New York Codes, Rules and Regulations
Title 17 - DEPARTMENT OF TRANSPORTATION
Chapter I - Rules Generally
Part 36 - Industrial Access Program
Section 36.5 - Eligible costs
Universal Citation: 17 NY Comp Codes Rules and Regs ยง 36.5
Current through Register Vol. 46, No. 39, September 25, 2024
(a) The following costs are eligible for funding under this program:
(1) industrial access project design
costs;
(2) costs for completing and
updating previously prepared plans, specifications and estimates where
additional engineering or related planning work is required in order to
undertake construction of the industrial access project;
(3) costs associated with standard
construction activities which are normal and reasonable costs of construction
work performed under contract; and
(4) acquisition of real property.
(b) The following costs are ineligible for funding under this program:
(1) engineering costs or other expenses
related to project administration, planning, or estimates incurred prior to the
effective date of the legal agreement between the sponsor and the department
for the undertaking of the project;
(2) any expense required to carry out the
overall responsibilities of the sponsoring entity, such as administrative
costs;
(3) municipal personal
services costs of a regular and recurring nature, although engineering and
related nonpersonal service costs associated with the industrial access project
that might otherwise be performed under contract may be eligible if their
engineering nature can be demonstrated to be necessary to the project and they
are not specifically excluded elsewhere in this Part;
(4) audit expenses for work performed on the
industrial access project; and
(5)
any expense that has been or will be reimbursed from other sources.
(c) For any single industrial access project, costs shall not exceed $1 million of State industrial access program funds or 20 percent of any annual appropriation, whichever is greater except in the case of Stewart Airport facilities related to industrial access.
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