New York Codes, Rules and Regulations
Title 17 - DEPARTMENT OF TRANSPORTATION
Chapter I - Rules Generally
Part 36 - Industrial Access Program
Section 36.6 - Process

Universal Citation: 17 NY Comp Codes Rules and Regs ยง 36.6

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Proposals may be submitted to the appropriate Department of Transportation regional office by any State agency involved in promoting the economic development of the State, including but not limited to, the Department of Economic Development, Agriculture and Markets, the Urban Development Corporation, the Job Development Authority, or by a municipality or industrial development agency. A private entity shall submit its proposal through a government sponsor (State agency, municipality or industrial development agency). The Department of Transportation may act as the government sponsor for Stewart Airport facilities and similar projects.

(b) A proposal shall include, but not necessarily be limited to the following:

(1) a description of the industrial access project, including an implementation schedule and the provisions for public use and maintenance for the useful life of the transportation facility to be provided by the project;

(2) a description of how the economic development project, of which the industrial access project is a part, is consistent with the regional economic development strategy, if applicable, and the State's economic development goals;

(3) a declaration of the number of jobs to be created or retained by the economic development project;

(4) a description of the financing schedule for the economic development project, of which the industrial access project is a part, demonstrating the need for the State participation in the industrial access project component;

(5) an affirmation by the responsible public official or chief executive officer of the sponsoring agency that existing funding programs are not available or appropriate for the industrial access project due to:
(i) ineligibility for funding sources that are available;

(ii) unavailability of funding from other government programs;

(iii) unavailability of funding from private sources;

(iv) unavailability of funding commitment from any source in time to achieve obligatory and irrevocable project commitments;

(v) other causes, as applicable.

(6) a description of the method or plans for repayment to the State of 40 percent of the industrial access project costs.

(c) The Department of Transportation will consider all proposals in consultation with the Department of Economic Development and, as appropriate, other State agencies involved in promoting the economic development of the area in which the proposed project is located.

(d) Prior to the obligation of any funds from the industrial access program appropriation, the project and the repayment agreement must be approved by the New York State Director of the Budget.

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