§ 250 — Industrial infrastructure development program

§ 250. Industrial infrastructure development program. 1. Definitions.\nAs used in this article, unless a different meaning clearly appears from\nthe context, the following terms shall have the following meanings:\n (a) "Eligible applicant". Eligible applicants may submit proposals to\nthe appropriate regional office of the department and such applicant\nshall be any state agency involved in promoting the economic development\nof the state including, but not limited to, the departments of economic\ndevelopment, agriculture and markets, transportation, the urban\ndevelopment corporation and the job development authority, or a\nmunicipality, an industrial development agency or local development\ncorporation.\n (b) "Industrial infrastructure development project" shall mean a\nproject for the design, acquisition of property, construction and/or\nreconstruction in connection with storm and sanitary sewers, electric\nand gas service distribution lines, water supply systems, drainage\nsystems and site clearance, preparation, improvements, and demolition.\n (c) "Industrial facility" shall mean any type of facility to be used\nor occupied by any person in an enterprise deemed to offer a reasonable\nlikelihood for promoting the creation or retention of job opportunities\nin the state and includes, but is not limited to, industrial or\nmanufacturing plants, facilities for research and development purposes,\nfacilities for conducting wholesale, receiving and distributing\noperations, facilities for conducting office operations, warehousing\noperations, agricultural operations, or any other operation dealing in\nthe exchange of goods, wares, services or other types of property of any\ntype or description. Facilities supporting primarily retail commercial\noperations are not defined as industrial facilities.\n (d) "State agency" shall mean an office, department, board,\ncommission, bureau, division, public corporation, agency or\ninstrumentality of the state.\n 2. Project eligibility. Eligible projects shall include industrial\ninfrastructure projects which are an integral part of an economic\ndevelopment effort which will retain, attract, expand or revitalize an\nindustrial facility. Projects on which construction has been initiated\nare ineligible for funding under this program.\n 3. Eligible costs. The following costs are eligible for funding\nthrough this program:\n (a) industrial infrastructure development project design costs;\n (b) costs for completing and updating plans, specifications and\nestimates where preliminary engineering or related planning has already\nbeen undertaken, and where additional engineering work or related\nplanning is required to permit construction of the industrial\ninfrastructure development project;\n (c) costs associated with standard construction activities which are\nreasonable costs of construction work performed under contract; and\n (d) acquisition of real property.\n 4. Ineligible costs. The following costs are not eligible for funding\nunder this program:\n (a) expenses or other engineering costs incurred prior to the\nindustrial infrastructure development project initiation, related to\nadministration, planning or estimates;\n (b) any expense required to carry out the overall responsibilities of\nthe eligible applicant, such as administrative costs; and\n (c) municipal personal services costs of a regular and recurring\nnature.\n 5. Project costs. For any single industrial infrastructure development\nproject, costs shall not exceed two hundred fifty thousand dollars of\nstate funds.\n 6. Application process. Proposals shall include the following: (a) a\ndescription of the industrial infrastructure development project,\nincluding provisions for public use and maintenance for the useful life\nof the facility to be provided by the project, if appropriate; (b) a\ndescription of how the economic development project related to the\nindustrial infrastructure development project is consistent with the\nregional economic development strategy and the state's economic\ndevelopment goals; (c) an estimation of the number of jobs to be created\nor retained by the economic development project; (d) a description of\nthe financing and implementation schedule for the economic development\nproject demonstrating the need for state participation in the industrial\ninfrastructure development project component; (e) an affirmation by the\nresponsible public or corporate official to the effect that existing\nfunding programs are not available or appropriate for the industrial\ninfrastructure development project due to funding availability; and (f)\na description of the method or plans for repayment to the state of at\nleast fifty percent of the industrial infrastructure development project\ncosts.\n 7. Evaluation criteria. Applications shall be evaluated in accordance\nwith the following criteria:\n (a) the total number of jobs created or retained per dollar invested\nin the industrial infrastructure development project;\n (b) consistency with the appropriate regional development strategy;\n (c) the impact on existing and proposed economic development projects\nand programs and appropriateness of the proposed project concept;\n (d) the impact on existing infrastructure facilities and services, if\nany;\n (e) the availability of alternate funding sources;\n (f) the repayment ability of the party who is designated to make such\nrepayment; and\n (g) demonstration by the industrial facility of its commitment and\nability to carry out the economic development project related to the\nindustrial infrastructure development project.\n 8. On or before October first, nineteen hundred eighty-eight and on or\nbefore October first of each year thereafter, the department shall\nsubmit to the governor and the legislature a report regarding the\ncurrent status of the industrial infrastructure development program.\nSuch report shall include, but not be limited to:\n (a) the number of applications received;\n (b) the number of applications approved;\n (c) project descriptions including a description of the related\neconomic development project, type of business assisted, location,\namounts awarded, amounts expended, repayments to date, and projected\ncompletion date;\n (d) jobs created and/or retained per project; and\n (e) description of factors which demonstrate each project's\nconsistency with regional economic development strategies and state\neconomic development goals.\n 9. (a) The department shall submit to the director of the division of\nthe budget, the chairperson of the senate finance committee and the\nchairperson of the assembly ways and means committee, an evaluation of\nprogram effectiveness prepared by an entity independent of the\ndepartment. Such an evaluation shall be submitted on or before September\nfirst, two thousand five, and on or before September first every four\nyears thereafter.\n (b) Between evaluation due dates, the department shall maintain the\nnecessary records and data required to satisfy such evaluation\nrequirements and to satisfy information requests received from the\ndirector of the budget, the chairperson of the senate finance committee\nand the chairperson of the assembly ways and means committee between\nsuch evaluation due dates.\n