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 220.8 - Application process for eligible private university or college campuses for approval as a tax-free NY area
Current through Register Vol. 46, No. 12, March 20, 2024
(a) In order to become a sponsor, an eligible private university or college campus must submit a plan for approval to the commissioner containing, among other things:
(b) If the plan includes any land or space located outside of the university or college campus, the university or college must consult with the chief executive officer of the municipality or municipalities and notify a local economic development entity representing the area in which the proposed tax-free NY area is located prior to including such space or land in its proposed tax-free NY area at least 30 days prior to submitting the plan to the commissioner. The university or college shall include in the plan to the commissioner certification of such consultation and notification, as well as a copy of any written responses or comments, received prior to submission of the plan to the commissioner, from the parties with which the university or college consulted or to which the plan was submitted.
(c) The commissioner shall have the right to reject, in his or her sole discretion, any application that he or she determines is incomplete, without making any determination to approve or disapprove the application. In such circumstances, the commissioner shall advise the university or college that the application has been rejected as incomplete.
(d) Having determined that an application is complete and that the university or college meets the eligibility criteria set forth in section 220.5 of this Part, the commissioner will forward the plan to the START-UP NY Approval Board. The board will examine the merits of each proposal, including but not limited to, compliance with the eligibility criteria set forth in section 220.5 of this Part, reasonableness of the economic and fiscal assumptions contained in the application and in any supporting documentation and the potential of the proposed plan to create new jobs. The board will also give preference to plans that include underutilized properties within their proposed tax-free NY areas. The board will prioritize for acceptance plans for tax-free NY areas in counties that contain a city with a population of 100,000 or more without a university center as of June 20, 2013, and shall approve applications in a manner that ensures regional balance and balance among eligible rural, urban and suburban areas in the State. The board by a majority vote shall approve or reject each plan forwarded to it by the commissioner.
(e) The sponsor will be notified in writing that the proposed available land or vacant space has been approved as a tax-free NY area and will be advised that the sponsor may solicit businesses immediately to locate into the approved tax-free NY area and apply to participate in the START-UP NY Program. The commissioner will also publicly post information about approved tax-free NY areas on the department's website and encourage eligible businesses to locate into the approved tax-free NY area and apply to participate in the START-UP NY Program.
(f) Plans shall be accepted by the START-UP NY Approval Board throughout the year and shall be due at least 21 days before any board meetings for consideration at that meeting. Notwithstanding the provisions in this section, the START-UP NY Approval Board shall, in its discretion, review completed plans submitted pursuant to this section on a rolling basis.
(g) The commissioner shall have authorization to enter onto any land or space identified on any plan for approval as a tax-free NY area, as well as to have access to any information, documents, or records submitted in support of any plan, for the purposes of inspection, auditing and copying. Nothing herein shall diminish, or in any way adversely affect, New York State's right to discovery in any pending or future litigation, or the ability of the Department of Taxation and Finance or the Department of Labor to conduct any independent audit or review.