2010 New York Code
TRA - Transportation
Article 2 - (10 - 22) POWERS, DUTIES AND JURISDICTION OF THE DEPARTMENT OF TRANSPORTATION
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
  three  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.