N.Y. Comp. Codes R. & Regs. tit. 17 § 36.8

Current through Register Vol. 46, No. 51, December 18, 2024

Section 36.8 - Agreement

(a) The Department of Transportation will accept proposals for industrial access projects and will select those which most closely meet the purposes of the industrial access program and the criteria in section 36.7 of this Part, and, subject to the availability of funds within the appropriation, shall enter into an agreement with the appropriate State agency, public benefit corporation, county, town, city, village, or other appropriate entity sponsoring the project.

(b) Such agreement will include, but will not be limited to:

(1) a construction schedule for the economic development project;

(2) provision for and a schedule for repayment to the State of 40 percent of the industrial access project costs within the time period specified by law. Such repayment may be made by a private or governmental entity, individually or in combination;

(3) provision for the design, construction, and maintenance for the useful life, of the transportation facility constructed under the industrial access project;

(4) provision that the construction of the industrial access project will be in accordance with standards specified by the Department of Transportation, and shall be by competitive bid if the construction cost of the industrial access project is greater than $50,000;

(5) a complete description of, including commitment to, the economic benefit to be produced by the industrial access project;

(6) the procedure for payment by the State of the eligible costs of the industrial access project; and

(7) provision for complying with equal employment opportunity requirements specified in Governor's Executive Order 21 of August 3, 1983, (9 NYCRR 4.21) and other requirements of applicable New York State law.

(8) Provisions for the erection of a sign which meets the specifications of the Department of Transportation at the site of the economic development project identifying the project as an industrial access project, if such a sign is feasible.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 36.8