LBD03585-01-3
S. 1244 2
the state. Many existing and planned industrial, manufacturing and
commercial facilities are, moreover, far from or not easily accessible
to the places of residence of substantial numbers of unemployed persons.
As a result, problems of chronic unemployment are not being alleviated
but are aggravated. New industrial, manufacturing and commercial facili-
ties are required to attract and house new industries and thereby to
reduce the hazards of unemployment. The unaided efforts of private
enterprise have not met and cannot meet the needs of providing such
facilities due to problems encountered in assembling suitable building
sites]
IT IS FURTHER FOUND AND DECLARED THAT THE UNAIDED EFFORTS OF PRIVATE
INDUSTRIAL, MANUFACTURING AND COMMERCIAL BUSINESSES ARE NEGATIVELY
AFFECTED BY AGING AND INEFFICIENT FACILITIES, DIFFICULTIES IN FINDING
SUITABLE BUILDING SITES FOR NEW FACILITIES, lack of adequate public
services, the unavailability of private capital for development [in such
urban areas], and the inability of private enterprise alone to plan[,]
AND finance DEVELOPMENT and TO coordinate [industrial and commercial
development] SUCH DEVELOPMENT with [residential developments for persons
and families of low income and with] AFFORDABLE HOUSING DEVELOPMENT,
COMMUNITY DEVELOPMENT PROGRAMS, public services and mass transportation
facilities.
It is further found and declared that there exist in many munici-
palities within this state [residential, nonresidential, commercial,
industrial or vacant areas, and combinations thereof, which are slum or
blighted, or which are becoming slum or blighted areas because of
substandard, insanitary, deteriorated or deteriorating conditions,
including obsolete and dilapidated buildings and structures, defective
construction, outmoded design, lack of proper sanitary facilities or
adequate fire or safety protection, excessive land coverage, insuffi-
cient light and ventilation, excessive population density, illegal uses
and conversions, inadequate maintenance, buildings abandoned or not
utilized in whole or substantial part, obsolete systems of utilities,
poorly or improperly designed street patterns and intersections, inade-
quate access to areas, traffic congestion hazardous to the public safe-
ty, lack of suitable off-street parking, inadequate loading and unload-
ing facilities, impractical street widths, sizes and shapes, blocks and
lots of irregular form, shape or insufficient size, width or depth,
unsuitable topography, subsoil or other physical conditions, all of]
BLIGHTED PROPERTIES AND BLIGHTED AREAS, WHICH ARE CHARACTERIZED BY PREM-
ISES UNFIT FOR HUMAN HABITATION AND DANGEROUS TO LIFE AND PROPERTY, AND
which hamper or impede proper and economic development of such areas and
which impair or arrest the sound growth of the area, community or muni-
cipality, and the state as a whole.
It is further found and declared that there is a serious need through-
out the state for adequate educational, recreational, cultural and other
community facilities, the lack of which threatens and adversely affects
the health, safety[, morals] and welfare of the people of the state.
It is further found and declared that there continues to exist
throughout the state a seriously inadequate supply of [safe and sani-
tary] ACCEPTABLE dwelling accommodations for persons and families of low
income. This condition is contrary to the public interest and threatens
the health, safety, welfare, comfort and security of the people of the
state. The ordinary operations of private enterprise cannot provide an
adequate supply of safe and sanitary dwelling accommodations [at
rentals] which persons and families of low income can afford.
S. 1244 3
It is hereby declared to be the policy of the state to promote a
vigorous and growing economy, to prevent economic stagnation and to
encourage the creation of new job opportunities in order to protect
against the hazards of unemployment, reduce the level of public assist-
ance to now indigent individuals and families, increase revenues to the
state and to its municipalities and to achieve stable and diversified
local economies. In furtherance of these goals, it is the policy of the
state to retain existing industries and to attract new industries
through the acquisition, construction, FINANCING, reconstruction and
rehabilitation of industrial and manufacturing plants and commercial
facilities, and to develop sites for new industrial and commercial
building. It is further declared to be the policy of the state to
promote the development of such plants and facilities, reasonably acces-
sible to residential facilities, in those areas where substantial unem-
ployment or underemployment exists, to the end that the industrial and
commercial development [of our urban areas] will proceed in sound fash-
ion and in coordination with development of housing, mass transportation
and public services, and that job opportunities will be available in
those areas where people lack jobs.
IT IS FURTHER FOUND AND DECLARED THAT THERE IS AN URGENT NEED TO
PROTECT AND ENHANCE THE QUALITY OF THE NATURAL ENVIRONMENT, TO ENCOURAGE
THE DEVELOPMENT AND EXPANSION OF EXISTING AND ALTERNATIVE SOURCES OF
ENERGY AND THE CONSERVATION OF ENERGY, AND TO ABATE AND PREVENT THE
GENERATION OF HAZARDOUS WASTE, TOXIC BY-PRODUCTS, AND OTHER TYPES OF
ENVIRONMENTAL POLLUTION.
It is further declared to be the policy of the state to promote the
safety, health[, morals] and welfare of the people of the state and to
promote the sound growth and development of our municipalities through
the [correction of such substandard, insanitary, blighted, deteriorated
or deteriorating conditions, factors and characteristics by the clear-
ance, replanning, reconstruction, redevelopment, rehabilitation, resto-
ration or conservation of such areas,] REDEVELOPMENT OF BLIGHTED AREAS
and [of areas reasonably accessible thereto] the undertaking of public
and private improvement programs [related thereto], including the
provision of educational, recreational and cultural facilities, and the
encouragement of participation in these programs by private enterprise.
IN FURTHERANCE OF THESE GOALS, IT IS THE POLICY OF THE STATE TO ENGAGE
AND EMPOWER THE PUBLIC THROUGH EDUCATIONAL PROGRAMS, COMMUNITY OUTREACH,
AND AN OPEN AND INCLUSIVE REDEVELOPMENT PLANNING PROCESS; TO COORDINATE
REDEVELOPMENT PROJECTS AND IMPROVEMENT PROGRAMS WITH LOCAL GOVERNMENT
PLANNING GOALS; TO RESPECT COMMUNITIES' EXISTING SOCIAL AND CULTURAL
FABRIC AND TO LIMIT RESIDENTIAL AND BUSINESS DISPLACEMENT TO THE MAXIMUM
EXTENT POSSIBLE; TO REUSE EXISTING RESOURCES AND INFRASTRUCTURE AND
RECYCLE MATERIALS AND STRUCTURES; TO ENCOURAGE ENERGY EFFICIENCY AND
SUSTAINABLE BUILDING; TO CONSERVE UNDEVELOPED LAND AND ENCOURAGE INFILL
AND BROWNFIELD DEVELOPMENT; TO IMPROVE OR RESTORE NATURAL SYSTEMS SUCH
AS STREAMBEDS, DRAINAGE COURSES, WETLANDS, RIVERS, AND OTHER ECOLOGICAL
FEATURES, AND TO ENCOURAGE THE CREATION OF PUBLICLY AVAILABLE OPEN SPAC-
ES; TO ENSURE THAT ENVIRONMENTAL POLLUTION DOES NOT DISPARATELY AFFECT
AREAS WITH A SUBSTANTIAL NUMBER OF MINORITY OR LOW INCOME HOUSEHOLDS; TO
INCORPORATE CULTURAL RESOURCES AND LANDSCAPES INTO PROJECT DESIGNS BY
PRESERVING AND REHABILITATING BUILDINGS WITH CULTURAL, HISTORICAL OR
ARCHITECTURAL SIGNIFICANCE, ENCOURAGING ADAPTIVE REUSE AS AN ALTERNATIVE
TO DEMOLITION AND NEW CONSTRUCTION, AND ENCOURAGING COMPATIBLE DESIGN OF
NEW CONSTRUCTION; TO ENCOURAGE THE RETENTION AND CONSTRUCTION OF AFFORD-
ABLE HOUSING THROUGH INCENTIVES, LOANS, AND OTHER PROGRAMS; TO ENCOURAGE
S. 1244 4
DEVELOPMENT THAT IS ACCESSIBLE AND INVITING TO PEDESTRIANS, BICYCLISTS
AND TRANSIT USERS, AND TO DISCOURAGE DEVELOPMENT THAT IS RELIANT ON
PERSONAL AUTOMOBILE TRANSPORTATION; TO INCREASE OPPORTUNITIES FOR
PRIVATE ENTERPRISE, ESPECIALLY FOR SMALL BUSINESSES, LOCAL BUSINESSES,
AND BUSINESSES OWNED BY MINORITIES AND WOMEN, THROUGH PROCEDURES THAT
ARE FAIR, OPEN, EQUITABLE, TRANSPARENT, AND DEMONSTRATED TO BE THE BEST
CHOICE FOR THE PUBLIC INTEREST; TO PROVIDE SUFFICIENT SAFEGUARDS AND
PROTECTIONS IN THE EVENT THAT PRIVATE DEVELOPERS WITHDRAW FROM PARTIC-
IPATION IN A REDEVELOPMENT PROJECT OR IMPROVEMENT PROGRAM; TO INCREASE
EMPLOYMENT OPPORTUNITIES FOR LOCAL RESIDENTS, ESPECIALLY LOW INCOME
RESIDENTS, AND PERSONS WITH OTHER BARRIERS TO EMPLOYMENT, THROUGH JOB
TRAINING, LOCAL HIRING AND OTHER ASSISTANCE PROGRAMS; AND TO ENCOURAGE
THE CREATION OF QUALITY JOBS.
It is further declared to be the policy of the state to promote the
safety, health[, morals] and welfare of the people of the state through
the provision of adequate, safe and sanitary dwelling accommodations and
facilities incidental or appurtenant thereto for persons and families of
low income.
For these purposes, there should be created a corporate governmental
agency to be known as the "New York state urban development corporation"
which, through issuance of bonds and notes to the private, investing
public, by encouraging maximum participation by the private sector of
the economy, including the sale or lease of the corporation's interest
in projects at the earliest time deemed feasible, and through partic-
ipation in programs undertaken by the state, its agencies and subdivi-
sions, and by municipalities and the federal government, may provide or
obtain the capital resources necessary to acquire, construct, recon-
struct, rehabilitate or improve such industrial, manufacturing, commer-
cial, educational, recreational and cultural facilities, and housing
accommodations for persons and families of low income, and facilities
incidental or appurtenant thereto, and to carry out the [clearance,
replanning, reconstruction and rehabilitation of such substandard and
insanitary] REDEVELOPMENT OF BLIGHTED areas.
It is further declared to be the policy of New York state to encourage
the development of research and development facilities and high technol-
ogy industrial incubator space at institutions of higher education
located in this state and authorized to confer degrees by law or by the
board of regents, or on lands in reasonable proximity to such insti-
tutions provided that (i) in the case of research and development facil-
ities such facilities are for the cooperative use of one or more such
institutions and one or more business corporations, research consortia
or other industrial organizations involved in research, development,
demonstration, or other technologically oriented industrial activities;
and (ii) in the case of high technology industrial incubator space, such
space shall be for rental to business concerns which are in their form-
ative stages and which are involved in high technology activities,
including but not limited to business concerns initiated by students,
employees of such institution, including faculty members and other
persons or firms academically associated with such institution.
It is hereby declared that the acquisition, construction, FINANCING,
reconstruction, rehabilitation or improvement of such industrial, manu-
facturing and commercial facilities, and of such cultural, educational
and recreational facilities including but not limited to facilities
identified as projects and called for to implement a state designated
heritage area management plan as provided in title G of the parks,
recreation and historic preservation law; the [clearance, replanning,
S. 1244 5
reconstruction and rehabilitation of such substandard and insanitary]
REDEVELOPMENT OF BLIGHTED areas; and the provision of adequate, safe and
sanitary housing accommodations for persons and families of low income
and such facilities as may be incidental or appurtenant thereto are
public uses and public purposes for which public money may be loaned and
private property may be acquired and tax exemption granted, and that the
powers and duties of the New York state urban development corporation as
hereinafter prescribed are necessary and proper for the purpose of
achieving the ends here recited.
S 2. Subdivision 12 of section 3 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, is REPEALED and a new subdivision 12 is added to read as
follows:
(12) "BLIGHTED PROPERTY OR BLIGHTED AREA." BLIGHTED PROPERTY OR
BLIGHTED AREA MEANS PROPERTY THAT IS DECLARED BLIGHTED. (A) A SINGLE
PROPERTY MAY BE DECLARED BLIGHTED IF IT MEETS ANY OF THE FOLLOWING
CONDITIONS:
1. IS UNFIT FOR HUMAN HABITATION. THIS MEANS A PREMISE WHICH HAS IDEN-
TIFIABLE CONDITIONS THAT ENDANGER THE LIFE, HEALTH AND SAFETY OF THE
OWNERS, OCCUPANTS, OR THE PUBLIC. CONDITIONS RENDERING THE PROPERTY
UNFIT FOR HUMAN HABITATION INCLUDE, BUT ARE NOT LIMITED TO, SUBSTANTIAL
STRUCTURAL DEFECTS, DILAPIDATION OR DETERIORATIONS, VERMIN INFESTATION,
LACK OF NECESSARY UTILITIES AND FIRE HAZARDS.
2. HAS DETERIORATED TO THE POINT WHERE SUCH PREMISES:
(A) IS STRUCTURALLY UNSOUND OR POSES AN IMMEDIATE THREAT TO LIFE OR
OTHER PROPERTY, OR
(B) THE COST OF REHABILITATION SIGNIFICANTLY EXCEEDS THE POST-REHABI-
LITATION MARKET VALUE; AND
3. THE OWNER FAILS TO REMEDY THE PROBLEMS WITHIN A REASONABLE TIME
AFTER RECEIVING NOTICE OF VIOLATION BY THE APPROPRIATE GOVERNING BODY
REQUIRING THE OWNER TO:
(A) REHABILITATE THE BUILDING TO CONFORM TO MINIMUM CODE HABITABILITY
REQUIREMENTS; OR
(B) DEMOLISH THE BUILDING FOR HEALTH AND SAFETY REASONS.
4. IS AN ABANDONED PROPERTY. ABANDONED PROPERTY MEANS:
(A) UNOCCUPIED PROPERTY WHICH HAS BEEN TAX DELINQUENT FOR AT LEAST TWO
YEARS; OR
(B) A BUILDING THAT:
(I) IS UNOCCUPIED BY THE OWNER OR TENANTS; AND
(II) IS UNFIT FOR HUMAN HABITATION; AND
(III) HAS DETERIORATED TO THE POINT WHERE:
A. THE BUILDING IS STRUCTURALLY UNSOUND OR POSES AN IMMEDIATE THREAT
TO LIFE OR OTHER PROPERTY; OR
B. THE COST OF REHABILITATION SIGNIFICANTLY EXCEEDS THE POST-REHABILI-
TATION MARKET VALUE; AND
C. THE OWNER IS UNKNOWN OR THE OWNER FAILS TO RESPOND WITHIN SIX
MONTHS TO A VIOLATION NOTICE FROM THE APPROPRIATE GOVERNING BODY REQUIR-
ING THE OWNER TO:
(1) REHABILITATE THE BUILDING TO CONFORM TO MINIMUM HABITABILITY
REQUIREMENTS; OR
(2) DEMOLISH THE BUILDING FOR HEALTH AND SAFETY REASONS.
5. A VACANT LOT ON WHICH A BUILDING HAS BEEN DEMOLISHED AND FOR WHICH
A MUNICIPAL LIEN FOR DEMOLITION COSTS REMAINS UNPAID FOR SIX MONTHS.
6. IS ENVIRONMENTALLY CONTAMINATED REQUIRING REMEDIATION FOR CURRENT
OR FUTURE USE UNDER STATE OR FEDERAL LAW, IF THE OWNER FAILS TO ESTAB-
LISH A PLAN TO REMEDY THE PROBLEM WITHIN SIX MONTHS OF RECEIVING NOTICE
S. 1244 6
OF VIOLATION FROM THE APPROPRIATE GOVERNING BODY AND HAS TAKEN STEPS TO
REMEDY THE VIOLATION.
7. BECAUSE OF CONDITION OR USE, IS REGARDED AS A PUBLIC NUISANCE OR AN
ATTRACTIVE NUISANCE AT COMMON LAW OR HAS BEEN DECLARED A PUBLIC NUISANCE
OR AN ATTRACTIVE NUISANCE UNDER A NEW YORK STATUTE OR AN APPLICABLE
MUNICIPAL CODE, AND THE OWNER FAILS TO ABATE THE NUISANCE WITHIN SIX
MONTHS OF RECEIVING NOTICE OF VIOLATION FROM THE APPROPRIATE GOVERNING
BODY.
8. DEFECTIVE OR UNUSUAL CONDITIONS OF TITLE THAT MAKE THE FREE TRANS-
FER OR ALIENATION OF THE PROPERTY IMPOSSIBLE.
9. THAT HAS TAX DELINQUENCIES EXCEEDING THE VALUE OF THE PROPERTY
WHERE THE PROPERTY IS OCCUPIED OR UNOCCUPIED.
(B) PROPERTY SHALL IN NO CASE BE DECLARED BLIGHTED IF IT MEETS EITHER
OF THE FOLLOWING CRITERIA:
1. VACANT AND UNIMPROVED PROPERTY LOCATED IN ANY RURAL OR SUBURBAN
AREA WHICH IS NOT SERVED BY EXISTING UTILITIES.
2. PROPERTY WHICH SATISFIES THE DEFINITION OF "FARM WOODLAND", "LAND
USED IN AGRICULTURAL PRODUCTION", "UNIQUE AND IRREPLACEABLE AGRICULTURAL
LAND", OR "VIABLE AGRICULTURAL LAND", AS THOSE TERMS ARE DEFINED IN
SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW.
(C) FOR PURPOSES OF THIS SUBDIVISION, A BUILDING CONTAINING MULTIPLE
UNITS SHALL BE TREATED AS A SINGLE PROPERTY.
(D) FOR PURPOSES OF ACQUIRING MULTIPLE UNITS OF PROPERTY BY EMINENT
DOMAIN, AN AREA MAY BE DECLARED BLIGHTED ONLY IF:
1. AN AREA IS LOCATED IN AN URBAN OR SUBURBAN AREA GENERALLY SERVED BY
UTILITIES AND INFRASTRUCTURE; AND
2. SIXTY PERCENT OF THE INDIVIDUAL PARCELS IN THE AREA ARE DECLARED
BLIGHTED UNDER PARAGRAPH (A) OF THIS SUBDIVISION AND REPRESENT A MAJORI-
TY OF THE GEOGRAPHICAL AREA OF THE PROJECT.
(E) A CONDEMNOR MAY USE EMINENT DOMAIN TO ACQUIRE ANY UNIT OF PROPERTY
WITHIN A BLIGHTED PROJECT AREA.
(F) PROPERTIES OWNED BY A DEVELOPER OR CONDEMNOR INVOLVED IN A REDE-
VELOPMENT PROJECT MAY BE INCLUDED IN ANY BLIGHTED PROJECT AREA DETERMI-
NATION.
(G) FOR PURPOSES OF THIS SUBDIVISION IF A DEVELOPER, CONDEMNOR OR
AGENCY INVOLVED IN A REDEVELOPMENT PROJECT HAS CAUSED OR BROUGHT ABOUT
BY ACTION OR INACTION OR MAINTAINED FOR MORE THAN SEVEN YEARS A CONDI-
TION LISTED IN SUBPARAGRAPH ONE OF PARAGRAPH (A) OF THIS SUBDIVISION
WITHIN THE PROPOSED PROJECT AREA, THAT CONDITION MAY NOT BE USED IN THE
DETERMINATION OF BLIGHT.
(H) FOR PURPOSES OF THIS SUBDIVISION, IF PROPERTY LOCATED IN AN URBAN-
IZED AREA GENERALLY SERVED BY MUNICIPAL INFRASTRUCTURE AND UTILITIES
MEETS ONE OR MORE OF THE CONDITIONS LISTED IN SUBPARAGRAPH ONE OF PARA-
GRAPH (A) OF THIS SUBDIVISION DUE TO FAILURE ON THE PART OF THE APPRO-
PRIATE GOVERNING BODY TO PROVIDE NECESSARY UTILITY SERVICES AND/OR
INFRASTRUCTURE, THAT CONDITION MAY NOT BE USED IN THE DETERMINATION OF
BLIGHT.
(I) ANY DECLARATION MADE PURSUANT TO THIS SUBDIVISION SHALL BE VALID
FOR A PERIOD OF UP TO TEN YEARS.
S 3. Section 10 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act,
subdivision (d) as amended by chapter 847 of the laws of 1971, subdivi-
sions (e) and (f) as added and subdivisions (g) and (h) as relettered by
chapter 839 of the laws of 1987, is amended to read as follows:
S 10. Findings of the corporation. Notwithstanding any other provision
of this act, the corporation shall not be empowered to undertake the
S. 1244 7
acquisition, construction, reconstruction, rehabilitation or improvement
of a project unless the corporation finds:
(a) in the case of a residential project:
(1) That there exists, in the area in which the project is to be
located, or in an area reasonably accessible to such area, a need for
safe and sanitary housing accommodations for persons or families of low
income, which the operations of private enterprise cannot provide;
(2) That the project has been approved as a project of a housing
company pursuant to the provisions of the private housing finance law.
(b) in the case of an industrial project:
(1) That the area in which the project is to be located is [a
substandard or insanitary area, or is in danger of becoming a substand-
ard or insanitary area, wherein] FOUND TO BE BLIGHTED AND there exists a
condition of substantial and persistent unemployment or underemployment;
(2) That the acquisition or construction and operation of such project
will prevent, eliminate or reduce unemployment or underemployment in
such area;
(3) That such project shall consist of a building or buildings which
are suitable for manufacturing, warehousing or research or other indus-
trial, business or commercial purposes[.];
(4) That adequate provision has been, or will be made for the payment
of the cost of the acquisition, construction, operation, maintenance and
upkeep of such project[.];
(5) That the acquisition and construction, proposed leasing, operation
and use of such project will aid in the development, growth and prosper-
ity of the state and the area in which such project is located;
(6) That the plans and specifications assure adequate light, air,
sanitation and fire protection.
(c) in the case of a land use improvement project:
(1) That the area in which the project is to be located is [a
substandard or insanitary area, or is in danger of becoming a substand-
ard or insanitary area] FOUND TO BE BLIGHTED and tends to impair or
arrest the sound growth and development of the municipality;
(2) That the project consists of a plan or undertaking for the clear-
ance, replanning, reconstruction and rehabilitation of such area and for
recreational and other facilities incidental or appurtenant thereto;
(3) That the plan or undertaking affords maximum opportunity for
participation by private enterprise, consistent with the sound needs of
the municipality as a whole.
(d) in the case of a civic project:
(1) That THE AREA IN WHICH THE PROJECT IS TO BE LOCATED IS A BLIGHTED
AREA WHEREIN there exists [in the area in which the project is to be
located,] a need for the educational, cultural, recreational, community,
municipal, public service or other civic facility to be included in the
project;
(2) That the project shall consist of a building or buildings or other
facilities which are suitable for educational, cultural, recreational,
community, municipal, public service or other civic purposes;
(3) That such project will be leased to or owned by the state or an
agency or instrumentality thereof, a municipality or an agency or
instrumentality thereof, a public corporation, or any other entity which
is carrying out a community, municipal, public service or other civic
purpose, and that adequate provision has been, or will be, made for the
payment of the cost of acquisition, construction, operation, maintenance
and upkeep of the project;
S. 1244 8
(4) That the plans and specifications assure or will assure adequate
light, air, sanitation and fire protection.
(e) in the case of an industrial effectiveness project:
(1) That a feasibility study or productivity assessment exists demon-
strating the potential for future profitability of the firm requesting
financial assistance and such study or assessment has been reviewed and
approved by the commissioner of economic development;
(2) That for loans to implement a corporate restructuring or turn-
around plan, the management of the industrial firm requesting assistance
is capable and the firm has a sound business development plan that
includes measures to ensure labor and management cooperation and to
effect changes required to continue as a successful business;
(3) That the requested financial assistance is not available from
other public or private financing sources; and
(4) That the area in which the project is to be located is [a
substandard or insanitary area, or is in danger of becoming a substand-
ard or insanitary area, wherein] FOUND TO BE BLIGHTED AND there exists a
condition of substantial and persistent unemployment or underemployment.
(f) in the case of a small and medium-sized business assistance
project:
(1) That the area in which the project will be located is [a substand-
ard or insanitary area, or is in danger of becoming a substandard or
insanitary area, wherein] FOUND TO BE BLIGHTED AND there exists a condi-
tion of substantial and persistent unemployment or underemployment;
(2) That the project demonstrates market, management and financial
feasibility and has a clear likelihood of success;
(3) That the [industrial] firm provides at least a ten percent equity
contribution and such contribution is not derived from other govern-
mental sources;
(4) That the requested financial assistance is not available from
other public or private financing sources on terms compatible with the
successful completion of the project;
(5) That the project will not result in the relocation of any [indus-
trial] firm from one municipality within the state to another munici-
pality, OR IN THE ABANDONMENT OF ONE OR MORE OF THE FIRMS' PLANTS OR
FACILITIES LOCATED WITHIN THE AREA, except under one of the following
conditions: (i) when [an industrial] A firm is relocating within a muni-
cipality with a population of at least one million where the governing
body of such municipality approves such relocation; [or] (ii) the corpo-
ration notifies each municipality from which such [industrial] firm will
be relocated and each municipality agrees to such relocation; OR (III)
THE CORPORATION SHALL DETERMINE ON THE BASIS OF THE APPLICATION BEFORE
IT THAT THE PROJECT IS REASONABLY NECESSARY TO DISCOURAGE THE FIRM FROM
RELOCATING TO A LOCATION OUTSIDE THE STATE AND TO PRESERVE THE COMPET-
ITIVE POSITION OF THE FIRM WITHIN ITS RESPECTIVE INDUSTRY; and
(6) That the project is not for the purpose of refinancing any portion
of the total project cost or other existing loans or debts of the
project sponsor or owner.
(g) in the case of all projects, that [there is a feasible method for
the relocation of families and individuals displaced from the project
area into decent, safe and sanitary dwellings] THE DISPLACEMENT OF RESI-
DENTS AND BUSINESSES IS LIMITED TO THE MAXIMUM EXTENT POSSIBLE, AND THAT
ALL DISPLACED RESIDENTS AND BUSINESSES WILL BE AFFORDED ADEQUATE COMPEN-
SATION AND/OR ASSISTANCE TO BE RELOCATED TO SUBSTANTIALLY COMPARABLE
PROPERTIES, which are or will be [provided] LOCATED in the project area
or in [other areas] AN AREA REASONABLY PROXIMATE TO THE PROJECT AREA AND
S. 1244 9
not generally less desirable in regard to public utilities and public
and commercial facilities, at SUBSTANTIALLY COMPARABLE rents or prices
[within the financial means of such families or individuals], and
reasonably accessible to their places of DWELLING AND/OR employment.
[Insofar as is feasible, the] THE corporation shall offer SUBSTANTIALLY
COMPARABLE housing accommodations to [such families and individuals]
DISPLACED RESIDENTS in [residential] projects [of the corporation] THAT
INCLUDE A RESIDENTIAL COMPONENT, AND INSOFAR AS IS FEASIBLE, THE CORPO-
RATION SHALL ASSIST IN FINDING SUBSTANTIALLY COMPARABLE INDUSTRIAL OR
COMMERCIAL ACCOMMODATIONS TO DISPLACED BUSINESSES IN PROJECTS THAT
INCLUDE AN INDUSTRIAL OR COMMERCIAL COMPONENT. The corporation may
render to business and commercial tenants and [to families or other
persons] displaced [from the project area,] RESIDENTS ANY OTHER such
assistance as it may deem [necessary to enable them to relocate] APPRO-
PRIATE.
(h) in the case of all projects, the corporation shall [state the
basis for its findings.]:
(1) IN THE CASE OF A SINGLE PROPERTY, MAKE WRITTEN FINDINGS IDENTIFY-
ING THE SPECIFIC CONDITIONS WHICH RENDER THE PROPERTY BLIGHTED UNDER
SUBDIVISION TWELVE OF SECTION THREE OF THIS ACT;
(2) IN THE CASE OF MULTIPLE PROPERTIES OR PROJECT AREAS, MAKE WRITTEN
FINDINGS DEMONSTRATING THAT THE REQUIREMENTS OF SUBDIVISION TWELVE OF
SECTION THREE OF THIS ACT HAVE BEEN MET. IN ORDER TO DEMONSTRATE THAT
SIXTY PERCENT OF THE PROPERTIES IN THE AREA ARE INDIVIDUALLY BLIGHTED
AND COMPRISE A MAJORITY OF THE GEOGRAPHICAL AREA OF THE PROJECT, EACH
BLIGHTED PROPERTY MUST BE IDENTIFIED AND THE SPECIFIC CONDITIONS RENDER-
ING IT BLIGHTED UNDER SUBDIVISION TWELVE OF SECTION THREE OF THIS ACT
MUST BE IDENTIFIED.
S 4. This act shall take effect immediately.