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
Universal Citation: 5 NY Comp Codes Rules and Regs ยง 71.9
Current through Register Vol. 46, No. 12, March 20, 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.
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