New York Codes, Rules and Regulations
Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT
Chapter XXII - Start-Up NY Program
Part 220 - Suny Tax-free Areas To Revitalize And Transform Upstate New York (start-up Ny) Program
Section 220.4 - START-UP NY Approval Board

Universal Citation: 5 NY Comp Codes Rules and Regs ยง 220.4

Current through Register Vol. 45, No. 52, December 27, 2023

(a) Each member of the START-UP NY Approval Board shall be entitled to designate a representative to attend meetings of the board in his or her place, and to vote or otherwise act on his or her behalf in his or her absence. Notice of such designation shall be furnished in writing to the board by the designating member. A representative shall serve at the pleasure of the designating member. A representative shall not be authorized to delegate any of his or her duties or functions to any other person.

(b) The board is responsible for the review and approval of plans for approval as a tax-free NY area from private universities and colleges that wish to become a sponsor. The board also reviews and approves plans submitted by certain SUNY, CUNY, or community college campuses seeking designation of tax-free NY areas as described in section 220.5 of this Part.

(c) The board, by majority vote, shall also designate as tax-free NY areas up to 20 strategic State assets, in addition to certain START-UP NY airport facilities and correctional facilities, as defined in section 220.2 of this Part. Each strategic State asset, START-UP NY airport facility, and correctional facility shall be affiliated with a SUNY, CUNY, community college, or private university or college and such designation shall require the support of the affiliated university or college. Each strategic State asset and START-UP NY airport facility may not exceed a maximum of 200,000 square feet of vacant land or vacant building space designated as a tax-free NY area.

(d) In addition, the board may approve:

(1) one plan that includes eligible land owned or leased by a CUNY that is directly adjacent to a CUNY campus;

(2) one plan that includes eligible land owned or leased by a SUNY, community college, or private university or college in Nassau County or Suffolk County that is directly adjacent to such college's or university's campus; and

(3) one plan that includes eligible land owned or leased by a SUNY, community college, or private university or college in Westchester County that is directly adjacent to such college's or university's campus. The board may approve an additional plan, for a SUNY, community college, or private university or college in Nassau or Suffolk County not previously approved, in which case it shall also approve a second plan for eligible land or space not previously approved for a CUNY.

(e) The board shall endeavor to meet not less than quarterly to review, evaluate and vote on plans.

(f) Board members and their designees shall disclose to the board any personal, business, or financial interest in:

(1) a sponsor; or

(2) a business that is participating in the program or has applied to participate in the program. A board member, or designated representative, shall recuse himself or herself from evaluating or voting on any plan where a personal, business, or financial interest might reasonably tend to conflict with the proper discharge of his or her duties or otherwise create the appearance of a conflict of interest. Where practicable, a board member who has recused himself or herself shall designate a representative to attend meetings of the board and vote or otherwise act in his or her place.

Amended New York State Register November 20, 2019/Volume XLI, Issue 47, eff. 11/20/2019

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