S T A T E O F N E W Y O R K
________________________________________________________________________
1250
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sens. PERKINS, DIAZ, HASSELL-THOMPSON, PARKER -- read
twice and ordered printed, and when printed to be committed to the
Committee on Corporations, Authorities and Commissions
AN ACT to amend the New York state urban development corporation act, in
relation to establishing an urban and community development program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Statement of legislative findings and purpose. The legis-
lature finds that the recent shift in emphasis toward state/local
economic development partnerships and state support of regional and
local economic development activities requires a clear articulation of
strategic objectives, a delineation of respective state/local roles, and
a responsive state mechanism for delivering assistance and services.
The legislature further finds that New York state has a broad network
of community-based, not-for-profit economic development organizations
with a knowledge of community conditions, needs, strengths and priori-
ties and which possess an on-the-scenes knowledge of local business
conditions and experience in providing technical assistance to small
businesses, managing business retention programs, and providing a varie-
ty of other services.
The legislature further finds and declares that the core areas of
communities throughout the state, composed of central business districts
or commercial strips and their adjacent, surrounding areas, are suffer-
ing from deterioration and decline that have negatively affected the
abilities of these communities, as a whole, to retain and attract both
residents and jobs.
The legislature further finds that the revitalization of central busi-
ness districts and commercial strips can result in increased property
values, an expanded tax base, the development of new businesses, and an
enhanced ability to attract and retain industry, tourism and residents
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03579-01-3
S. 1250 2
in central business districts and commercial strips and their surround-
ing areas.
The legislature further finds that state efforts to revitalize such
core areas in distressed communities must be coordinated, strengthened
and improved to restore the health of those communities.
Therefore, the legislature declares that it is in the interest of the
economic vitality of the state to support local efforts to revitalize
the core business areas of economically distressed communities through a
comprehensive program of management support, technical assistance and
targeted project support.
S 2. Section 3 of section 1 of chapter 174 of the laws of 1968 consti-
tuting the New York state urban development corporation act is amended
by adding nine new subdivisions 31, 32, 33, 34, 35, 36, 37, 38 and 39 to
read as follows:
(31) "BUSINESS IMPROVEMENT DISTRICT" SHALL MEAN A SPECIAL ASSESSMENT
DISTRICT ESTABLISHED PURSUANT TO ARTICLE NINETEEN-A OF THE GENERAL
MUNICIPAL LAW.
(32) "BUSINESS DISTRICT" SHALL MEAN THE CENTRAL DISTRICT OF A MUNICI-
PALITY OR NEIGHBORHOOD AREA TRADITIONALLY USED FOR COMMERCIAL PURPOSES.
(33) "COMMERCIAL REVITALIZATION ACTIVITIES" SHALL MEAN ANY ACTIVITY
WHICH CONTRIBUTES TO THE ENHANCEMENT OF AN URBAN OR RURAL BUSINESS
DISTRICT OR SURROUNDING AREA. SUCH ACTIVITIES MAY INCLUDE, BUT NOT BE
LIMITED TO:
(A) THE ACQUISITION, MAINTENANCE, REPAIR, REHABILITATION OR OTHER
IMPROVEMENTS TO VACANT OR OCCUPIED COMMERCIAL, SERVICE OR INDUSTRIAL
FACILITIES;
(B) PHYSICAL IMPROVEMENTS TO PUBLIC AREAS SUCH AS STREET FURNITURE,
LIGHTING, INFORMATION KIOSKS, TRASH RECEPTACLES, AND OTHER AMENITIES;
(C) PROGRAMS PROVIDING ASSISTANCE FOR SECURITY, JOB PLACEMENT, MARKET-
ING AND PROMOTION, ENERGY CONSERVATION, ARCHITECTURAL DESIGN STUDIES,
GENERAL BUSINESS SERVICES AND THE FORMATION OF BUSINESS IMPROVEMENT
DISTRICTS.
(34) "COMMERCIAL STRIP" SHALL MEAN A PREDOMINANTLY COMMERCIAL AREA
TRADITIONALLY USED FOR COMMERCIAL PURPOSES IN A MAJOR URBAN AREA WHICH
MAY NOT BE THE PRIMARY BUSINESS DISTRICT AND WHICH IS ONE OF SEVERAL
COMMERCIAL DISTRICTS IN THE MUNICIPALITY IN WHICH IT IS LOCATED.
(35) "ECONOMICALLY DISTRESSED AREAS" SHALL MEAN AREAS DETERMINED BY
THE COMMISSIONER OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT ON THE BASIS
OF CRITERIA INDICATIVE OF ECONOMIC DISTRESS, INCLUDING POVERTY RATES,
NUMBERS OF PERSONS RECEIVING PUBLIC ASSISTANCE, UNEMPLOYMENT RATES, RATE
OF EMPLOYMENT DECLINE, POPULATION LOSS, RATE OF PER CAPITA INCOME
CHANGE, DECLINE IN ECONOMIC ACTIVITY AND PRIVATE INVESTMENT, AND SUCH
OTHER INDICATORS AS THE COMMISSIONER DEEMS APPROPRIATE. ECONOMICALLY
DISTRESSED AREAS MAY INCLUDE CITIES, MUNICIPALITIES, BLOCK NUMBERING
AREAS, AND CENSUS TRACTS.
(36) "HIGHLY DISTRESSED" SHALL MEAN SUFFERING FROM SEVERE ECONOMIC
DISTRESS AS DETERMINED BY THE CORPORATION USING CRITERIA SIMILAR TO
THOSE SET FORTH IN ARTICLE EIGHTEEN-B OF THE GENERAL MUNICIPAL LAW FOR
DETERMINING ELIGIBILITY FOR EMPIRE ZONE STATUS.
(37) "IN-KIND SERVICES" SHALL MEAN THE DONATION OF QUANTIFIABLE GOODS
AND SERVICES INCLUDING BUT NOT LIMITED TO PROFESSIONAL SERVICES AND
TIME, EQUIPMENT, MATERIAL AND OFFICE SPACE FOR USE BY AN APPLICANT FOR
AN URBAN AND COMMUNITY DEVELOPMENT PROGRAM GRANT IN FURTHERANCE OF ITS
STATED PURPOSES OR PROVIDED ON BEHALF OF SUCH APPLICANT BY OTHERS FOR
SUCH PURPOSES AND FOR WHICH THERE IS NO MONETARY REMUNERATION.
S. 1250 3
(38) "NOT-FOR-PROFIT CORPORATION" SHALL MEAN A CORPORATION ORGANIZED
UNDER THE PROVISIONS OF THE NOT-FOR-PROFIT CORPORATION LAW.
(39) "SURROUNDING AREA" OR "CONTIGUOUS AREA" SHALL MEAN AN AREA
CONTIGUOUS WITH A BUSINESS DISTRICT.
S 3. Section 1 of chapter 174 of the laws of 1968 constituting the New
York state urban development corporation act is amended by adding a new
section 16-v to read as follows:
S 16-V. URBAN AND COMMUNITY DEVELOPMENT PROGRAM. (1) PROGRAM CREATED.
THERE IS HEREBY CREATED AN URBAN AND COMMUNITY DEVELOPMENT PROGRAM
CONSISTING OF THE FOLLOWING:
(A) AN URBAN AND COMMUNITY MAIN STREET REVITALIZATION PROGRAM PURSUANT
TO SUBDIVISION FOUR OF THIS SECTION.
(B) AN URBAN AND COMMUNITY DEVELOPMENT ASSISTANCE GRANTS PROGRAM
PURSUANT TO SUBDIVISION FIVE OF THIS SECTION.
(C) AN URBAN AND COMMUNITY PROJECT DEVELOPMENT PROGRAM PURSUANT TO
SUBDIVISION SIX OF THIS SECTION.
(D) AN URBAN AND COMMUNITY TRAINING AND TECHNICAL ASSISTANCE PROGRAM
PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION.
(2) APPLICATIONS. APPLICATIONS FOR SUPPORT UNDER THIS PROGRAM SHALL BE
MADE IN A FORM AND MANNER AS DETERMINED BY THE CORPORATION AND APPLI-
CANTS SHALL BE REQUIRED TO MEET THE CRITERIA AND REQUIREMENTS ESTAB-
LISHED BY THE CORPORATION, INCLUDING BUT NOT LIMITED TO:
(A) FACTORS OF ECONOMIC DISTRESS;
(B) THE ABILITY OF THE APPLICANT TO OBTAIN FINANCIAL AND OTHER
SUPPORT, WHERE REQUIRED, FROM PUBLIC OR PRIVATE SOURCES, OTHER THAN THE
STATE;
(C) THE EXTENT OF SUPPORT FOR, AND INVOLVEMENT IN, THE PROGRAM OR
PROJECT OF UNITS OF LOCAL GOVERNMENT, THE LOCAL BUSINESS COMMUNITY AND
LOCAL ECONOMIC DEVELOPMENT PROFESSIONALS;
(D) SUCH OTHER REQUIREMENTS AND CRITERIA AS SET FORTH BY THE CORPO-
RATION.
(3) PREFERENCE. PREFERENCE WILL BE GIVEN TO PROJECTS WHICH ARE
LOCATED IN HIGHLY DISTRESSED COMMUNITIES, AND FOR WHICH OTHER PUBLIC OR
PRIVATE FUNDING SOURCES ARE NOT AVAILABLE.
(4) URBAN AND COMMUNITY MAIN STREET REVITALIZATION PROGRAM. (A)
THERE IS HEREBY ESTABLISHED WITHIN THE URBAN AND COMMUNITY DEVELOPMENT
PROGRAM, AN URBAN AND COMMUNITY MAIN STREET REVITALIZATION PROGRAM WHICH
SHALL BE USED TO PROVIDE MATCHING GRANTS TO URBAN AND RURAL COMMUNITIES
INVOLVED IN COMMERCIAL REVITALIZATION ACTIVITIES IN CENTRAL BUSINESS
DISTRICTS OR COMMERCIAL STRIPS TO SUPPORT THE MANAGEMENT OF SUCH ACTIV-
ITIES.
(B) THE CORPORATION SHALL, WITHIN AVAILABLE APPROPRIATIONS, AWARD SUCH
GRANTS TO LOCAL DEVELOPMENT CORPORATIONS, BUSINESS IMPROVEMENT DISTRICTS
AND OTHER NOT-FOR-PROFIT ORGANIZATIONS INVOLVED IN COMMERCIAL REVITALI-
ZATION ACTIVITIES ON A COMPETITIVE BASIS AND IN RESPONSE TO REQUESTS FOR
PROPOSALS THAT SHALL BE DISTRIBUTED TO SUCH ORGANIZATIONS BY THE CORPO-
RATION FOR THE PURPOSE OF SOLICITING APPLICATIONS.
(C) THE GRANTS AWARDED UNDER PARAGRAPHS (F) AND (G) OF THIS SUBDIVI-
SION SHALL BE USED FOR THE ADMINISTRATIVE COSTS OF A COMMERCIAL REVITAL-
IZATION PROGRAM CONDUCTED BY AN INDIVIDUAL, HEREINAFTER REFERRED TO AS
THE BUSINESS DISTRICT COORDINATOR, WHOSE PURPOSE SHALL BE TO COORDINATE
THE COMMERCIAL REVITALIZATION ACTIVITIES OF A CENTRAL BUSINESS DISTRICT
OR COMMERCIAL STRIP.
(D) REQUESTS FOR PROPOSALS UNDER THIS SUBDIVISION SHALL SET FORTH SUCH
CRITERIA AS THE CORPORATION DEEMS NECESSARY, INCLUDING THOSE SET FORTH
S. 1250 4
IN SUBDIVISION TWO OF THIS SECTION AND INCLUDING, BUT NOT LIMITED TO
THE FOLLOWING:
(I) THE POTENTIAL IMPACT THE PROPOSED COMMERCIAL REVITALIZATION
PROJECT WOULD HAVE ON ECONOMIC DEVELOPMENT AND EMPLOYMENT OPPORTUNITIES
IN THE MAIN STREET COMMUNITY AND THE REGION;
(II) DETERMINATION BY THE CORPORATION OF THE EXISTENCE OF SIGNIFICANT
SUPPORT FOR SUCH ACTIVITIES FROM THE LOCAL BUSINESS COMMUNITY, LOCAL
GOVERNMENT AND COMMUNITY ORGANIZATIONS WITHIN THE MAIN STREET COMMUNITY,
INCLUDING THE COMMITMENT OF FINANCIAL RESOURCES; AND
(III) THE POTENTIAL FOR THE COMMUNITY TO ESTABLISH A BUSINESS
IMPROVEMENT DISTRICT.
(E) RURAL COMMERCIAL REVITALIZATION PLANNING GRANTS. (I) NOT-FOR-PRO-
FIT CORPORATIONS LOCATED WITHIN MUNICIPALITIES WITH POPULATIONS NOT IN
EXCESS OF FIFTY THOUSAND PERSONS SHALL BE ELIGIBLE TO APPLY FOR COMMER-
CIAL REVITALIZATION PLANNING GRANTS FROM THE CORPORATION. SUCH GRANTS
SHALL BE USED FOR THE PLANNING AND ORGANIZATION OF COMMERCIAL REVITALI-
ZATION ACTIVITIES INCLUDING AN ANALYSIS OF THE SPECIFIC NEEDS OF THE
COMMUNITY IN ADDITION TO BOTH SHORT-TERM AND LONG-TERM STRATEGIES FOR
MEETING THOSE NEEDS.
(II) GRANTS MADE UNDER THIS PARAGRAPH SHALL BE LIMITED TO FORTY
PERCENT OF THE ACTUAL COSTS FOR PLANNING AND ORGANIZING OF COMMERCIAL
REVITALIZATION ACTIVITIES, AND SHALL NOT EXCEED FIVE THOUSAND DOLLARS
PER GRANT, PROVIDED, HOWEVER, THAT IN HIGHLY DISTRESSED COMMUNITIES SUCH
GRANTS SHALL BE LIMITED TO SIXTY PERCENT OF SUCH COSTS. NO COMMUNITY
MAY RECEIVE MORE THAN ONE GRANT UNDER THIS PARAGRAPH.
(F) MANAGEMENT ASSISTANCE FOR RURAL COMMUNITIES. (I) NOT-FOR-PROFIT
CORPORATIONS LOCATED WITHIN MUNICIPALITIES WITH POPULATIONS NOT IN
EXCESS OF FIFTY THOUSAND PERSONS SHALL BE ELIGIBLE TO APPLY FOR GRANTS
FOR THE ADMINISTRATION OF COMMERCIAL REVITALIZATION ACTIVITIES IN THEIR
BUSINESS DISTRICTS. PREFERENCE WILL BE GIVEN TO COMMUNITIES WHICH HAVE A
COMPREHENSIVE LOCAL PLAN FOR COMMERCIAL REVITALIZATION.
(II) THE GRANTS AWARDED UNDER THIS PARAGRAPH SHALL BE USED FOR THE
ADMINISTRATIVE COSTS OF A COMMERCIAL REVITALIZATION PROGRAM CONDUCTED BY
AN INDIVIDUAL, HEREINAFTER REFERRED TO AS THE MAIN STREET COORDINATOR,
WHOSE PURPOSE SHALL BE TO COORDINATE THE COMMERCIAL REVITALIZATION
ACTIVITIES OF THE BUSINESS DISTRICT. EACH SUCH GRANT SHALL BE LIMITED
TO FORTY PERCENT OF THE ACTUAL COSTS OF ADMINISTERING SUCH ACTIVITIES BY
THE MAIN STREET COORDINATOR FOR THE FIRST YEAR OF THE GRANT; IN THE
SECOND YEAR OF THE GRANT, SUCH GRANT SHALL BE LIMITED TO THIRTY PERCENT
OF THE ACTUAL COSTS; AND IN THE THIRD YEAR OF THE GRANT, SUCH GRANT
SHALL BE LIMITED TO TWENTY PERCENT OF THE ACTUAL COSTS, EXCEPT THAT FOR
GRANTS MADE TO SUPPORT A MAIN STREET COORDINATOR LOCATED IN A HIGHLY
DISTRESSED AREA, SUCH GRANTS MAY BE INCREASED TO COVER ADDITIONAL COSTS
EQUAL TO TEN PERCENT OF TOTAL COSTS IN EACH YEAR. THE CORPORATION SHALL
DETERMINE THE MAXIMUM DOLLAR AMOUNT PERMISSIBLE FOR EACH SUCH GRANT. NO
ORGANIZATION SHALL BE ELIGIBLE TO APPLY FOR OR RECEIVE SUCH GRANTS AFTER
THE THIRD YEAR OF SUPPORT UNDER THIS SUBDIVISION.
(III) EACH MAIN STREET COORDINATOR WHOSE ADMINISTRATIVE ACTIVITIES ARE
SUPPORTED BY A GRANT AWARDED UNDER THIS PARAGRAPH SHALL SUCCESSFULLY
COMPLETE A TRAINING PROGRAM CONDUCTED BY THE CORPORATION PURSUANT TO
PARAGRAPH (A) OF SUBDIVISION SEVEN OF THIS SECTION.
(G) MANAGEMENT ASSISTANCE FOR URBAN AREAS. (I) NOT-FOR-PROFIT CORPO-
RATIONS LOCATED WITHIN MUNICIPALITIES WITH POPULATIONS IN EXCESS OF
FIFTY THOUSAND PERSONS SHALL BE ELIGIBLE TO APPLY FOR GRANTS FOR THE
ADMINISTRATION OF COMMERCIAL REVITALIZATION ACTIVITIES IN THEIR BUSINESS
DISTRICTS.
S. 1250 5
(II) THE GRANTS AWARDED UNDER THIS SUBDIVISION SHALL BE USED FOR THE
ADMINISTRATIVE COSTS OF A COMMERCIAL REVITALIZATION PROGRAM CONDUCTED BY
AN INDIVIDUAL, HEREINAFTER REFERRED TO AS THE STRIP COORDINATOR, WHOSE
PURPOSE SHALL BE TO COORDINATE THE COMMERCIAL REVITALIZATION ACTIVITIES
OF THE BUSINESS DISTRICT. EACH SUCH GRANT SHALL BE LIMITED TO FORTY
PERCENT OF THE ACTUAL COSTS OF ADMINISTERING SUCH ACTIVITIES BY THE
STRIP COORDINATOR FOR THE FIRST YEAR OF THE GRANT; IN THE SECOND YEAR OF
THE GRANT, SUCH GRANT SHALL BE LIMITED TO THIRTY PERCENT OF THE ACTUAL
COSTS; AND IN THE THIRD YEAR OF THE GRANT, SUCH GRANT SHALL BE LIMITED
TO TWENTY PERCENT OF THE ACTUAL COSTS, EXCEPT THAT FOR GRANTS MADE TO
SUPPORT A MAIN STREET COORDINATOR LOCATED IN A HIGHLY DISTRESSED AREA,
SUCH GRANTS MAY BE INCREASED TO COVER ADDITIONAL COSTS EQUAL TO TEN
PERCENT OF TOTAL COSTS IN EACH YEAR. THE CORPORATION SHALL DETERMINE
THE MAXIMUM DOLLAR AMOUNT PERMISSIBLE FOR EACH SUCH GRANT. NO ORGANIZA-
TION SHALL BE ELIGIBLE TO APPLY FOR OR RECEIVE SUCH GRANTS AFTER THE
THIRD YEAR OF SUPPORT UNDER THIS SUBDIVISION.
(III) EACH STRIP COORDINATOR WHOSE ADMINISTRATIVE ACTIVITIES ARE
SUPPORTED BY A GRANT AWARDED UNDER THIS PARAGRAPH SHALL SUCCESSFULLY
COMPLETE A TRAINING PROGRAM CONDUCTED BY THE CORPORATION PURSUANT TO
PARAGRAPH (A) OF SUBDIVISION SEVEN OF THIS SECTION.
(H) THE CORPORATION SHALL PROVIDE TECHNICAL ASSISTANCE FOR COMMERCIAL
REVITALIZATION PROGRAMS. SUCH ASSISTANCE SHALL INCLUDE ESTABLISHING AND
IMPLEMENTING A TRAINING PROGRAM FOR MAIN STREET COORDINATORS AND STRIP
COORDINATORS. IN ADDITION THE CORPORATION SHALL CONDUCT ON-SITE SURVEYS
OF BUSINESS DISTRICTS IN ECONOMICALLY DISTRESSED AREAS, MONITOR AND
ASSIST COMMUNITIES FORMING BUSINESS IMPROVEMENT DISTRICTS, AND ORGANIZE
AND COORDINATE SEMINARS AND CONFERENCES TO FACILITATE THE EXCHANGE OF
INFORMATION REGARDING COMMERCIAL REVITALIZATION STRATEGIES.
(I) NOTWITHSTANDING ANYTHING CONTAINED TO THE CONTRARY IN THIS SUBDI-
VISION, SECTIONS TEN AND SIXTEEN OF THIS ACT SHALL NOT APPLY TO ANY
GRANTS AUTHORIZED UNDER THIS SUBDIVISION.
(5) URBAN AND COMMUNITY DEVELOPMENT ASSISTANCE GRANTS PROGRAM. (A)
THERE IS HEREBY ESTABLISHED WITHIN THE URBAN AND COMMUNITY DEVELOPMENT
PROGRAM, AN URBAN AND COMMUNITY DEVELOPMENT ASSISTANCE GRANTS PROGRAM
WHICH SHALL BE USED TO PROVIDE SUPPORT TO LOCAL DEVELOPMENT CORPO-
RATIONS, BUSINESS IMPROVEMENT DISTRICTS AND OTHER NOT-FOR-PROFIT ORGAN-
IZATIONS FOR ACTIVITIES SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVISION.
(B) THE CORPORATION SHALL, WITHIN AVAILABLE APPROPRIATIONS, AWARD SUCH
GRANTS TO LOCAL DEVELOPMENT CORPORATIONS, BUSINESS IMPROVEMENT DISTRICTS
AND OTHER NOT-FOR-PROFIT ORGANIZATIONS INVOLVED IN COMMERCIAL REVITALI-
ZATION ACTIVITIES IN CENTRAL BUSINESS DISTRICTS OR COMMERCIAL STRIPS AND
THEIR SURROUNDING AREAS ON A COMPETITIVE BASIS AND IN RESPONSE TO
REQUESTS FOR PROPOSALS THAT SHALL BE DISTRIBUTED TO SUCH ORGANIZATIONS
BY THE CORPORATION FOR THE PURPOSE OF SOLICITING APPLICATIONS.
(C) SUCH ACTIVITIES MAY INCLUDE, BUT NOT BE LIMITED TO:
(I) ARCHITECTURAL DESIGN STUDIES AND SERVICES AND OTHER REDEVELOPMENT
WORK IN CONNECTION WITH THE DESIGN AND IMPLEMENTATION OF A PLAN FOR
FACADE AND OTHER IMPROVEMENTS TO COMMERCIAL STRIPS AND CENTRAL BUSINESS
DISTRICTS THROUGHOUT NEW YORK STATE;
(II) MARKETING AND PROMOTIONAL ACTIVITIES;
(III) JOB PLACEMENT PROGRAMS;
(IV) SECURITY ASSISTANCE;
(V) ENERGY AUDIT PROGRAMS;
(VI) ASSISTANCE IN FORMING BUSINESS IMPROVEMENT DISTRICTS;
(VII) STUDIES, SURVEYS OR REPORTS, INCLUDING FEASIBILITY STUDIES AND
PRELIMINARY PLANNING STUDIES TO:
S. 1250 6
(A) ASSESS A PARTICULAR SITE OR STUDY FOR ANY ECONOMIC DEVELOPMENT
PURPOSE OTHER THAN RESIDENTIAL;
(B) ASSESS THE FEASIBILITY OF ORGANIZING A DISTRICT MANAGEMENT ASSOCI-
ATION FOR A BUSINESS IMPROVEMENT DISTRICT;
(C) IDENTIFY DEVELOPMENT OPPORTUNITIES WITHIN ESTABLISHED BUSINESS
IMPROVEMENT DISTRICTS;
(D) CONDUCT FEASIBILITY OR PLANNING STUDIES IN RELATION TO THE ACQUI-
SITION, CONSTRUCTION, OR RENOVATION OF COMMERCIAL, INDUSTRIAL OR MIXED-
USE FACILITIES OR DEVELOPMENTS; OR
(E) ANALYZING THE SPECIFIC NEEDS OF THE COMMUNITY IN ADDITION TO BOTH
SHORT-TERM AND LONG-TERM STRATEGIES FOR MEETING THOSE NEEDS.
(D) GRANTS MADE UNDER THIS SUBDIVISION SHALL:
(I) NOT BE USED FOR SALARIES, PUBLIC IMPROVEMENTS, OR SERVICES
CURRENTLY PROVIDED BY THE LOCAL OR STATE GOVERNMENT.
(II) BE LIMITED TO FIFTY PERCENT OF THE ACTUAL COST OF THE PROPOSED
ACTIVITIES, AND SHALL NOT EXCEED FORTY THOUSAND DOLLARS PER GRANT,
EXCEPT THAT FOR PROJECTS LOCATED IN EMPIRE ZONES AND THEIR SURROUNDING
AREAS OR IN HIGHLY DISTRESSED AREAS AND THEIR SURROUNDING AREAS SUCH
GRANTS MAY BE MADE FOR UP TO SIXTY PERCENT OF PROJECT COSTS.
(III) BE LIMITED TO ONE PROJECT GRANT PER YEAR UNDER THIS SUBDIVISION
FOR ANY ONE ELIGIBLE NOT-FOR-PROFIT CORPORATION.
(E) GRANTS MADE PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (C) OF THIS
SUBDIVISION MAY INCLUDE MONIES AVAILABLE FOR INDIVIDUAL PROPERTY OWNERS
AND/OR TENANTS WHO AGREE TO IMPROVE THEIR PROPERTY IN ACCORDANCE WITH A
FEASIBLE DESIGN PLAN, PROVIDED THAT, SUCH INDIVIDUAL PROPERTY OWNERS
AND/OR TENANTS MATCH THE AMOUNT OF ANY GRANT AWARDED TO THEM.
(F) TO BE ELIGIBLE FOR GRANTS UNDER THIS SUBDIVISION, APPLICANTS SHALL
BE REQUIRED TO DEMONSTRATE THE EXISTENCE OF EFFECTIVE COMMERCIAL REVI-
TALIZATION MANAGEMENT IN THE BUSINESS DISTRICT OR COMMERCIAL STRIP WHERE
APPROPRIATE.
(G) NOTWITHSTANDING ANYTHING CONTAINED TO THE CONTRARY IN THIS SUBDI-
VISION, SECTION SIXTEEN OF THIS ACT SHALL NOT APPLY TO ANY GRANTS
AUTHORIZED UNDER SUBPARAGRAPH (I) OF PARAGRAPH (C) OF THIS SUBDIVISION,
AND SECTION TEN AND SUBDIVISION TWO OF SECTION SIXTEEN OF THIS ACT SHALL
NOT APPLY TO SUBPARAGRAPHS (II) THROUGH (VII) OF PARAGRAPH (C) OF THIS
SUBDIVISION.
(6) URBAN AND COMMUNITY PROJECT DEVELOPMENT PROGRAM. (A) THERE IS
HEREBY ESTABLISHED WITHIN THE URBAN AND COMMUNITY DEVELOPMENT PROGRAM AN
URBAN AND COMMUNITY PROJECT DEVELOPMENT PROGRAM WHICH SHALL BE USED TO
PROVIDE LOANS FOR PROJECTS AS SET FORTH IN PARAGRAPH (B) OF THIS SUBDI-
VISION, AND TO PROVIDE PROJECT DEVELOPMENT ASSISTANCE BY THE CORPORATION
ACTING AS A PROJECT DEVELOPER PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVI-
SION.
(B) PROJECT DEVELOPMENT LOANS. (I) THE CORPORATION MAY MAKE LOANS FOR
DEVELOPMENT IN CENTRAL BUSINESS DISTRICTS AND COMMERCIAL STRIPS LOCATED
IN EMPIRE ZONES DESIGNATED PURSUANT TO ARTICLE EIGHTEEN-B OF THE GENERAL
MUNICIPAL LAW, AND THEIR SURROUNDING AREAS, OR IN HIGHLY DISTRESSED
AREAS, AND THEIR SURROUNDING AREAS, FOR THE ACQUISITION, RENOVATION,
AND CONSTRUCTION OF DEVELOPMENT PROJECTS, OTHER THAN RESIDENTIAL
PROJECTS, AUTHORIZED PURSUANT TO AND IN ACCORDANCE WITH THE PROVISIONS
OF THIS ACT AND FOR WHICH NO OTHER FUNDS OF THE CORPORATION ARE AVAIL-
ABLE WITH THE EXCEPTION OF ANY APPROPRIATION MADE FOR THIS PROGRAM.
(II) SUCH PROJECTS SHALL BE RELATED TO THE IMPLEMENTATION OF NECESSARY
CONSTRUCTION AND RECONSTRUCTION PROJECTS IDENTIFIED OR PLANNED UNDER
GRANTS RECEIVED PURSUANT TO SUBPARAGRAPHS (I) AND (VII) OF PARAGRAPH (C)
OF SUBDIVISION FIVE OF THIS SECTION.
S. 1250 7
(III) LOANS MADE TO DEVELOPERS FOR SUCH CONSTRUCTION OR RECONSTRUCTION
SHALL NOT EXCEED FIFTY PERCENT OF TOTAL PROJECT COSTS AND SHALL BE
LOCATED IN EMPIRE ZONES DESIGNATED PURSUANT TO ARTICLE EIGHTEEN-B OF THE
GENERAL MUNICIPAL LAW OR IN HIGHLY DISTRESSED COMMUNITIES, AND THEIR
SURROUNDING AREAS.
(IV) PROJECTS INTENDED TO BE PUBLICLY-OWNED SHALL NOT BE ELIGIBLE FOR
FINANCIAL ASSISTANCE IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION OR
RENOVATION OF A FACILITY OR DEVELOPMENT HEREUNDER UNLESS SUCH PROJECT IS
LEASED TO A PRIVATE ENTERPRISE.
(C) PROJECT DEVELOPMENT ASSISTANCE. (I) THE CORPORATION MAY ACT AS
DEVELOPER IN THE ACQUISITION, RENOVATION, CONSTRUCTION, LEASING OR SALE
OF DEVELOPMENT PROJECTS, OTHER THAN RESIDENTIAL PROJECTS, AUTHORIZED
PURSUANT TO THIS ACT IN ORDER TO STIMULATE THE DEVELOPMENT OF COMMUNI-
TIES.
(II) IN ACTING AS A DEVELOPER, THE CORPORATION MAY BORROW FOR
PURPOSES OF THIS PARAGRAPH FOR APPROVED PROJECTS IN WHICH THE LENDER'S
RECOURSE IS SOLELY TO THE ASSETS OF THE PROJECT, AND MAY MAKE SUCH
ARRANGEMENTS AND AGREEMENTS WITH COMMUNITY-BASED ORGANIZATIONS AND LOCAL
DEVELOPMENT CORPORATIONS AS REQUIRED TO CARRY OUT THE PURPOSE OF THIS
SECTION.
(III) PRIOR TO DEVELOPING ANY SUCH PROJECT, THE CORPORATION SHALL
SECURE A FIRM COMMITMENT FROM ENTITIES, INDEPENDENT OF THE CORPORATION,
FOR EITHER PURCHASE OR LEASE OF SUCH PROJECTS.
(IV) PROJECTS AUTHORIZED UNDER THIS PARAGRAPH WHETHER DEVELOPED BY
THE CORPORATION OR A PRIVATE DEVELOPER, MUST BE LOCATED IN EITHER
STATE-DESIGNATED EMPIRE ZONES OR IN HIGHLY DISTRESSED COMMUNITIES.
(V) THE CORPORATION, FOR PURPOSES OF THIS PARAGRAPH SHALL ONLY SELECT
PROJECTS THAT HAVE PROJECT COSTS ESTIMATED TO BE BETWEEN ONE MILLION
DOLLARS AND THREE MILLION DOLLARS OF WHICH THE CORPORATION'S PARTIC-
IPATION SHALL NOT EXCEED SIXTY PERCENT OF THE TOTAL AND FOR WHICH THERE
IS AN ECONOMIC DEMAND FOR THE PROJECT IN THE PARTICULAR COMMUNITY.
(D) THE CORPORATION SHALL SELECT POTENTIAL PROJECTS UNDER THIS SUBDI-
VISION THROUGH A COMPETITIVE PROCESS SUCH AS A REQUEST FOR PROPOSAL
PROCESS DISTRIBUTED TO LOCAL DEVELOPMENT CORPORATIONS AND OTHERS IN SUCH
COMMUNITIES.
(E) THE CORPORATION SHALL:
(I) DETERMINE WHETHER A FEASIBILITY STUDY IS NECESSARY TO FURTHER
ANALYZE SELECTED PROJECTS;
(II) RECOMMEND APPLICATION OF SUCH PROJECTS TO THE URBAN AND COMMUNITY
DEVELOPMENT ASSISTANCE GRANTS PROGRAM PURSUANT TO SUBDIVISION FIVE OF
THIS SECTION FOR FUNDING, IF APPROPRIATE, OR CONDUCT A FEASIBILITY ANAL-
YSIS ITSELF; AND
(III) IN ACCORDANCE WITH RULES AND REGULATIONS TO BE PROMULGATED BY
THE CORPORATION, DETERMINE WHICH PROJECTS WILL BE DEVELOPED.
(7) URBAN AND COMMUNITY TRAINING AND TECHNICAL ASSISTANCE PROGRAM.
THERE IS HEREBY ESTABLISHED WITHIN THE URBAN AND COMMUNITY DEVELOPMENT
PROGRAM AN URBAN AND COMMUNITY TRAINING AND TECHNICAL ASSISTANCE
PROGRAM. THE CORPORATION SHALL, FROM APPROPRIATIONS MADE AVAILABLE FOR
THESE PURPOSES:
(A) PROVIDE TECHNICAL ASSISTANCE FOR COMMERCIAL REVITALIZATION
PROGRAMS, INCLUDING ESTABLISHING AND IMPLEMENTING A TRAINING PROGRAM FOR
BUSINESS DISTRICT STREET COORDINATORS, WHO REQUEST OR WHO ARE REQUESTED
BY THE CORPORATION, TO UNDERGO SUCH TRAINING PURSUANT TO SUBDIVISION
FOUR OF THIS SECTION.
(B) CONDUCT ON-SITE SURVEYS OF BUSINESS DISTRICTS IN ECONOMICALLY
DISTRESSED AREAS, MONITOR AND ASSIST COMMUNITIES FORMING BUSINESS
S. 1250 8
IMPROVEMENT DISTRICTS, AND ORGANIZE AND COORDINATE SEMINARS AND CONFER-
ENCES TO FACILITATE THE EXCHANGE OF INFORMATION REGARDING COMMERCIAL
REVITALIZATION STRATEGIES.
(C) DEVELOP THE CAPACITY OF URBAN AND COMMUNITY ORGANIZATIONS TO
UNDERTAKE ECONOMIC DEVELOPMENT INITIATIVES THROUGH:
(I) CONDUCTING OUTREACH TO COMMUNITIES IN AREAS WHERE LITTLE, IF ANY,
ECONOMIC DEVELOPMENT CAPACITY EXISTS, INCLUDING UNDERTAKING, WHERE NEED-
ED, PROJECT PLANNING AND MANAGEMENT FOR SUCH COMMUNITIES TO IMPLEMENT
SPECIFIC PROJECTS.
(II) PROVIDING ASSISTANCE TO SUCH COMMUNITIES, WHERE NECESSARY, IN
ORGANIZING FOR ECONOMIC DEVELOPMENT, ANALYZING POTENTIAL DEVELOPMENT
OPPORTUNITIES OR OBSTACLES TO DEVELOPMENT, AND DEVELOPING ECONOMIC
DEVELOPMENT STRATEGIES.
(III) PROVIDING TRAINING AND TECHNICAL AND FINANCIAL PACKAGING ASSIST-
ANCE TO NOT-FOR-PROFIT COMMUNITY DEVELOPMENT AND ECONOMIC DEVELOPMENT
ORGANIZATIONS, EITHER DIRECTLY BY THE CORPORATION, INCLUDING THE DEPLOY-
MENT OF CIRCUIT RIDERS TO PROVIDE ONGOING ASSISTANCE, AND THROUGH GRANTS
TO NOT-FOR-PROFIT THIRD PARTY PROVIDERS OF SUCH SERVICES.
(IV) CONTRACTING WITH NOT-FOR-PROFIT THIRD PARTIES FOR THE PURPOSE OF
PROVIDING TECHNICAL ASSISTANCE TO MUNICIPALITIES, NOT-FOR-PROFIT ORGAN-
IZATIONS, LOCAL DEVELOPMENT CORPORATIONS, LOCAL EMPIRE ZONE ADMINISTRA-
TIVE BOARDS, OR BUSINESS IMPROVEMENT DISTRICTS TO ANALYZE POTENTIAL
DEVELOPMENT OPPORTUNITIES OR OBSTACLES.
(V) ESTABLISH A COMMUNITY REVITALIZATION ECONOMIC SELF-HELP PROGRAM TO
ASSIST PUBLIC OFFICIALS, COMMUNITY LEADERS, ECONOMIC DEVELOPMENT AND
COMMUNITY GROUPS TO UNDERTAKE AN ECONOMIC DEVELOPMENT PLANNING PROCESS
AND TO ORGANIZE FOR ECONOMIC DEVELOPMENT.
(A) ELIGIBLE APPLICANTS FOR ASSISTANCE UNDER THIS PARAGRAPH SHALL
CONSIST OF A MUNICIPALITY OR A CONSORTIUM OF MUNICIPALITIES FROM A
REGION OF THE STATE, SUCH REGIONS AS ESTABLISHED BY THE COMMISSIONER OF
THE DEPARTMENT OF ECONOMIC DEVELOPMENT PURSUANT TO SECTION TWO HUNDRED
THIRTY OF THE ECONOMIC DEVELOPMENT LAW.
(B) EACH TRAINING PROGRAM SHALL REQUIRE EACH PARTICIPATING MUNICI-
PALITY TO:
(1) ESTABLISH AN ECONOMIC DEVELOPMENT PLANNING GROUP;
(2) UNDERTAKE A COMMUNITY PROFILE AND NEEDS ASSESSMENT;
(3) UNDERTAKE LABOR MARKET AND RESOURCE SURVEYS; AND
(4) PRODUCE A FIVE-YEAR STRATEGIC PLAN AND A ONE-YEAR WORK PROGRAM.
(C) REQUESTS FROM MUNICIPALITIES OR CONSORTIA OF MUNICIPALITIES FOR
TECHNICAL ASSISTANCE UNDER THIS SECTION SHALL BE MADE DIRECTLY TO THE
CORPORATION OR THROUGH THE REGIONAL OFFICES OF THE DEPARTMENT OF ECONOM-
IC DEVELOPMENT.
(D) THE CORPORATION IS AUTHORIZED TO ENTER INTO COOPERATIVE AGREE-
MENTS WITH STATEWIDE AND REGIONAL ECONOMIC DEVELOPMENT ORGANIZATIONS IN
NEW YORK STATE, ACTING AS CONSULTANTS, TO CONDUCT JOINT TRAINING
PROGRAMS TO TRAIN AND EDUCATE LOCAL OFFICIALS AND ECONOMIC DEVELOPMENT
PRACTITIONERS PURSUANT TO THIS PARAGRAPH. ANY CONTRACT FOR SERVICES WITH
SUCH ORGANIZATIONS SHALL NOT EXCEED THE SUM OF FIFTY THOUSAND DOLLARS
FOR THE CONDUCT OF EACH TRAINING PROGRAM.
(E) PARTICIPATING MUNICIPALITIES SHALL BE REQUIRED TO PROVIDE MATCHING
FUNDS IN AN AMOUNT AT LEAST EQUAL TO ANY FUNDS PROVIDED BY THE CORPO-
RATION UNDER SUBDIVISION FOUR OF THIS SECTION.
(F) THE CORPORATION SHALL, FOR ASSISTANCE PROVIDED IN THIS PROGRAM,
DEVELOP AND USE STANDARD PROJECT PROGRAM APPLICATIONS PURSUANT TO RULES
AND REGULATIONS, WHICH SHALL BE PROMULGATED BY THE CORPORATION IN
ACCORDANCE WITH THE STATE ADMINISTRATIVE PROCEDURE ACT. RULES AND REGU-
S. 1250 9
LATIONS SHALL BE CONSISTENT WITH THE PROGRAM PLAN REQUIRED BY SUBDIVI-
SION NINETEEN OF SECTION ONE HUNDRED OF THE ECONOMIC DEVELOPMENT LAW.
(8) THE DIRECTOR OF THE BUDGET SHALL NOT ISSUE ANY CERTIFICATE OF
APPROVAL OF AVAILABILITY UNTIL THE CORPORATION HAS ENTERED INTO A WRIT-
TEN MASTER AGREEMENT WITH THE DIRECTOR OF THE BUDGET PROVIDING FOR
REPAYMENT BY SUCH CORPORATION TO THE STATE OF NEW YORK OF ALL AMOUNTS
EXPENDED BY THE STATE FROM SUCH APPROPRIATION FOR LOANS, ON TERMS WHICH
MAY INCLUDE INTEREST THEREON AT A RATE PER ANNUM TO BE DETERMINED BY THE
DIRECTOR OF THE BUDGET AND A COPY OF SUCH AGREEMENT SHALL BE FILED WITH
THE STATE COMPTROLLER, THE CHAIRMAN OF THE SENATE FINANCE COMMITTEE AND
THE CHAIRMAN OF THE ASSEMBLY WAYS AND MEANS COMMITTEE.
(9) THE STATE COMPTROLLER IS HEREBY AUTHORIZED TO RECEIVE FROM THE
CORPORATION REIMBURSEMENT OF MONEYS EXPENDED FROM THIS APPROPRIATION AND
TO DEPOSIT THE SAME TO THE CREDIT OF THE CAPITAL PROJECTS FUND.
(10) THE CORPORATION SHALL STREAMLINE THE REVIEW AND APPROVAL PROCESS
FOR PROJECTS AND WHEREVER POSSIBLE STANDARDIZE ALL RELEVANT ATTENDANT
DOCUMENTATION AND LEGAL DOCUMENTS.
(11) NOTWITHSTANDING THE PROVISIONS OF SECTION FORTY-A OF THE STATE
FINANCE LAW AND ANY OTHER GENERAL OR SPECIAL LAW, SUCH WRITTEN AGREEMENT
SHALL NOT REQUIRE REPAYMENT AT ANY TIME OR ON ANY TERMS INCONSISTENT
WITH THE PROVISIONS OF THIS ACT OR THE NEW YORK STATE PROJECT FINANCE
AGENCY ACT. EXCEPT, HOWEVER, THAT THE CORPORATION MAY MAKE GRANTS TO
PROJECTS USING FUNDS APPROPRIATED FOR THIS PURPOSE AND THAT THE REPAY-
MENT PROVISION MAY NOT APPLY TO SUCH GRANTS.
(12) REPORT. THE CORPORATION SHALL: (A) MONITOR THE PERFORMANCE OF
EACH RECIPIENT OF A GRANT OR CONTRACT UNDER THE PROVISIONS OF THIS ARTI-
CLE AND REQUIRE PERIODIC AND ANNUAL REPORTS FROM EACH SUCH RECIPIENT AT
SUCH TIME AND IN SUCH A MANNER AS PRESCRIBED BY THE CHAIRMAN.
(B) EVALUATE THE URBAN AND COMMUNITY ECONOMIC DEVELOPMENT PROGRAM
REPORT, ON OR BEFORE OCTOBER FIRST NEXT SUCCEEDING THE EFFECTIVE DATE OF
THIS SUBDIVISION, AND ON OR BEFORE EACH OCTOBER FIRST THEREAFTER, THE
RESULTS OF SUCH EVALUATION TO THE GOVERNOR AND THE LEGISLATURE. SUCH
REPORT SHALL DISCUSS THE VARIETY AND TYPES OF PROGRAMS SUPPORTED BY THE
CORPORATION UNDER THIS PROGRAM; AND, AS APPROPRIATE, THE EXTENT TO WHICH
THE PROGRAM HAS SERVED TO CREATE AND MAINTAIN JOBS; THE EXTENT TO WHICH
THE PROGRAM HAS HELPED TO INCREASE THE VITALITY OF LOCAL COMMUNITIES;
THE EXTENT TO WHICH THE PROGRAM IS COORDINATED WITH OTHER RELATED STATE
AND LOCAL ASSISTANCE PROGRAMS; THE EXTENT TO WHICH THE PROGRAM SERVES
MINORITIES AND WOMEN; THE EXTENT TO WHICH THE PROGRAM SERVES URBAN AND
RURAL AREAS; THE EXTENT TO WHICH THE PROGRAM SERVES ECONOMICALLY
DISTRESSED AND HIGHLY DISTRESSED AREAS; THE EXTENT TO WHICH THE PROGRAM
HAS HELPED TO INCREASE THE CAPACITY OF LOCAL GOVERNMENTS AND ORGANIZA-
TIONS TO UNDERTAKE ECONOMIC DEVELOPMENT ACTIVITIES; AND SUCH OTHER
COMPONENTS AS THE COMMISSIONER SHALL DEEM APPROPRIATE; AND SHALL RECOM-
MEND CHANGES AND IMPROVEMENTS IN THE PROGRAM.
(C) SUBMIT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY AND THE TEMPO-
RARY PRESIDENT OF THE SENATE, AN EVALUATION OF PROGRAM EFFECTIVENESS
PREPARED BY AN ENTITY INDEPENDENT OF THE DEPARTMENT. SUCH EVALUATION
SHALL BE SUBMITTED BY OCTOBER FIRST TWO YEARS AFTER THE EFFECTIVE DATE
OF THIS SUBDIVISION AND SHALL INCLUDE, BUT NOT BE LIMITED TO, INFORMA-
TION ON AND ASSESSMENT OF THE COMPONENTS REQUIRED TO BE INCLUDED IN THE
ANNUAL REPORT OF THE CORPORATION, PURSUANT TO THIS SUBDIVISION.
S 4. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.