N.Y. Comp. Codes R. & Regs. tit. 21 § 2605.2

Current through Register Vol. 46, No. 50, December 11, 2024

Section 2605.2 - Definitions

(a) Terms used in this Part or to be used in complying with this Part have the following meanings. Unless defined herein, terms used in this Part shall have the meaning set forth under section 1281 et. seq. of the Public Authorities Law.

(1) Act means the "Jobs 2000 for New York State (J2K) Act", created by chapter 624 of the Laws of 1999.

(2) Application means a form developed by the corporation and submitted by a project sponsor who has received a confirmation letter.

(3) Assistance from the fund means any financial assistance from the fund provided by the corporation to a recipient for an eligible project.

(4) Business means any individual, sole proprietorship, partnership, corporation, limited liability company or any other entity operating or licensed to operate in the State.

(5) Comptroller means the comptroller of the State.

(6) Confirmation letter means the letter issued by the corporation to a project sponsor indicating the amount of financial assistance which has been reserved for that project.

(7) Construction means the erection, building, acquisition, alteration, reconstruction, improvement, enlargement or extension of an eligible project; the inspection and supervision thereof; and the engineering, architectural, legal, fiscal, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other actions necessary thereto.

(8) Corporation means the New York State Environmental Facilities Corporation.

(9) Corpus allocation means the amount of moneys from the fund, as determined by the corporation, allocated to provide earnings to reduce a recipient's total financing costs for an eligible project.

(10) DEC means the State Department of Environmental Conservation.

(11) DED means the State Department of Economic Development.

(12) DOH means the State Department of Health.

(13) Design means necessary design calculations and decisions and the preparation of construction drawings and specifications.

(14) Disbursement means a transfer of fund moneys to the recipient from accounts held by the corporation's custodian in accordance with the executed PFLA.

(15) Drinking water intended use plan (DWIUP) means the document published regularly by DOH and the corporation entitled "Final Intended Use Plan Drinking Water State Revolving Fund" pursuant to chapter 413 of the Laws of 1996 and the Safe Drinking Water Act (Public Law 104-182).

(16) Drinking water state revolving fund or DWSRF means the New York State drinking water revolving fund, established pursuant to chapter 413 of the Laws of 1996.

(17) DWSRF score means the score awarded to a DWSRF eligible project by DOH that is included in the DWIUP.

(18) DWSRF eligible project means a project that is eligible for funding through the DWSRF.

(19) Eligible costs means those costs of an eligible project which the corporation determines are properly allocable to that project in accordance with applicable laws and regulations.

(20) Eligible project means a project intended to create, improve or extend water supply facilities, including, but not limited to, drinking water facilities and cold water supply facilities for economic development purposes on behalf of businesses, which may include projects that may be eligible for financing under or designed to comply with the requirements of the Federal safe drinking water act or other applicable Federal laws and State drinking water quality goals and standards.

(21) Engineering report means the document or documents incorporating the results of preliminary project planning and technical and fiscal studies to determine the technical and economic feasibility of the project.

(22) Financial assistance means any State assistance payments for the State share of the costs of an eligible project, or any one or more of the following:

(i) loans to recipients for construction of eligible projects on such terms as the corporation may determine, subject to any applicable provisions of Federal or State law;

(ii) buying or refinancing debt obligations of recipients at market or below market rates, subject to any applicable provisions of Federal or State law;

(iii) guarantying, or purchasing insurance or other credit enhancement for municipal obligations where such actions would improve credit, market access for or reduce interest rates on such municipal obligations;

(iv) providing a source of revenue or security for payment of principal and interest on bonds or notes issued by the corporation if the proceeds of the sale of such bonds will be deposited in the fund; or

(v) providing interest rate subsidies from investment earnings on corpus allocations to subsidize loans to recipients made from the proceeds of the corporation's bonds or notes.

(23) Fund means the pipeline for jobs fund established by chapter 624 of the Laws of 1999.

(24) Fund assistance means assistance from the fund.

(25) Funding period means the period of time during which the corporation will accept pre-applications from project sponsors.

(26) Funding period resources means the amount available to provide fund assistance within a funding period.

(27) Interest rate subsidy means, for a leveraged loan, the earnings on the corpus allocation credited to the recipient to reduce the recipient's total financing costs for an eligible project.

(28) Loan means financial assistance in the form of a loan made by the corporation to a recipient for an eligible project.

(29) Leveraged loan means financial assistance in the form of a loan made from moneys deposited in the fund from the proceeds of the corporation's bonds or notes.

(30) Municipality means any county, city, town, village, district corporation, county or town improvement district, school district, Indian nation or tribe recognized by the State or the United States with a reservation wholly or partly within the boundaries of the State, any public benefit corporation or public authority established pursuant to the laws of the State, any sewer authority now existing in a city, or any agency of New York State which is empowered to construct and operate an eligible project, or any two or more of the foregoing which are acting jointly in connection with an eligible project.

(31) Planning means the orderly development of a project concept from the original statement of need or purpose through the evaluation of alternatives to a final recommendation on a course of action and measures to implement the selected alternative.

(32) Pooled bond issuance means the sale of bonds or notes by the corporation to provide assistance to two or more recipients.

(33) Pre-application means a form developed by the corporation which project sponsors must complete fully in order to be considered for financial assistance from the fund.

(34) Program means the Pipeline for Jobs Fund Program created pursuant to chapter 624 of the Laws of 1999.

(35) Project completion means the later of:

(i) the date that operation of the eligible project is initiated or is capable of being initiated; or

(ii) the date on which all construction or other activities of an eligible project for which allowable costs have been incurred, and for which financial assistance from the fund has been provided, have been completed.

(36) Project financing and loan agreement (PFLA) means an agreement, or agreements, between the corporation and one or more recipients with respect to the financing of an eligible project, and includes all document(s) evidencing a binding commitment between the corporation and the recipient(s) for a specified amount of financial assistance from the fund. The PFLA may contain the terms of the recipient's obligation to make payments to the corporation in connection with the financial assistance provided to the recipient by the corporation.

(37) Project sponsor means any municipality, public utility, public benefit corporation, or person, including any individual, firm, partnership, association, not-for-profit corporation or other corporation organized and existing under the laws of the State or any other state which is empowered to construct and operate an eligible project, or any two or more of the foregoing which are acting jointly in connection with an eligible project and seeking a loan from the fund.

(38) Public Authorities Law (PAL) means chapter 43-A of the Consolidated Laws of the State entitled the Public Authorities Law.

(39) Public Health Law (PHL) means chapter 45 of the Consolidated Laws of the State entitled the Public Health Law.

(40) Public notice means publication in the State Register and any other means of making information available to the general public that the corporation deems appropriate.

(41) Public water supply means any water system as defined in 10 NYCRR Part 5, Subpart 5-1, section 5-1.1, public water systems.

(42) Recipient means any project sponsor who has or will receive assistance from the fund.

(43) Safe drinking water act means title XIV of the Public Health Service Act 42 USC section 300 -f et seq.

(44) Segment of a project means one or more construction contracts and associated costs that the corporation and DOH determine constitute a discrete portion of the eligible project which may be financed and constructed separately from other eligible project segments.

(45) State means the State of New York.

(46) State assistance payment means payment of the State's share of the cost of any eligible project.

(47) State share means the amount of financial assistance from the fund provided to a recipient for an eligible project.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 2605.2