SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ...

SUPREME COURT OF THE STATE OF NEW YORK 

COUNTY OF ALBANY - 

In the Matter of the Application of 

LEE BORDELEAU; et al., 

6582-08 

For a Judgment Pursuant to Article 78 

of the Civil Practice Law and Rules 

Plaintiffs 

Index No. 

AFFIDAVIT 

(Lynch, J.S.C.) 

The STATE OF NEW YORK, et al.,, 

Defendants. 

STATE OF NEW YORK) 

ss:) 

COUNTY OF NEW YORK) 

DOUGLAS G. WEHRLE, being duly sworn, deposes and says: 

1. I am Senior Vice President of the Empire State Development Corporation 

(ESDC), Loans and Grants Department. I respectfully submit this Affidavit in support of 

the State defendants' motion to dismiss the complaint and in opposition to the relief 

requested in the complaint. 

2. The Loans and Grants Department of the ESDC administers various programs 

including the Empire State Economic Development Fund (EDF). As Senior Vice 

President of the Division for nearly four years and a senior member of the Department 

for fourteen years, I have a global perspective over a large number of EDF applications. 

I make this Affidavit based upon personal knowledge of the projects at issue in this 

matter and the processes by which they are funded. 

3. Initially, it should be noted that plaintiffs incorrectly identify the Urban 

Development Corporation (UDC) dlbla Empire Development Corporation, and the Erie

Canal Harbor Development Corporation, a subsidiary of the ESDC, as not for profit New 

York Corporations and agencies of the State. UDC dlbla ESDC and the Erie Canal 

Harbor Development Corporations are public benefit corporations. UDC came into 

being in April 1968 by act of the New York Legislature (Chapter 174 of the Laws of 168, 

as amended (UDC Act). 

4. The Legislature gave UDC broad and unique powers with which to improve job 

opportunities, housing, blighted areas, community facilities and industry. Among the 

exceptional powers is the ability to execute contracts, and all other instruments 

necessary or convenient to carry out the goals listed above. These include all manner 

of agreements with private parties. UDC's extraordinary powers are all for the selfsufficiency 

that distinguishes a public benefit corporation from a traditional state 

agency. 

5. The Loans and Grants Department is responsible for processing projects that 

are funded by several core economic development programs that provide financial 

assistance to the businesses and communities in New York State. These grant and 

loan programs serve an important public purpose by assisting communities and 

businesses meet gaps in financing economic development initiatives, facility 

improvements or expansions, entice new companies to choose New York State as a 

location for a new business, or induce existing businesses to retain current New York 

State jobs that are at risk of flight. The economic benefit to the State and the public far 

exceeds the amount of the grants or loans. Loans and Grants also administers

appropriations which originate from the Legislature and Executive to support public 

purpose economic development initiatives. 

6. In addition, pursuant to section 12 of the UDC Act ESDC has the right to 

exercise its broad powers and functions through subsidiaries. The Erie Canal Harbor 

Development Corporation was created by ESDC pursuant to the Business Corporations 

Law. 

7. Any definition of UDC, or any of its subsidiaries, as agencies of the State of New 

York is mistaken and references to "state funds" and "state monies" are imprecise. 

Funds that are appropriated to ESDC in the New York State Budget are not 

appropriated directly to any private parties. While a private party may be the ultimate 

recipient of such funds, the private party must still submit an application for the funding 

to ESDC. Such application is the result of several layers of ESDC staff analysis in a 

pre-application stage, where the company's financials, determination of need I flight 

risk, and -NYS benefits to cost are considered. Based on this investigation, an 

Incentive Proposal may be issued. In order to be considered further, the company must 

formally accept this Incentive Proposal, which establishes the company's threshold 

investment and job commitments. Subsequent to the making of an incentive offer, a 

formal application process further determines the applicants eligibility for funding. 

Projects are then presented to the ESDC Board of Directors for consideration. If 

approved by the ESDC Directors, public hearings on the projects are held. Negative

testimony resulting from a public hearing on a project requires the project to be 

resubmitted to the ESDC Directors for further consideration. 

8. Subsequent to ESDC Board approval, additional fiscal oversight is implemented 

by the Public Authorities Control Board (PACB) for approval of the acquisition, 

construction or financing of any capital project. Public Authorities Law 5 50. PACB 

consists of representatives of the Governor through the Division of the Budget, the 

Senate and the Assembly. Both the ESDC Board meetings and PACB meeting are 

subject to the Open Meetings Law. 

9. Even after the completion of this rigorous approval process, the disbursement of 

the ESDC funds is not necessarily final. ESDC funds are loaned and granted based 

upon grantees or borrowers agreeing to meet goals prescribed by ESDC. A failure by 

the grantee or borrower to meet such goals will result in the denial of undisbursed funds 

andlor the full or partial recapture of previously disbursed ESDC funds depending on 

the degree of variation from the prescribed goals. 

10. My office has reviewed the grants alleged in the complaint. As indicated below 

these grant all serve important public purposes. For the court's convenience each grant 

identified by the plaintiffs is set forth in brief below. 

11. The attached pages refer to the 2008-2009 State Budget. Senate 6805-Dl A 

9805-D became Chapter 55 of the Laws of 2008 and Senate 6803-D. A. 9803-D 

became Chapter 53 of the Laws of 2008.

12. Frederick Goldman, Inc. -- $150,000 Empire State Economic Development Fund 

V904 Capital Grant Incentive Proposal accepted November 2007; ESDC Directors' 

approval anticipated in March 2010. Frederick Goldman, the largest jewelry 

manufacturer in New York State, is facing severe competition from China, India, South 

America and Turkey. Without the project, the company will continue to lose market 

share, possibly resulting in the eventual loss of 325 jobs and 32 new jobs in New York 

State. The Project involves the purchase and implementation of a new a computer 

inventory control system. The Company considered various out of state alternatives 

before deciding to invest in its New York City operations, including relocating to New 

Jersey, Florida or North Carolina. The company also considered outsourcing more of 

its production to Mexico. Total project cost is $2 million. 

EDF budget appropriations are located in NYS Budget Laws of 2008-09, page 811, 

lines 35-36; page 815, lines 4-6; page 819, lines 46-47; page 820, lines 30-31; page 

821, lines 32-33; and, page 881, line 46. 

13. Unifrax I LLC -- $1,500,000 Empire State Economic Development Fund 

U530 Capital Grant Incentive Proposal accepted December 2007; ESDC Directors 

approval anticipated in September 2009. Unifrax Corporation supplies approximately 

$60 million annually in high temperature insulation products worldwide to the 

automotive market. The Company is expanding its Tonawanda facility to accommodate 

an additional manufacturing line. The new line will increase current capacity by 50% 

and increase production output by 30-40%. Total project costs are approximately

$20.55 million, including facility expansion and upgrades, machinery and equipment, 

engineering, and training. The project will retain 180 jobs that were at risk with 50 new 

jobs expected as a result of new investment. ESDC is competing with France and 

China and another Unifrax facility in Indiana. 

EDF budget appropriations are located in NYS Budget Laws of 2008-09, Page 811, 

Lines 35-36; Page 815, Lines 4-6; Page 819, Lines 46-47; Page 820, Lines 30-31; 

Page 821, Lines 32-33; and, Page 881, Line 46. 

14. Jamaica Chamber of Commerce -- $230,000 Legislative Items (2) -Assembly 

sponsored U867 $1 15,000; application completed March 2008; ESDC Board approval 

April 2008; Grant Development Agreement ("GDA") executed April 2008, $1 15,000 

disbursed. W109 $1 15,000; application received March 2008; ESDC Board approval 

April 2008; GDA executed April 2008, $5.544 disbursed. When the Jamaica Chamber 

of Commerce initiated research on the freight forwarding industry in Queens, it found a 

steep decline and the loss of thousands of jobs, resulting from high operating costs, 

deteriorating roadways and inadequate parking. To address this, the Chamber created 

the Jamaica Export Center (the "Center"). The Center is located off-site near the JFK 

International Airport. Its purpose is to facilitate efforts to stabilize, retain and expand 

the imporVexport industries, including importers/exporters. freight forwarders and 

customs brokers. ESDC funding is being used to support sofl costs associated with 

operation of the Center.

The budget appropriations are located in NYS Budget Laws of 2008-09, Page 817, Line 

18 and Page 818, Line 15. ESD administered this project in conformance with an 

Initiative Form directive from the NYS Assembly. 

15. Business Outreach Center Network, Inc. -- $50,000 Legislative Items - Assembly 

sponsored T844 $50,000; Application completed November 2005, ESDC Board 

approval December 15, 2005; GDA executed January 2006; fully disbursed May 2007. 

A $50,000 grant to BOC Network, Inc., to establish a new BOC in central Queens with 

staff that will include a bilingual business counselor and loan officer that will provide 

assistance to small businesses and entrepreneurs by offering a full range of technical 

and financial assistance. 

The budget appropriations are located in NYS Budget Laws of 2005-06, Chapter 55, 

Page 558, Line 27. ESD administered this project in conformance with an Initiative 

Form directive from the NYS Assembly. 

16. Revonate Mfg., LLC -- $125,000 Empire State Economic Development Fund 

W023 Capital Grant Incentive Proposal accepted March 4, 2008, ESDC Directors 

approval anticipated in December 2008. Revonate is a spin-off of Seneca Data, a 

computer manufacturer in North Syracuse, New York. Revonate required one of 

Seneca Data's vendors that re-manufactures computers. Revonate had the option to 

locate this project in either Central New York or Alphretta, Georgia. The project, which 

will result in the creation of 50 new jobs, involves remodeling of leased space plus the 

acquisition of new machinery and equipment.

EDF budget appropriations are located in NYS Budget Laws of 2008-09, page 81 1, 


821, lines 32-33; and, page 881. line 46. 

17. Breton Industries, Inc. -- $200,000 Empire State Economic Development Fund 

V889 EDF Capital Grant lncentive Proposal accepted December 2007; ESDC Directors 

approval anticipated in January 2009. No disbursements to date. Breton Industries is a 

leader in the design and manufacture of custom sewn and heat sealed fabric items. 

Without the project, the company will not be able to effectively meet its outstanding 

contracts and remain competitive with a Canadian supplier, possibly resulting in the 

eventual loss of 106 jobs and 10 new jobs in New York. The project involves the 

construction of a 20,000-square-foot addition to its existing 60,000-square-foot 

manufacturing facility in addition to the purchase of machinery and equipment to aid in 

the expansion and consolidation of its locations. The Company considered an out of 

state alternative before deciding to invest in its Amsterdam location. 




18. Dunkirk Specialty Steel -- $500,000 No such project listed in ESDC's Project 

Tracking System (PTS). 

19. Reserve Supply of Central New York, lnc. -- $100,000 Empire State Economic 

Development Fund W153 Capital Grant lncentive Proposal accepted March 25, 2008,

ESDC Directors' approval anticipated in January 2009. Reserve Supply, a lumber 

distributor and manufacturer of trusses, has an ongoing relationship with Weyerhauser, 

having acquired from Weyerhauser a lumber distribution operation in the Buffalo, New 

York area in December2007. That acquisition increased volume to the point where 

Reserve Supply needed additional space, which they acquired in Liverpool, New York. 

In addition, its truss manufacturing business was also increasing and it needed space 

for that operation. Weyehauser was putting pressure on Reserve Supply to locate its 

truss manufacturing operation to an existing Weyerhauser facility in Lancaster, 

Pennsylvania. ESDC's offer of a $100,000 capital grant was an important factor in 

Reserve Supply's decision to expand in Central New York vs Pennsylvania. The project 

involves $3.1 million in build-out and machinery and equipment costs with ESDC 

funding going toward the $1.5 million equipment portion of the project. The expansion 

project will result in the creation of 19 new jobs in Central New York bringing 

employment at the Liverpool facility to 48. 




20. Marathon Boat Group, Inc. -- $90,000 Empire State Economic Development Fund 

W108 Capital Grant Incentive Proposal accepted March 24, 2008, ESDC Directors' 

approval anticipated in December 2008. In order to remain a viable entity, Marathon 

Boat Group needed to expand its production capabilities to include the manufacture of 

pontoon boats. The offer of ESDC assistance allows the Company to remain and grow

in Marathon, New York, resulting in the retention of the 13 existing jobs in place at the 

time of the ESDC offer that would have been lost if Marathon Boat Group closed its 

doors. The Company is also projecting the creation of 15 new jobs. The project 

involves $434,000 in building improvement and machinery and equipment acquisition 

costs. 




21. DSD, LLC $97,500 No such project listed in PTS 

22. Panattoni Development Corporation of New Jersey -- $97,500 No such project 

listed in PTS 

23. Klein Steel Service -- $100,000 Empire State Economic Development Fund 

W150 Capital Incentive Proposal accepted March 20, 2008; ESDC Directors approval 

anticipated in October 2008. No disbursements to date. Klein Steel Service, with 

facilities in Rochester, Buffalo and Syracuse, is one of the few steel providers that have 

not relocated out of New York State due to the business climate. To maintain its 

competitive position and growth at its main facility in Rochester, the company needed to 

revive a rail spur that runs adjacent to its property. The spur, owned by CSX, was shut 

down a year earlier. ESDC's $100,000 grant will go toward the reconstructionlupgrade 

of this rail spur as part of a $388,438 project that also improves the plant and adds

equipment. Without the project, 35 jobs would have been lost. Now, 14 new jobs will 

be added. 




24. Nationwide Precision Products -- $80,000 Empire State Economic Development 

Fund W021 Capital Incentive Proposal accepted February 15, 2008; ESDC Directors' 

approval anticipated in June 2009. No disbursements to date. Nationwide Precision 

Products, a manufacturer of complex and semi-complex castings and components 

mainly for the automobile industry. will invest $2,060,000 in new equipment. Dana 

Corporation, a major customer, wanted Nationwide to produce a new product line for 

off-road trucks at Nationwide's plant in Chattanooga, TN, but Nationwide argued for 

Rochester, NY. Nationwide sought incentives from ESDC to help reduce costs and put 

this new product line in Rochester. Had the expansion not happened in Rochester, 15 

jobs would have been transferred to Tennessee. The project will allow the company to 

enter new markets and add 18 additional jobs. 


lines 35-36; page 815, lines 4-6; page 819, lines 46-47; page 820, lines 30-31 ; page 


25. 3 Kids Corp of Middletown -- $187,500 Empire State Economic Development 

Fund S476 Capital Grant lncentive Proposal accepted May 2007, ESDC Directors 

approval June 2008, PACB approval July 2008. No disbursements to date. Attraction

of a specialized manufacturer of frozen seafood from New Jersey. Company's 

expansion ambitions lead to a relocation search with alternatives considered in New 

Jersey and New York. New York State's incentive offer helped convince the Company 

to relocate and expand operations in Orange County creating 45 new jobs. The $2.53 

million project includes the acquisition of real estate, machinery and equipment, 

renovations, and employee training associated with relocation of operations. The 

economic benefit to cost ratio for this project is 73 to1 and the payback period for New 

York State costs is 2 years. 




26. County Draperies. Inc. -- $150,000 Empire State Development Fund S468 E6DF 

Capital Grant Incentive Proposal accepted October 2004; ESDC Board approval June 

2008, PACB approval July 2008. No disbursements to date. County Draperies, Inc. 

manufactures window treatments and related items, such as valances, cornices, 

hardware, and related items for the trade including hotels, motels, casinos, and 

institutional buildings. At the request of its customers, in 2000 it began manufacturing 

matching bedspreads through Classic Supply, Inc. an owner-related company in 

Somers, Connecticut. Faced with foreign competition and rising operating costs, the 

Company began a search for a new facility where both entities could be consolidated. 

It considered various out-of-state alternatives in Connecticut and New Jersey. New 

York State's incentive offer helped convince the Company to relocate and consolidate

operations in Orange County retaining 40 jobs and creating 40 new jobs. The $2.43 

million project included the acquisition of an 82,000-square-foot building and machinery 

and equipment, renovations, and employee training. 




27. Hannay Reels. Inc. -- $525,0000 Empire State Economic Development Fund 

U369 Capital Grant Incentive Proposal accepted July 2006, ESDC Directors approval 

June 2008. PACB approval July 2008. No disbursements to date. Hannay Reels was 

formed in 1933 as a privately owned company whose only product is reels. These reels 

are all metallic construction, dominantly painted steel, but also aluminum and stainless 

steel per customer requirements. Without the project, the company would be unable to 

meet the demands of its customers. The project involved construction of a 44,000- 

square-foot, two- story addition which includes a freight elevator to an existing building 

housing the Company's main manufacturing and outbound shipping operations. 

Hannay Reels preference was to remain in the state but was exploring locations in 

Virginia, a lower cost area which is also in closer proximity to its primary customer base. 

Additionally, the Company was contemplating outsourcing the production of the reel 

components to remain competitive. 



821, lines 32-33; and, page 881, line 46.

28. American Packaging Corporation -- $150,000 Empire State Economic 

Development Fund W113 EDF Capital; accepted April 10, 2008; ESDC Directors' 

approval anticipated in November 2008. No disbursements to date. American 

Packaging manufactures packaging products for the food, beverage, medical and other 

specialty markets. The company needed additional capacity driven by customers' 

sustainability initiatives, resulting in increased demand for extrusion laminated flexible 

packaging. The company considered moving the entire operation to its plants in Iowa or 

Wisconsin with excess space. ESDC's grant and local incentives helped to lower costs 

and keep the Rochester plant open The $8.4 million project will result in expansion of 

its plant and purchase of new equipment, retaining 147 jobs and creating 25 new jobs. 

EDF budget appropriations are located in NYS Budget Laws of 2008-09, page 811. 



29. Pall Corporation-- $500,000 Empire State Economic Development Fund or JOBS 

Now 100 V591 Capital Grant Incentive Proposal accepted August 2007; ESDC 

Directors' approval anticipated in March 2009. No disbursements to date. Pall 

Corporation, a Fortune 100 company and significant regional employer, manufactures 

market filtration, separation and purification products to Life Sciences and Industrial 

markets. The company is consolidating operations and sold its Northern Boulevard 

headquarters. Corporate staff will be relocated to their R&D training center in Port 

Washington, which requires extensive internal renovation. Currently, the 232,000-

square-foot building consists of labs, technical libraries, offices, and warehouses. New 

plans in Port Washington include expansion, conversion and redesign in addition to 

infrastructure improvements. The total project cost is estimated at $40,000,000, 

retaining 517 Nassau county jobs (245 relocated from the East Hills location; 272 

retained at the Project Location) that were considered for relocation to North Carolina 

and Virginia locations. 



821, lines 32-33; and, page 881. line 46. 

30. Stella D'oro Biscuit Co., Inc. -- $175,000 Empire State Economic Development 

Fund - MAP W226 Capital Grant Incentive Offer accepted May 2008; ESDC Directors' 

approval anticipated in November 2008. No disbursements made to date. Stella D'oro 

Biscuit Co., Inc., a manufacturer and distributor of premium specialty cookies and 

baked goods, ranks second in the U.S. market share in specialty cookies; however, its 

major competitors have an advantage because of their size, more modern production 

equipment and lower operating wage scales. Project will acquire machinery and 

equipment to modernize its baking goods packing operation, employee training and 

repair of the bakery roof. Company considered various out of state alternatives, 

including relocating to Pennsylvania. The company also considered shutting down 

operations completely. The Company will create 24 new Full-time Permanent 

Employees by January 2012 and retain 132 existing Full-time Permanent Employees. In

August 2008, due to a labor dispute this project was placed on hold until this issue is 

resolved. 


lines 35-36; page 815, lines 4-6; page 819, lines 4647; page 820, lines 30-31; page 


31. STARLINE USA CAPITAL -- $275,000, Empire State Economic Development 

Fund W184 Capital Grant Incentive Proposal accepted May 31, 2008; ESDC Directors' 

approval anticipated in December 2010. Starline USA Inc. desires to optimize the use 

of its Foreign Trade Zone by combining both its US facility and a Canadian facility in 

Concord, Ontario, owned by the related company, Starline Industries lnc. This entails 

closing the facility in Ontario, Canada and shifting all inventory and operational activities 

to the Grand Island facility. New York State's incentive offer helped convince the 

Company to relocate and expand operations in Erie County adding 41 new jobs to an 

existing 126 jobs. The $2.135 million project includes the acquisition of real estate, 

machinery and equipment, renovations operations. 

EDF budget appropriations are located in NYS Budget Laws of 2008-09, page 811. 



32. The Bank of New York Mellon Corporation -- $437,500 JOBS Now Program

SO95 Capital Grant lncentive Proposal accepted May 2004, ESDC Directors' approval 

July 2008, PACB approval August 2008. No disbursements to date. Establishment of 

a hub office for a publicly traded financial company. The company identified several 

possible locations to establish a hub location including Orlando, Florida and 

Manchester, England. ESDC incentive proposal encouraged the company to establish 

a hub location in Syracuse, New York that would lead to the creation of 350 new jobs. 

The $903,968 project includes the renovation of a leased facility and the purchase of 

related furniture, fixtures and equipment. 

JOBS Now budget appropriations are located in NYS Budget Laws of 2008-09, page 

817, lines 38-39; page 820, lines 28-29; page 821, lines 30-31; page 822, lines 40-41. 

33. Sitel Operating Corporation -- $1,500,000 JOBS Now Program 

V275 Capital Grant Incentive Proposal accepted September 2007; ESDC Board 

approval July 2008; PACB approval August 2008. No disbursements to date. Sitel 

Operating Corporation offers a wide range of business process outsourcing services 

worldwide through a network of over 150 customer care centers in 27 countries. 

Without the project, the Company would likely have located its new center outside of 

New York State, resulting in the loss of the potential creation of 600 new jobs in New 

York State. The $5.5 million capital project included the lease of a 45,000-square-foot 

facility, renovations to the newly leased facility; the purchase of furniture, IT and training 

equipment; and training. The Company also considered locating the new center in 

Kentucky, Alabama. New Mexico or Texas.



34. Kirtas Technologies -- $325,000 JOBS Now Program 

U330 Capital Grant lncentive Proposal accepted July 2006; ESDC Directors' approval 

July 2008. No disbursements to date. Kirtas Technologies has commercialized 

breakthrough technologies to scan bound books and other documents at high speeds 

and with a high degree of automation, thereby reducing costs. It needed to ramp up to 

perform on a contract with Microsoft to scan books and texts from Yale and Cornell 

Universities. ESDC's grant is part of a $3,982,800 project to purchase book scanners, 

computers and to hire personnel. Without the grant to complete the financing package, 

Microsoft would have sought another contractor. Kirtas will add 142 new jobs at its 

Victor facility. 



35. Knowlton Technologies, LLC - $425,000 Empire State Economic Development 

Fund V774 Capital Grant Incentive Proposal accepted November 2007; ESDC Board 

approval July 2008; PACB approval August 2008. No disbursements to date. Knowlton 

Technologies is the newly formed successor to Knowlton Specialty Paper ("KSP"), a 

manufacturer of wet-laid non woven paper use in composite webs. Having grown sales 

from $3 million to $30 million since 1987, KSP's owner has decided to retire. Before 

opening up the sale of the mill to one of it competitors, KSP offered its management

group the opportunity to buy him out. At the risk of having a competitor purchase the 

mill to consolidate operations elsewhere, ESDC's offered the management group a 

$425,000 grant to help off-set the cost of purchasing KSP's assets. The project will 

retain 101 jobs formerly with KSP and create 10 new jobs by January 1, 2012. 




36. Marietta Corporation -- $575,000 Empire State Economic Development Fund - 

MAP V367 Capital Grant Incentive Proposal accepted April 2007; ESDC Board 

approval July 2008: PACB approval August 2008. No disbursements to date. Marietta 

Corporation is the world's number one manufacturer and packager of personal care 

amenities. In 2001, Marietta diversified its operation by purchasing a 450,000-squarefoot 

facility in Cortland, New York, and investing $20 million in renovations and 

specialized equipment to launch its bulk product business. With the growing success of 

this segment of its business, Marietta made the decision to further expand its bulk 

manufacturing operation but in order to do so would need to invest $6.6 million in 

additional specialized equipment and related costs. The Cortland plant was competing 

with other Marietta plants for the project and in an effort to encourage Marietta to do the 

expansion in New York, ESDC made an offer of a $575,000 Manufacturing Assistance 

Program (MAP) grant. At the time of the ESDC offer, employment in Cortland was 650. 

Marietta has committed to maintain that employment number and also anticipates the 

creation of 56 new jobs associated with the growth in production.




37. CASP LLC -- $50,000 Empire State Economic Development Fund 

U902 EDF Capital; offer accepted January 2007; ESDC Directors approval July 2008; 

PACB approval August 2008. No disbursements to date. CASP manufactures bags 

and boxes filled with products requiring strict purity, such as milk, half and half, and ice 

cream (called aseptic products). EMMl Holdings USA, a major customer that is part of 

a large European dairy cooperative, sought a U.S. company to manufacture a new 

product line of dairy-based coffees. In order to be competitive. CASP needed to show it 

could move ahead with the project quickly. ESDC's grant and Empire Zone status 

helped to lower costs, resulting in CASP's selection by EMMI. Total cost for 

construction and equipment was $2,871,945, and will result in 20 new jobs. 



821, lines 32-33; and. page 881, line 46. 

38. Cives Corporation d/b/a Viking Cives USA - $25,000 Empire State Economic 

Development Fund W231 Capital Grant Incentive Proposal accepted May 30, 2008. 

ESDC Directors approval July 2008: PACB approval August 2008. No disbursements to 

date.

Viking Cives USA is one of three divisions of Cives Corporation, an employee-owned 

company ranked as the largest fabricator of structural steel buildings in the United 

States. Viking is one of three such plants within the Cives Group that fabricates and 

installs heavy-duty snowplow equipment and related truck parts. In 2004, Viking lost a 

major contract with the New York State Department of Transportation to a competitor in 

Iowa. With the DOT contract coming up for bid, along with other such opportunities, 

Viking must install new technology fabricating equipment in order to increase production 

speed, resulting in lower cost per part, which will directly impact its competitiveness. 

ESDC's incentive helped to lower the cost of the equipment, making the project feasible 

in New York. 




39. Hyatt Regency Hotel, Buffalo (West Genesee Hotel Associates) -$3,400,000 - 

Legislative Items (2) - Governor and Senate sponsored V594 $1,700,000; Strategic 

Investment Program - Governor sponsored; ESDC Directors approval May 17,2007; 

GDA fully executed June 28, 2007; disbursements: $1,375,623 (2129108) and $154,377 

(8118/08). W270 $1,700,000; New York State Economic Development Assistance 

Program - Senate sponsored; ESDC Directors approval July 2008; GDA fully executed 

August 2008. No disbursements to date. Grants to be used for a portion of the $1 1.1 

million redevelopment costs associated with the renovation of a 400 room hotel and 

convention headquarters facility in the City of Buffalo adjacent to the Buffalo Niagara

Convention Center. Funding for this project was considered essential to retain Hyatt 

and create first-class, full-service hotel. The City of Buffalo and Erie County 

acknowledge the dire need for solid, appealing convention amenities in order for Buffalo 

to be a magnet and compete successfully for increased business and tourism. It is 

expected that 215 jobs will be retained in the Buffalo area as a result of ESDC's 

investment. An additional grant of $1.7 million sponsored by the NYS Assembly is 

expected to be administered through the New York State Dormitory Authority. 

The budget appropriations are as follows: 

Executive Share: Strategic Investment Program (SIP), A.9805 page 867. See attached 

MOU and initiative form. 

Senate Majority: New York State Economic Development Capital Program. A.9803-D 

page 885 lines 34-42. See attached enabling legislation and initiative form. 

Assembly Majority: New York State Economic Development Capital Program. A.9803- 

D. page 885 and 886 lines 43-46 and 1-4. See attached enabling legislation and 

initiative form. 

40. International Business Machines Corporation -- $65,000,000 W285 Capital Grant 

Incentive Proposal accepted July 2008; ESDC Directors approval anticipated in 

September 2008. No disbursements to date. IBM, The Research Foundation for State 

University of New York on behalf of the College of Nanoscale Science and Engineering 

of the University at Albany Nanotech Complex ("CNSEIANT"), and NYS intend to 

expand nanotechnology research, development and manufacturing activities within the 

State of New York in the form of substantial on-chip (semiconductor) and off-chip 

(packaging) related investment at IBM's East Fishkill facilities and at CNSEIANT. IBM 

will invest $1.5 billion in semiconductor & packaging capital and research & 

development expenses in New York State from 2008 through 2011 to expand IBM and

NYS's leadership in nanotechnology. IBM will retain 1,400 semiconductor positions at 

the East Fishkill facility. Without ESDC assistance, the East Fishkill site may not have 

been chosen for this significant investment, which instead could have been made in 

competitive locations in Canada, Europe or Southeast Asia. 

The budget appropriations are as follows: 

Current Commitment: 

New York State committed $140 million to support the construction of a wafer 

packaging facility and continued research and development efforts between Albany 

Nanotech (ANT) and IBM. The State's investment of $140 million will leverage a $1.54 

billion investment by IBM, and result in the creation of at least 675 jobs at the Wafer 

Packaging Facility; 325 jobs at Albany Nanotech; and retention of 1400 jobs at IBM's 

East Fishkill facility. 

The budget appropriations are located in A.9803, page 882 lines 2-21 and page 884 

lines 17-27. 

Historical Commitments: 

2000 Deal: 

IBM invested over $2.5 billion to construct a new semiconductor manufacturing plant in 

the Hudson Valley Research Park (HVRP) in East Fishkill, which resulted in the creation 

1,000 new jobs and retention 5,048 through 12/31/04. As a result of this investment, 

IBM was eligible to receive the following: 

- Up to $475 million in Empire Zone credits; however, employment reductions 

elsewhere in the State (notably the divestiture of their Binghamton operation) 

resulted in no Empire Zone real property credits being claimed. 

- $28.75 million in grants and loans from a variety of State sources to IBM and 

Dutchess County. ESDC provided direct incentives of $17.5 million and the

emaining $1 1.25 million was provided through Environmental Facilities 

Corporation (EFC's) Pipeline for Jobs program. 

- Up to $156 million in local tax benefits/exemptions. State has no 

documentation on these benefits, as it was benefits offered to IBM by the 

Town of East Fishkill and Dutchess County. 

2005: 

New York State provided $150 million to establish the Center for Semiconductor 

Research, a joint partnership between IBM and Albany Nanotech. As part of the State's 

$150 million commitment, IBM received $130 million for the expansion of their East 

Fishkill facility and Albany Nanotech received $20 million for equipment purchases. 

The budget appropriations are located in A.9805, page 840, lines 16-29, New York 

State Economic Development Program (NYSEDP). See attached MOU. 

41. International Computer Chip Research and Development Center--$300,000.000 

Background: New York State provided $300 million towards the $600 million expansion 

of SEMATECH, the international consortium of semiconductor manufacturers, existing 

research and development program at the Center of Excellence in Nanoelectronics and 

Nanotechnology at the University at Albany Nanotech Complex. The expansion will 

firmly establish New York as a global leader in research and development of the next 

generation of computer chips. New York State's $300 million will be made available 

over five years to help SEMATECH purchase advanced semiconductor process 

equipment, and result in the creation of 450 new jobs and retention of 250 jobs 

establish as part of the 2003 SEMATECH North agreement. 

State Funding: $300 million in Capital funding approved by the Legislature in May 2007 

to purchase of machinery and equipment for use by SEMATECH and Albany Nanotech. 

The budget appropriations are located in A.9805, Page 830-31, line 39-45 and 1-5

42. American Axle Manufacturing $800,000 Empire State Economic Development 

Fund V662 Capital Grant Incentive Proposal accepted August 2007; ESDC Directors' 

approval anticipated in December 2008. Project currently on hold pending company's 

decision to move forward with the project No ESDC Directors approval as of this date. 

The project is on hold indefinitely due to American Axle's (AAM) ongoing discussions to 

close the Tonawanda plant next year, leaving only the Cheektowaga plant open. AAM's 

intent was to invest over $4.9 million in machinery and equipment in order to secure a 

new product line for an advanced technology product. The new business is the X22F 

program which is a transaxle differential for a six-speed, front-wheel drive transmission 

to be used for passenger cars and crossover vehicle applications. The project was to 

retain 138 jobs and create 17. The economic benefit to cost ratio is 50 to1 and the 

payback period for New York State costs is 3 years. The project was initially scheduled 

to begin in September 2007, however since the company's Delavan plant closed earlier 

this year, the project is on hold pending company's decision to move forward with this 

investment. 



821, lines 32-33; and, page 881, line 46; and, page 818, line 2. 

43. Bass Pro Outdoor World store - Downtown Buffalo - $21.0 million; Legislative 

Item - Governor sponsored. Initial Memorandum of Understanding signed in 2004. 

Replaced by Pre-Development Agreement, January 2008, between ESDC subsidiary

(Erie Canal Harbor Development Corporation), Bass Pro Outdoor World, LLC, and 

Benderson Development. 

Bass Pro has agreed to locate their largest prototype store (250,000 sq. ft.) on the site 

of the City of Buffalo's long vacant arena at the city's Erie Canal Harbor area. The 

arena will be demolished by March 2009. The store will be built by the Erie Canal 

Harbor Development Corporation and leased long term to Bass Pro and is estimated to 

draw in excess of 2 million customers a year to a downtown location which has lost all 

retail uses over the last 40 years. Adjacent to the anchor store, Benderson 

Development will agree to develop 550,000 sq. ft. of mixed use retail, office, housing, 

and museum space and several thousand parking spaces. The project is estimated to 

generate $9.5 million in sales tax revenues, $1.2 million in property taxes, and 

$600,000 in rents each year in an urban renewal area of the City of Buffalo. 

The budget appropriations are located in A.9805 page 831. lines 16-31. See attached 

MOU. 

44. Delphi Automotive Systems Capital -- $25,000,000 Legislative Item Governor 

sponsored. Application received on August 2006; ESDC Approval September 2006; 

GDA Executed on October 23, 2006; Disbursements - $15,000,000 on December 11, 

2006, $5,000,000 on March 10, 2008, expect final $5,000,000 payment request in the 

next 6 months. Delphi filed for protection under Chapter 11 bankruptcy in October 2005 

& planned to complete a restructuring and emerge from bankruptcy by 2007. All 

locations that remain part of the Company as part of its restructuring plan would have to 

implement productivity enhancements, product line restructuring and workforce 

reductions, in addition to achieving overall efficiency improvements. In 2006, Delphi 

advised ESDC that further productivity enhancements were required at Lockport and 

Rochester. Substantial investments in these areas had already been made at both 

sites. Delphi identified both Lockport and Rochester locations among eight core

facilities in the U.S. which would be retained as part of its restructuring plan; however, 

the absence of additional investment to upgrade technologies would jeopardize jobs 

and the long-term viability of these facilities. The project expects to improve the 

Company's competitiveness and the way Delphi conducts business. Bankruptcy Judge 

Robert Drain approved Delphi's bankruptcy plan in December 2007, which the Grantee 

is currently implementing. ESDC's funding is being used for a portion of machinery 

and equipment; infrastructure, building and equipment upgrades; and 

rearrangementlrelocation and sofl costs. The budget appropriations are located in 

A.9805. page 832, line 22. 

45. Excell Partners -- $750,000 Legislative ltem - Senate sponsored V763 $750,000 

Member ltem (Senate); application received October 2007; ESDC Directors' approved 

December 20,2007; GDA executed January 4,2008. $300,000 disbursed to date. 

Formed as a not-for-profit corporation in January 2005 by an agreement with the 

University of Rochester Medical Center, Excell's mission is to assist select technologybased 

start-up companies. Excell has funded sixteen new companies totaling over 

$1,700,000 since its inception. The project will fund a second year of daily expenses 

such as rent; staff salaries; accounting/legal costs; and consultant fees for patent 

research, market assessments, business plans and feasibility studies. The grant will 

also fund the purchase of new computers, printers and software; and sponsorships, 

which include Excell's support of regional economic development initiatives such as 

business plan contests, entrepreneurial networks and pre-seed workshops. Funds not 

used for operations will be invested in emerging technology companies in upstate New 

York. 

The budget appropriations are located in A.9805, page 836, lines 5-6

46. Rochester Rhino's--$5,000,000 (administered through NYS Dormitory Authority, 

not ESDC. 

Background: Rochester Rhino's are a professional soccer team playing in a new soccer 

stadium, Paetec Park, in downtown Rochester. In addition to this $5,000,000 grant, 

New York State provided an additional $19,000,000 to support the construction of the 

stadium. 

State Funding: A Capital Add to the enacted 2006-07 budget by the Assembly support 

general stadium improvements and upgrades. Cautionary Note: OSC is in process of 

conducting an audit of Paetec Park to determine if $19 million in state grant money was 

used for its intended purposes to help fund the design and construction of the Park. 

The budget appropriations are located in A.9805, Page 836, line 5-6 

47. Assistance to Chambers of Commerce - 8 Chamber of Commerce projects were 

approved by the ESDC Directors during FY 07-08, totaling $1.56 million: 

Maspeth Chamber of Commerce - Grand Avenue -- $25,000; Community Projects 

Fund. V134 ESDC Directors approval 4/19/2007; GDA fully executed 7/9/07: fully 

disbursed. 

As part of the Chamber's overall efforts to improve the business climate within the 

Maspeth Business Improvement District, ESDC assistance helped support 

maintenance and beautification of public amenities including planting new trees, 

flowers and the installation of new coco liners in the plant bins.

The budget appropriations are located in NYS Budget Laws of 2008-09, Page 281, 

Lines 4-13. ESD administration of this project is based on and in conformance with an 


Brooklyn Chamber of Commerce -- $650,000; Community Projects Fund. 

V674 ESDC Directors approval 3/8/2008 ESDC's assistance is to be used to support 

a portion of the costs of initiatives to promote Brooklyn businesses and support job 

creation, including Brooklyn Goes Global ("BGG"), Real Estate and Development 

Assistance ("RED"), RealBrooklyn, and Good Help. 


Line 16. 

ESD administration of this project is based on and in conformance with an Initiative 


Queens Chamber of Commerce -- $25,000; Community Projects Fund. 

W254 ESDC Directors approval 6/21/07; GDA fully executed 8/1/07; nearly fully 

disbursed. 

The project consists of a business outreach effort to smaller local chambers of 

commerce within the borough to form mutual affiliations. 


Line 29. ESD administration of this project is based on and in conformance with an 

lnitiative Form directive from the NYS Assembly.

Niagara USA Chamber, Inc. - Niagara Falls Air Force Base Redevelopment -- 

$100.000; Base Redevelopment fund. U869 ESDC Directors approval 8130107; GDA 

fully executed 9/21/07; nearly fully disbursed. Project is part of the efforts to prevent 

the Niagara Falls Air Reserve Station, the last U.S. Air Force Reserve installation in 

New York State, from being placed on future Base Realignment and Closure 

Commission lists. 


Line 48-51. ESD administration of this project is based on and in conformance with an 


Sunnyside Chamber of Commerce -- $25,000 grant; Community Projects Fund. 

U857 ESDC Directors approval 912012007; GDA fully executed 11120107; fully 

disbursed. 

ESDC funds assisted the Sunnyside community in outreach and economic 

development. The Chamber's Web site was upgraded, new business events held, 

advertising materials were translated into various languages needed to reach the 

diverse population of Sunnyside. 


Line 4-13. ESD administration of this project is based on and in conformance with an 


AlbanylColonie Regional Chamber of Commerce - The Chamber Foundation -- 

$80,000 MWBDL - EAP. U718 ESDC Directors approval 1211 8106; GDA fully

executed 2/6/07; fully disbursed. The project is part of the Entrepreneurial Assistance 

Program, with grants to approximately 20 EAP Centers throughout the state to provide 

comprehensive assistance in enterprise development to owners and prospective 

owners of small businesses, with a particular interest in sewing minority group 

members, women, dislocated workers, and individuals with a disability. 


Lines 13-17. ESD administration of this project is based on and in conformance with 

an Initiative Form directive from the NYS Assembly. 

Orange County Chamber of Commerce - Stewart Air National Guard Base -- $5,000 

Base Redevelopment fund. W016 ESDC Directors approval 2/21/08; GDA fully 

executed 3/3/08; no disbursements to-date. The project supports a multi-faceted public 

relations campaign that includes visiting government officials at all levels to promote 

the importance of the Stewart Air National Guard Base to the economy of the region. 


Lines 5-6. 

Brooklyn Chamber of Commerce - Brooklyn Alliance -- $650,000 Community Projects 

Fund. U857 ESDC Directors approval 3/20/2008; GDA not yet executed; no 

disbursements to-date. ESDC's assistance is to be used to support a portion of the 

costs of initiatives to promote Brooklyn businesses and support job creation, including 

Brooklyn Goes Global ("BGG"), Real Estate and Development Assistance ("RED"). 

Real Brooklyn, and Good Help.


Lines 4-13. ESD administration of this project is based on and in conformance with an 

lnitiative Form directive from the NYS Assembly. 

48. Assistance to Chambers of Commerce - 7 Chamber of Commerce projects are 

lined out in the 08-09 budget. totaling $1.272 million: 

Jamaica Chamber -- $47,000 Community Projects W389 ESDC Directors approval 

anticipated 10118108. Funds will be used to support soft costs addociated with the 

$950,000 capital Jamaica Export Center project. 

The budget appropriations are located in NYS Budget Laws of 2008-09, Page 813, line 

25. ESD administration of this project is based on and in conformance with an Initiative 


Queens Chamber -- $94,000 Community Projects W388 ESDC Directors' anticipated 

approval not yet known. Funds will be used to improve outreach to minority and 

women owned businesses, including support for financial literacy programs and the 

development of resource material in a multi-lingual format. 


29. ESD administration of this project is based on and in conformance with an 

Initiative Form directive from the NYS Assembly.

Syracuse Chamber -- $376,000 Community Projects W336 ESDC Directors' approval 

anticipated 10118/08. Recapitalization and expansion of GSBDCs Central New York 

Quasi-Equity Fund. 



Initiative Form directive from the NYS Senate. 

Brooklyn Alliance - Brooklyn Chamber -- $650,000 Community Projects Fund 

W241 ESDC Directors' anticipated approval not yet known. Funds will be used to 

help address Brooklyn's critical business and job creation needs through a business 

employment service and the development of a strategic marketing plan. 


17-18 and restated on Page 881, line 9-10. ESD administration of this project is based 

on and in conformance with an Initiative Form directive from the NYS Assembly. 

Jamaica Chamber-- $ 65,000 Community Projects Fund W248 ESDC Directors' 

approval 7/17/08; GDA fully executed 7/22/08; no disbursements to-date. Funds will 

be used to support soft costs associated with the $950,000 Capital Jamaica Export 

Center project. 


26 and restated on Page 881, line 18. ESD administration of this project is based on 

and in conformance with an lnitiative Form directive from the NYS Assembly.

Queens Chamber $25,000 Community Projects Fund W254 ESDC Directors' 

anticipated approval not yet known. Funds will be used to improve outreach to minority 

and women owned businesses, including support for financial literacy programs and 

the develompent of resource material in a mulit-lingual format. 




Sunnyside Chamber $15,000 Community Projects Fund W253 ESDC Directors' 

anticipated approval not yet known. Funds will be used for general operating expenses 

for outreach and economic development in the Sunnyside area. 




49. As seen from a review of the above projects, in some instances no funds have 

been disbursed and in others there has been a full disbursement of funds. 

50. Readily apparent from a review of the above is the public purpose of these 

challenged grants. All proposals are designed to either increase or expand business in 

New York, thereby creating jobs, or to keep business in New York retaining jobs. As set 

forth above, ESDC also manages projects which originate from the New York State 

Assembly, Senate, and Governor. These projects serve the public purpose of

; , j ; ' 5 ! ., I,. - . :.:..$'

CHAPTER 53 OF LAWS 

OF 2008 

RELEVANT 2008-09 

N.Y.S. BUDGET 

EXCERPTS

Invest~ortunitv Fund 

sum of_rPSO, O O a herebc&9ro~ri_l 

~ 

ated for the investment o~~cxtunitv 

fund, as authorized pursuant to a chapter 

of the laws of 2008. £01 economir: 

development and academicresearcLd 

development projects, subiect to a W 

submitted by t h e New 

York state urban develo~ment cornoram 

in consultation w & L t k x h i n n a a 

upstate empire - 1 2 

=moved by the director of the budqet. 

Eliqible projects shall induk-but not 

be limited to uo to $13 million for 

Mauna Powertrain / New PPrces@Gear 

located within the county of On- 

A l l i o n of the f-rok 

ated herebv mav be subs-u 

transferred to any department, auency, 

or public authoA& ....................... m x 0 0 

22 Arts and Cultural ProieCts 

The sum of $30,000,000 is hereb~amro~ri- 

-forehad at 

cultural capital arants ~rouram. as 

O o r i z e d a t to a chcmkr of tb 

laws of 2008, to su~portthe oreservation 

and exoansion ofltural institutionsN~ew-!-i~ect 

to a 

plan a~~roved bv the director of the 

wet. All or a portion of the funda 

-oziz&e-by 

mav be suballoc~ 

o r r r e d to anv department. aqen- 

....... 

-uQ-ment 

Proi ects 

IPh_e sum of 635.000.0000priated 

for the New York state economic and 

communi tv development oroqram. as 

n o - 

p w u f u n d s a~~ro~riated hereby 

mav be suballocated or transferred to 

aaU& 

authoritv ................................

-ao~anap arlerls a~yaua arlerlsan aqrl 30 uem LP 

-1yeq3 aqrl nq parlrlrmqns ueIa e 03 rlaakqns 9 P 

srl3a~01a nrly3-nq-nrly3 arlerlsan 103 parle SP 

-yIaOIaa= nqalaq sy OOO'OOO'OE$ 30 urns am PP 

................................. nrly1orIrlne 

w~qna 10 'n3uane 'rluamrl~eaap nue 

or) pa~~a~sne~rl xo parleao~~eqns aq hem 

nqaxaq parleyxaolaae spun3 aqrl 30 uoyrlxoa 

e 20 IIV -rlanpnq aqrl 30 idrlaaryp aqrl nq 

panoraae pue srlaylem pne a1n~1n3716e 30 

rluaunxeaap aqrl 30 Iauoyssyunnos aqrl qrlyn 

uOyrlerlInsuo3 uy uoyrle1od.103 rluamaoIanap 

arlerls alyama arlerlsan aqrl 30 ueuuym~3 

aqrl nq parlrlrmqns new e orl rlaa~qns ,800~ 

30 sneI aqrl 30 rarlaeq3 e 03 rluenslna 

pazyloqrlne se 'pun3 rluamaoIanap 3ymouo3a 

~e~nrl~nayrne arlerlsan aq2 103 pa2e 

-yxaoIaae nqalaq sy OOO'OOO'OP$ 30 mns aqL 

OOO'OOO'OZT ' ....... nrlyroqrlne 3y~qna 

10 'h3uabe 'rluam 

-rlreaap nne orl pa~~a~sne~rl 10 pa2eaoI 

-1eqns aq nem nqaraq parleyraoraae spun3 

aqrl 30 uoyrlxoa e xo v 'rlanpnq aqrl 

30 ~orlaa~yp aqrl nq panoxaae pue uoyrler 

-om03 rluamaoIanap arlerls alyama arlerlsan 

aqrl 30 uermyeq3 aqrl nq parlrlymqns ueIa e 

orl rlaakqns '800~ 30 sneI aqrl 30 1arldeq3 

e orl rluensma pazyloqrlne se 'pun3 2uy1cr 

-anIq ~euoynar arlerlsan aqrl 103 parleyla 

-01dde hqalaq sy ooo'ooo'oz~$ 30 mns aqL 

....... nrlyloqrlne 3y~qna ro 'n3rrane 'rluam 

-31Pdap nu* orl pa11a3sne1~ 10 palpsoI 

-1eqns aq nem hqalaq parleylaoraae spun3 

aqrl 30 uorrl1oa e 10 I -rlanpnq aqrl 

30 ~orlaa~yp aqrl nq panolaae pup uoyrle1 

-oar03 JuamaoIanap ueqrn arlerls yrox naN 

aqrl 30 uemryeq3 aqrl hq parlrlymqns ueIa e 

orl rl3a~qns pue ,800~ 30 saw aqrl 30 rarl 

-aeq3 e orl rlnensrna pazyroqrlne se 'pun3 

uoyrlezyIerlyax arlerlsanop aqrl roj pale 

-JI~oI~~= AqaIaq OOO'OOO~SE$ 30 urns aqL 

pund UoyrlezyIerlmax alelsanoa

1 ment comor&o~ and ap~roved bv ths 

2 firxctor oLt& budet. All or a portion 

3 a~pro~riated_&&x may be 

4 - suballocated o-red 

to-x-axk 

5 ment, auencyL or public au-t~ 30.000,000 

........... 

- New York City Waterfront Develppment Proiects 

me sum of $3L000,000 is herebv awro~riated 

far -=front 

developnstproi 

=La, incl~ldinq bnt not limited 

to those l i s t e d l =sAhedule below, 

subject t m d bv the chairmn 

of the New York stateuzbxd&veUEc 

merit comorar+On and a~p- 

-r of the buduet. All or a portion 

of the funds a m r o ~ r i a t e d m a 2 

suballocated odr4nsfexM to anv depart 

ment. aqencv o~ublic4~_thority 

............ 

Proiect w h e w 

P R % AMOUNT 

............................................ 

G m r r s I S ~ . l o. 

m a 

-on 

OOOALL 

.............. 

River park ......k.4, 

............... 

23 

24 Total d 0 0 , O S a 

25 ============== 

P 

26 Luther Forest Inf-pre Pr~4ezts 

27 For servicu9d emenses of Luther Forest 

28 Technolow _ ramuEcOnOmiient 

29 - Comar~tion for inf rastr_u&~rp_~d~&% 

30 deveo-1 ex~enses,~lL- 

31 the funds aDD ro~riated herek-rn-2 

32 .suballocz~tsd 02 transf eyed to-any depart - 

33 merit,-cy, or public authority 45,000,000 

........... 

NEW YORK STZITBONOMIC DEVE- 

ASSISTANCE PROGRAM 

- T h ~ $ 3 5 o , 9 p O09_0 0 is hereby aopropriated 

fpr the New-k State Bco~omik 

-Armosram, as 

authorized pursuant to a chapter of the 

-2 20118. All or a portion of tb 

funds a~~rowiated herebv may be subalmu-tIansferredart 

- 

ment, aaem, orpublic authoritv 

........ 

Eb000.N 

NEWORESTATE CAPITAL ASEXSTANCE PROGRFiM 

The s u m 

44 __ of 3la&Q00 is hereby aopro- 

45 priated for th&wW~& State Capital 

46 - Assistance P~ogrm~ a@ au-rsu- 

@PRINTED 

ON RECYCLED PAPER

1 ant to a chaoter of the laws of 2008. 

2 All or a oortion of the funds mav be 

3 suballocated or transferred to anv 

4 deoartment, asencv or oublic authoritv ... 350.000.000

867 12805-12-8 

MISCELLANEOUS -- ALL,STATE DEPARTMENTS AND AGENCIES 

STRATEGIC INVESTMENT PROGRAM 

CAPITAL PROJECTS - REAPPROPRIATIONS 2008-09 

STRATEGIC INVESTMENT PROGW (CCP) 

pita1 Projects Fund 

Strategic Investment Program Pu'rpose 

BY chapter 55, section 1, of the laws of 2000: 

The sum of $225,000,000 is hereby appropriated for environmental 

projects, including the preservation of historically significant 

places in New York state, and projects to conserve, acquire, deve1o.p 

or improve parklands, parks or public recreation areas; economic 

development projects which will facilitate the creation or retention 

of jobs or increase business activity within a municipality or 

region of the state; higher education projects; projects to establish 

new or rehabilitate existing business incubator facilities to 

accommodate emerging or small high technology companies; arts or 

cultural projects. Individual projects funded from this appropriation 

shall be for $250,000 or more and funds appropriated hereby 

may be suballocated to any department, agency, or public authority 

(71SIOOSI) ... 225,000,000 ...................... (re. $225,000,000) 

Project Schedule 

AMOUNT 

............................................ 

nvironmental ................... 63,750,000 

Economic Development ............ 78,750,000 

igher Education/High Technology 

Incubator ................. 43,750; 000 

rts/Cultural ................... 38,750,000 

.............. 

Total ........................ 225,000,000 

-------------- 

' L':

MEMORANDUM OF UNDERSTANDING 

THIS AGREEMENT, entered into on 

,2000, by and between Governor 

George E. Pataki, or his designee; Joseph L. Bruno, Temporary President and Majority 

Leader of the Senate, or his designee; and Sheldon Silver, Speaker of the Assembly, or 

his designee. 

WHEREAS, the Governor and Legislature have determined that investments in 

environmental projects, economic development projects, arts and cultural projects, and 

higher educationlhigh technology incubator projects will provide public benefits to the 

State of New York and its citizens. 

WHEREAS, the Legislature has agreed to authorize the Dormitory Authority of 

the State of New York, the Environmental Facilities Corporation and the Urban 

Development Corporation (dlbla Empire State Development Corporation) to issue 

bonds or notes in a principal amount not to exceed $225 million to finance projects or 

make grants, loans or combinations thereof pursuant to an appropriation contained in 

Chapter 55 of the laws of 2000 for the Strategic Investment Program (the "SIP 

Appropriation"). 

NOW THEREFORE, in consideration of the mutual covenants contained herein, 

the parties hereto agree as follows: 

1. One-third of the $225 million authorized pursuant to the SIP Appropriation 

shall be allocated to and available for projects designated by the 

Governor, one-third shall be allocated to and available for projects 

designated by the Temporary President and Majority Leader of the 

Senate, and one-third shall be allocated to and available for projects 

designated by the Speaker of the Assembly. In addition, such projects 

designated by the Governor, Temporary President and Majority Leader of

the Senate and the Speaker of the Assembly shall include an investment 

of not less than $250,000 pursuant to the SIP Appropriation. 

2. From time to time, projects may be proposed by the Governor, the 

Temporary President and Majority Leader of the Senate, or the Speaker of 

the Assembly, or their respective designees, to be funded pursuant to and 

consistent with the schedule of purposes contained within the SIP 

Appropriation. Such proposal shall identify the agency or authority to be 

responsible for administration of such funding, the authority proposed to 

issue the bonds associated with such project, the total amount to be 

committed pursuant to the SIP Appropriation, the category included in the 

schedule of the SIP Appropriation to which such funding will be charged, 

and the amounts to be credited against the respective allocations 

established in paragraph 1 of this Memorandum of Understanding, and 

such other information as shall be necessary for the parties to this 

agreement to evaluate such project. Within two business days of receipt 

of any such project proposal, the Director of the Budget shall submit to all 

parties to this agreement, or their designees, project(s) so advanced. 

Projects shall be deemed approved as proposed unless, within 10 

business days of receipt of such proposal, either the Governor, Temporary 

President and Majority Leader of the Senate, or the Speaker of the 

Assembly notifies the Director of the Budget that such projects shall be 

disapproved. 

3. From time to time, the Governor, Temporary President and Majority 

Leader of the Senate, or the Speaker of the Assembly or their respective 

designees, may, upon notification to the Director of the Budget, 

interchange the amounts delineated within the schedule of purposes 

contained within the SIP Appropriation, provided that (i) each interchange

notification shall specify the total amount to be interchanged from one 

purpose to another; and (ii) each interchange notification shall be in 

compliance with paragraph one of this Memorandum of Understanding. 

The Director of the Budget shall within two business days, submit such 

notification to all parties to this agreement, or their designees. 

4. In no event shall the total amount of funding for projects approved 

pursuant to this Memorandum of Understanding exceed $225,000,000. 

5. This agreement may be amended only by written agreement of all parties. 

Dated this day of ,2000. 

George E. Pataki 

Governor 

Joseph L. Bruno 

Temporary President and Majority Leader of the Senate 

Sheldon Silver 

Speaker of the Assembly

Eliot Spitzer 

Governor 

STATE OF NEW YORK 

EXECUTIVE DEPARTMENT 

DIVISION OF THE BUDGET 

STATE CAPITOL 

ALBANY, NEW YORK 12224 

Paul E. Francis 

Director of the Budget and 

Senior Advisor lo the 

Governor 

MEMORANDUM 

TO: 

The Honorable Eliot Spitzer, Governor May 17,2007 

The Honorable Joseph L. Bruno, Temporary 

President and Majority Leader of the Senate 

The Honorable Sheldon Silver, Speaker of the 

Assembly 

FROM: 

SUBJECT: 

Strategic Investment Program 

Pursuant to the requirements of paragraph 2 of the Memorandum of 

Understanding executed between the Governor, Temporary President and Majority 

Leader of the Senate and the Speaker of the Assembly governing administration of the 

Strategic Investment Program, please be advised that the attached project proposal has 

been received: 

. 

Project 

west Genesee Hotel Association (Hyatt Regency Hotel, 

Buffalo) 

Amount 

$1,700,000 

Authority 

ESDC 

This request will be deemed preliminarily approved on May 30, 2007 unless prior 

to this date either the Temporary President and Majority Leader of the Senate, or the 

Speaker of the Assembly notifies the Director of the Budget that the project is 

disapproved including the basis for such disapproval consistent with established project 

criteria. 

Attachments 

cc: 

Jeffrey Lovell 

Dean Fuleihan 

Patrick Foye 

Daniel Gundersen

MEMORANDUM TO: 

FROM: 

Paul E. Francis 

Director of the Budget 

Marion MacQueen 

VP Special Programs, ESDC 

DATE: May 17,2007 

Pursuant to the provisions of the Memorandum of Understanding 

("Memorandum") executed between the Governor, Temporary President and Majority 

Leader of the Senate and the Speaker of the Assembly governing administration of the 

Strategic Investment Program (SIP), this letter shall serve as notice to consider the 

attached request. 

PROPOSED PROJECT: 1 West Genesee Hotel Association (Hyan Regency 

1 Hotel, Buffalo) 

1 

SIP CATEGORY: 

Economic 

I 

DOLLAR AMOUNT REQUESTED: 

PROPOSED ADMINISTERING AGENCY: 

1 PROPOSED FINANCING AGENCY: 

$I,~OO,OOO 

Empire State Development Corporation (ESDC) 

I 

I 

Empire State Development Corporation (ESDC) 

I 

ANTICIPATED PROJECT STARTING 

March 2007 

OATEi 

EXPECTED DATE OF COMPLETION: December 31,2008 

I 

r- 17-07 

Date

1. Hyatt Regency Buffalo-Renovations (V594) 

May 17,2007 

Grantee: 

Address: 

Contact: 

West Genesee Hotel Association 

Six Fountain Plaza 

Buffalo, New York 14202 

W. Earl McCartney, CFO 

Phone: (716) 332-4227; Cell (716) 228-8752; Fax: (716) 332-4237 

Project Location: Buffalo, Erie County 

NYS Empire Zone (or equivalent): N/A 

ESD Investment: 

A grant of up to $1,700,000 to be used for a portion of the costs of 

renovating and refurbishing the rooms and facilities at the Hyatt-Regency 

Hotel. 

Project Team: Project Management Javier Roman 

Environmental Soo Kang 

Project Completion: December 2008 

Project Description: 

Background 

In 1980, a public-private partnership was created to develop a 400-room, first-class 

convention headquarters hotel in an effort to create a successful convention business in 

Buffalo. This venture was supported by the city of Buffalo, Norstar Bank, Goldome, Big E 

and M&T banks, as well as the Laborers and Ironworkers Pension Funds. The proposed 

hotel was to be located directly across from the convention center. 

Support was insufficient to attract development until 1981 when Hyatt owner A.N. Pritzker 

agreed to return to the Buffalo project only if he partnered with Paul Snyder, who agreed to 

become a 30% partner. As a result of that partnership, the Hyatt Hotel was completed in 

1984 on schedule, within budget. In 1993 financing was restructured. Each of the four 

Buffalo banks sold their interest in the hotel mortgage and the city of Buffalo transferred 

ownership of the Convention Center ("CVB") to Erie County (the "County.") The County 

has not provided sufficient resources to maintain the CVB and it diverted much of the 5% 

bed-tax revenue away from the Convention Center to the HSBC Arena and various other 

County obligations. 

In December 2002, Scott Miller, president of the Hyatt Corporation, went to Buffalo to 

advise the County and the city of Buffalo that Hyatt would withdraw from the Buffalo 

market without a commitment to increase funding and renovate the CVB. Hyatt thereafter 

withdrew and refused any further funding. Only Mr. Snyder's 30% interest continued to 

fund the hotel. Mr. Snyder and Hyatt then indicated that an $1 1.1 million renovation was

Hyatt Regency Buffalo-Renovations (V594) 

May 17,2007 

essential for the hotel to survive. They also agreed to complete the renovation and 

refurbishment of the hotel only if the state of New York assisted in funding the project. 

The Project 

The ESD grant of $1.7 million will provide necessary funding for renovating and 

refurbishing the hotel facilities. Internal improvements will involve the 401 rooms, kitchen 

facilities, ballroom, meeting rooms, conidors and other amenities, furnishings and 

equipment for the hotel. An additional grant of $1.7 million 6.om the Assembly and $1.7 

million that the grantee expects to secure with a $1,700,000 Senate grant as a result of 

fundraising efforts, added to the investment of $6.0 million by the grantee total the $1 1.1 

million needed to complete the Project. When it is completed, the renovated hotel will 

provide the basis upon which Buffalo can increase its economic development. Such an effort 

could not succeed without a first-class, full-service hotel. The City of Buffalo and Erie 

County acknowledge the dire need of solid, appealing convention amenities in order for 

Buffalo to be a successful magnet for business and tourism. 

Disbursement Terms: 

Disbursement of grant funds will be made as reimbursement of eligible costs, upon 

submission of required documentation, on a pro-rata basis. 

Upon completion of the project, the Grantee will furnish a final report, describing the impact 

Statutory Basis - Strategic Investment Program: 

This project is authorized in accordance with Chapter 55 of the Laws of 2000 for the Strategic 

Investment Program (the "SIP Appropriation") and reappropriated m the 2007-2008 New York 

State budget.

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THE ASSEMBLY 


ALBANY 

Mnrii,~~ I,. \l:~cQucen, Vice Prwidmt, Special Progr.uns 

1-mpirc S1alc Dcvelopmcnt Corporation 

b;.: 'I'liil.tl ;\VC 

Kc\\ ic~rk. NY 10017 

:\s n rncnll~cr of thc New York State Asscrnbly. plcasc nccepl this lcllcr of my suppon Tor 

s12;c finu~~ci;~l assistance for thcHyatt Rogcncy locatcd in doivnto\\n L'.ullrrlo. i\'e\\, Yvrk. 'I hu 

Slalc :i:;::crtlbly's portion for this pivotal economic dcveloprncnt project i:; $1.7 n~illion. 

Tlti111k you in advancc for your collsideratio~~ lu this slslc fundi~~g rcques!. I1 ;my 

;ttltli~irlial inl'unrlalion is requested, please do not hesitatc to colttact rnc :I! [51 S) 455-5UO. 

,&+$- 

I IIIIL'I~!SI.11 I). lJc ,I S 

Ncw York Sl;ltc .I\ssembly 

I" L>i:;~ric: 

cc: I;ormcr hlatyor l'ony ~Masiello

. 

w(r a-1 

NnYmSlusmiie Fur 6WiWW 

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, egPrVldmaY. Brnwtbes~db~~m~oorrip~odff~ 

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the CWemnCe 1s to be ant to isas foilow% Wcboe~ce~ap,t~s 

. . 

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. . ~- .,. 

. , 

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. , . _ .... . , ., .

1 ment corporation and approved bv the 

2 director of the budaet. All or a porti- 

3 - of the fundapDrooriatedereby maas 

4 suballocated or transferred to any depart- 

5 ment. agency, or public authority %OQLQWJ 

........... 

6 New York Citv Waterfront Develo~m~~roiects 

The sunof $30.000.000 is Sherebv 'a~oroak 

-atYorkrfront 

development 

projects. includins but not limited 

to those listed in theschedule below. 

subiect to -air- 

director of the budaet. All Or a or ti on 

of the funds approuriated herein mav be 

s u b a l l o c a t e p t - 

-- 

............ 

18 -ule 

19 PROJECT AMOUNT 

- 

22 Hudson River Park ............... 20,DDD.OOD 

.............. 

23 P 

24 Total...... 

30,000,000 

25 

----------==== 

26 Luther Forest Infrastructure Proiects 

For services and exvenses of Luther Forest 

Technolow Campus ECO- Development 

Corporation for infrastructure and site 

m x - 

the funds appro~riated herebv may be 

suballocated or transferred to anv dewartment.cv. 

or public authority ........... 45.000AQQ 

NEW YORK STATE ECONOMIC DEVELOPMENT ASSISTANCE PROGRAM 

1 

The sum of $350,000.000 is herebv 'apuro- 

~riated for the New York State Economic 

Develo~ment Assistance Prosram. as 

authorized pursuant to a ch-er of the 

laws of 2008. All or a portion of the 

funds ap~ropriated hereby may be suballocated 

or transferred to any .departv 

e n c y . or public authority 350.000.000 

43 -0RK STATE CAPITAL-IS- PROGRAN 

........ 

44 The sum of $350,000,000 is hereb-10- 

45 priated for the New York St&Ca0itt%L 

46 hssistance I'rocrram, as a11thorize_d~~u15:I:

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, 

/,' 

/TO: 

/ 

PROM: 

Laura Anglin, Director of the Budget 

Robert Mujica, Deputy Secretary 

@ 

April 29,2008 

SUBJECT: New York State Economic Development Assistance Program WSEDAP) 

Allocation Plan #1 

Attached for your review is a list of 97 new capital project items totaling 

$217,900,000 which I plan to activate against the SFY 2008-09 $350 million appropriation for 

the New York State ~conomic Development Assistance Program. 

As you will recall, this $350 million NYSEDAP appropriation appeared in Chapter 

53 of the Laws of 2008 on page 885, lines 34-42, and was statutorily authorized in section 5 of 

Part QQ of Chapter 57, of the Laws of 2008. 

Under the terms of Part QQ, you have 10 business days to review this plan. 

Therefore, unless I hear back from you, the Senate will plan on introducing a one-house Senate 

Resolution containing this project list no later than Tuesday, May 13,2008. 

To aid you in the review process, I have attached a one page NYSEDAP Project 

Notification Form for each of the projects contained in this project plan. 

Attachments 

cc: David Natoli (SFC) 

/ 

Todd Scheuermann (DoB)~

1 

NEW YORK STATE ECONOMIC DEVE~OPMENT ASSISTANCE PROGRAM (NYSEDAP) 

- -~ 

$Amount 

Adminstrg. 

AGENCY 

Adelphi University 5,000,000 DASNY 

Agriculture Consumer Science Ctr at Stony Brook University incubator - at Calvedon 3,500,000 DASNY 

Albany College of Pharmacy 500,000 DASNY 

Albany County Airport Authority - HondaJet 500,000 DASNY 

Albany Medical Center 1,000,000' DASNY 

-- Alfred University - High Temperature Materials Testing Facility 

4,000,000 DASNY 

Allegany Co.Soil&Water Conservation DistrictlGenesee River Hazard Mitigation 

Project 750,000 DASNY 

Alley Pond ~nvironmental Center 1,000,000 DASNY 

Alzheimer's Foundation of Staten Island, Inc. 250,000 DASNY 

Babylon, Town of - Tanner Park Waterfront Revitalization 1,500000 DASNY 

Breast Cancer Help, Inc. 500,000 DASNY 

Broad Hollow kioscience Park - Phase 3 Accelerator Project 

I o,ooo,ooo DASNY 

-- 

Brooklyn Academy of Music j~shland Center for the Arts - 1,000,000 DASNY 

Buffalo Transportation Pierce-Arrow Museum 3,300,000 ESDC 

Canisius College I Interdisciplinary Science Center 4,000,000 DASNY 

Catskill Mountain Foundation, Inc. - Orpheum Performing Ats - Ctr. 500,000 -ESDC 

Catskill Regional Medical Center 2,000,000' DASNY 

Center for Jewish History - Archival Depository 1,000,000 DASNY - 

Chemung County IDA I DeMets Candy Company 250,000 ESDC 

Chemung County IDA I Eaton Electrical 500,000 ESDC 

Chemung County IDA 1 Sikorsky - Hawk Works Expansion - 900000 ESDC - 

Clarkstown, Town of - Revitalization Project - 2,000.000 DASNY 

Clemens Center (Chemung County) 1,000,000 ESDC 

Cold Spring Harbor Laboratory 1,500,000 ESDC 

CortlandCounty IDA I Finger Lakes East Business - Park 500,000 DASNY 

Culinary Institute of America 1 Marriott Pavilion 1,250,000 DASNY 

Delaware County Commercial Flood Mitigation ~reventionlnitiative 1,200;000 DASNY 

Development Corporation, The - Akrimax Pharmaceuticals, Inc. 

I,OB~~OOO ESDC 

East Greenbush, Town of - Routes 4 and 151 Infrastructure Improvements 

2,000,000 Transportation 

Ellis Hospital - Consolidation Improvements 1,000,000 DASNY 

Empire Agrifuel, msBiodieselProcessing&OilseedCrushing~acilit~ 4,000.000 DASNY 

Finger Lakes Regional Visitors Center at Geneva 4,000,000 DASNY 

Franklin County EDA 1 St. ~awrenmEline Project - 2,000,000 DASNY - 

Franklin Square School District - 600,000 DASNY 

~eneral Electric - Digital ~edicalX-~ay ~~ui~ient Manufacturing Facility 3,000,000 DASNY 

Geneva Community Center 1,000,000 DASNY 

- 

-Good Samaritan - Electrophysiology Study Lab 1,000,000 DASNY 

Greater Binghamton Health Center - 4,000,000 DASNY 

--.--p----- 

Health Alliance , lnc. 

I ,000,~o DASNY 

Herkimer County IDA I ~-4sion 300,000 ESDC 

- 

- 

Hofstra University I ~edica-uilding 

12,500,000 ESDC 

- - 

-- 

Hotel Syracuse 

1,700,000 - ESDC -. 

Hudson, City of - Waterfront Development .- 250,000 -- 

DASNY 

HVCC I TEC-SMART - Training & ~'tlucation Center for Semiconductor 

Manufacturing, Alternative & Renewable Technologies - - 6,000,000 NYSERDA 

- Hyatt Regency Hotel, Buffalo 

-.. - 

p~ 

. - . 1,700,000 ESDC 

~ 

- .

2,500,000 

-~ 

5,000,000 

p~ 

--pppp- 

1,000,000 

p---ppp 

850,000 

----p-pp---- 

pp p-pp-------- 

2,800,000 

Parks 

NEW YORK STATE ECONOMIC DEVELOPMENT ASSISTANCE PROGRAM (NYSEDAP) 

$Amount 

Adminstrg. 

AGENCY 

---p--- 

islip, Town of - Bay Shore Marina 1,500,000 DASNY 

Italian American Museum 1,000,000 DASNY 

Jewish Federation of Ulster County I Reher Bakery Building Restoration 

-- --------- 

250,000 DASNY - 

Kiryas Joel Women's Services Center 500,000 

--- 

DASNY 

Long Island Forum for Technology (LIFT) I Advanced Composite and Intelligent 

Materials Laboratory and Innovation Center 

---- 10,000,000 DASNY 

- Marcy Nanotech Center 10,000,000 ESDC 

~ ~ 

-- 

Molloy College - Student Center 

~ ESDC 

Monroe 

-- 

County - Regional Crime Lab 

- 10,000,000 DASNY 

Nationaf Baseball Hall of Fame 500,000 DASNY 

--- Nazareth College - Arts Center --- 

1,000,000 DASNY 

New Horizons Resources, Inc. 1 Professional Development Center 750,000 DASNY 

New Process Gear of Syracuse 5,000,000 ESDC 

New York City Department of Education I Equipment and Infrastructure 

--- 1,200,000 DASNY 

New York CitFakRecreation - Shore Road 1,500,000 DASNY- 

Newark-Wayne Community Hospital - 1,000,000 DASNY 

- 

Niagara Falls Airport 

---P--pp--- I ,00~000 DASNY -- 

-- Nissequogue River State Park - Kings Park 

4,000,000 ~ - 

Non Public School Bus Acquisition Initiative 

-- 

ESDC 

pp- 

Oneida County 1 Sewer Improvements 1,000,000 DASNY 

Onondaga County - lnteeable Communications System ----- 1,000,000 DASNY 

Patterson, Town of I Court House Construction ---- 

1,000,000 DASNY 

Poughkeepsie-Highland Railroad Bridge Co., lnc dba Walkway Over the Hudson 1,250,000 Parks 

pp---p--p- 

-- Putnarn Community Foundation 

2,000,000 DASNY 

Queens Library I Richmond Hill and Ozone Park Branches 

DASNY 

-- 

Remington Arms of lllion 

--- 1,500,000 --- 

ESDC 

Richmond University Medical Center 1,250,000 DASNY 

---- 

Ride For Life, Inc ---- 1,000,000 DASNY 

Rochester General Hospital 1,000,000 DASNY 

------- 

Rochester Genesee --- Regional 'fAI CityGate Satellite Transit Center 

---- 

8,000,000 . DASNY 

Rochester Institute of Technology I Golisano Institute for Sustainability 10,000,000 DASNY 

-- 

Safe Harbors of theHudson I Ritz Theater Restoration 

250,000 DASNY 

.- ---- 

Saint John Fisher ---- Downtown MSchool 

-- 2,250,000 DASNY 

Saint Mary's Hosptial '(Amsterdam) Consolidation Construction 1,000,000 . DASNY 

Saint Peter's Hospital 

- 1,500,000 DASNY 

Saratoga Springs -------- City Center 

6,000,000 DASNY 

~p 

Saratoga Technology & Energy Park-Silicon Carbide Semiconductor Manufacturing 

Facility 

-- 

1,750,000 DASNY 

Scenic Hudson, Inc. I Long Dock Beacon Park Project 1,500,000 ' DASNY 

-- 

Schuyler County -- Partnership fro Economic Development (SCOPED) I US Salt, LLC 

DASNY 

Schuyler County Partnership fro,Economic Development (SCOPED) I Welliver 

McGuire 650.000 ESDC 

------ Sherburne, Village of -.Electric Park Infrastructure 

100,000 DASNY 

Skidmore College 4,000,000 DASNY 

Solar Energy Consortium Project 750,000 : ESDC 

- So,uth Buffalo Railway - Yard and Track Rehabilitation 

p----.--p-- ~ DASNY -- 

1,500,000 DASNY- . . ~ 

South Queens Boys and Girls Club 

-- 

~ 

04179/Oi13 i 05:15:46 PM 2007-8 LiRQivlomber,~.eq~esisCAPllAL.l23/djr 2

NEW YORK STATE ECONOMIC DEVELOPMENT ASSISTANCE PROGRAM (NYSEDAP) 

$Amount 

~dminstr~. 

AGENCY 

Staten Island University Hospital 

2,000,000 -- DASNY 

-- Syracuse Film City Center Project 

1,500,000 DASNY 

Town of Thpmpson . . 

--- 

1,000,000 DASNY 

Unity Health Expansion - Park Ridge Nursing Home 250,000 DASNY 

Utica, City of - Gateway Project 600,000 DASNY 

Washington County Dept:of Planning & Community Development - Batten Kill 

Railroad l,OOO,OOO DASNY 

WNYC Public Radio : State-of-the-Art Radio 

~ 

/ Communications 

~ 

Facility 

~ 

2,000,000 

~ 

DASNY 

YMCA of Greater Rochester 1,500,000 DASNY 

Seante Allocation Plan #I Total: 217,900,000

Chapter 53, Laws of 2008, Page 885, Llrzes 34-42 

New York State Economic Development Assistance Program 

Project Notification Form 

Proiect Name: 

Hyatt Regency Hotel, Buffalo 

Amount: $1,700,000 

Proiect Description: 

State Administrative Entity: ESDC 

This funding will be utilized to rehabilitate and improve the Hyatt Hotel Facility, including upgrading its 

convention hall facility. The ~ ~ Hotel a is & one of the main venues for Statewide and national conventions 

located in the heart of the City of Buffalo. 

The City of Buffalo historically has been a destination for many convention participants. However, with many 

cities across the United States building new, multi-use facilities, the age and lack of certain amenities currently 

available at the Hyatt has had a negative economic impact in the City of Buffalo as it relates to the marketing 

and attracting of conventions. 

This infusion of State financial resources will allow the City of Buffalo to better attract conventions, which 

will result in a significant economic ripple effect for the City of Buffalo and the immediate Western New York 

economy, as well as create and retain jobs directly and indirectly based on this project. 

Recipient Organization: Huron & Pearl Hotel Corporation 

Address: Huron & Pearl Hotel Corporation 

6 Fountain Plaza 

Buffalo, New York 14202 

Phone: 716-332-4233 

Ext.: 

Additional Phone: 

Contact Person: Paul L. Snyder 

Chait.rllan

1 --.--.-------- 

2 Total ...............-.- 

11~~000~000 

-------------- 

-------------- 

3 -- 

4 Downstate Revitalization- 

. . 

The sum of $35,000,000 is herebv a~~ropri- 

-- ated for the downstate revitalization 

fund, asuthorized pursuant t o aha~ter 

of the laws of2008, and subiect to 

a plan submitted by thechairman of the 

-- 

New York state, urban develoDeloDment cor~oration 

and approved bv* director~£ 

the budqet. All or a portionofthe 

-- funds amriated herebv ma~ke~subal- 

---- 

located or transferred to anv departmerit, 

asencv, or ~ b l i authoritv c ......... L5,000,000 

17 r&sunlof $120,000.00~ herebv aDDr0- 

18 priated for the upstate resional blue: 

19 print fund, as authorizedursuant to a 

20 chapter of the lawsof2008. subiectto 

21 a plan submitted by thech- 

22 ~ a ~ r ~ a ~ d e v e l o ~ m e n _ t C O ~ 

23 - ration and approved- 

irector of 

24 -get. All ora~ortion of the 

2 5 funds appropriated her-mav be sukk 

2 6 located or transferred to anv depart- 

27 ment, asencv. or public aathoritv ........ 120.000.000 

28 upstate Auricultural ~conomic Develo~ment~ulld~ 

The sum of $40,000,000 ishereby a~~ro~riatedeconomic 

development fund. as authorized 

pursuant to a chapter of the laws of 

2008, subiect to a plan submittedbvthe 

--- 

chairman of the uDstate empire state 

-ultation 

with the commissioner of the department 

of asriculture and marketsbv 

the director of the budset. All or a 

portion of the funds appropriated here* 

may be subalocated or transferred to 

anv -department. auency. or ~ublic 

40.000.000 

-- 

author- .................................. 

43 wtate Citv-bv-Citv Projects 

44 The sum of $30.000.000isherebvi~ 

45 ated for uEstate citv-bvx- wroiects 

46 subiect to a ~lan submitted bv thechair- 

47 m ~ o the f upstate empire statedeveloDz

1 mentcomoration and aooroved bv the 

2 director of the buduet. All or a portion 

3 of the funds appropriated herebv mav be 

4 s u b a l l o c a r e d _ o anv depart - 

5 ment, aqencv, or oublic authoritv ........... 30,000,000 

6 ~ v e l o ~ m e Proiects n t 

~h-of,ns- 

-- ated for New York city watgrfront develoomerit 

~roiects. includiw~t not limited 

to those listed in the schedule below. 

subject to a plan submitted bv the chairman 

of the New York state urban develz 

mt coruoration and ap- the 

-ofthe 

All or a oortion 

of the funds a~~ro~riated herein mav be 

suballocated or t r a n s f e r r e m a r t - 

ment, aqencv or ~ublic authoritv ............ 30.000.000 

PROJECT 

AMOUNT 

--.---.----.-------------.--------.------.-- 

Governor'and 

Budsonu. 20,000.000 

--..-..-..---- 

~ ~ , 0 0 0 . 0 0 0 

-------------- 

Luther Forest Infra- 

For services and expenses of Luther Forest 

Tecbno1ouv Cam~us Economic Development 

D 

develoDment expenses. All or a portion of 

the funds a~oropriated herebv mav be 

s u b a l l o p 

ment. aqencv. or public authoritv ........... 45,000,000 

-K STATE ECONOMIC DEVELOPMENT ASSISTANCE PROGRAM 

* 

The sum of $350,000,000 is herebv 'aDDr0- 

priated fo- 

State Economic 

oara am. as 

authorized oursu-of the 

laws of 2008. All or a portion af the 

f u n d s a v be suballocated 

or transferred to any deoart- 

ment, aqenw, or Dublic author it^. .. . . . . . -0.00.0 

43 NEW YORK STATE CAPITAL ASSISTANCE PROGRAM 

44 The sun of $350,000,000 is hereby appro- 

4 5 priated for theNew York State Capital 

46 Assistance P r o m as authorized pursu-

1 ant to a cha~ter of the laws of 2008, 

2 All or a portion of the funds mav2 

3 suballocated or transferred to any 

4 de~artment, aaencv or public authoritv ... 350,000,000 

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-do~ahaa aywouo3a aaP2S ylox MaN aq2 paqsrIqs~sa dqaxaq sy aaaq& '5 9

SHELDON SILVER 

Speaker 

THE ASSEMBLY 


ALBANY 

Room 932 

Legi~iative OHice Building 

Albany. New York 12248 

(518) 455-3791 

May 9,2008 

Ms. Laura Anglin 

Director 

Division of the Budget 

Room 11 3, State Capitol 

Albany, NY 12224 

Dear Ms. Anglin: 

Attached is a plan listing economic development capital grants proposed by the 

Assembly pursuant to Chapter 53 and Chapter 57 of the Laws of 2008 establishing the New 

York State Capital Assistance Program (NYSCAP). 

The plan includes an itemized listing of grantees, including the grantee name and 

the amount of funding for each project. Additional supporting materials have been 

attached. If you have any questions,. please contact Lonnie Threatte at the Ways and 

Means Committee at 4554026. 

Thank you. 

Sincerely, 

Attachment 

Sheldon Silver 

Speaker

New York State Capital Assistance Program (NYSCAP) 

Capital projects submitted pursuant to Chapter 53 and Chapter 57 of the laws of 2008. 

Hancock Air Park

New Settlement Houses 

New York University includina the College I 1 

of Nursing and the Brain lmaging and - 

Clinical Translational Science lnstitute 

(GTSI) Proiect 

Niagara Falls International Airport 

New Settlement Apartments 

New York University 

Niagara Frontier Transportation Authority 

$1,000,000 

$10,000,000 

$1,000,000 

1 1 

/Onondaga County Interoperable 10nondaga County Department of ~mer~enc~ 

Communications Communications $1,000,000~ 

l~ueens Museum of Art 

l~ueens Museum of Art 

Queens Public Library 

Queens Borough Public Library 

Rochester Institute of Technoloov- -. Institute 1 

for Sustainability 

Rochester Institute of Technology 

Snug Harbor Cultural Center 

Southeast Works 

South Saiina Street 

- 

South West Yonkers Community Center 

St. Francis College - Eileen Dugan Life 

Science Center 

Snug Harbor Cultural Center 

Southeast Works 

Metropolitan Development Foundation 

City of Yonkers: Department of Parks, 

Recreation & Conservation 

St, Francis college 

I 

$6,000,000 

$2,000,000 

$500,000 

$300,000 

$3,000,000 

$1 50,000 

(staten Island Community Center (staten Island Community Center 1 %d.000.000/ 

Staten Island Institute for Basic Research 

Staten Island Mental Health Society 

Suffolk County Incubators in Economically 

Distressed Communities 

Institute for Basic Research in 

Develo mental Disabilities 

Staten Island Mental Health Society 

Suffoik County 

I 

SUNY ~ lban~ - High Technology Workforce The Research Foundation of the State 

Development University of New York $7.500.000 

- 

SUNY Binghamton -Center of Excellence 

SUNY Binghamton 

$2,000,000 

-..---.--- 

$500,000 

$2,000,000 

$1,500.000 

$15,000,000 

SUNY Fredonia- Incubator 

SUNY Morrisville - Equine Physiology and 

Rehabilitation Center 

SUNY Ulica- Rome High TechnologY 

Workforce Development 

State University Construction Fund 

Morrisvil,e College Foundation 

SUNY Institute of Technology 

$1,000,000 

$7,000,000 

The Solar Energy Consortium 

The Solar Energy Consortium $750,000 

I 

I 

Town of Chili 

Town of Chili 

$6,000,000 

Town of Haverstraw ITOW" of Haverstraw

Town of Orangetown 

Roscoe-Rockland Fire District 

onservation Societ 

City of Yonkers Department of Planning & 

Yonkers High Tech Incubator 

Development $500.000 

. 

Total 

$243,125,000

2008-09 New York State Capital Assistance Program 

Information necessary for Capital projects authorized pursuant to Chapter 53 of the Laws of 

2008 pp. 885-886 

Proiect Name: 

Amount: 

Buffalo Downtown Convention Center - Grand Hyatt Hotel 

$1,700,000 

Proiect Description: 

The Hyatt is the only full service convention center hotel in the central business district 

of Buffalo. The presence of a hotel near a downtown convention center is essential to 

help the city of Buffalo to attract convention business. Funding would be provided to 

make interior improvements and renovations to the Grand Hyatt hotel. 

Recipient Or~anization: 

Address: 

First Snyder Corporation- 

Six Fountain Plaza 

Buffalo, NY 14202 

Contact Person(s): 

Paul Snyder, Chairman 

Phone Number: 

(716) 332-4233 

Administrative Entitv: 

Dormitory Authority of the State of New York

Capital Proiects Fund 

Investment OD- 

Fund 

-- The sum of $50,000,000 is herebv ap~ro~riated 

for the investment o~portunitv 

fund, as authorized pursuant to a chapter 

of the laws of 2 0 0 8 , m l c 

development and academic research and 

develo~ment~roiects. sub- to a plan 

submitted by the chairman of the New 

--- York state urban development corporation 

in-f* 

upstate empire state development and 

ap~roved bv the directoufthebudset. 

Eliqihle ~roiects shall include, but not 

be limited to up-tamillion for 

Maqna powertrain / New Process Gear 

located with& the county of Onondasa. 

All or a ort ti on ofthe funds appropriated 

herebv mav be s u b & 

transferred to amde~artment, agency, 

or public authority 50,000.000 

Arts and Cultural Projects 

....................... 

The sum of $30,000,000 is hereby a~~ropriated 

for the New York state arts and 

--- cultural cao-roxram, 

as 

autho-toter 

of the 

laws of 2008, to support the ~reserva- 

-- tion and expansion of cultural institutions 

in New York state, subapproved 

bv the director of the 

budaet . All or a portion of the fund% 

appropriated herebv mav be suballocated 

or transferred to any department. aqencv, 

or public authoritv ................... 30,000,000 

Economic and Com~Develo~ment ProiectS 

The sum of $35,000.000 is-ro~ri- 

-for the N-nomic and 

co unit as 

authorized pursualaws 

of 2 0 0 8 . u t o l a n approved 

e 

portion of the funds ap~ro~riated heyeby 

- mav be sub allocated or transferreanv 

department. aqencv, or publk 

-- a u t h e ................................. 35,000,000

For Davment to the Ausable Vallev School 

District ........................................ 83.m 

For 

School District ................................. 38. 220 

........ 5.684 

Q 

....... 108.192 

For a nt ......... 13. 720 

0 

District ........................................ 99.764 

For 

a en 

School District ................................ 188,356 

For ~avment to the Moriah School District ......... 41.944 

9 ....... 179.536 

-ake 

School 

District ......................................... 9.604 

....... 

For 63.896 

F or ~avment to the Tuv~er Lake Sc hool 

District ....................................... 200.704 

r 

e 

~istrict ........................................ 17.836 

For 

District ......................................... 2.940 

For ..... 158. 956 

For ~avment to the Harrisville School 

District ......................................... 2,940 

For 

a e a 

~avment to the Port Jervis School 

District ........................................ EdJQ 

-Fine 

School 

District ........................................ 45. 864 

8 

District ....................................... 127.988 

-ent 

to the Edwards-Knox School 

District ........................................ 12. 348 

....... 55. 076 

or a en ........ 197.372 

POT D a vm en t to the Tri.Vallev School 

pistrict ........................................ 35.476 

For a en 

District ........................................ 32.144 

8 

school District ................................. 68. 404 

For Davment to the 

District ........................................ 41. 478 

o p a vm en t to the Countv of Essex ............... 126.420 

............. 

............ 2LX2.5 

to the villaae of South Bloorninq 

........................................... rn 

~r 

For pavment to the Countv of Franklin 73.500 

par............. 21.756 

For ~avment to the villase of WOO~~UW 

-ent 

.............. 

51 A I D T O 

52 

FACILITIES .. 33.516. 000 

.............. 

PRWTEOOH RECYCLEOVAPER 

63

CHAPTER 55 OF THE 

LAWS OF 2008 

RELEVANT 2008-09 

N.Y.S. BUDGET 

EXCERPTS

NEW YORK STATE URBAN DEVELOPMENT CORPORATION 

STATE OPERATIONS AND AID TO LOCALITIES 2008-09 

1 For payment according to the following schedule: 

2 APPROPRIATIONS REAPPROPRIATIONS 

3 General Fund - State and Local ...... 47,633,000 423,563,000 

4 Capital Projects Funds .............. 20,000,000 2,991,783,000 

5 

................................ 

6 A11 Funds ......................... 67,633,000 3,415,346,000 

7 ---------------- ---------------- 

B 

AGENCY BUDGET SUUMAXY OF NEW APPROPRIATIONS 

Fund Type 

state 

Operations 

.......................... 

GF-St/Local 0 

Cap Proj 0 

.............. 

All Funds 0 

Aid to 

Capital 

Localities Projects Total 

.......................................... 

47,633,000 0 47,633,000 

0 20,000,000 20,000,000 

.......................................... 

47,633,000 20,000,000 67,633,000 

-------------- 

-------------- -------------= -------------- 

17 SCHEDULE 

................................ 

18 ECONOMIC DEVELOPMENT PROGRAM 47,633,000 

19 

.............. 

20 General Fund / Aid to Localities 

21 Local Assistance Account - 001 

For services and expenses related to the 

operation and administration of the urban 

development corporation. No funds shall be 

expended from this appropriation until the 

director of the budget has approved a 

spending plan submitted by the urban 

development corporation in such detail as 

the director of the budget may require. 

~ l or l a portion of the funds appropriated 

hereby may be suballocated or transferred 

to any department, agency, or 

public 

authority, including transfers to state 

operations appropriation ..................... 2,518,000 

For services and expenses of the empire 

state economic development fund ............. 18,970,000 

For services and expenses of the minority 

and women-owned business development and 

lending program ................................ 635,000 

For services and expenses consistent with 

the federal community development financial 

inntitutions program (12 U.S.C. 4701 

et seq.), up to $1,000,000 shall be used



for program activities conducted by community 

development financial institutions in 

economically distressed and highly 

distressed areas ............................. 1,495,000 

For services and expenses of military base 

retention efforts .............................. 980,000 

For services and expenses of contractual 

payments related to the retention of 

professional football in Western New York .... 2,940,000 

For services and expenses related to the 

operation of the centers of excellence 

pursuant to a plan approved by the director 

of the budget. All or portions of the 

funds appropriated hereby may be suballocated 

or transferred to any department, 

agency, or public authority .................. 6,934,000 

PROJECT 


AMOUNT 

............................................ 

For services and expenses 

related to the operation of 

the Buffalo center of excellence 

in bioinfonnatics and 

life sciences .................. 1,155,666 



the Greater Rochester center 

of excellence in photonics 

and microsystems ............... 1,155,666 



the Syracuse , center of 

excellence in environmental 

and energy systems ............. 1,155,666 



the Albany center of excellence 

in nanoelectronics ....... 1,155,666 



the Stony Brook center of 

excellence in wireless and 

information technology ......... 1,155,666 



the Binghamton Center of 

Excellence in small scale 

systems integration and 

packaging ..................... 1,155,666 

PRINTED ON RECYCLED PAPER 

63



1 Total ........................ 6,934,000 

2 -------------- 

3 For services and expenses oE the university 

4 at Buffalo's Krabbe disease research 

5 institute ...................................... 980,000 

6 For services and expenses related to the 

7 university at Albany's institute for 

8 nanoelectronics discovery and exploration 

9 (INDEX) ........................................ 980,000 

0 For services and expenses of the entrepre- 

1 neurial assistance program ..................... 490,000 

2 For additional services and expenses of the 

3 entrepreneurial assistance program for all 

4 desiunated centers. Notwithstandina anv 

- - - 

5 inconsistent provision of law, the direc- 

6 tor of the budget shall suballocate the 

7 full amount of this appropriation to the 

8 department of economic development ........... 1,274,000 

9 For services and expenses of the urban and 

0 community development program in econom- 

1 ically distressed areas ...................... 3,404,000 

2 For services and expenses of: 

3 Bronx Business Alliance .......................... 153,000 

4 Canisius College Women's Business Center .......... 50,000 

5 Jamaica Chamber of Commerce ....................... 50,000 

6 Metropolitan Development Association - 

7 Vision 2010 ..................................... 95,000 

8 New York Indoor Environmental Quality Center ..... 125,000 

9 Queens Chamber of Commerce ....................... 100,000 

0 Queens Minority and Women's Business Center ...... 150,000 

1 Watervliet Arsenal ............................... 210,000 

2 The promotion and marketing of property 

3 surrounding the Niagara Falls Interna- 

4 tional Airport ................................. 100,000 

5 For services and expenses of the MDA CNY 

6 Essential Initiative ........................... 400,000 

7 For services and expenses of the MDA Commu- 

8 nity Events Fund ............................... 200,000 

9 For the Syracuse Chamber Revolving Loan Fund ..... 400,000 

0 For services and expenses of Griffiss 

1 airforce base redevelopment .................. 1,400,000 

2 For services and expenses related to infras- 

3 tructure and other improvements at Platts- 

4 burgh air force base ......................... 1,000,000 

5 For services and expenses related to infras- 

6 tructure and other improvements at the 

7 Seneca army depot ............................ 1,000,000 

8 For services and expenses related to Niagara 

9 Falls airport redevelopment .................... 100,000 

0 For services and expenses related to the

814 1280~-12.~ 



1 upstate tooling and contract manufacturing 

2 cluster ........................................ 250,000 

3 For services and expenses related to the New 

4 York Industrial Retention Network 250,000 

5 

.............. 

.............. 

6 Total new appropriations for state operations and aid to 

7 localities .............................................. 47,633,000 

8 ============== 

9 Maintenance Undistributed 

10 For services and expenses or for contracts 

11 with municipalities and/or private not- 

12 for-profit agencies for the amounts herein 

13 provided: 

14 General Fund / Aid to Localities 

15 Community Projects Fund - 007 

16 Account CC 

Brooklyn Alliance - 

Brooklyn Chamber of 

Commerce ....................................... 650,000 

Buffalo Niagara International Trade Foundation 

........................................... 150,000 

Buffalo Niagara Partnership ....................... 45,000 

Capital Region Local Organizing Committee 

(LOC), Inc. ..................................... 50,000 

Chinatown Manpower Project Inc. .................. 166,000 

Garment Industry Development Center .............. 750,000 

Jamaica Chamber of Commerce, Inc. ................. 65,000 

Lower East Side Business Improvement 

District ........................................ 80,000 

Metropolitan Development Association of 

Syracuse & CNY, Inc. ........................... 125,000 

Northern Manhattan Coalition for Economic 

Development, Inc ................................ 70,000 

Rochester Procurement Technical Assistance 

Center ......................................... 100,000 

Syracuse Metronet, Inc ............................ 45,000 

Syracuse University Law School Technology & 

Commercialization Law Program .................. 125,000


STATE OPERATIONS AND AID TO LOCALITIES - REAPPROPRIATIONS 2008-09 

ECONOMIC DEVELOPMENT PROGRAM 

General Fund / Aid to Localities 

Local Assistance Account - 001 

By chapter 55, section 1, of the laws of 2007: 

For services and expenses of the empire state economic development 

fund ... 40,000,000 .............................. (re. $40,000,000) 

For services and expenses of the minority and women-owned business 

development and lending program ... 1,948,000 ..... (re. $1,948,000) 

For services and expenses consistent with the federal community development 

financial institutions program (12 U.S.C. 4701 et seq.), up 

to $1,000,000 shall be used for program activities conducted by 

community development financial institutions in economically 

distressed and highly distressed areas ............................. 

1,525,000 ......................................... (re. $1,525,000) 

For services and expenses of military base retention efforts ......... 

1,000,000 ......................................... (re. $1,000,000) 

For services and expenses related to the operations and administration 

of the urban development corporation. No funds shall be expended 

from this appropriation until the director of the budget has 

approved a spending plan submitted by the urban development corporation 

in such detail as the director of the budget may require ... 

2,600,000 ......................................... (re. $2,600,000) 

For services and expenses related to the operation of the centers of 

excellence pursuant to a plan approved by the director of the budget. 

All or portions of the funds appropriated hereby may be suballocated 

or transferred to any department, agency, or public authority 

... 7,075,000 ..................................... (re. $7,075,000) 

PROJECT 


AMOUNT 

............................................ 

(thousands) 




in bioinformatics and 

life sciences .................. 1,179,166 





and microsystems ............... 1,179,166 



the Syracuse center of 


and energy systems ............. 1,179,166 



the Albany center of excel- 

@PRlHTEDOU 

RECYCLED WER

817 12805-12-8 



For services and expenses related to infrastructure development at 

Stewart International Airport ... 100,000 ........... (re. $100,000) 

For services and expenses related to the New York Industrial Retention 

Network ... 250.000 ................................. (re. $250,000) 

For services and expenses of Luther Forest Technology Campus Economic 

Development Corporation ... 1,000,000 ............. (re. $1,000,000) 

For additional services and expenses of the entrepreneurial assistance 

Program for all designated centers. Notwithstanding any inconsistent 

provision Of law. the director of the budget shall suballocate the 

full amount of this appropriation to the department of economic 

development ... 1,300,000 ......................... (re. $1,300,000) 

For services and expenses of: 

Metropolitan Development Association - Grants for Growth ............. 

1,000,000 ......................................... (re. $1,000,000) 

Bronx Business Alliance ... 153,000 ................... (re. $153,000) 

Brooklyn Chamber of Commerce ... 650,000 .............. (re. $650,000) 

DaVinci Project ... 45,000 ............................. (re. $45,000) 

Jamaica Chamber of Commerce ... 115,000 ............... (re. $115,000) 

Garment Industry Development Center ... 750,000 ....... (re. $750,000) 

Watervliet Arsenal ... 210,000 ........................ (re. $210,000) 

Metropolitan Development Association-Indoor Environmental 

Quality 

Center ... 250,000 .................................. (re. $250,000) 

Queens Minority and Women's Business Center .......................... 

150,000 ............................................. (re. $150,000) 

CAPITAL REGION LOC, Inc. ... 50,000 .................... (re. $50,000) 

Metropolitan Development Association-Vision 2010 ..................... 

95,000 ............................................... (re. $95,000) 

Upstate High Technology Assistance Program ... 89,000 .. (re. $89.000) 

Canisius College Women's Business Center ... 50,000 .... (re. $50,000) 

World Trade Center Buffalo Niagara ... 150,000 ........ (re. $150,000) 

Syracuse University Technology & Commercialization Law Program ....... 

125,000 ............................................. (re. $125,000) 

Queens Chamber of Commerce ... 100,000 ................ (re. $100.000) 

Buffalo Niagara Partnership Workforce Development Program ............ 

45,000 ............................................... (re. $45,000) 

Progress Rochester ... 300,000 ........................ (re. $300,000) 


For services and expenses of the jobs now program .................... 

32,134,000 ....................................... (re. $32,134,000) 

For services and expenses of the urban and community development 

program in economically distressed areas ........................... 

3,473,000 ......................................... (re. $3,473,000) 


1,000,000 ......................................... (re. $1,000,000) 

For services and expenses of infrastructure and other improvements 

associated with cooperative state/federal efforts at the Seneca army 

depot ... 900,000 ................................... (re. $900,000) 

For services and expenses of Niagara County related to infrastructure 

and other improvements associated with cooperative state/federal 

efforts for the Niagara Falls air force base redevelopment ......... 

100,000 ............................................. (re. $100,000)




American-Axle Tonawanda Forge ... 1,000,000 (re. $1,000,000) 

......... 

Garment Industry Development Center ... 750,000 ....... (re. $750,000) 

Brooklyn Chamber of Commerce ... 650,000 .............. (re. $650,000) 

Watervliet Arsenal ... 210,000 ........................ (re. $210,000) 

Metropolitan Development ~ssociation-Indoor Environmental Quality 

Center ... 250,000 .................................... (re. $250,000) 

~ronx Business Alliance ... 153,000 ................... (re. $153,000) 

New York Industrial Retention Network ... 250,000 ..... (re. $250,000) 

Queens Minority and Women's Business Center .......................... 

150,000 ........................................... (re. $l50,000) 


Entrepreneurial Assistance Program ... 500,000 ........ (re. $500.000) 

DaVinci Project ... 45,000 ............................. (re. $45,000) 

Jamaica Chamber of Commerce ... 115,000 ............... (re. $115,000) 

For services and expenses related to the operation of the centers of 

excellence pursuant to a plan approved by the director of the budget. 

All or portions of the funds appropriated hereby may be suballocated 

or transferred to any department, agency, or public authority 

... 7,075,000 ..................................... (re. $7,075,000) 


PROJECT 

AMOUNT 

............................................ 

(thousands) 





life sciences ................... 1,415,000 





and microsystems ................ 1,415,000 





and energy systems .............. 1,415,000 



the Albany center of excellence 

in nanoelectronics ........ 1,415,000 



the Stony Brook center of 


information technology 1,415,000 

.......... 

.............. 

Total ......................... 7,075,000 

..............


STATE OPEBATIONS AND AID TO LOCALITIES - REAPPROPRIATIONS 2008-09 

For services and expenses of the university at Buffalo's Krabbe 

disease research institute ... 1,000,000 .......... (re. $1,000,000) 

For services and expenses related to the university at Albany's institute 

for nanoelectronics discovery and exploration (INDEX) ......... 

l,OOO,OOO ......................................... (re. $1,000,000) 

For services and expenses related to the training of manufacturers and 

their employees in programs and processes critical to global competitiveness 

sponsored by the chief executives network for manufacturing 

... 500,000 ..................................... (re. $500,000) 

For services and expenses related to the upstate tooling and contract 

manufacturing cluster ... 250,000 ................... (re. $250,000) 

For services and expenses related to the Long Island Hispanic Chamber 

of Commerce ... 500,000 ............................. (re. $500,000) 

For services and expenses of the SITE'S Available - 

NY program to 

provide economic development grants for site development and preparation 

costs including, but not limited to access road construction, 

water and sewer extension, storm water and drainage mitigation, 

vibration mitigation, fiber optic installation, power and gas line 

extension, environmental impact study expenses, brownfield remediation, 

and design and engineering costs pursuant to a plan developed 

by the director of the budget in consultation with the temporary 

president of the senate. Funds appropriated herein may be suballocated 

to any department, agency or public authority ................ 

1,875,000 ......................................... (re. $1,875,000) 

For services and expenses related to the county enhancement to the 

Essential Net York Initiative to be distributed on a per capita 

basis to each of the twelve counties in the program central New York 

service region ... 1,000,000 ...................... (re. $1,000,000) 

For services and expenses related to the Emerging Industries Alliance 

... 650,000 .................................... (re. $650,000) 

For services and expenses related to the Rochester Area Colleges Math 

and Science Hub ... 500,000 ......................... Ire. $500,000) 

For services and expenses related to the Catholic Family Center information 

technology infrastructure project ........................... 

250,000 ............................................ (re. $148,000) 

For services and expenses of the Excel1 Partners ..................... 

750,000 ............................................. (re. $750.000) 

For services and expenses of the operation of the Advanced Biotechnologies 

Center ... 750,000 (re. $750,000) 

............................ 

For services and expenses of the operation of the Genesis Center of 

Excellence for Genomics ... 750,000 ................. (re. $750,000) 

For services and expenses of economic development initiatives ........ 

750,000 ............................................. (re. $750,000) 

By chapter 55, section 1. of the laws of 2006, as added by chapter 108, 

section 5, of the laws of 2006: 


fund ... 32,278,000 .............................. (re. $32,278,000) 

For services and expenses of Griffiss air force base redevelopment ... 

1,400,000 ......................................... (re. $1,400,000) 

For services and expenses of Niagara Falls air force base ............ 

100,000 ............................................. (re. $100,000)



For infrastructure and other improvements at Plattsburgh air force 

base ... 1,400,000 ................................ (re. $1,400,000) 

For services and expenses of the Seneca army depot local redevelopment 

authority ... 100.000 ............................... (re. $100.000) 


development and lending program ... 648,000 ......... (re. $648,000) 

For services and expenses consistent with the federal community development 

financial institutions program (12 U.S.C. 4701 et seq.), up 

to $1,000,000 shall be used for program activities conducted by 

community development financial institutions in economically 

distressed and highly distressed areas ............................. 

1,525,000 ......................................... (re. $1,525,000) 

For services and expenses of the entrepreneurial assistance program 

for all designated centers. Notwithstanding any inconsistent 

provision of law, the director of the budget shall suballocate the 


... ......................... 

development 1,300,000 (re. $1,300,000) 

By chapter 55, section 1, of the laws of 2006, as amended by chapter 55, 


For services and expenses related to SUNY Institute of Technology - 

Site Planning and Development ... 4,000,000 ....... (re. $4,000,000) 

By chapter 55, section 1, of the laws of 2006, as amended by chapter 

108, section 5, of the laws of 2006: 

For services and expenses related to Three Rivers Development corporation 

... 200,000 .................................. (re. $200,000) 

By chapter 55. section 1. of the laws of 2005, as amended by chapter 62, 



32,134,000 ....................................... (re. $32,134,000) 


fund ... 32,278,000 ............................... (re. $1,384,000) 



3,473,000 ......................................... (re. $3,473,000) 

For services and expenses of the minority and, women-owned business 

development and lending program ... 648,000 ......... (re. $648,000) 

For services and expenses of the entrepreneurial assistance program 

for all designated centers. Notwithstanding any inconsistent 

provision of law, the director of the budget shall suballocate the 


development ... 1,300,000 ............................ (re. $60,000) 

For services and expenses of linked deposits of funds into federal and 

state-chartered credit unions in New York state to make small loans 

to minority and women-owned businesses ............................. 

525,000 ........................................ (re. $525,000) 

For services and expenses of the Seneca army depot local redevelopment 

authority ... 100,000 ............................... (re. $100,000) 

@PFU~T€DOM 

RECYCLED WPER




associated with cooperative state/federal efforts at the Seneca army 

depot ... 900,000 ................................... (re. $900,000) 


1,000,000 ........................................... (re. $458,000) 


American-Axle Tonawanda Forge ... 1,000,000 ......... (re. $1,000,000) 

Metropolitan Development Association Essential New York initiative ... 

2,000,000 ........................................... (re. $750,000) 

New York Industrial Retention Network ... 100,000 ...... (re. $50,000) 

For services and expenses related to the upstate tooling and contract 

manufacturing cluster ... 250,000 .................... (re. $12,000) 

For services and expenses of Griffiss air force base redevelopment ... 

1,400,000 ......................................... (re. $1,400,000) 

For services and expenses of Niagara Falls air force base ............ 

100,000 ............................................. (re. $100,000) 

For infrastructure and other improvements at Plattsburgh air force 

base ... 1,400,000 ................................ (re. $1,400,000) 

For services and expenses of Niagara County related to infrastructure 

and other improvements associated with cooperative state/federal 

efforts for the Niagara Falls air force base redevelopment ... 

100,000 ............................................. (re. $100,0001 

For services and expenses related to the training of manufacturers and 

their employees in programs and processes critical to global competitiveness 

sponsored by the chief executives network for manufacturing 

... 500,000 ..................................... (re. $500,000) 

For services and expenses related to the Rochester corporate training 

initiative ... 300,000 .............................. (re. $300,000) 



32,134,000 ....................................... (re. $25,234,000) 


fund ... 32,278,000 .............................. (re. $10,702,000) 



3,473,000 .......................................... (re. $2,596,000) 




associated with cooperative state/federal efforts at Rome laboratory 

on the Griffiss air force base, Plattsburgh, the Seneca army depot 

and other areas ... 3,000,000 ....................... (re. $200,000) 


1,000,000 ........................................... (re. $166,000) 



For services and expenses of the following economic development 

purposes, in accordance with chapter 174 of the laws of 1968. No 

moneys of the state in the state treasury or any of its funds shall 

be available for payments pursuant to this appropriation. Funding 

PRINTEDON RECYCLED I*IP€R 

63

822 12805-1~.~ 


STATE OPERATIONS AND AID TO LOCALITIES - REAPPROPRIATIONS 2008-o9 

for the economic development purposes delineated in this appropriation 

shall be provided from urban development corporation corporate 

funds or from the proceeds of bonds or notes issued in accordance 

with section 5 of chapter 174 of the laws of 1968 authorizing the 

issuance of corporate purpose bonds and notes ............ .......... 

PROJECT 

75,358,000 ....................................... (re. $75,358,000) 


AMOUNT 

.......................................... 

For services and expenses of 

the minority and women-owned 

business development and 

lending program ............ 3,473,000 


infrastructure and other improvements 

associated with 

cooperative state/federal 

efforts at Rome laboratory 

on the Griffiss air force 

base, Plattsburgh, the Seneca 

army depot and other 

areas ...................... 3,000,000 


the jobs now program ....... 32,134,000 


the empire state economic 

development fund ........... 32,278,000 


the urban and community 

development program in 

economically distressed 

areas ...................... 3,473,000 

FIr services and expenses of 

military base retention 

efforts .................... 1,000,000 

.............. 

Total .................... 75,358,000 

-------------- 



19,642,000 ....................................... (re. $19,642,000) 



2,829,000 ......................................... (re. $2,829,000) 



The appropriation made by chapter 382, part A, section 1, of the laws of 

2001, is hereby amended and reappropriated to read: 

@ PRINTEDON RECYCLED PAPER

1 ECONOMIC DEVELOPMENT (CCP) 

830 12805.1~.~ 



2 Miscellaneous Capital Projects Fund - 387 

3 New York Racing Account 


For services and expenses relating to payments for capital works or 

purposes. including. but not limited to, payments to the New york 

racing association for the purpose of acquisition of clear title to 

the Aqueduct, Belmont and Saratoga racetracks and related real prop. 

erty pursuant to an order of the United States bankruptcy court for 

the southern district of New York approving a plan of reorganization 

of 

the New York racing association, as authorized pursuant to a 

chapter of the laws of 2008. These funds may be suballocated or 

transferred to any department, agency, or public authority 

(9lQA0809) ... 105,000,000 ...................... (re. $105,000,000) 

For services and expenses related to payments for capital works or 

purposes, including, but not limited to, costs for the design, 

acquisition, construction and equipment of such structures as may be 

necessary to properly house video lottery terminal gaming at Aqueduct 

racetrack including, but not limited to, the costs of property 

acquisition, studies, appraisals, surveys, testing, environmental 

impact statements, infrastructure, facility design, construction and 

equipment, cost of leasing space, professional fees and costs of 

issuance, as authorized pursuant to a chapter of the laws of 2008. 

These funds may be suballocated or transferred to any department, 

agency, or public authority (91AQ0809) ............................. 

250,000,000 ..................................... (re. $250,000,000) 

27 Capital Projects Fund 

28 Economic Development Purpose 


For services and expenses of the Roosevelt Island Operating Corporation 

related to the modernization of the aerial tramway .......... 

15,000,000 ....................................... (re. $15,000,000) 

For services and expenses of critical maintenance and improvement 

projects on Governor's Island ... 20,000,000 ..... (re. $20,000,000) 

For services and expenses of redevelopment initiatives at the Harriman 

Research and Technology Park ... 7,500,000 ........ (re. $7,465,000) 

For services and expenses of USA Niagara ............................. 

7,950,000 ......................................... (re. $7,950,000) 

39 The appropriation made by chapter 259, section 2, of the laws of 2007, 

40 is hereby amended and reappropriated to read: 

41 [The sum of three hundred million dollars ($300,000,000) is hereby 

42 appropriated for] For costs associated with the development and/or 

43 expansion of an international computer chip research and development 

44 center, including but not limited to the construction and reno- 

45 vation, purchase and installation of equipment, or other state costs 

PRINTEDON RECYCLED MPER 

63



required pursuant to a plan submitted by the chair of the New York 

state urban development corporation and approved by the director of 

the budget. All or a portion of the funds appropriated hereby may be 

suballocated or transferred to any department, agency, or public 

authority ... 300.000.000 ....................... (re. $300,000,000) 

BY chapter 55. section 1, of the laws of 2006: 

For services and expenses related to infrastructure improvements 

required to enable the construction of a new stadium in Queens County, 

as authorized pursuant to chapter 161 of the laws of 2005 

(91000607) ... 74,700,000 ........................ (re. $44,700,000) 


required to construct a new parking facility at a new stadium in the 

Bronx County, as authorized pursuant to chapter 161 of the laws of 

2005 (91010607) ... 74,700,000 ................... (re. $74,700,000) 

Regional Development Purpose 



For economic development projects which will facilitate the creation 

and retention of jobs or increase business activity within downtown 

Buffalo, the Buffalo inner harbor area, or surrounding environs. 

Notwithstanding any other provision of law to the contrary, such 

projects shall be determined pursuant to a memorandum of understanding 

to be executed by the governor, the temporary president of the 

senate and the speaker of the assembly. The funds appropriated hereby 

may be suballocated to any department, agency or public authority. 

Eligible project(s) shall include, but not be limited to Hauptman-Woodward 

Medical Research Institute; Buffalo Medical Campus; 

University of Buffalo - Center of Excellence in Bioinformatics; 

Roswell Park Cancer Institute Corporation; and other projacts relating 

to historic preservation, cultural facilities and transportation 

projects (91ADOOA3) ... 50,000,000 ............... (re. $41,450,000) 

REGIONAL DEVELOPMENT 

Capital Projects Fund 

Economic Development/Other Projects 



The sum of $269,500,000 is hereby appropriated for economic development 

projects including but not limited to those listed in the schedule 

below, subject to a plan submitted by the chairman of the New 

York state urban development corporation and approved by the director 

of the budget. All or a portion of the funds appropriated hereby 

may be suballocated or transferred to any department, agency, or 

public authority (91010613) ... 269,500,000 ..... (re. $212,008,000)

PROJECT 

832 12805-1~.8 




AMOUNT 

............................................ 

Albany Convention Center ....... 75,000,000 

Canal Corporation - new 

initiatives .................. 10,000,000 

Hudson River Park .............. 11,000,000 

Rivers and Estuaries Center .... 25,000,000 

Historic Hudson Valley ......... 5,000,000 

Plattsburqh International 

Airport ...................... 5,000,000 

Plattsburgh Aeronautical Institute 

...................... 1,200,000 

Governor's Island ............... 22.500.000 

Department of Environmental 

Conservation Fish Hatcheries 3,000,000 

Roswell Park Cancer Institute .. 18,000,000 

Lower Manhattan Energy Independence 

Initiative .............. 25,000,000 

Atlantic Yards Railway Redevelopment 

........................ 34,000,000 

Delphi Harrison ................. 25,000,000 

Other.. ......................... 9,800,000 

.............. 

Total ........................ 269,500,000 

-------------- 

27 University Development Projects 



The sum of $201,500,000 is hereby appropriated for univereity development 

projects including but not limited to those listed in the schedule 


York state urban development corporation and approved by the director 

of the budget. All or a portion of the funds appropriated hereby 


public authority (91020613) ... 201,500,000 ..... (re. $197,444,000) 

PROJECT 


AMOUNT 

............................................ 

University at Buffalo -- 

Krabbe Disease Research ...... 6,000,000 

Columbia University - Nano 

Facility ..................... 10,000,000 

Columbia University - Cancer 

Center ....................... 12,000,000 

Fordham University ............. 10,000,000 

Syracuse Center of Excellence 10,000,000 

Energy Recovery Linac Project 

PRNTEO ON RECYCLED PAPER 

43

836 12805-12.~ 



Biotechnology ............... 

Fredonia Agricultural 

Experimental Station - Cornell 

University .................. 

Rochester Rhinos Soccer 

Stadium ..................... 

Canisius College - Interdisci- 

plinary Science Center ....... 

Buffalo Niagara Medical Campus 

Lower Manhattan 21st Century 

Communications ............... 

Lincoln Center ................. 

Buffalo State College - New 

Technology Building 

.......... 

Rochester and Buffalo Educational 

Opportunity Center 

Facilities ................... 

Advanced Energy Research and 

Technology Center on Long 

Island.... ................... 

Of the amounts appropriated 

herein $14,000,000 shall be 

made available to the Luther 

Forest Technology Campus 

infrastructure and 

$10,000,000 shall be made 

available to Bioscience 

Development Corporation, 

University at Albany ......... 

SUNY Fredonia - Science 

Center..... ................... 

The Putnam Community 

Foundation .................... 

Hudson Valley Domestic 

Preparedness, Response and 

Recovery Initiative ........... 

Center for Lithography 

Development ................... 

State University of New York 

at Fredonia-Science Center.... 

Westchester community College- 

Master Plan Projects .......... 

Bethel Woods Performing Arts 

Center ........................ 

TO Long Island Bus for the 

purchase of hybrid buses.. .... 

....... 

Suffolk Community College 

Queensborough Public Libra ry.... 


at New Paltz-Old Main 

Renovation .................... 

East River Bioscience Park......

838 


CAPITAL PROJECTS - REAPPROPRIATIQNS 2008-09 

letter of intent executed by the chairman of the New York 

urban development corporation and a semiconductor manufa 

(91070hA3) ... 500,000,000 ...................... (re. $500, 

The sum of $150,000,000 is herehy appropriated for research an 

opment activities of a semiconductor manufacturer pursu 

letter of intent executed by the chairman of the New Yor 

urban development corporation and a semiconductor manuf 

(910806A3) ... 150,000,000 ...................... (re. $150,00 

5 

a) PRINTED"! "ECYI LED PRPER

Capital Projects Fund 

840 

MISCELLANEOUS - - ALL STATE DEPARTMENTS AND AGENCI 

ALL STATE DEPARTMENTS AND AGENCIES 


ECONOMIC DEVELOPMENT PROGRAM (CCP) 

Economic Development Purpose 

By chapter 55, section 1, of the laws of 2005, as added by c 

section 4, of:the laws of 2005: 

The sum of $75,000,000 is hereby appropriated to the New- Y 

economic development program (CCP) out of any moneys in .. 

treasury in the generai fund to the credit of the capita 

fund, not otherwise appropriated, and made immediately 

for the purpose of economic development projects outside c 

a population of one million or more pursuant to a memora 

understanding to be executed by the governor, the tempora 

dent of the senate and the speaker of the assembly. All or 

of the funds appropriated hereby may,be suballocated 

to any department, agency, or public authority (DP000509) . 

75,000,000 ........................................ (re. $75, 


The sum of three hundred fifty million dollars ($350,000,000) 

much thereof as may be necessary, is hereby appropriated to 

York state economic development program (CCP) out of any mo 

the state treasury in the general fund to the credit of the c 

projects fund, not otherwise appropriated, and made ikedi 

available, for the purpose of economic development projects o 

cities with a population of one million or more pursuant to a 

randum of understanding to be executed by the governor, the 

rary president of the senate and the speaker of the assembly. 

a portion of the funds appropriated hereby may be suballocate 

transferred to any department, agency, or public auth 

(DPOl0409) ... 350,000,000 ...................... (re: $149,325, 

JACOB JAVITS CONVENTION CENTER (CCP) 



For services and expenses of the Jacob Javits Convention Center ex 

sion project, as authorized pursuant to chapter 3 of the laws 0 

20Q4. Any disbursements made pursuant to this appropriation shall 

reimbursed with the proceeds of byids authorized pursuant to chapt 

3 of the laws of 2004 to finance the Jacob Javits Convention Cent 

expansion project. All or a portion of the funds appropriated hereb 

may be suballocated or transferred to any department, agency, 0 

public authority (CC000509) ... 350,000,000 ..... (re. $350,000,000 

REGIONAL DEVELOPMENT (CCP) 

@PRiNTEn 

ON RECYCLED P A W

~ . 

.~ 

MEMORANDUM OF UNDERSTANDING 

THIS AGREEMENT, is entered into on, 

by and among Governor 

George E. Pataki, or his designee; Joseph L. Bruno, Temporary President and Majority 

Leader of the Senate, or his designee; and Sheldon Silver, Speaker of the Assembly, or 

his designee. 

WHEREAS, the Governor and Legislature have determined that investments in 

projects that encourage and foster viable commercial uses of technology, facilitate the 

creation and retention of jobs, increase business activity within a municipality or region 

of the State, or enhance educational opporturdy and quality of community life will 

provide public benefits to the State of New York and its citizens. 

WHEREAS, the Legislature has authorized the New York State Urban 

Development Corporation (d/b/a Empire State Development Corporation) andlor the 

Dormitory Authority of the State of New York to issue bonds or notes in an aggregate 

principal amount not to exceed $350 million for the New York State Economic 

. . - 

. . . . .. - . 

~ 

Development Program, as established pursuant to Section 29 of Chapter 3 of the Laws of 

2004. 

NOW THEREFORE, in consideration of the mutual covenants contained herein, 

the parties hereto agree as follows: 

1. No more than $166.66 million of the $350 million Economic Development Purpose 

appropriation authorized pursuant to Section 29 of Chapter 3 of the Laws of 2004 

shall be allocated to and available for economic development projects outside cities 

with a population of one million or more designated by the Governor, including up to 

$150 million for a cooperative nanotechnology initiative between the State of New

York, IBM, and Albany Nanotech; no more than $91.67 rnilliou of the $350 million 

Economic Development Purpose appropriation authorized pursuant to Section 29 of 

Chapter 3 of the Laws of 2004 shall be allocated to and available for economic 

development projects outside cities with apopulation of one million or more 

designated by the Temporary President and Majority Leader of the Senate; and no 

more than $91.67 million of the $350 million Economic Development Purpose 

appropriation authorized pursuant to Section 29 of Chapter 3 of the Laws of 2004 

shall be allocated to and available for economic development projects outside cities 

with a population of one million or more designated by the Speaker of the Assembly. 

2. In addition to any limitations contained within the appropriation or other provision of 

law, individual projects funded from such programs shall be for $250,000 or more, 

unless the party that submits a project proposal pursuant to section 3 of this 

agreement determines that the circumstances and merit of such project warrant a 

waiver of such minimum threshold. 

3. From time to time, projects may be proposed by the Governor, Temporary President 

and Majority Leader of the Senate, or the Speaker of the Assembly, or their respective 

designees, to be funded pursuant to the appropriation contained within Section 29 of 

Chapter 3 of the Laws of 2004. Such proposal shall specify: 1) a description of such 

project; 2) the amount of such project allocation; and, 3) the public authority which 

shall issue bonds to finance such project and which shall administer such funds. 

Within two business,.$ays of receipt of any such project proposal[s), the Director of 

the Budget shall sub@ to each of the parties to this Memorandum of Understanding, 

and their designees, project proposal(s) so advanced. Such project proposal(s) shall

e deemed approved unless, within ten business days of receipt of any such project 

proposal(s), either the Governor, Temporary President and Majority Leader of the 

Senate, or the Speaker of the Assembly notifies the Director of the Budget that such 

project proposal(s) shall be disapproved. 

4. In no event shall the total amount of allocations approved pursuant to this 

Memorandum of Understanding exceed $350,000,000. 

5. This agreement may be amended only by written agreement of all parties. 

r d 

This agreement is entered into on this 3 day of msy 

by: 

B$ JOHN F. CAPE 


Majority Leader of the Senate 

By MARY LOUISE W LICK 

Secretary of Senate Finance 

Speaker of the Assembly 

By DEAN FULEIHAN- 

Secretary of Ways and Means 

G:UOOS OmEC DEV, BNVIRON\IENREc. DoLMEhlORh'iDIM OFUNDERSTANmING_Upst3te $3SOM$175m_5-3- 

OS.doc



Art Park and Company ............ 2,500,000 

Landmark Theatre.... ............ 8,500,000 

Rochester Parking Garage ........ 8,000,000 

Hunts Point Cooperative 

Market ........................ Z,OOO,OOO 

Office of Court Administra- 

, ., 

tion-Court Officers Academy..,, 1,000,000 

Buffalo Mainstreet; ............. 8,000,000 

Hispanic Federation ............. 2,000,000 

Manhattan Youth 

Building ...................... 3,100,000 

Brooklyn Museum.,. .............. 7,500,000 

Boricua College .................. 2,000,000 

Schenectady Metroplex Redevelopment 

................... 2,000,000 

Channel 13 ...................... 1,250,000 

Educational Alliance. ............ 3,150,000 

Other prbjects to be determined 

pursuant to a plan to 

be developed by the director 

of the budget in consultation 

with the speaker of 

the assembly ................. 20,736,000 

Other projects to be 

determined pursuant to a 

plan to be developed by the 

director of the budget in 

consultation with the 

temporary president of the 

senate ....................... 57,650,000 

.............. 

Total ........................ 603,050,000 

-------------- 

c '. 

Community Revitalization Projects 



The Sum of $300,000,000 is hereby appropriated for the Restore New 

York Communities Initiative, however, that of such amount, no more 

than $50,000,000 shall be disbursed prior to April 1, 2007 and no 

more than $150,000,000 shall be disbursed prior: to April 1, 2008 

(911106A3) ... 300,000,000 ...................... (re. $299,975,000) 

High Technology Projects 

By chapter 55, section 1, of the laws of 2006, as added by chapter 108, 


The sum of $500,000,000 is hereby appropriated for costs associated 

with the development of a semiconductor manufacturing facility, 

including but not limited to the construction, purchase and installation 

of equipment, or other state costs required pursuant to a 

@) PRRllEO ON RECYCLED PAPER

818 


STATE OPERATIONS AND AID TO LOCALITIES - REAPPROPRIATIO 


American-Axle Tonawanda Forge ... 1,000,000 .......... (r 

Garment 1ndus.try Development Center ... 750,000 ........ 

Brooklyn Chamber of Commerce ... 650,000 ................ 

Watervliet Arsenal ... 210,000 ......................... 

Metropolitan Development Association-Indoor Environmenta 

Center ... 250,000 ..................................... 

Bronx Business Alliance ... 153,000 ................... ( 

New York Industrial Retention Network ... 250,000 ..... ( 

Queens Minority. and Women's Business Center ...... 

150,000 .......................................... 

For services and expenses pf: 

Entrepreneurial Assistance Program ... 500,000' .... 

DaVinci Project ... 45,000 ....................... 

Jamaica Chamber of Commerce ... 115,000 .......... 

For services and expenses related to the operati 

excellence pursuant to a plan approved by the director 

et. All or portions of the funds appropriated he 

cated or transferred to any department, agency, 

... 7,075,000 .................................. 

PROJECT 


AMOUNT 

............................................ 

(thousands) 





life sciences ................... 1,415,000 

For. services and expenses 




and microsystems ................ 1,415,000 

For . serviees and expenses 




and energy systems .............. 1,415,000 



the Albany center of excel- 

lence- in nanoelectronics ........ 1,415,QOO 

.t 

For services ' and expenses : % 


the Stony Brook' center of 


information technology ......... .1,415,000 

.............. 

.Total ......................... 7,075,000 

.............. 

@PRINTEDon 

REtYLLED PAPER

931 12805-12-8 




state urban development corporation and approved by the director of 



authority 300,000,000 ....................... (re. $300,000,000) 

... 

6 BY chapter 55, section I, of th8 laws of 2006: i .. 

For services and expenses related to infrastructure improvem+ts 

required to enable the construction of a new stadium in Queens Coun- 

ty, as authorized pursuant to chapter 161 of the laws of 2005 

(91000607) ... 74,700,000 ........................ (re. $44,700,000) 



Bronx County, as authorized pursuant to chapter 161 of the laws of 

... ................... 

2005 (91010607) 74,700,000 (re. $74,700,000) 

Regional Development Purpose 

y chapter 55, section 1, of the laws of 2000, as amended by chapter. 


For economic development projects which will facilitate the creation 

and retention of jobs or increase business activity within downtown 



projects shall be determined pursuant to a memorandum of understanding 

to be executed by the governor, the temporary president of the 

senate and the speaker of the assembly. The funds appropriated hereby 

may be suballocated to any department, agency or public authority. 

Eligible project(s) shall include, but not be limited to Hauptman-Woodward 


University of Buffalo - Center of Excellence in Bioinformatics; 

Roswell Park Cancer Institute Corporation: and other projects relating 

to historic preservation, cultural facilities and transportation 

projects (91ADOOA3) 50,000,000 (re. $41,450,000) 

IONAL DEVELOPMENT 

... ............... 

ital Projects Fund . . 

onomic Development/Other Projects 

ter 55, section 1, of the laws of 2006, as amended by chapter 

, section 5, of the laws of 2006: 

e sum of $269,500,000 is hereby appropriated for economic development 

projects including but not limited to those listed in the scheule 


ork state urban development corporation and approved by the director 

of the budget. All or a portion of the funds apljropriated hereby 


public authority (910106A3) 269,500,000 (re. $212,008,000) 

1 

... ..... 

@PRlNTEDON RECYC:lED PAVER

~ 

MEMORANDUM 

OF UNDERSTANDING 

FUNDS IN SUPPORT OF WESTERN NEW YORK ECONOMIC DEVELOPMENT 

PROJECTS WITHIN DOWNTOWN BUFFALO, THE BUFFALO INNER HARBOR OR 

SURROUNDING ENVIRONS 

The Governor of the State of New York, as represented by the Director of the Budget, the 

President Pro Tem and the Majority Leader of the Senate and the Speaker of the Assembly 

(hereinafter, collectively, the "Legislative Leaders"), represented by the Secretaries of the fiscal 

committees of their respective houses of the Legislature, enter into this Memorandum of 

Understanding for the following purpose: 

To agree upon the commitment of the remaining $44 million of the $50 million authorized 

pursuant to Chapters 62 and 684 of the Laws of 2003 for economic development projects within 

Downtown Buffalo, the Buffalo Inner Harbor area, or surrounding environs. 

Therefore, the Govemor and undersigned Legislative Leaders agree as follows: 

I. The Governor and the Legislature agree that $21 million of the $50 million appropriated 

shall be made available to the Bass Pro Shops in Downtown Buffalo; 

2. The Governor and the Legislature agree that $14.8 million of the $50 million 

appropriated shall be made available to the Buffalo Niagara Medical Campus; 

3. The Governor and the Legislature agree that $2.5 million of the $50 million appropriated 

shall be made available to Blue Cross/Blue Shield'HealthNow; 

4. The Governor and the Legislature agree that $3 million of the $50 million appropriated 

shall be made available to the Pierce Arrow Museum; 

5. The Governor and the Legislature agree that $1 million of the $50 million appropriated 

shall be made available to the Frank Lloyd Wright Boathouse; 

6. The Govemor and the Legislature agree that $1 million of the $50 million appropriated 

shall be made available to the Michigan Avenue Redevelopment; 

7. The Governor and the Legislature agree that $700,000 of the $50 million appropriated 

shall be made available to Shea's Theatre.

This agreement is entered into on thisqh day of fl my 

V 

By JOHN F. CAPE 


2006 by: 

/2 PL 

SILVER 

MELDON 

Speaker of the Assembly 

By DEAN FULEMAN 

Secretary of Ways and Means 

~resant Pro Tern and 

Majority Leader of the Senate 

By MARY LOUISE MALLICK 

Secretary of Senate Finance

..> 

832 

NEW YORK STATE URBAN DEVELOPMENT CORPORATION, 



PROJECT 

AMOUNT 

............................................ 

. . 

Albany Convention Center ....... 75,000,000 

Canal Corporation - new 

initiatives .................. 10,000,000 

Hudson River Park .............. 11,000,000 

Rivers and Estuaries Center .... 25,000,000 

Historic Hudson Valley ......... 5,000,000 

Plattsburgh Interpational 

Airport ...................... 5,000,000 

Plattsburgh Aeronautical In-, 

.:., 

stitute ...................... 1,200,000 

Governor's Island ............... 22,500,000 

Department of Environmental 

Conservation Fish Hatcheries 3,000,000 

Roswell Park Cancer Institute .. 18,000,000 

Lower Manhattan Energy Independence 

Initiative ..,........... 25,000,000 

Atlantic Yards Railway Redevelopment 

........................ 34,000,000 

Delphi Harrison .................. 25,000,000 

Other ........................... 9,800,000 

............... 

Total ........................ 269,500,000 

-------------- 

University Development Projects 

By chapter 55, 

section 1, of the law6 of 2006, as am 


The sum of $201,500,000 is hereby appropriated for universit 

ment projects including but not limitea to those listed in 

dule below, subject to a plan submitted by the chai 

York state urban development corporation and appro 

tor of the budget. All or a portion of the funds ap 

may be suballocated or transferred to any departm 

public authority (910206A3) ... 201,500,000 ..... (re. $197, 

PROJECT 


AMOUNT 

............................................ 

University at Buffalo - - 

Krabbe' Disease Research ...... 6,P00,000 

Columbia University - Nan0 

Facility ................... .: 10,0b0,000 

Columbia University - Cancer 

Center ....................... 12,000,000 

.-, ~ 

Fordham University ............. 10,000,000 

Syracuse Center of Excellence 10,000,000 

. 

Energy Recovery Linac Project 

...a;.. 

....... .





Experimental Station - Cornell 

University .................. 


Stadium ..................... 

Canisius College - Interdisciplinary 

Science Center ....... 

Buffalo Niagara Medical Campus 

Lower Manhattan 21st Century 

Communications ............... 

Lincoln Center .................. 

Buffalo State College - ~ e w 

Technology Building .......... 

Rochester and Buffalo Educational 

Opportunity Center 

Facilities..... .............. 


Technology Center on Long 

Island... .................... 





infrastructure and 

$10,000,000 shall be made 



University at Albany ......... 


Center 

The Putnam Community 

Foundation .................... 



........................ 

Recovery Initiative ........... 


Development ................... 


at Fredonia-Science Center.... 

Westchester Community College- 

Master Plan Projects .......... 


Center. ..... 

To Long Island Bus for the 

purchase of hybrid buses...... 

Suffolk Community College ....... 

Queensborough Public Libra ry.... 



.t ................ 

.................... 

..... 

Renovation 

East River Bioscience Park.




Experimental-Station - Cornell 

university .................. 


Stadium ..................... 

Canisius College - Interdisci-~ 

plinary Science Center.... ... 

Buffalo Niagara Medical Cainpus 

Lower Manhat tan 2~2s t Century 

Communications ................ 

Lincoln Center.. ......;......... 

Buffalo State College - -dw 

Technology Building ........... 

Rochester and Buffalo Educat. 

ional Opportunity Center 

Facilities..............:.... 


l'echnoloh Center on Long 

Island ...... < ................ 





infrastructure., and 

$101000,000 shall be made 



University at Albany 


.......... 

Center.. ...................... 

Foundation .................... 

The Putnim Community 



Recovery Initiative.. 


......... 

Development.; ................. 


at ~redohia-science Center.. .. 

Westchester Community. College- 

Master Plan Projects ..,....... 


Center., .:A !. ............... 

To Long Island Bus for the 

purchase, of hybrid buses.... .. 

~uffolk Community College ....... 

~ueenkborou~h Public Library.. .. 



Renovation .................... 

East River Bioscience Park ......

ECONOMIC DEVELOPMENT (CCP) 

830 



Miscellaneous Capital Projects Fund - 387 

. . 

New York Racing Account 

BY chapter 18, section 104, of the laws of 2008: 

racing association for the purpose of acquisition of clea 

the Aqueduct,' Belmont and Saratoga racetracks and related 

For services and expenses related to payments for capita 

purposes, . including, but not limited to, costs for 

acquisition, construction and equipment of such structure 

necessary to properly house video lotteryterminal gaming 

duct racetrack including, but not limited to,the costs 

equipment, cost of leasing space, professional fees 

issuance, as authorized pursuant to a chapter of the 1 

These funds may be suballocated or transferred to a 



For services and expenses of the Roosevelt Island operating C 

ration related to the modernization of the aerial tramway ...... 

15,000,000 ....................................... (re. $15,000, 

For services and expenses of critical maintenance and improve 

projects on Governor's Island ... 20,000,000 ... :. (re. $20,000, 

For services and expenses of redevelopment initiatives at the Harr 

For services and expenses of USA Niagara .......................... 

is hereby amended and reappropriated to read: 

appropriated for] For costs associated with the develop 

vation, purchase and installation of equipment, or other

831 12805-12-8 




state urba development corporation and approved by the director of 



authority ... 300.000,00@ ....................... (re. $300,000,000) 

BY chapter 55, section 1, of the'laws of 2006: 


required to enable the construction of a new stadium in Queens County, 

as authorized pursuant to chapter 161 of the laws of 2005 

(91000607) ... 74,700,000 ........................ (re. $44,700,000) 

For services aild expenses related to infrastructure improvements 


Bronx County, as authorized pursuant to chapter 161 of the laws or 

2005 (91010607) ... 74,700,000 ................... (re; $74,700,000) 

egional Development Purpose 

chapter 55, section 1, of the laws of 2000, as amended by chapter 


For economic development projects which will facilitate the creation' 

and retention of. jobs or increase business activity within downtown 



projects shall be determined pursuant to a memorandum of understand- 

'ng to be executed by the governor, the temporary president of the 

enate and the speaker of the assembly. The funds appropriated herey 

may be suballocated to any department, agency or public authoriy. 

Eligible projectts) shall include, but not be limited to Hauptan-Woodward 


iversity of Buffalo - Center of Excellence in Bioinformatics; 

swell Park Cancer Institute Corporation; and other projects relatg 

to historicpreservation, cultural facilities and transportation 

ojects (91ADOOA3) ... 50,000,000 ............... (re. $41,450,000) 

AL DEVELOPMENT 

T '. 

Projects Fund 

i~, 

Development/~ther Projects 

pter 55, section 1, of the laws of 2006, as amended by chapter 


um of $269,500,000 is hereby appropriated for economic developprojects 

including but not limited to those listed in the schebelow, 

subject to a plan submitted by the chairman of the New 

state urban development corporation and approved by the direc- 

'tor Of the budget. All or a portion of the funds appropriated hereby 


Public authority (910106A3) ... 269,500,000 ..... [re. $212,008,000) 

@$PB'N,LD~N 

R~~YCLEO PAPLR

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ...

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