N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 165-3.3

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

Section 165-3.3 - Definitions

(a) Award means the approval by the division of a facility rehabilitation grant, new facility project grant or new facility operation agreement.

(b) Capital project or project means the facility acquisition or improvement that is financed by a facility rehabilitation grant, a new facility project grant or a new facility operation agreement.

(c) Division means the New York State Division for Youth.

(d) Eligible applicant means:

(1) a municipality;

(2) a not-for-profit corporation; or

(3) a municipality and a not-for-profit corporation applying jointly.

(e) Facility rehabilitation grant or rehabilitation grant means an award to a not-for-profit corporation or a municipality for the purpose of renovation, rehabilitation, repair, remodeling, or improvement of areas, buildings, structures or facilities intended for use as a youth center.

(f) General maintenance means cleaning, repair and maintenance of the physical plant and its heating, ventilation, air conditioning, plumbing, electrical systems, fire safety systems and repair and maintenance of all site improvements.

(g) Municipality means a county, city, town or village.

(h) New facility operation agreement or operation agreement means an award consisting of a contract between the state and a not-for-profit corporation or a municipality, for the purpose of maintenance and operation of areas, buildings, structures or facilities intended for use as a youth center and for which the State has provided financing of acquisition, demolition or construction under the provisions of title 3-A of article 19-G of the Executive Law and to which the State will hold title.

(i) New facility project grant means an award to a municipality or a municipality acting jointly with a not-for-profit corporation for the purpose of construction, demolition, or acquisition of areas, buildings, structures, or facilities intended to be owned by a municipality for use as a youth center.

(j) Not-for-profit corporation means a corporation as defined in subparagraph five of paragraph (a) of section 102 of the Not-for-Profit Corporation Law having tax exempt status pursuant to 26 U.S.C.A. 501(c)(3), which is engaged in one or more of the youth center program activities specified in title 3-A of article 19-G of the Executive Law.

(k) Program means the youth center facility program which promotes the health, safety or general welfare of the youth community and which advances the physical, mental and social well-being of such youth community.

(l) Project costs means the reasonable and necessary expenses incurred by or on behalf of the Commissioner of General Services for planning, demolition, acquisition, of land or buildings and construction of new buildings or rehabilitation, repair or remodeling of existing buildings to be used as a youth center. Such costs shall also include all or any portion of the cost necessary for the creation of a reserve fund required pursuant to section 527-h of the Executive Law.

(m) Request for proposal or RFP means a division solicitation for applications for awards to be granted pursuant to title 3-A of article 19-G of the Executive Law.

(n) Reserve fund means a fund which is at least five percent of the project costs which is established for each facility rehabilitation grant or each new facility operation agreement awarded to a not-for-profit corporation, which is to be applied only for purposes of making extraordinary repairs, other than ordinary maintenance and repair to either new facility project property or the areas, buildings, structures or facilities for which a facility rehabilitation grant was awarded. Any reserve fund amount funded from the proceeds of a Federal tax exempt bond may be invested only as permitted by the Urban Development Corporation.

(o) State means the State of New York.

(p) Youth center means any area, building, structure or facility owned or operated by a not-for-profit corporation or a municipality for use by the youth of this state which promotes the health, safety or general welfare of the youth community and which advances the physical, mental and social well-being of such youth community, including all necessary and attendant and related facilities and equipment.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 165-3.3