N.Y. Comp. Codes R. & Regs. Tit. 21 § 2602.11 - Application and project financing agreements (PFA)
(a) Applications for CWSRF assistance shall
be submitted in accordance with the provisions set forth in the IUP, in a
format that is consistent with instructions published by the corporation
including, at the corporation's discretion, the use of forms published by the
corporation for use by parties seeking CWSRF assistance. An applicant may
submit an application to the corporation for CWSRF assistance for projects for
pre-design planning costs as set forth in the IUP. An applicant may submit an
application to the corporation for CWSRF assistance for projects beyond the
pre-design planning stage when project planning is completed and the applicant
has submitted a facilities plan for an equivalency project or an engineering
report, if required, for the project, and the corporation or the department is
in the process of reviewing or has approved that report or plan.
(b) For projects beyond the pre-design
planning stage, a PFA shall not be executed until a completed application for
CWSRF assistance for that project has been submitted by the applicant to, and
approved by, the corporation. A complete application shall include:
(1) formation and approval of any necessary
special improvement districts;
(2)
satisfaction of all environmental review requirements; and
(3) any other documentation relevant in
evaluating an application for CWSRF assistance.
(c) A PFA for a portion of a project other
than pre-design planning (a phase, a segment, or a design) shall include a
schedule for the completion of the entire project and an agreement by the
recipient to complete the entire project in accordance with such project
completion schedule regardless of the availability of future CWSRF
assistance.
(d) An applicant shall
not receive CWSRF assistance if the corporation in its discretion, upon prior
notice to the department, determines that such recipient cannot be reasonably
expected to meet its managerial, technical or financial capability obligations
under the applicable PFA.
Notes
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