N.Y. Comp. Codes R. & Regs. tit. 21 § 2605.5

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

Section 2605.5 - Pre-application process

(a) In order to be considered to receive financial assistance from the fund, each project sponsor must submit a pre-application to the corporation. The pre-application shall include information sufficient for the corporation to evaluate the proposed project. The corporation may request from a project sponsor:

(1) a written request from the project sponsor that the proposed project be listed in the DWIUP, if eligible;

(2) a description of the proposed project, including its location, estimated cost, a project construction schedule that includes the estimated dates of construction commencement and completion;

(3) a description of the need for the project;

(4) the economic development impact of the proposed project, including, but not limited to, the number of jobs estimated to be created or retained, the economic benefit to the State, and the costs and benefits of the project;

(5) information regarding the creditworthiness of the project sponsor, including financial statements and other relevant documents the corporation determines are necessary to determine such creditworthiness;

(6) information regarding the project sponsor, including information on any past felony convictions and other crimes of moral turpitude; and

(7) such other information as the corporation may deem necessary to determine the project's eligibility for assistance from the fund.

(b) In order to be considered to receive assistance from the fund, each project sponsor shall submit a completed pre-application to the corporation prior to the pre-application deadline contained in the notice described in section 2605.4 of this Part.

(c) Following the pre-application deadline:

(1) The corporation will evaluate the reasonableness and viability of each of the projects for which a complete pre-application has been submitted. In making such an evaluation, the corporation shall consider such factors as the corporation deems necessary, including, without limitation, evaluating the creditworthiness and background of project sponsors, as well as consulting with DED and other State agencies.

(2) The corporation shall request that DOH determine whether each proposed project is eligible for DWSRF financing. For those projects deemed eligible for DWSRF financing, the corporation shall request DOH to determine the DWSRF score and include the project in the DWIUP with a notation that the eligible project may also be eligible for assistance from the fund. Those eligible projects deemed ineligible for DWSRF financing shall also be included with the DWIUP, as a separate list, and clearly marked as only being eligible for assistance from the fund.

(3) For any projects that would create, construct or modify a public water system, the corporation shall request DOH to review such projects to ensure that such projects meet all applicable State and Federal regulations.

(4) The corporation shall also request that DEC review all pre-applications and determine whether any projects require any DEC permits or approvals.

(5) The corporation may also seek other assistance it deems necessary to review the projects for which pre-applications were submitted.

(d)

(1) Once the corporation has completed its evaluation of the pre-applications, the corporation shall forward a list of eligible projects to DED along with a statement of the available funding period resources.

(2) Using the information obtained during the pre-application period, DED will then recommend to the corporation the projects to be financed with the available funding period resources. In making this recommendation, DED shall consider the number of jobs the project will create and/or retain, the costs and benefits of the eligible project as compared to other projects, the overall economic benefit of the project to the State and the potential for the proposed project to enhance the State's technology industry development effort, as well as any other criteria determined by DED to reflect the proposed project's potential benefits to the State.

(3) As part of this request, the corporation shall also request that DED prioritize the listed projects.

(e) The corporation will review the list of eligible projects compiled by DED and the recommendations. The corporation will then make a final determination as to which projects will be provided assistance from the fund based upon this determination and any other factors that the corporation deems appropriate.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 2605.5