N.Y. Transportation Law § 14-l: Airport improvement and revitalization

§ 14-1. Airport improvement and revitalization. 1. Notwithstanding any

other provision of law to the contrary, an airport improvement and

revitalization grant and loan program is established. Such program is

established to provide assistance for the revitalization of public use

airports through funding of projects or portions thereof, for which

sufficient federal capital assistance and required non-federal matching

funding is not available and provided the project is consistent with the

airport layout plan approved by the department. The funding of capital

improvements pursuant to this section shall not be used to provide the

non-federal matching share for federal airport capital improvement

grants.

2. (a) Assistance may consist of grants and loans for capital

improvements and technical assistance provided by the department

pursuant to this section.

Loans and grants pursuant to this section may be made to any municipal

corporation, public authority, public benefit corporation or any

combination thereof, or to other owners of a public use airport for the

purpose of improving a public use airport. A county, pursuant to a

written agreement, may act on behalf of one or more cities, towns or

villages for the purposes of this section. No such assistance shall be

provided to any airport operated by a bi-state authority.

(b) Improvements pursuant to this section may be made for the

following purposes:

(i) construction, reconstruction, improvement, reconditioning and

preservation of capital facilities where the service life of the project

is at least ten years, and related engineering services provided,

however, that for pavement management projects the service life of the

project shall be at least five years;

(ii) purchase of airport equipment, including navigational aids,

acquisition of land and easements; and

(iii) technical assistance for airports including, but not limited to,

preparation of studies to attract, retain or improve air carrier or air

cargo services including low fare commercial service air carrier

services, airport business plans, activities to inform the general

public or public and private organizations of the availability and

economic impact of the airport and the aviation services at the airport

on the community.

(c) Assistance pursuant to this section shall be provided pursuant to

contract with the commissioner. Contracts for capital improvements shall

insure the availability to the public of any airport improved hereunder

for the useful life of such improvement as defined in section sixty-one

of the state finance law. The commissioner shall establish standards

governing the form, content and submission of applications for

participation in this program. Such standards shall include, but not be

limited to, the requirement that, with respect to applications submitted

by owners of privately-owned airports, the commissioner shall make a

determination that a request submitted by such owners will serve a

public purpose and such applications are accompanied by a resolution

from the governing body of the county in which such privately-owned

airport is located formally endorsing the project for which assistance

is requested. The commissioner shall not approve an application for a

grant or loan unless the applicant can demonstrate commitment of

sufficient funds to provide the match set forth in paragraph (d) of this

subdivision.

All loans shall be repaid within ten years and bear such rate of

interest as shall be established therefor by the commissioner upon the

issuance of the loan; provided, however, such rate shall not exceed six

percent per annum. Payments on all loans shall be made to the department

and credited to the airport improvement and revitalization fund

established pursuant to section eighty-eight-d of the state finance law.

(d) Matching ratios. (i) Capital grants and loans. State assistance

for the program shall cover the following share of the project cost: for

general aviation airports and commercial service airports with less than

fifty thousand annual enplanements, up to ninety percent; for commercial

service airports with fifty thousand or more but less than seven hundred

thousand annual enplanements, up to eighty percent; and for commercial

service airports with annual enplanements of seven hundred thousand or

more, up to seventy percent.

(ii) Technical assistance. Technical assistance may be up to eighty

percent of the project cost. Funding for technical assistance shall be

limited to general aviation airports and commercial service airports

with less than two hundred fifty thousand annual enplanements, provided,

however, that such funding may be granted to general aviation airports

and commercial service airports, regardless of the number of annual

enplanements, for the preparation of studies to attract, retain or

improve low fare commercial service air carrier services. The entire

cost of regional or statewide studies conducted by or on behalf of the

department may be funded.

(e) Funds for assistance pursuant to this section shall be from the

airport improvement and revitalization fund established pursuant to

section eighty-eight-d of the state finance law. No funds shall be paid

pursuant to this section unless the applicant for assistance provides

for the required non-state funded share of the costs of a project.

(f) No grant or loan to any eligible applicant shall exceed the sum of

two million five hundred thousand dollars, and no part of any such grant

or loan shall be used for salaries or for services regularly provided by

the applicant for administrative costs in connection with such grant or

loan.

(g) On or before May first each year, the commissioner shall submit a

report on the immediately preceding fiscal year to the governor,

temporary president of the senate and speaker of the assembly showing

the total funds available for assistance pursuant to this section,

itemization of assistance provided, and the repayments of loans.

(h) No provision of this section shall be deemed to make any applicant

ineligible for assistance otherwise available pursuant to section

fourteen-h or fourteen-k of this article.

(i) The commissioner may promulgate rules and regulations for the

implementation of this section.