N.Y. Economic Development Law § 176: Erie/Barge canal challenge grant program

§ 176. Erie/Barge canal challenge grant program. 1. There is hereby

established within the department an Erie/Barge canal challenge grant

program to be administered in coordination with the department of

transportation for the purpose of providing municipalities adjacent to

the Erie/Barge canal with matching funds to plan and carry out

canal-related tourism activities; provided, however, that:

(a) no grant to any municipality shall exceed the sum of twenty

thousand dollars or forty percent of the total project cost, whichever

is less;

(b) each applicant, whether a single municipality or two or more

municipalities acting jointly, shall be eligible to receive only one

such grant in any twelve-month period;

(c) no part of any such grant shall be used for salaries or for

services regularly provided by the municipality or for administrative

costs in connection with this grant;

(d) the municipality or a designated nonprofit entity has committed

sufficient funds to fulfill the local match requirements of this

program;

(e) in-kind services shall not be considered part of the local match

requirement; and

(f) no grant shall be used for the direct benefit of a for-profit

business unless (i) the funded activity shall further a public purpose

and have a clear, long-term benefit to the applicant and (ii) such

funded activity is not available to the business from other public or

private sources.

2. Applicants for grants may be a municipality or two or more

municipalities acting jointly. A municipality, or two or more

municipalities acting jointly, may designate by resolution a county or a

nonprofit entity to act on its behalf.

3. The commissioner shall establish and publish, on an annual basis,

guidelines and a standard application form relative to the use of funds

to be granted hereunder. In addition to such other information as shall

be requested by the commissioner, applicants shall provide a description

of:

(a) the activity or project for which a grant is requested and how it

relates to the canal;

(b) how the proposed activity or project will contribute to or enhance

tourism development along the canal;

(c) project impact including, where appropriate, an estimate of the

number of people to be served by the project, the length of time

visitors may be expected to spend in the area, the ratio between local

residents and visitors to be served by the project, the duration of the

project; and

(d) whether it is part of an overall tourism marketing or development

plan.

4. In reviewing and selecting applicants to receive grants under this

program, the commissioner shall consider, in coordination with the

department of transportation, the following:

(a) the nature and extent of economic distress within the applicant

community and the need for assistance. Preference will be given to

municipalities which meet the criteria for economic distress as

established by the department;

(b) the potential of the proposed canal-related activity to make a

significant and permanent contribution to tourism development within the

applicant municipality and along the canal as a whole;

(c) the existence of a local tourism marketing or development plan to

enhance tourism activity, and the extent to which the proposed activity

is consistent with the plan;

(d) the nature and extent of local support for the proposed

canal-related activity including the commitment of additional financial

resources;

(e) the degree of support within the municipality for tourism

development, in general, and the nature and extent of other canal

related activities, in particular, engaged in by the municipality or its

designated nonprofit entity, business community and community

organizations;

(f) preference shall be given to those applications submitted by two

or more municipalities; and

(g) preference shall be given to applications creating new tourism

activities.

5. Grants shall be awarded by September fifteenth of each year.