New York Codes, Rules and Regulations Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT
**New York Codes, Rules and Regulations
Title 5 – Department of Economic Development**
1. Overview
Title 5 of the New York Codes, Rules and Regulations (NYCRR) contains the administrative rules issued by the New York State Department of Economic Development (DED), now commonly operating through agencies such as Empire State Development.
These regulations implement state economic policy by governing:
Business development and incentives
Industrial and commercial growth
Tourism promotion
Minority- and women-owned business development
Community revitalization and job creation
Title 5 gives legal and procedural effect to New York’s economic development statutes.
2. Purpose of Title 5
The primary objectives of Title 5 are to:
Promote economic growth across New York State
Encourage business investment and job creation
Administer state incentive and assistance programs
Ensure transparency and accountability in economic development activities
Support disadvantaged and underrepresented businesses
3. Scope of Regulation
Title 5 applies to:
Businesses seeking state economic assistance
Public authorities and local development entities
Nonprofit organizations involved in economic development
Minority- and women-owned business enterprises (MWBEs)
Tourism and marketing entities
4. Major Areas Covered Under Title 5
A. Economic Development Programs
Title 5 establishes rules for:
Business incentive programs
Financial assistance, loans, and grants
Tax credit administration
Infrastructure and redevelopment projects
It outlines eligibility criteria, application procedures, compliance obligations, and performance benchmarks.
B. Industrial and Commercial Development
Regulations cover:
Industrial development initiatives
Manufacturing and technology sector support
Urban and rural revitalization projects
Public-private partnerships
Applicants must demonstrate economic benefit, such as job creation or capital investment.
C. Minority- and Women-Owned Business Enterprises (MWBE)
A significant portion of Title 5 addresses:
Certification of MWBEs
Participation goals in state-funded projects
Reporting and compliance requirements
Enforcement mechanisms for noncompliance
These provisions aim to ensure equal opportunity and inclusivity in economic development.
D. Tourism and Marketing Programs
Title 5 authorizes:
State tourism promotion initiatives
Grants for tourism-related infrastructure
Marketing and branding programs
Support for cultural, recreational, and heritage tourism
Rules specify funding eligibility, project evaluation, and reporting requirements.
E. Community Development and Revitalization
Title 5 supports:
Distressed community assistance
Downtown revitalization
Brownfield redevelopment
Workforce development programs
Emphasis is placed on long-term economic sustainability.
5. Application and Approval Procedures
Title 5 generally requires:
Formal application submission
Disclosure of financial and ownership information
Evaluation based on statutory and regulatory criteria
Approval or denial by the Department or designated authority
Ongoing monitoring and reporting
Failure to comply may result in termination of benefits or recovery of funds.
6. Compliance, Monitoring, and Enforcement
The Department has authority to:
Audit funded projects
Require progress and financial reports
Investigate misuse of funds
Suspend or revoke assistance
Impose penalties or recover improperly used funds
These provisions ensure accountability and responsible use of public resources.
7. Appeals and Administrative Review
Title 5 provides procedures for:
Administrative appeals of adverse decisions
Review of certification denials or revocations
Requests for reconsideration
This ensures due process for applicants and participants.
8. Legal Significance
Title 5:
Translates economic policy into enforceable rules
Provides predictability for businesses and investors
Ensures fairness, transparency, and public oversight
Aligns state economic initiatives with broader social goals
It plays a central role in New York’s economic governance framework.
9. Summary Table
| Aspect | Title 5 – NYCRR |
|---|---|
| Regulating Authority | Department of Economic Development |
| Primary Focus | Economic growth, business incentives, job creation |
| Key Programs | Business assistance, MWBE, tourism, revitalization |
| Beneficiaries | Businesses, nonprofits, communities |
| Compliance Tools | Audits, reporting, enforcement actions |
| Appeals | Administrative review available |
10. Conclusion
Title 5 of the NYCRR provides the regulatory backbone for New York State’s economic development strategy. It governs how public funds and incentives are distributed, ensures inclusive participation, promotes sustainable growth, and maintains accountability in economic initiatives.
In essence, Title 5 transforms economic policy objectives into binding administrative rules that guide businesses, agencies, and communities across New York State.
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