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 71.9 - 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) Program applications may include, but not
				be limited to, the following:
(1) a
				description of the applicant, including history, ownership, size, and primary
				products manufactured;
(2) a
				description of the proposed project, including total project cost, total
				program assistance requested, type of program assistance requested, location of
				the project, and the current status of the project;
(3) a complete set of financial statements or
				income tax returns for at least the three preceding fiscal years, if available,
				and operating pro formas going forward one year;
(4) a description of the need for the
				requested program assistance, a specific justification of the request, and a
				description of the expected impact of the program assistance on the applicant
				and the community;
(5) a budget
				breakdown of the sources and uses of funds associated with the proposed
				project;
(6) a list of proposed
				collateral, with appraisals;
(7) a
				list of all known security interests in the project property;
(8) a technical feasibility study, conforming
				with the requirements of section
				71.12 of this Part;
(9) if applicable, construction bids
				containing cost estimates for the proposed wastewater treatment project. Cost
				estimates and schedules must reflect the total installed cost of the project,
				including materials, labor, and construction management and design fees.
				Construction management fees greater than 15 percent of the cost of materials
				and labor for the project are not eligible for program assistance. At least two
				construction bids are required for all wastewater treatment projects. The
				department may, in its sole discretion, waive the above bid requirements where
				the applicant demonstrates good cause for the waiver;
(10) in the case of in-house projects,
				schedules reflecting the total installed cost of the project, including
				construction management and design costs, wages and projected hours to be
				worked on the proposed project, and two suppliers' estimates of the cost of the
				materials to be used for the project. Construction management costs greater
				than 15 percent of the cost of materials and labor for the project are not
				eligible for program assistance. Documentation of actual in-house labor costs
				incurred for approved projects shall be maintained by the program recipient for
				review and audit by the department for a period of six years;
(11) if applicable, a copy of the applicant's
				loan application to a financing institution, and the commitment issued by a
				financing institution to make a loan, including the terms and conditions of
				such loan;
(12) written commitments
				from other funding sources necessary for completion of the project; provided,
				however, that such commitments may be submitted either with the application or
				following review of the application and a determination of project eligibility
				by the department;
(13)
				authorization from the building owner to undertake the project, where the
				program application is being submitted by an applicant other than the building
				owner; and
(14) such additional
				information as may be required by the department.