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(c) The availability of alternative funding sources for the proposed infrastructure project, if any;

(d) The amount of private-sector investment generated or likely to be generated by the proposed infrastructure project, if any;

(e) The demonstrated public support for the proposed infrastructure project;

(f). The likelihood of accomplishing the proposed infrastructure project in a timely fashion; and

(8) The extent to which the area in which the project is to be located lacks the infrastructure necessary to attract or retain businesses or to permit existing businesses to expand.

2. In approving infrastructure projects allotted funds under subdivision (a) of section three hundred eight of this article, priority shall be given to projects that:

(a) Will involve the employment or services of minority- and womenowned business enterprises; or

(b) Will support apprenticeship training; or

(c) Are located in an economic development zone or in a highly distressed area.

§ 311. Review of applications. Applications for state funding for infrastructure projects shall be in a form prescribed by the commissioner. The commissioner shall review the application for each project contained in the memoranduin of understanding entered into pursuant to the chapter of the laws of nineteen hundred ninety-two which added this article and approve applications for projects which conform to the requirements of sections three hundred nine and three hundred twelve of this article. If a project fails to meet such requirements the commissioner shall promptly notify the applicant in writing of the reasons therefor. Copies of such notice shall be transmitted to the director of the budget, the chair of the senate finance committee, the chair of the assembly ways and means committee and the members of the task force created by section three hundred nine-a of this article.

$ 312. Eligible and ineligible costs. 1. Eligible costs. The eligible costs of an infrastructure project pursuant to this article may include direct expenses incident to the acquisition, construction or reconstruction of such project, including but not limited to land acquisition (except

provided

in paragraph (d) of subdivision two of this section), site clearance, demolition, site improvement and site preparation costs;

2. Ineligible costs. The following costs of an infrastructure project pursuant to this article are not eligible costs:

(a) expenses or other costs incurred prior to the project application;

(b) any expense required to carry out the overall responsibilities of the project sponsor, such as administrative costs; (c) municipal personal

services costs of a regular and recurring nature; and

(d) if the land is acquired from the state, land acquisition costs, except that expenses actually incurred in

connection with obtaining title to such real property, such as survey costs and legal costs, shall be eligible.

State share of eligible costs. Payment of the state share of the cost of infrastructure projects shall not exceed sixty percent of the total eligible cost of such infrastructure project, provided, however, that for an infrastructure project located in economic development

a highly distressed area, such payment shall not exceed eighty, percent of the total eligible cost of the infrastructure project and

further that such payment may be up to one hundred percent of the eligible cost of the infrastructure project if such

project is located on state property.

4. Notwithstanding any provision of this article to the contrary, proceeds of the bonds not allotted for projects included in the memorandum of understanding entered into pursuant to the chapter of the laws of nineteen hundred ninety-two which added this article may not be spent on any infrastructure project to be located within the area in New York, county bounded by (a) the northern boundary of fifty-ninth street

and fifty-ninth street extended; (b) the United States pierhead line; } the northern boundary of the area known as Battery Park City; and (d) the western boundary of West street, eleventh avenue, twelfth avenue or Route nine-A (whichever boundary is more westerly at any point).

§ 3. Subdivision 6 of section 3 of section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, the opening paragraph as amended and paragraphs (e) and (f) as

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added by chapter 839 of the laws of 1987 and paragraph (d) as amended by
chapter 847 of the laws of 1971, is amended to read as follows:

(6) "Project". A specific work or improvement including lands, build-
ings, improvements, real and

personal
properties

any interest
therein, acquired, owned, constructed, reconstructed, rehabilitated or
improved by the corporation or any subsidiary thereof, whether

not still owned financed by the corporation or any subsidiary thereof, including a residential project, an industrial project, a land use im provement project, a civic project, an industrial effectiveness project, [or] a small and medium-sized business assistance project, or an infrastructure project,

all as defined herein, or any combination thereof, which combination shall hereinafter be called and

known

"multipurpose project". The term "project"

used herein shall include projects, or any portion of a project.

(a) "Residential project". А project that portion of a multipurpose project designed and intended for the purpose of providing housing accommodations for persons or families of low income and such facilities as may be incidental or appurtenant thereto.

(b) "Industrial project". A project or that portion of a multi-purpose project designed and intended for the purpose of providing facilities for manufacturing, warehousing, research, business or other industrial or commercial purposes, including but not limited

to

machinery and equipment deemed

necessary for the operation thereof (excluding raw
material, work in process or stock in trade).

(c) "Land Use Improvement project". A plan or undertaking for the
clearance, replanning, reconstruction and rehabilitation or combina-
tion of these and other methods, of a substandard and insanitary area,
and for recreational other facilities incidental or appurtenant
thereto, pursuant to and in accordance with article eighteen of the con-
stitution and this act. The terms "clearance, replanning, reconstruc-
tion and rehabilitation" shall include renewal, redevelopment, conserva-
tion, restoration or improvement or any combination thereof as well
the testing and reporting of methods and techniques for the arrest, pre-
vention and elimination of slums and blight.

(d) "Civic project". A project that portion of a multi-purpose
project designed and intended for the purpose of providing facilities
for educational, cultural, recreational, community, municipal, public
service or other civic purposes.

(e) "Industrial effectiveness project". A project or that portion of
a multi-purpose project designed and intended for the purpose of (i) im-
proving the productivity and competitiveness of an industrial firm' or a
group of industrial firms through such means as, but not limited to, the
redesign of production facilities, the introduction of new production
processes and management systems, the expansion diversification of
product lines, the development of new markets, and labor and management
cooperative efforts to enhance productivity; (ii) implementing
porate restructuring turnaround plan for an industrial firm; (iii)
effecting the transfer of the ownership and control of a viable indus-
trial firm to its employees, managers or other investors resident in the
state; or (iv) enhancing the opportunity for

industrial firm to
create or retain jobs, thereby promoting fuller employment and economic
development in the state.

(f) "Small and medium-sized business assistance project". A project
designed and intended for the purpose of providing assistance to indus-
trial firms that employ five hundred or fewer employees within the state
on a full-time basis.

(8) "Infrastructure project". Capital improvements to publicly-owned
real property under the jobs for the new, New York bond act pursuant to
article fifteen of the economic developinent law involving site clearance
or preparation or the demolition, construction

reconstruction of
basic utilities, systems or facilities, which, while not used directly
for the production of goods or services, are required as the foundation

to promote, stimulate or support economic activity resulting in the retention or creation of permanent private-sector jobs.

§ 4. Section 1 of chapter 174 of the laws of 1968, constituting the
New York state urban development corporation act, is amended by adding a
new section 6-a to read as follows:

§ 6-a. Sale or lease of infrastructure projects. (1) Notwithstanding
the provisions of any general, special or local law, subject to
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agreement with noteholders or bondholders, the corporation may sell or lease any infrastructure project, without public bidding or public sale, for such price

rental and upon such terms as may be agreed upon between the corporation and such purchaser or lessee, either prior to, at the date of, or subsequent to the completion of the project by the corporation, provided, however, that in the case of a lease, the term thereof shall not exceed ninety-nine years. Where such contract for sale or lease is entered into after the commencement of construction and prior to the physical completion of the improvement to be conveyed or leased, the corporation may complete the construction and development of such improvement prior to the actual conveyance or lease.

(2) Except with respect to projects sold or leased to the state or any agency or instrumentality thereof, to any municipality or agency or instrumentality thereof, or to any public corporation, before any sale or lease of all or a substantial part of a project as authorized by subdivision of this section is consummated, there shall be published in at least one newspaper of general circulation, in the municipality in which the project is located a notice which shall include a statement of the identity of the proposed purchaser or lessee, the price or rental to be paid,

all other essential conditions of such sale or lease, and a statement that a public hearing upon such sale or lease will be held before the corporation at a specified time and place on a date pot less than ten days after such publication, and such hearing shall be held in accordance with such notice.

(3) The responsibilities of the corporation in connection with the implementation of this section may include requesting and receiving title to real property from the commissioner of general services pursuant to section thirteen-a of this act. Such transfers shall be on such terms as the commissioner of general services and the chairman of the corporation shall determine, and shall, subject to any agreement with noteholders and bondholders, include a reversionary interest to the state and the terms on which the property may subsequently be transferred.

§ 5. Section 61 of the state finance law is amended by adding a new subdivision 28 to read as follows:

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INFRASTRUCTURE PROJECTS 28. Thirty years. For infrastructure projects approved by the commissioner of economic development pursuant to a chapter of the laws of nineteen hundred ninety-two, entitled "AN ACT to amend the economic development law, the New York state urban development corporation act, the state finance law and the executive law, in relation to the implementation of the jobs for the new, New York bond act and making appropriation therefor".

$96. The state finance law is amended by adding a new section 97-nn to read as follows:

§ 97-0n. Jobs for the new, New York bond fund. 1. There is hereby established in the joint custody of the state comptroller and the commissioner of taxation and finance a special fund to be known as the "jobs for the new, New York bond fund". 2. All

moneys

received by the state from the sale of bonds or notes pursuant to the jobs for the new, New York bond act shall be deposited by the comptroller in the jobs for the new, New York bond fund establ'ished pursuant to subdivision one of this section.

3. Moneys in this fund, following appropriation by the legislature and allocation by the director of the budget, shall be available for the purpose set forth in article fifteen of the economic development law.

$ 7. The executive law is amended by adding a new section 889-b to read as follows:

§ 889-b. Permit assistance for sponsors of approved infrastructure projects. (a) Upon the effective date of the jobs for the new, New York bond act, the office, by and through the director or the director's duly authorized officers and employees, shall establish a permit assistance program to provide permit processing assistance for sponsors of infrastructure projects approved pursuant to article fifteen of the economic development law. Such permit assistance program shall include, but not be limited to, providing assistance in obtaining the

prompt and effiçient processing, and review of applications for permits required for business undertaking, projects, and activities in the state.

(b) In providing such permit assistance, the director may designate officers or employees to act as permit assistance managers to fulfill

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the purposes set forth in subdivision two of section eight hundred
eighty-four of this article.

(c) Any state agency having jurisdiction of any permits to be issued
to sponsors of infrastructure projects approved pursuant to article fif-
teen of the economic development law, shall establish procedures to ex;
pedite permit applications for such infrastructure projects, and shall
file such procedures with the office. Such procedures shall include, but
not be limited to, provisions that require the agency to work with in-
frastructure project sponsors to ensure that permit applications are
complete when submitted.

(d) Applications for such permits for infrastructure projects shall be
approved or disapproved within forty-five days of submission thereof un-
less the applicable law or regulation specifies a different approval
period, and provided further that if the agency is unable to act on the
application within such forty-five day period, it shall provide written
notification to the director, and the sponsor specifying the reasons for
such inability to act and the date by which permit approval or disap-
proval will be determined.

(e) The director may request and shall receive the assistance of any
state agency having jurisdiction over any, business permits to be issued
to infrastructure project sponsors, in designating an officer or em-
ployee of such agency to coordinate agency efforts in cooperation with
the office in providing permit assistance for such sponsors.

§ 8. The comptroller is hereby authorized and directed to temporarily
loan money from the general fund or any other fund to the jobs for the
new, New York bond fund. Such loans shall be limited to the amounts im-
mediately required to meet disbursements, made in pursuance of an appro-
priation by law and authorized by a certificate of approval issued by
the director of the budget with copies thereof filed with the comp-
troller and the chairmen of the senate finance committee and the assem-
bly ways and means committee. The director of the budget shall not issue
such a certificate unless he shall have determined that the amounts to
be so loaned are receivable on account. When making loans, the comp-
troller shall establish appropriate accounts and if the loan is not
repaid by the end of the month, provide on or before the fifteenth day
of the following month to the director of the budget, the chairmen of
the senate finance committee and the assembly ways and means committee,

accurate accounting and reporting of the financial resources of each such fund at the end of such month. Within ten days of the receipt of such accounting and reporting, the director of the budget shall provide to the chairmen of the Senate finance committee and the assembly ways and

committee expected schedule of repayment by fund and by source for each outstanding loan. Repayment shall be made by the comptroller from the first cash receipts of this fund.

§ 9. There is hereby appropriated to the department of economic development from the jobs for the new, New York bond fund as established by section 97-nn of the state financé law in accordance with the provisions of such section the sum of two hundred fifty million dollars ($250,000,000), for payment

of the state share of the cost for infrastructure projects in accordance with the provisions of article 15 of the economic development law, for project costs, including costs incidental and appurtenant thereto, hereinafter referred to as "infrastructure project disbursements".

Notwithstanding the provisions of any general or special law, moneys hereby appropriated shall only be available for infrastructure projects in accordance with article 15 of the economic development law upon the issuance of a certificate of approval of availability by the director of the division of the budget and a copy of such certificate of approval filed with the comptroller, the chairman of the senate finance committee and the chairman of the assembly ways and means committee. Such certificate may be amended from time to time by the director of the budget,

copy of each such amendment shall be filed with the state comp-
troller, the chairman of the senate finance committee and the chairman
of the assembly ways and means committee.

The state comptroller at the commencement of each month shall certify
to the director of the division of the budget, the commissioner
economic development, the chairman of the senaté finance committee, and
the chairman of the assembly ways and means committee the amounts dis-
bursed from this appropriation for "infrastructure project disburse-
ments" for the month preceding such certification.
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§ 10. In addition it is the intent of the governor of the state of New York, the temporary president of the senate and the speaker of the sembly, on or before October 15, 1992, to enter into a memorandum of understanding, with respect to the implementation of the jobs for the new, New York bond act as established by a chapter of the laws of 1992. The minority leaders of the senate and assembly may also enter into such memorandum of understanding. Such memorandum of understanding shall be consistent with the provisions of article 15 of the economic development law as enacted by the chapter of the laws of 1992 adding this section and shall include projects for which funds are committed pursuant to this act.

§ 11. There is hereby established an account within the miscellaneous state special revenue fúnd entitled the jobs for the new, New York bond act administrative account. The comptroller is hereby authorized and directed to deposit fees collected to such account pursuant to section 302 of the economic development law, as added by this act.

§ 12. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.

5 13. This act shall take effect immediately, provided that, the provisions of sections 301, 303, 304, 305, 306, 307, 308, 311 and 312 of article 15 of the economic development law (added by section two of this act) and sections three, four, five, six, seven, eight and nine of this act shall only be implemented upon approval by the electorate of the jobs for the new, New York bond act' at the general election to be held

November of 1992. In the event such bond act is disapproved then the provisions of this act which by the terms of this section are authorized to take effect upon the effective date hereof, shall cease to be of any further force and effect.

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CHAPTER 651

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AN ACT to repeal section 309-a of the economic development law relating

to the creation of a task force proposed to be involved in the implementation of article 15 of such law and further amending the economic development law, in relation to making technical changes necessitated

by the elimination of such task force Became a law July 31, 1992, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assenbly, do enact as follows:

Section 1. The section heading of section 309-a of the economic development law is deleted from the schedule of sections contained article 15 of such law.

§ 2. Section 302 of the economic development law, as added by a chapter of the laws of 1992, amending the economic development law relating to the implementation of the jobs for the new, New York bond act, as proposed in legislative bills numbers S. 8997-A and A. 12433, is amended to read as follows:

§ 302. Powers and duties of the commissioner. In administering the provisions of this article, the commissioner:

1. Shall make an itemized estimate of funds or appropriations requested annually for inclusion in the executive budget;

2. Shall, not later than September first, nineteen hundred ninety-two, distribute project eligibility guidelines to not later than September fifteenth, nineteen hundred ninety-two, solicit

potential applicants, and and commence accepting proposals for infrastructure projects from elected officials of municipalities and from other prospect ive applicants. Such guidelines shall describe infrastructure project application procedures and review processes. Thereu pon, the

commissioner shall review infrastructure project proposals received and render

opinion

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