N.Y. Urban Development Corporation Act 174/68 § 16-d: Urban and community development program

§ 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.