Current through Register Vol. 45, No. 52, December 27, 2023
(a)
Definitions.
For the purposes of this section, the terms below shall have
the following meaning:
(1)
Life sciences shall mean advanced and applied sciences that
expand the understanding of human physiology and have the potential to lead to
medical advances or therapeutic applications including, but not limited to,
academic medical centers, agricultural biotechnology, biogenerics,
bioinformatics, biomedical engineering, biopharmaceuticals, biotechnology,
chemical synthesis, chemistry technology, diagnostics, genomics, image
analysis, marine biology, marine technology, medical devices, nanotechnology,
natural product pharmaceuticals, proteomics, regenerative medicine, RNA
interference, stem cell research, clinical trials, including, but not limited
to, neurological clinical trials and veterinary science.
(2)
Life sciences entity
shall mean a business corporation, partnership, firm, unincorporated
association, or any other entity engaged in life sciences research,
development, manufacturing or commercialization, or collaborating with entities
engaged in life sciences research, development, manufacturing or
commercialization.
(3)
Corporation shall mean the New York State Urban Development
Corporation doing business as Empire State Development.
(4)
Life sciences economic
development benefits means the creation, expansion, enhancement or
acceleration of life sciences programs throughout the State that leads to:
(i) the commercialization of life sciences in
New York State;
(ii) the creation
or retention of jobs in the life sciences industry employing full time
permanent employees;
(iii) the
promotion of the life science ecosystem within a region of the State;
(iv) new patents in life science;
(v) additional commercial laboratory space;
or
(vi) additional venture capital
money for Life Sciences Entities in New York State.
(5)
Evaluation criteria
shall mean the criteria set forth in subdivision (d) of this section to be
applied by the corporation in evaluating applications for Capital Assistance
Program funding.
(6)
Full
time permanent employee shall mean:
(i) a full-time, permanent, employee on a
life sciences entity's payroll, who has worked at the project location for a
minimum of 35 hours per week for not less than 4 consecutive weeks and who is
entitled to receive the usual and customary fringe benefits extended by the
entity to other employees with comparable rank and duties; or
(ii) two part-time, permanent, private-sector
employees on the life sciences entity's payroll, who have worked at the project
location for a combined minimum of 35 hours per week for not less than 4
consecutive weeks and who are entitled to receive the usual and customary
fringe benefits extended by the entity to other employees with comparable rank
and duties.
(b)
Available capital
assistance.
The Capital Assistance Program makes available financial
assistance in the form of grants or loans (secured or unsecured), or a
combination of such assistance, or contracts for services in the corporation's
discretion, for use by life sciences entities for eligible uses as set forth in
subdivision (e) of this section.
(c)
Application process.
(1) Applications from life sciences entities
will be accepted on a rolling basis throughout the year. Life sciences entities
requesting capital assistance shall provide the following information about the
project and the applicant, as applicable, in a form provided by, or otherwise
acceptable to, the corporation including, without limitation, the following:
(i) a description of the project or activity,
including information indicating how the proposed project or activity will
create, expand, enhance or accelerate the commercial life science industry
through programs, research, job creation and retention within New York State
and will result in the other life sciences economic development benefits as
defined in paragraph (a)(4) of this section;
(ii) the number and amount of other funding,
including Federal, that the applicant has applied for, is eligible for or has
received for the same initiative;
(iii) the number of jobs in the life sciences
industry employing full time permanent employees to be created or retained as a
result of the proposed project or activity, the titles or classifications of
such jobs and the average annual salaries associated with each;
(iv) information about the applicant,
including but not limited to, its history, ownership, size, primary products
offered or services rendered, major customers, its market and marketing
strategy;
(v) information about the
proposed project financing including, but not limited to, total project cost,
total program assistance requested, a budget breakdown of the sources and
proposed uses of all funding, a description of the need for the requested
program funding and justification for the amount requested;
(vi) a description of how the project will be
implemented, including a project schedule, and the current status of the
project;
(vii) anticipated project
results; and
(viii) information
with respect to the site of the project and the impact, if any, on the
environment and any landmark or historic properties.
(2) Depending on the nature of the project or
activity (such as acquisition of machinery and equipment; acquisition,
construction or renovation of property, etc.) and the type of assistance
requested, life science entities may be required to provide other information
about the project, including some or all of the following, as may be
appropriate:
(i) a complete set of financial
statements for at least the three preceding fiscal years, operating pro
formas going forward three years, and current financial statements for
any proposed guarantors;
(ii) a
list of proposed collateral, with any available appraisals;
(iii) resumes of principal officers and a
list of owners, shareholders, or partners;
(iv) a copy of any related real estate
purchase option or contract for sale;
(v) a legal description and survey of the
property;
(vi) a
construction-to-occupancy schedule; and
(vii) copies of any preliminary architectural
drawings, scope of work, cost estimates and schematics.
(3) Applications may include a request for
funding for single or multiple life sciences projects or activities.
(4) Upon receipt of the application, the
corporation shall review the application for eligibility, completeness, and
conformance with the applicable requirements of these guidelines. Applications
shall be processed in full compliance with the applicable provisions of section
16-aa of the New York State Urban Development Corporation Act.
(5) The corporation may issue a request for
proposals for contracts for services in lieu of an application where it deems
it appropriate. Such request for proposals will set forth eligibility
guidelines which may differ from those contained herein.
(d)
Evaluation criteria.
The corporation shall evaluate applications for capital
assistance in accordance with the following criteria as applicable:
(1) the financial condition of the entity
undertaking the project, including its profitability or potential to generate
profits; liquidity; ability to service debt and its leverage ratio;
(2) management experience, ability and
relevant knowledge and the relevant entity's general ability to carry out the
project;
(3) satisfactory credit
references;
(4) the absence of
State or local tax judgments; provided however, in the case of a tax certiorari
proceeding a life sciences entity would not be considered in arrears until a
final decision is made with respect to such proceeding;
(5) whether the applicant clearly
demonstrates how the proposal will result in life sciences economic development
benefits and the likelihood that the project will result in life sciences
economic development benefits to the State;
(6) the availability of other sources of
funding, including offers of assistance from locations outside of the State,
including the Federal government, and the amount of private financing leveraged
by program funds; and
(7) the
corporation may consider the terms of any economic development assistance
available as an incentive for the location of the proposed project outside the
State.
(e)
Eligible uses.
Capital assistance program funds may be used for:
(1) new construction, renovation or leasehold
improvements;
(2) the acquisition
or leasing of land, buildings, machinery and equipment;
(3) working capital, including, without
limitation, workforce development;
(4) feasibility or planning studies related
to the development of commercial life sciences in the State; and
(5) contracts for services to support New
York life sciences' ecosystem.
(f)
Ineligible uses.
Institutions that are exclusively health care providers
and/or requests for the purchase of equipment associated with standard
healthcare delivery are not eligible for capital assistance program
funding.
(g)
Reporting
requirements.
Applicants shall submit an annual report satisfactory to the
corporation on the operation and accomplishments of the project including,
without limitation, a description of the activities undertaken, the economic
impact of the project, the number and amount of other sources of funding for
the project including Federal funds, jobs employing full time permanent
employees created and retained, and the average salary of such
jobs.
Amended
New
York State Register May 22, 2019/Volume XLI, Issue 21, eff.
5/2/2019
Amended
New
York State Register November 20, 2019/Volume XLI, Issue 47, eff.
11/20/2019