N.Y. Comp. Codes R. & Regs. tit. 9, § 298.8 – Fair and equitable distribution.

(a) The SASP will make property available to eligible donees in the State on a fair and equitable basis based on their relative needs, resources and ability to utilize the property.
(b) Factors considered when providing for the prompt, fair and equitable distribution of property are:
1. (1) Relative needs. In considering request of potential recipients, the criteria for determining the relative needs will be:
  1. (i) size and type of program conducted;
  2. (ii) contemplated use and frequency of use;
  3. (iii) economic condition of agency, activity or institution;
  4. (iv) critical or urgent need;
  5. (v) geographical location (urban, suburban or rural); and
  6. (vi) interest and expression of need on the part of the donee in the property available.
2. (2) Relative resources. In considering request of potential recipients, the criteria for determining relative resources will be:
  1. (i) funding source and availability (grants, donations, taxes, etc.); and
  2. (ii) equipment availability.
3. (3) Ability to utilize. In considering requests of potential recipients, the criteria for evaluating ability to utilize property will be:
  1. (i) length of time in contemplated use;
  2. (ii) when item can be put in use;
  3. (iii) availability of funds to repair or maintain property in use;
  4. (iv) type and quantity of property received by the donee to date.
(c) Donees which suffer or experience a local disaster and/or loss of property due to fire, flood, tornado, etc., will be given a temporary priority for all requested items of property. Special efforts will be made to locate and distribute needed property to them.
(d) Where competing requests are received for property items, the SASP will make a determination as to the donee based on the overall public benefit, which is based on a justification by the donee.