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NEW YORK STATE URBAN DEVELOPMENT CORPORATION d/b/a ...

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GGLDC - Western New York Science, Technology and Advanced Manufacturing Park Capital<br />

(X544)<br />

April 17, 2012<br />

practicable, including the effects disclosed in the relevant environmental impact<br />

statement;<br />

Consistent with social, economic and other essential considerations to the maximum<br />

extent practicable, any significant adverse environmental effects revealed in the<br />

environmental impact statement process as a result of the proposed action will be<br />

avoided or minimized to the maximum extent practicable by incorporating as<br />

conditions to the decision those mitigative measures which were identified as<br />

practicable;<br />

The proposed action is in compliance with Section 14.09 of the State Historic<br />

Preservation Act; and<br />

The proposed action is in compliance with Section 305(4) of the Agriculture and<br />

Markets Law. The Grantee will complete the Notice of Intent process in accordance<br />

with the Agriculture and Markets Law, including filing a Final Notice of Intent with<br />

the New York State Department of Agriculture and Markets (“NYS Ag and Markets”)<br />

and the Genesee County Agricultural and Farmland Protection Board at least 65 days<br />

prior to the disbursement of ESD funds for construction work and commencement<br />

of action by the Grantee. In addition, at least 10 days prior to the disbursement of<br />

ESD funds and commencement of action by the Grantee, the Grantee will file a<br />

Certification with NYS Ag and Markets pursuant to Section 305(4)(g) of the<br />

Agriculture and Markets Law.<br />

Therefore it is recommended that the Corporation ratify and adopt the SEQRA Findings<br />

Statement attached as Exhibit A.<br />

Smart Growth Public Infrastructure Review:<br />

Pursuant to the requirements of the State Smart Growth Public Infrastructure Policy Act (the<br />

“SG Act”), ESD’s Smart Growth Advisory Committee has prepared a Smart Growth Impact<br />

Statement (“SGIS”) for the project and found that it is impracticable for the project to be<br />

developed in a manner consistent with the relevant State Smart Growth Public Infrastructure<br />

Criteria (“Smart Growth Criteria”) due to the site needs of the project and that the project is<br />

justified by the public benefits that would result from the project including increase in high<br />

quality jobs and tax revenues. The Chief Executive Officer of the Corporation or his designee<br />

has attested that it is impracticable for the project to meet the relevant Smart Growth Criteria<br />

set forth in the SG Act and that the project is justified for the reasons stated in the SGIS.<br />

Affirmative Action:<br />

ESD’s Non-discrimination and Affirmative Action policy will apply. GGLDC is encouraged to use<br />

good faith efforts to achieve a Minority Business Enterprise participation goal of 10% and a<br />

Women Business Enterprise participation goal of 5% of the total dollar value of work performed<br />

pursuant to contracts or purchase orders entered into in connection with the construction work<br />

related to the project and to include minorities and women in any job opportunities created by<br />

6

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