senate Bill S1530

2011-2012 Legislative Session

Relates to blighted property and blighted areas; repealer

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to corporations, authorities and commissions
Jan 10, 2011 referred to corporations, authorities and commissions

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S1530 - Bill Details

See Assembly Version of this Bill:
A332
Current Committee:
Senate Corporations, Authorities And Commissions
Law Section:
New York State Urban Development Corporation Act
Laws Affected:
Amd §§2 & 10, rpld & add §3 sub 12, UDC Act
Versions Introduced in 2009-2010 Legislative Session:
S7268, A10460

S1530 - Bill Texts

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Establishes what is and what is not blighted property and blighted areas.

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BILL NUMBER:S1530

TITLE OF BILL:
An act
to amend the economic development law, the public
authorities law and the
New York state urban development corporation act, in relation to
providing a preference to small businesses and entrepreneurs in the
award of state economic development assistance

PURPOSE OR GENERAL IDEA OF BILL:
To require that State economic development agencies give preference to
the small businesses and entrepreneurs in the award of State economic
development assistance.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would direct the Department of Economic Development, the Job
Development Authority, the New York State Office of Science,
Technology and Academic Research and the Urban Development
Corporation to give preference to small businesses and entrepreneurs
seeking State economic development funds.

This bill would require that within each statutory economic
development program, the State agency or authority actively market
the program to
small businesses and entrepreneurs, assist small businesses and
entrepreneurs in accessing the program, and in the review of
applications for program funds, give priority to those applications
from small businesses and entrepreneurs. The bill would also require
each State economic development agency to report annually on
activities undertaken to provide small businesses and entrepreneurs
with a preference in the award of funds, and to list those businesses
and entrepreneurs.

This bill would amend the economic development law, the public
authorities law with respect to the Job Development Authority and the
New York State Office of Science, Technology and Academic Research
and the Urban Development Corporation Act.

JUSTIFICATION:
Small businesses and entrepreneurs create eight out of every ten new
jobs in New York State. Although many State economic development
Programs have been created specifically to assist small businesses
and entrepreneurs in creating or retaining jobs, in reality larger
businesses often have a competitive advantage in accessing State
assistance,
with greater levels of resources and in-house expertise. Often times
state economic development agencies also display a clear preference
for larger, higher-profile capital projects at the expense of small
business formation and growth.

This bill would vest each State economic development agency and each
State economic development program with the mission of ensuring that
small businesses and entrepreneurs are provided with the information
and assistance they require accessing every state economic
development program. The bill would also direct each state economic
development agency to evaluate applications for financial assistance
with the goal
of ensuring that small businesses and entrepreneurs receive priority
consideration in the award of limited state funds.

By establishing a clear preference in the award of State economic
development funds to small businesses and entrepreneurs, the state
may more
effectively target its limited economic development resources to those
businesses in greatest need of assistance and with greatest job
creation potential.

PRIOR LEGISLATIVE HISTORY:
2004: Senate Commerce Cmte./Passed Assembly
2005-06: Senate Commerce Cmte./Passed Assembly
2007-08: Passed Senate/Passed Assembly
2009-10: S.3802 Commerce, Economic Development & Small Business Cmte.
2011-12: S.4410 Passed Senate 2011; Committed to Rules in 2012 /
Assembly Ways and Means

FISCAL IMPLICATIONS:
No fiscal implications have been identified.

EFFECTIVE DATE: Immediately

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1530

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced  by  Sen. PERKINS -- 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  blighted  property  and  blighted  areas;  and to repeal
  certain provisions of such act relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 2 of section 1 of chapter 174 of the laws of 1968,
constituting  the  New York state urban development corporation act, the
ninth undesignated paragraph as added by chapter 280 of the laws of 1984
and the tenth undesignated paragraph as amended by chapter  747  of  the
laws of 2005, is amended to read as follows:
  S  2.  Statement  of  legislative  findings and purposes. It is hereby
found and declared that there exists in [urban] SOME areas of this state
a condition of substantial and persistent unemployment and  underemploy-
ment  which  causes  hardship  to  many individuals and families, wastes
vital human resources, increases the public assistance  burdens  of  the
state  and municipalities, impairs the security of family life, contrib-
utes to the growth of crime and delinquency, prevents many of our  youth
from  finishing  their  [educations] EDUCATION, impedes the economic and
physical development of municipalities and adversely affects the welfare
and prosperity of all the people of the  state.  [Many  existing  indus-
trial,  manufacturing  and commercial facilities in such urban areas are
obsolete and inefficient, dilapidated, and without adequate mass  trans-
portation  facilities  and  public services. Many of such facilities are
underutilized or in the process of being  vacated,  creating  additional
unemployment.  Technological advances and the provision of modern, effi-
cient facilities in other states will speed the obsolescence  and  aban-
donment  of existing facilities causing serious injury to the economy of
the state. Many  existing  and  planned  industrial,  manufacturing  and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00888-01-1

S. 1530                             2

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.
  It  is  hereby  declared  to  be  the policy of the state to promote a
vigorous and growing economy, to  prevent  economic  stagnation  and  to

S. 1530                             3

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
DEVELOPMENT  THAT  IS ACCESSIBLE AND INVITING TO PEDESTRIANS, BICYCLISTS
AND TRANSIT USERS, AND TO DISCOURAGE  DEVELOPMENT  THAT  IS  RELIANT  ON

S. 1530                             4

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,
reconstruction  and  rehabilitation  of such substandard and insanitary]
REDEVELOPMENT OF BLIGHTED areas; and the provision of adequate, safe and

S. 1530                             5

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
OF VIOLATION FROM THE APPROPRIATE GOVERNING BODY AND HAS TAKEN STEPS  TO
REMEDY THE VIOLATION.

S. 1530                             6

  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
acquisition, construction, reconstruction, rehabilitation or improvement
of a project unless the corporation finds:

S. 1530                             7

  (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;
  (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:

S. 1530                             8

  (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
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

S. 1530                             9

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.

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