Legislation

Search OpenLegislation Statutes
This entry was published on 2018-12-14
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 16-D
Urban and community development program
Urban Development Corporation Act 174/68 (UDA) CHAPTER INTRO
§ 16-d. Urban and community development program. (1) Definitions. For
the purposes of this section:

(a) "Business improvement district" shall mean a special assessment
district established pursuant to article nineteen-A of the general
municipal law.

(b) "Business district" or "central business district" shall mean the
central district of a municipality or neighborhood area traditionally
used for commercial purposes.

(c) "Commercial strip" shall mean a predominantly commercial area
traditionally used for commercial purposes which may not be the primary
business district and which is one of several commercial districts in
the municipality in which it is located.

(d) "Economically distressed areas" shall mean areas as determined by
the corporation meeting criteria indicative of economic distress,
including unemployment rate; rate of employment change; percentages and
numbers of low-income persons; per capita income and per capita real
property wealth; such other indicators of distress as the corporation
shall determine. Economically distressed areas may include cities,
municipalities, block numbering areas, and census tracts.

(e) "Highly distressed" shall mean suffering from severe economic
distress as determined by the corporation using criteria similar to
those set forth in subdivision (a) of section nine hundred fifty-eight
of article eighteen-B of the general municipal law for determining
eligibility for empire zone status.

(f) "Not-for-profit corporation" shall mean a corporation organized
under the provisions of the not-for-profit corporation law.

(2) Urban and community development program. The corporation shall
establish an urban and community development program which shall offer
the following assistance:

(a) Urban and community development assistance grants pursuant to
subdivision five of this section.

(b) Urban and community project development assistance pursuant to
subdivision six of this section.

(c) Neighborhood and community partnership assistance pursuant to
subdivision seven of this section.

(d) Urban and community commercial revitalization revolving loan fund
assistance pursuant to subdivision eight of this section.

(e) Urban and community technical assistance pursuant to subdivision
nine of this section.

(3) Applications. Applications for support under this program shall be
made in a form and manner as determined by the corporation and
applicants shall be required to meet the criteria and requirements
established by the corporation, which shall include but not be limited
to:

(a) Factors of economic distress;

(b) 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; and

(c) Such other requirements as are necessary to implement the
provisions of this section.

(4) 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.

(5) Urban and community development assistance grants. (a) Grants
awarded under this subdivision shall be awarded on a competitive basis,
in response to requests for proposals, and through direct applications
accepted at other times at the discretion of the corporation,
distributed to business improvement districts, local development
corporations, municipalities and other not-for-profit economic
development organizations by the corporation for the purpose of
soliciting applications. Requests for proposals under this subdivision
shall set forth such criteria as the corporation deems necessary,
including those set forth in subdivision three of this section and
including, but not limited to the following:

(i) the potential impact the proposed project would have on economic
development and employment opportunities in the community and the
region; and

(ii) the existence of significant support for such activities from the
local business community, local government and community organizations
within the community, including the commitment of financial resources.

(b) The corporation is hereby authorized, under this subdivision to:

(i) provide grants to business improvement districts, local
development corporations, other not-for-profit economic development
organizations, and municipalities involved in commercial revitalization
activities in central business districts or commercial strips, such
activities to include 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. Such
grants may include monies available for individual property owners
and/or tenants who agree to improve their property in accordance with an
overall design plan, provided that, such individual property owners
and/or tenants shall be required to match the amount of any grant
awarded to them.

(ii) provide grants to local development corporations, business
improvement districts and other not-for-profit organizations for
studies, surveys or reports, and feasibility studies and preliminary
planning studies to assess a particular site or sites or facility or
facilities for any economic development purpose other than residential;
and to identify development opportunities within established business
improvement districts.

(iii) provide urban planning grants on a matching basis to cities,
counties, or municipalities desiring to prepare and develop strategic
development plans for a city, county, or municipality or a significant
part thereof.

(iv) provide grants to municipalities for studies, surveys, or reports
and feasibility studies or preliminary planning studies to assess the
economic viability and local credit needs of the community for the
purposes of establishing a banking development district pursuant to
section ninety-six-d of the banking law.

(c) Notwithstanding anything contained to the contrary in this
subdivision, section ten and subdivision two of section sixteen of this
act shall not apply to any grants authorized under this subdivision.

(6) Urban and community project development assistance. (a) Grants,
loans and loan guarantees authorized pursuant to this subdivision shall
be limited to fifty percent of the actual cost of the proposed projects,
and shall be located in empire zones designated pursuant to article
eighteen-B of the general municipal law or in highly distressed areas.

(b) The corporation is hereby authorized, under this subdivision to:
provide loans, loan guarantees and grants for projects as set forth in
paragraph (c) of this subdivision, and to provide project development
assistance by the corporation acting as a project developer pursuant to
paragraph (d) of this subdivision.

(c) Project development loans, loan guarantees and grants. (i) The
corporation may make loans, loan guarantees and grants in accordance
with the provisions of this act for which no other funds of the
corporation are available, with the exception of the appropriations for
this program and moneys reappropriated under the high risk targeted
investment program, for the acquisition, renovation, and construction of
commercial industrial and mixed-use facilities, or for feasibility or
planning studies in connection with such development.

(ii) Such projects shall include projects related to the
implementation of necessary construction and reconstruction projects
identified or planned under grants received pursuant to subdivision five
of this section.

(iii) 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.

(d) Notwithstanding anything contained to the contrary in this
subdivision, section ten and subdivision two of section sixteen of this
act shall not apply to any feasibility grants or planning studies
authorized under paragraph (c) of this subdivision.

(e) 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 private sector investment
within the affected community.

(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 may be required to carry out the purposes of this
section.

(iii) Prior to developing any such project, the corporation shall
secure a firm commitment from entities, independent of the corporation,
for the purchase or lease of such project.

(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 not to exceed three million dollars of
which the corporation's participation shall not exceed sixty percent of
the total, for which there is a demonstrated demand within the
particular community.

(f) Any other provisions of this subdivision notwithstanding, the
corporation may establish a loan guarantee program in conjunction with
banks and other financial institutions to guarantee working capital
loans and loans for real estate, construction and renovations to
not-for-profit community and economic development organizations that
serve highly distressed areas.

(7) Neighborhood and community partnership. (a) There is hereby
created within the urban and community development program a
neighborhood and community partnership program which shall be used to
support regional and local activities designed to retain existing
businesses and jobs within a region or locality, increase the viability
of existing businesses, and stimulate and encourage the formation of new
enterprises and small business growth.

(b) The corporation shall, within available appropriations, award
grants or enter into contracts for services to eligible entities and
organizations as set forth in this subdivision on a competitive basis,
in response to requests for proposals, and through direct applications
accepted at other times at the discretion of the corporation. Grants
shall not exceed one hundred thousand dollars per project, and an
applicant shall be permitted to apply for support in more than one
project area listed under paragraph (e) of this subdivision, but the sum
total of grants received under this subdivision by any one applicant for
more than one project approved under paragraph (e) of this subdivision
shall not exceed two hundred fifty thousand dollars.

(c) For the purposes of this subdivision the corporation shall enter
into annual contracts for services or award grants in an amount not to
exceed fifty percent of program or project costs in economically
distressed areas, or forty percent of such costs for eligible projects
or programs in non-economically distressed areas, or seventy percent of
program or project costs in empire zones established pursuant to article
eighteen-B of the general municipal law.

(d) The corporation shall enter into no more than one contract or make
more than one grant per year per application under this subdivision
regardless of the number of projects for which an applicant has applied
and for which funding has been approved. In the case of applications for
multiple projects to be conducted by a single applicant, the corporation
may, at its discretion, provide a grant or enter into a contract for
services with the applicant for some or all of the projects for which an
applicant has applied.

(e) Not-for-profit corporations, business improvement districts and
community development organizations shall be eligible to apply for
support under this subdivision to operate a program or programs of
business and economic development services to stabilize, retain or
revitalize existing businesses, and to assist small and new businesses,
including, but not limited to assistance to individual businesses or
business sectors in such project areas as:

(i) the analysis of industrial sectors;

(ii) the provision of services, such as regulatory compliance,
security and marketing, to industries;

(iii) productivity assistance to mature industries and small
businesses, including but not limited to, high performance work
organization and quality improvement programs;

(iv) labor-management cooperation specific to an area or industry;

(v) management services to industrial parks and incubator facilities;

(vi) the creation of business support networks, including flexible
manufacturing networks composed of small businesses, surveys of existing
businesses and business sectors, the formation of quality networks, the
targeting of firms or sectors with networking potential, analysis of
network firms' production potential, group marketing, group purchasing,
shared employee programs, and the establishment of regular lines of
communication between such firms;

(vii) the establishment and staffing of network service centers for
flexible manufacturing networks, combining business services,
marketing/procurement assistance, and technology demonstration/training
centers, such centers to be industry managed and to maintain strong
connections to labor unions, universities, and the services provided
through the industrial effectiveness program pursuant to article seven
of the economic development law, local or federal economic assistance
programs;

(viii) export, marketing, procurement and subcontracting assistance to
small and medium-sized industrial firms, including minority- and
women-owned businesses, and to flexible manufacturing networks, and
programs to assist regional and multi-county business marketing and
procurement programs;

(ix) assistance to targeted incubator facilities to support new firms
producing products and services for which there exists a stable demand
but no local production;

(x) business planning, management assistance and counseling, and
financial packaging assistance to small and medium-sized industrial
firms, including minority- and women-owned businesses, flexible
manufacturing networks, and new enterprises and small businesses,
including the establishment of neighborhood-based business service
centers designed to deliver comprehensive technical assistance to new
and small businesses in specific communities and neighborhoods;

(xi) programs to assist economically distressed regions and
communities to identify new business opportunities, plan for new
enterprise development, and manage economic development projects;

(xii) innovative programs of public and private cooperation to foster
new enterprise development and small business growth;

(xiii) programs to assist new enterprises and small businesses to
identify and access public and private sources of equity, working
capital and other types of financing;

(xiv) programs that improve the ability of small businesses to access
state job training programs;

(xv) programs to assess the need for, or to implement total quality
management training programs, employee retraining, and skills
remediation and/or upgrading;

(xvi) employment exchange services such as job placement and job
development;

(xvii) tourism matching grants to regions, as defined by the
commissioner of economic development, to conduct tourism marketing,
promotion and information activities;

(xviii) programs to assist small businesses in developing workplace
policies, including but not limited to the design of employee benefit
and assistance programs and developing child care programs;

(xix) assistance to formulate and implement a business retention
strategy developed by the corporation in cooperation with a local
development corporation. Such assistance may include grants to local
development corporations as well as funding for services and expenses
for that purpose.

(g) Applications for support or assistance under this subdivision
shall be made in a form and manner as determined by the corporation, and
applicants shall be required to meet the criteria and requirements set
forth in subdivision three of this section and other criteria and
requirements determined by the corporation pursuant to this act,
including:

(i) the likelihood that state assistance will enable local
not-for-profit organizations or other eligible organizations to provide
services and activities not otherwise provided in the area served by the
applicant;

(ii) the potential of the project or program to stimulate or enhance
economic development in the area and to create or retain substantial,
permanent private sector jobs;

(iii) the innovative nature of the proposed project or program in
furtherance of community economic development; and

(iv) the demonstrated ability of the applicant to deliver the proposed
assistance and services.

(h) Projects and programs in communities that do not qualify as
economically distressed areas shall be eligible for funding under this
subdivision if such projects meet one or more of the following purposes:

(i) projects located in a non-distressed area that will significantly
contribute to the revitalization of an economically distressed area;

(ii) support for business development projects of women, members of
minority groups, or dislocated workers;

(iii) assistance to small or medium-sized manufacturing firms which
are seeking to modernize to remain competitive;

(iv) projects to diversify the economic base of a community heavily
dependent on a single industry;

(v) projects that will prevent the loss or significant contraction of
a company which is the primary employer in a community, or where loss of
a company would have a major adverse impact on a community's overall
economic condition;

(vi) projects involving expanding companies that will create
substantial numbers of new, private sector jobs;

(vii) projects creating permanent private sector jobs for dislocated
workers, public assistance recipients, or the long-term unemployed; or

(viii) projects that are an integral part of a community commercial
revitalization strategy which contributes to the economic health of a
community, including the provision of matching funds to newly formed
business improvement districts pursuant to paragraph (i) of this
subdivision.

(i) Notwithstanding any other subdivision of this section, the
corporation may make grants to newly formed small- and medium-sized
business improvement districts during their first three years of
operation. Such grants shall provide up to sixty-six percent of eligible
project costs in highly distressed areas and up to fifty percent of
project costs in distressed areas.

(j) Notwithstanding anything contained to the contrary in this
subdivision, section ten and subdivision two of section sixteen of this
act shall not apply to any grants authorized under this subdivision.

(8) Urban and community commercial revitalization revolving loan and
loan guarantee fund. (a) The corporation shall, from any appropriations
made available for this purpose, establish an urban and community
commercial revitalization revolving loan fund account and a related
administrative expenses trust fund account in order to stimulate the
development of central business districts and commercial strips through
a decentralized lending program operated in conjunction with business
improvement districts, local development corporations and other
not-for-profit corporations serving central business districts or
commercial strips. Assistance from this subdivision will be awarded
through a competitive process initiated by the urban development
corporation, which includes a request for proposals as well as direct
applications accepted at other times at the discretion of the
corporation.

(b) Loans and loan guarantees made from the urban and community
commercial revitalization revolving loan fund shall be for improvements,
expansions, and start-ups of businesses located in central business
districts and commercial strips.

(c) Such loans and loan guarantees shall be administered by qualified
business improvement districts, local development corporations and other
not-for-profit corporations designated by the corporation on a
competitive basis pursuant to a request for proposals process.

(d) For the purpose of this subdivision, "local trust fund account"
and "local revolving loan fund" shall mean a local urban and community
commercial revitalization revolving loan fund account.

(e) The corporation shall pay into such fund any monies made available
to the corporation for such fund from any source including monies
appropriated by the state and any income earned by, or incremental to,
the fund due to the investment thereof, or any repayment of monies
advanced from the fund. The monies held in or credited to the fund shall
be expended for the purposes set forth in this subdivision and may not
be interchanged with any other account or fund, but may be commingled
with any other account for investment purposes. All loans disbursed by
the corporation from such fund shall be repaid into the fund.

(f) The corporation shall allocate any monies made available for such
fund for the purpose of establishing local trust fund accounts and a
corresponding number of local administrative expenses trust fund
accounts.

(g) The corporation shall establish a local administrative expenses
trust fund account for the benefit of each entity selected to administer
a local trust fund account pursuant to the following conditions:

(i) the initial deposit in each local administrative expenses trust
fund account shall be in an amount to be determined by the corporation,
but shall not exceed twenty-five thousand dollars;

(ii) an entity designated to administer a local trust fund account may
use the funds in its local administrative expenses trust fund account
for expenses incurred by it in the start-up and administration of the
financial and technical assistance programs it is required to administer
under this section; and

(iii) the corporation shall also deposit into each local
administrative expenses trust fund account:

(A) all income earned from the moneys on deposit in the corresponding
local loan trust fund account during the first year of the entity's
administration of said account. Beginning with its second year in
administering a local revolving loan trust fund account, said amounts
may be used for costs incurred by the entity in administering the local
revolving loan trust fund account; and

(B) repayments of interest on loans made from the corresponding local
revolving loan trust fund account. Such funds may be used for costs
incurred at any time by an administering entity in its administration of
a local revolving loan trust fund hereunder;

(iv) funds deposited in an administrative expenses trust fund account
shall be disbursed by the corporation to the entity that administers the
corresponding local revolving loan trust fund account on a semiannual
basis and shall be expended by the entity in accordance with a
semiannual budget and any updates of same approved by the corporation.

(g-1) Notwithstanding any other provision in this subdivision, where
applicable, the corporation is authorized to enter into agreements as
may be necessary for the administration and reporting of funds repaid,
received, expended or collected in a manner consistent with the
provisions in section sixteen-t of this act. The use of such funds by
the corporation shall be consistent with the terms, conditions and
restrictions set forth in this section, to provide financial assistance
to eligible entities as designated under this subdivision. Outstanding
expenses, loans and other obligations executed prior to the effective
date of this paragraph shall be subject to the terms and conditions of
the original contract or contracts.

(h) To be eligible to apply for designation to administer a local
trust fund account, a not-for-profit corporation shall be required to:

(i) have represented on its board of directors, in such cases where an
area to be served by a local trust fund account has located within its
service area an empire zone designated pursuant to section nine hundred
sixty of the general municipal law, one or more of the following:

(A) an empire zone capital corporation if established pursuant to
section nine hundred sixty-four of the general municipal law; or

(B) community based local development corporations, industrial
development agencies, or other not-for-profit entities which serve a
municipality in which an empire zone has been established and which, as
one of their primary purposes, provide services and assistance to
business enterprises located or to be located in such empire zone,
including minority- and women-owned businesses;

(ii) have represented on its board of directors, selected local and
community development corporations, industrial development agencies, and
other not-for-profit entities that provide services to community
businesses and, as one of their primary purposes, provide services and
assistance to business enterprises located in central business districts
or commercial strips;

(iii) have strong written commitments from any empire zone capital
corporation, local and community development corporation, industrial
development agency, and other not-for-profit entities, if represented on
its board, to assist the not-for-profit corporation in administering the
local trust fund account, including the provision of business planning,
loan application preparation, loan application analysis, management and
other technical assistance as needed;

(iv) have staff, or have access to staff from organizations which
participate in the administration of a designated local revolving loan
trust fund with sufficient expertise to analyze applications for
financial assistance, to regularly monitor financial assistance to
clients, and to provide or arrange for the provision of management or
technical assistance to clients;

(v) have an effective plan to market its services and market programs
provided by the corporation and the department of economic development;
and

(vi) have established a loan committee composed of six or more persons
experienced in business management, commercial lending or in the
operation of a for-profit business. Such committee shall review every
application submitted by an eligible entity for financial assistance
from the local trust fund account and shall determine the feasibility of
the project proposed in the application and the likelihood of repayment
of the requested financing and recommend to the governing body of the
eligible entity such action as the loan committee deems appropriate.

(i) Any entity selected to administer a local revolving loan trust
fund account shall be eligible to draw funds from the account as needed
to provide the following types of financial assistance to eligible
businesses upon certification to and acceptance by the corporation that
such assistance complies with rules and regulations promulgated by the
corporation:

(i) working capital loans, provided that the amount of the loan does
not exceed fifteen thousand dollars and the term of the loan does not
exceed five years; and

(ii) loans for the acquisition and/or improvement of real property and
for the acquisition of machinery and equipment, provided that the amount
of the loan does not exceed twenty thousand dollars and the term of the
loan does not exceed the useful life of the equipment or property.

(j) Any other provisions of this subdivision notwithstanding, the
corporation may enter into agreements for other types of locally,
community or regionally administered loan programs interested in making
small loans, including micro-loans, administered by municipalities and
not-for-profit organizations, to provide loans to businesses located in
commercial strips and central business districts located within their
respective service areas, provided that:

(i) the corporation must secure certification from an entity
administering such a program that the loans will be made to businesses
through these agreements and meet the purposes and requirements set
forth pursuant to this subdivision;

(ii) loan review committees are established by each such administering
entity and that each entity designated under this paragraph have
established a loan committee composed of six or more persons experienced
in business management, commercial lending or in the operation of a
for-profit business;

(iii) no other entity eligible under this subdivision which
satisfactorily meets all requirements of this program has applied to
meet the needs of an area proposed to be served under this paragraph;
and

(iv) the corporation shall not expend any more than twenty-five
percent of the amount appropriated for programs pursuant to this
subdivision in any one fiscal year, or an amount appropriated
specifically for the purpose of this paragraph.

(k) An entity designated to administer such a revolving loan trust
fund account shall pay to the corporation for deposit any repayments
received in connection with financial assistance provided from such
account pursuant to the following:

(i) payments consisting of the repayment of the principal amount of a
loan shall be deposited by the corporation in the local trust fund
account from which the loan was made; and

(ii) the interest earned from the investment, by the corporation, of
monies in each local revolving loan trust fund during and after the
second year of a selected entity's administration of said account shall
be deposited by the corporation into the corresponding local revolving
loan trust fund account and used to provide the financial assistance to
businesses located in commercial strips and central business districts.

(k-1) Notwithstanding any other provision in this subdivision, where
applicable, the corporation is authorized to enter into agreements as
may be necessary for the administration and reporting of funds repaid,
received, expended or collected in a manner consistent with the
provisions in section sixteen-t of this act. The use of such funds by
the corporation shall be consistent with the terms, conditions and
restrictions set forth in this section, to provide financial assistance
to eligible entities as designated under this subdivision. Outstanding
expenses, loans and other obligations executed prior to the effective
date of this paragraph shall be subject to the terms and conditions of
the original contract or contracts.

(l) The decision to approve or reject an application for financial
assistance pursuant to the provisions of this subdivision shall be made
by the majority of the board of directors of the entity designated to
administer the local revolving loan trust fund account and such decision
shall be final.

(m) An entity designated to administer a local revolving loan trust
fund account shall not provide any financial assistance authorized by
this subdivision unless the following conditions are met:

(i) the applicant has a minimum equity interest of at least ten
percent in the project;

(ii) there is reasonable prospect of repayment;

(iii) the project will comply with applicable environmental rules and
regulations;

(iv) the applicant has certified that it will not discriminate against
any employee or any applicant for employment because of race, religion,
color, national origin, sex, or age; and

(v) a staff member or a representative of the entity designated to
administer the local revolving loan trust fund account acting in an
official capacity has personally visited the project site or the
applicant's place of business.

(n) Financial assistance from the local trust fund shall not be made
available for:

(i) projects that would result in the relocation of any business
operation from one municipality within the state to another, provided,
however, that such a project shall not be deemed ineligible if all
municipalities from which such business will be relocated are notified
in writing of the corporation's approval of such funding and the chief
executive officers of the municipalities do not object to the
corporation in writing within a period of twenty days of receipt of the
notification;

(ii) refinancing any portion of the total project cost or other
existing loans or debts of an applicant, except for the purpose of
transferring to the employees or to other local interests ownership of a
company that would otherwise depart from or cease or substantially
reduce operations in the state; and

(iii) providing funds, directly or indirectly, for payment,
distribution, or as a loan, to owners, partners or shareholders of the
applicant enterprise, except as ordinary income for services rendered.

(o) An entity designated to administer a local revolving loan trust
fund account may charge application, commitment and loan guarantee fees
pursuant to a schedule of fees adopted by such entity and approved by
the corporation.

(p) An entity designated to administer a local revolving loan trust
fund account shall submit annual reports to the corporation describing
the financial assistance provided pursuant to this subdivision,
including:

(i) the number of projects assisted, the amount and type of assistance
provided and a description of the projects;

(ii) the number of jobs created or retained; and

(iii) such other information as the corporation may require.

(q) The corporation shall, assisted by the commissioner of economic
development and in consultation with the department of economic
development, promulgate rules and regulations in accordance with the
state administrative procedure act to implement the provisions of the
urban and community commercial revitalization revolving loan fund
established pursuant to this subdivision, and to implement such
revolving loan trust fund established pursuant to this subdivision,
setting forth procedures to be followed by, and the responsibilities and
obligations of, entities designated to administer local trust fund
accounts. Such rules and regulations shall be consistent with the
program plan required by subdivision nineteen of section one hundred of
the economic development law. No funds shall be disbursed from amounts
appropriated to implement the provisions of this section until such
rules and regulations have been reviewed and approved by the
commissioner of economic development and the director of the budget.

(9) Urban and community technical assistance. There is hereby
established within the urban and community development program an urban
and community technical assistance program. Assistance awarded under
this subdivision shall be awarded on a competitive basis, in response to
requests for proposals and through direct applications accepted at other
times at the discretion of the corporation. The corporation shall, from
appropriations made available therefor, provide assistance for the
purpose of developing the capacity of local and regional development
organizations and communities to undertake economic development
initiatives by:

(a) Conducting outreach to communities in areas where little, if any,
economic development capacity exists, including identifying potential
applicants and providing assistance to potential applicants in
completing the application process for assistance and meeting
eligibility requirements for federal, state and local programs.
Assistance may be provided through grants to not-for-profit economic
development organizations and through the deployment by the corporation
of circuit riders.

(b) Providing community building grants to not-for-profit economic
development or community development organizations where necessary, in
organizing for economic development, analyzing potential development
opportunities or obstacles to development, and developing economic
development strategies, including feasibility studies for the creation
of business improvement districts in highly distressed areas.

(c) Providing technical and financial packaging assistance to
not-for-profit community development and economic development
organizations through grants to third party providers of such services.

(d) Contracting with third parties for the purpose of providing
technical assistance to municipalities, not-for-profit organizations,
local development corporations, local empire zone administrative boards,
or business improvement districts to analyze potential development
opportunities or obstacles.

(e) Providing grants to not-for-profit economic development or
community development organizations for approved costs to strengthen
their capacity to implement economic development, job creation, or
business retention strategies, including assistance to enable such
organizations to provide technical and financial packaging assistance to
local businesses, manage economic development projects, and provide
other economic development services that are identified in their
strategic plans.

(f) Creating an urban internship program to provide training and field
experience to individuals committed to working in highly distressed
communities.

(g) Organizing and coordinating seminars and conferences to facilitate
the exchange of information regarding commercial revitalization
strategies.

(h) Establishing 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. 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.

(i) Each training program shall require each participating
municipality to:

(A) establish an economic development planning group;

(B) undertake a community profile and needs assessment;

(C) undertake labor market and resource surveys; and

(D) produce a five-year strategic plan and a one-year work program.

(ii) Requests from municipalities or consortia of municipalities for
technical assistance under this paragraph shall be made directly to the
corporation or through the regional offices of the department of
economic development.

(iii) Participating municipalities shall be required to provide
matching funds in an amount at least equal to any funds provided by the
corporation under this paragraph.

(iv) The corporation is authorized to enter into cooperative
agreements 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.

(10) Standard project program application. 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.

(11) Standardization. The corporation shall streamline the review and
approval process for projects and shall standardize all relevant
attendant documentation and legal documents.

(12) Master agreement. The corporation shall enter into a written
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.

(13) Repayment. 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 repayment provision may not apply to such grants.

(14) Report. The corporation shall: (a) Monitor the performance of
each recipient of a grant or contract under the provisions of this
section and require periodic and annual reports from each such recipient
at such time and in such a manner as prescribed by the chairman.

(b) Submit to the director of the budget, the speaker of the assembly
and the temporary president of the senate an evaluation of the
effectiveness of the urban and community development program prepared by
an entity independent of the corporation. The corporation shall select
the program evaluator through a request for proposal process. Such
evaluation 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
organizations to undertake economic development activities; and such
other components as the commissioner of economic development shall deem
appropriate; and shall make recommendations for improvements which would
make the program more effective. Such evaluation shall be submitted by
September first, nineteen hundred ninety-five and by September first
every two years thereafter.

(c) (i) The lending organization shall submit to the corporation
annual reports stating: the number of program loans made; the amount of
program funding used for loans; the use of loan proceeds by the
borrower; the number of jobs created or retained; the status of each
outstanding program loan, including fund balance; and such other
information as the corporation may require.

(ii) Beginning April 1, 2019, the corporation shall publish on its
website the information contained in the annual reports required under
this paragraph and paragraphs (a) and (b) of this subdivision in
aggregate form omitting borrower identifiable information.