acquisition of facilities, production processes, equipment,
				buildings or water or wastewater infrastructure for compliance with
				environmental laws and regulations or other pollution avoidance
				activities.
(j) Financial
				Assistance to Business (FAB) Program means the program for providing State
				assistance for eligible projects pursuant to article 56 of the ECL and this
				Part. The FAB Program includes the FAB Air Program and the FAB Water
				Program.
(k) FAB Air Program means
				the program established by ECL section 56-0611 to provide State assistance for
				small business environmental compliance assistance projects which enhance the
				quality of the air of the State through compliance with environmental laws and
				regulations, or by remedy or prevention of environmental
				deficiencies.
(l) FAB Water Program
				means the program established by ECL section 56-0303 to provide State
				assistance for business environmental compliance assistance projects which
				enhance the quality of the waters of the State through compliance with
				environmental laws and regulations, or to remedy or prevent environmental
				deficiencies.
(m) Municipality
				means any village, town or city with a population of less than one
				million.
(n) Project means an
				environmental compliance assistance project, unless otherwise
				specified.
(o) Principal means a
				sole proprietor; or a general partner of a partnership; or a majority
				shareholder or executive officer of a corporation; or a member of a limited
				liability corporation.
(p) Project
				owner means the business, municipality, school district, not-for-profit
				corporation or public benefit corporation which owns or operates the
				environmental compliance assistance project with respect to which State
				assistance is being sought, or provided, pursuant to this Part.
(q) Request for financial assistance (RFA)
				form means a project-specific information sheet to be filled out by a project
				owner in connection with its request for State assistance pursuant to this
				Part.
(r) SEQRA means the State
				Environmental Quality Review Act, constituting article 8 of the ECL.
(s) Small business means any business which
				is resident in the State, independently owned and operated, not dominant in its
				field, and employs not more than 100 individuals.
(t) State means the State of New
				York.
(u) State assistance means
				moneys paid or to be paid by the corporation pursuant to this Part to, or on
				behalf of, a project owner to pay all, or a portion, of the costs of an
				eligible project.
(v) State
				assistance contract means a contract by and between the corporation and a
				project owner for the payment by the corporation of State assistance.
(w) State assistance payment means payment of
				the State share of the cost of projects authorized by the Clean Water/Clean Air
				Bond Act of 1996 to preserve, enhance, restore and improve the quality of the
				State's environment.
(x) Useful
				life means the number of years the certified equipment is expected to remain in
				service as determined by the corporation.