S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1690--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Banks -- reported  favora-
   bly  from  said committee and committed to the Committee on Finance --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 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 chapter 1 of the laws of 1994, 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  enterprises,  and  entering  into  cooperative
 relationships  with  local chambers of commerce, local development agen-
 cies, 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; [and]  (iv)
 establish  a  pilot  export  financing program, using personnel from the
 private sector, to evaluate whether the corporation can play  a  signif-
 icant  role  in  the  growth of the export industry in the state AND (V)
 ESTABLISH A PROGRAM IN COOPERATION WITH  THE  EMPIRE  STATE  DEVELOPMENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05985-02-3
              

 S. 1690--A                          2
 
 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-
 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 chapter 103 of the laws of
 2011, 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; [and]
   (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 corporation may  deem  appropriate  including,  but  not
 limited  to  the use of the premises, personnel and personal property of
 the third party agent;
   (III) NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, USE
 THE UNDERWRITING STANDARDS PROVIDED FOR  IN  SUBDIVISION  FOUR  OF  THIS
 SECTION TO EVALUATE APPLICATIONS FOR LOANS PURSUANT TO THE PROGRAM FILED
 BY  A  MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE, OR A SMALL BUSINESS
 WHOSE PRINCIPAL 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.  Section  16-k  of section 1 of chapter 174 of the laws of 1968,
 constituting the New York state urban development  corporation  act,  is
 amended by adding two new subdivisions 4 and 5 to read as follows:
   4.  NOTWITHSTANDING  ANY  LAW, RULE OR REGULATION TO THE CONTRARY, THE
 DEPARTMENT OF FINANCIAL SERVICES, THE EMPIRE  STATE  DEVELOPMENT  CORPO-
 S. 1690--A                          3
 
 RATION  AND  THE NEW YORK BUSINESS DEVELOPMENT CORPORATION SHALL JOINTLY
 ESTABLISH UNDERWRITING STANDARDS  TO  ASSIST  MINORITY  AND  WOMEN-OWNED
 BUSINESS ENTERPRISES AND SMALL BUSINESSES IN HIGHLY DISTRESSED AREAS. IN
 ADDITION  TO OTHER FACTORS, SUCH STANDARDS SHOULD INCORPORATE VERIFIABLE
 ALTERNATIVE INDICATIONS OF CREDITWORTHINESS PRESENTED OR MADE  AVAILABLE
 BY THE APPLICANT.
   5.  PURSUANT  TO SUBPARAGRAPH (V) OF PARAGRAPH (B) OF SUBDIVISION 1 OF
 SECTION 212 OF THE BANKING LAW, THE NEW YORK BUSINESS DEVELOPMENT CORPO-
 RATION AND THE EMPIRE STATE DEVELOPMENT CORPORATION SHALL ENTER INTO  AN
 AGREEMENT  PURSUANT  TO  WHICH  THE NEW YORK BUSINESS DEVELOPMENT CORPO-
 RATION SHALL AUTHORIZE, MAINTAIN AND ADMINISTER THE PROGRAM  ESTABLISHED
 IN SUCH SUBPARAGRAPH.
   § 4. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.