S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8537
 
                           I N  A S S E M B L Y
 
                              January 8, 2024
                                ___________
 
 Introduced by M. of A. HUNTER -- read once and referred to the Committee
   on Banks
 
 AN ACT to amend the banking law and the New York state urban development
   corporation act, in relation to the capital access program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
   Section 1. Paragraph (b) of subdivision 1 of section 212 of the  bank-
 ing  law, as amended by a chapter of the laws of 2023 amending the bank-
 ing law and the New York state urban development corporation act  relat-
 ing  to  the  capital  access  program, as proposed in legislative bills
 numbers S. 1690-A and A. 6716-A, is amended to read as follows:
   (b) The corporation shall undertake the following programs in further-
 ance  of  the  above  objectives:  (i)  establish  regional  offices  at
 locations  throughout  New  York,  with  sufficient  staffing to advise,
 develop and package financial assistance  for  small  and  medium  sized
 businesses;  (ii)  develop  a comprehensive outreach program to increase
 the visibility and awareness of the  corporation's  programs,  including
 allocating  budget and staff to establish and maintain an aggressive and
 extensive marketing program of the corporation's program  of  assistance
 to small and medium sized businesses, providing for specific outreach to
 minority  and  [women  owned] WOMEN-OWNED enterprises, and entering into
 cooperative relationships with local chambers of commerce, local  devel-
 opment  agencies,  local  development  corporations  and other community
 based financial intermediaries as set forth in subdivision three of this
 section; (iii) establish and operate, or affiliate with a small business
 investment company and a specialized small business investment  company;
 (iv)  establish  a  pilot export financing program, using personnel from
 the private sector, to evaluate  whether  the  corporation  can  play  a
 significant  role  in the growth of the export industry in the state and
 (v) establish a program in cooperation with the empire state development
 corporation that shall focus  on  small  businesses  located  in  highly
 distressed  areas  and  minority  and  women-owned  business enterprises
 (MWBEs) as such designations are defined by [the regulations of] the New
 York state urban development corporation act, through which  the  corpo-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              
             
                          
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 A. 8537                             2
 
 ration  shall  be  authorized to:   (A) act as third-party agent for the
 capital access program established by section sixteen-k of  section  one
 of  chapter  one  hundred  seventy-four  of the laws of nineteen hundred
 sixty-eight,  constituting  the  urban  development corporation act; (B)
 process, fund and approve qualifying program loans made  by  the  corpo-
 ration  or  a  participating  financial  institution pursuant to section
 sixteen-k of section one of chapter one hundred seventy-four of the laws
 of nineteen hundred  sixty-eight,  constituting  the  urban  development
 corporation  act;  (C)  maintain  and  service a portfolio of qualifying
 loans made pursuant to the capital access program;  and  (D)  engage  in
 outreach  and  marketing to financial institutions to increase awareness
 of the program established  under  this  subparagraph.  The  corporation
 shall  undertake  the  programs  enumerated  herein at such times as its
 board of directors determines that the corporation's  capital  base  and
 available  funds  are adequate to support the operation of such program.
 The programs enumerated herein may be modified by the corporation as may
 be necessary to meet the changing  needs  of  the  state's  economy,  as
 determined by the board of directors.
   §  2.  Paragraph  (b) of subdivision 3 of section 16-k of section 1 of
 chapter 174 of the laws of 1968, constituting the New York  state  urban
 development corporation act, as amended by a chapter of the laws of 2023
 amending the banking law and the New York state urban development corpo-
 ration act relating to the capital access program, as proposed in legis-
 lative  bills  numbers  S.  1690-A  and A. 6716-A, is amended to read as
 follows:
   (b) Any contract entered into pursuant to subparagraph  (i)  of  para-
 graph (a) of this subdivision shall:
   (i)  be  for  a  period of two years and shall be renewed for an addi-
 tional two year period subject to requirements of subparagraph  (ii)  of
 paragraph (a) of this subdivision;
   (ii) provide for compensation for expenses incurred by the third party
 agent  in  connection  with  its  services  as  agent and for such other
 services as the NEW  YORK  BUSINESS  DEVELOPMENT  corporation  may  deem
 appropriate  including,  but  not  limited  to  the use of the premises,
 personnel and personal property of the third party agent; AND
   (iii) notwithstanding any law, rule or regulation to the contrary, use
 the GUIDELINES, RELATED TO, BUT NOT LIMITED  TO  underwriting  standards
 provided  for  in  subdivision four of this section to evaluate applica-
 tions for loans pursuant to the program filed by a minority  and  women-
 owned business [enterprise] ENTERPRISES, or a small business whose prin-
 cipal place of business is in a highly distressed area[;
   (iv)  provide  for the development of an integrated web portal for the
 third-party agent which enables access by minority and women-owned busi-
 ness enterprises and small businesses  in  highly  distressed  areas  to
 obtain  information  on  the  capital  access loan program including the
 ability to make application  and  to  receive  approval  for  such  loan
 online; and
   (v)  provide  funding  for  marketing  to  the third-party agent to be
 directed to potential loan recipients and to financial  institutions  to
 increase  awareness  participation  and  referrals to the capital access
 loan program].
   § 3. Subdivision 3 of section 16-k of section 1 of chapter 174 of  the
 laws  of  1968, constituting the New York state urban development corpo-
 ration act, is amended by adding a new paragraph (c) to read as follows:
   (C) THE CORPORATION, AND ANY THIRD PARTY IT CONTRACTS WITH PURSUANT TO
 PARAGRAPH (A) OF THIS SUBDIVISION,  SHALL  COLLABORATE,  TO  THE  EXTENT
 A. 8537                             3
 
 PRACTICABLE,  TO INCREASE MINORITY AND WOMEN-OWNED BUSINESSES' AND SMALL
 BUSINESSES' WHOSE PRINCIPAL PLACE OF BUSINESS IS IN A HIGHLY  DISTRESSED
 AREA,  AWARENESS  OF,  PARTICIPATION  IN,  AND  REFERRALS TO THE CAPITAL
 ACCESS LOAN PROGRAM.
   §  4. Subdivision 4 of section 16-k of section 1 of chapter 174 of the
 laws of 1968, constituting the New York state urban  development  corpo-
 ration act, as added by a chapter of the laws of 2023 amending the bank-
 ing  law and the New York state urban development corporation act relat-
 ing to the capital access program,  as  proposed  in  legislative  bills
 numbers S. 1690-A and A. 6716-A, is amended to read as follows:
   4.  Notwithstanding  any  law, rule or regulation to the contrary, the
 department of financial services, the empire  state  development  corpo-
 ration  and  the New York business development corporation, IN CONSULTA-
 TION WITH RELEVANT STAKEHOLDERS, shall jointly  establish  [underwriting
 standards]  GUIDELINES  RELATING  TO,  BUT  NOT LIMITED TO, UNDERWRITING
 STANDARDS to assist minority and women-owned  business  enterprises  and
 small businesses in highly distressed areas IN ACCESSING AND PARTICIPAT-
 ING  IN  THE  CAPITAL ACCESS PROGRAM. In addition to other factors, such
 [standards] GUIDELINES should incorporate verifiable  alternative  indi-
 cations  AND BEST PRACTICES of creditworthiness presented or made avail-
 able by the applicant.
   § 5. This act shall take effect on the  same  date  and  in  the  same
 manner as a chapter of the laws of 2023 amending the banking law and the
 New York state urban development corporation act relating to the capital
 access  program,  as proposed in legislative bills numbers S. 1690-A and
 A.  6716-A, takes effect.