N.Y. Comp. Codes R. & Regs. tit. 5 § 70.10

Current through Register Vol. 46, No. 45, November 2, 2024

Section 70.10 - Applications for program assistance

(a) An applicant shall file an application for program assistance with the department on forms provided by the department.

(b) Applications for feasibility studies shall include, but not be limited to:

(1) a detailed statement of tasks to be performed, estimated costs and schedule for completion of each task;

(2) a description of the specific secondary materials and/or waste prevention technology or practice to be addressed by the study;

(3) a description of the nature of the secondary materials processing activity or waste prevention technology or practice for which the study results will be applied (e.g., separation, processing, manufacturing, process or procedure modifications, reformulation or redesign of products, equipment modifications, etc.);

(4) a commitment by the applicant to meet required cost-sharing contributions;

(5) the name and qualifications of the firm or individual who will perform the feasibility study;

(6) the ultimate results to be achieved by the applicant, in terms of cost savings to the business and environmental benefits to the State, should the feasibility study prove successful; and

(7) submission of financial and such other information as the department may deem necessary and appropriate.

(c) Applications for program assistance, other than feasibility studies, 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 70.13 of this Part;

(9) if applicable, construction bids, containing cost estimates for the proposed waste prevention 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 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.

N.Y. Comp. Codes R. & Regs. Tit. 5 § 70.10