Title 9 Part 6404

The purpose of this Part is to set forth the methods and procedures for implementing the Capital Initiative Program established under section 3.07 of the Arts and Cultural Affairs Law. Financial assistance shall be provided under the Capital Initiative Program for the improvement, expansion or rehabilitation of existing buildings for arts purposes. In addition, such modifications may increase or assure public access, may address known health or safety deficiencies, may provide for handicapped accessibility, or may address energy conservation measures or such other purposes which may reduce the organization's operating costs related to its building. Other substantive projects which are in keeping with the spirit and intent of the above-stated purposes may also receive financial assistance.

In carrying out the intent of the Capital Initiative Program, it is the stated policy of the council to promote cultural development in rural and minority communities. The council will effect this policy by giving particular attention to the capital needs of arts groups located in and serving these communities.

For the purposes of this Part:

In order for an application to be deemed complete and eligible for panel review, each applicant shall:

Each application for financial assistance shall be submitted to the council by the eligible organization. The procedures for submitting an application to the council are set forth in the program guidelines, which can be obtained by all applicants from the council. Requests for copies of the program guidelines should be sent to: New York State Council on the Arts, 915 Broadway, New York, NY 10010.

Any application for financial assistance for a project whose total cost equals or exceeds the sum of $300,000, which is deemed acceptable after preliminary review by the council, shall be submitted to the Dormitory Authority of the State of New York for technical review. In addition, the council, in its discretion, may submit any application, irrespective of the amount of financial assistance requested or the total project cost, to the Dormitory Authority for technical review. The Dormitory Authority shall evaluate the application for each project so submitted and provide the council with a written recommendation for approval or disapproval of the request for financial assistance.

Every applicant must comply with the affirmative action requirements set forth in section 3.07(12) of the Arts and Cultural Affairs Law. In order to comply, all applicants must include specific antidiscrimination language in all contracts with contractors and vendors that will perform work or provide services in connection with the project, and must require all such contractors and vendors to include such antidiscrimination language in any subcontracts entered into in connection with work or services to be performed on the project. In addition, certain applicants will be required to undertake and to require their contractors to undertake certain affirmative action measures in connection with any work to be performed on the project. The antidiscrimination language and the affirmative action requirements are set forth in detail in the council's Affirmative Action Guidelines for Applicants, Grantees, Contractors and Subcontractors Participating in New York State Council on the Arts' Capital Initiative (the “Guidelines”). The Guidelines shall automatically be mailed by the council to all applicants to the Capital Initiative Program, or can be obtained by sending a request to Contract Compliance Officer, New York State Council on the Arts, 915 Broadway, New York, NY 10010.

In addition to the funding criteria set forth in the program guidelines, the panel shall consider the following factors in its review of applications to Capital Initiative Program:

Any applicant denied financial assistance may file an appeal if entitled under Part 6401 of this Title. The appeals procedures set forth under Part 6401 of this Title shall govern any appeal filed pursuant to this section.

Every applicant granted financial assistance shall be required to execute a cultural services contract with the council. The procedures for entering into a cultural services contract are described in detail in the program guidelines.

If any provision of this Part or the application thereof to any person or circumstances is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of this Part or the application thereof to other persons and circumstances.