Bill Text: NY A01112 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the New York state urban development corporation act, in relation to providing for a regional economic development partnership program
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Introduced - Dead) 2010-01-06 - referred to economic development [A01112 Detail]
Download: New_York-2009-A01112-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1112
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. DESTITO, SCHIMMINGER, MAGEE, CHRISTENSEN, RAMOS,
GUNTHER -- Multi-Sponsored by -- M. of A. AUBRY, CAHILL, GALEF,
GREENE, HOOPER, JOHN, KOON, V. LOPEZ, MAGNARELLI -- read once and
referred to the Committee on Economic Development, Job Creation,
Commerce and Industry
AN ACT to amend the New York state urban development corporation act, in
relation to providing for a regional economic development partnership
program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 3 of section 1 of chapter 174 of the laws of 1968,
2 constituting the New York state urban development corporation act, is
3 amended by adding six new subdivisions 30, 31, 32, 33, 34 and 35 to read
4 as follows:
5 (30) "BUSINESS DEVELOPMENT PROJECT". A PROJECT INVOLVING AN INDUS-
6 TRIAL, MANUFACTURING, COMMERCIAL, RESEARCH AND DEVELOPMENT, HIGH TECH-
7 NOLOGY, TOURISM, AGRICULTURAL OR SERVICE COMPANY.
8 (31) "BUSINESS INFRASTRUCTURE PROJECT". A PROJECT INVOLVING AN INDUS-
9 TRIAL, MANUFACTURING, COMMERCIAL, RESEARCH AND DEVELOPMENT, HIGH TECH-
10 NOLOGY, TOURISM, AGRICULTURAL OR SERVICE COMPANY WHICH SHALL INCLUDE,
11 BUT NOT BE LIMITED TO, BASIC SYSTEMS AND FACILITIES ON PUBLIC OR
12 PRIVATELY OWNED PROPERTY INCLUDING DRAINAGE SYSTEMS, SEWER SYSTEMS,
13 ACCESS ROADS, SIDEWALKS, DOCKS, WHARVES, WATER SUPPLY SYSTEMS, AND SITE
14 CLEARANCE, PREPARATION, IMPROVEMENTS, AND DEMOLITION.
15 (32) "CHILD CARE ASSISTANCE PROJECT". A PROJECT FOR THE ESTABLISHMENT,
16 EXPANSION, AND DEVELOPMENT OF LICENSED NOT-FOR-PROFIT CHILD DAY CARE
17 CENTERS WHICH SERVE THE NEEDS OF SMALL AND MEDIUM-SIZED COMMERCIAL,
18 INDUSTRIAL, SERVICE AND OTHER SMALL AND MEDIUM-SIZED BUSINESSES,
19 HEALTH-RELATED BUSINESSES AND DEGREE-GRANTING INSTITUTIONS OF HIGHER
20 EDUCATION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03564-01-9
A. 1112 2
1 (33) "INFRASTRUCTURE INVESTMENT PROJECT". A PROJECT CONSISTING SOLELY
2 OF CLEARANCE AND/OR PREPARATION OF A SITE AND/OR DEMOLITION OF A BUILD-
3 ING LOCATED ON A SITE.
4 (34) "SKILLS TRAINING ASSISTANCE". A PROJECT RELATED TO THE PROVISION
5 OF FIRM-SPECIFIC OR INDUSTRY-SPECIFIC EMPLOYEE RETRAINING, SKILLS
6 UPGRADING, AND PRODUCTIVITY ENHANCEMENT, INCLUDING ASSESSMENT AND TRAIN-
7 ING RELATED TO THE IMPLEMENTATION OF HIGH-PERFORMANCE WORK ORGANIZATION
8 STRATEGIES.
9 (35) "TOURISM DESTINATION". A LOCATION OR FACILITY WHICH IS LIKELY TO
10 ATTRACT A SIGNIFICANT NUMBER OF VISITORS FROM OUTSIDE THE REGION.
11 S 2. Section 1 of chapter 174 of the laws of 1968, constituting the
12 New York state urban development corporation act, is amended by adding a
13 new section 9-g to read as follows:
14 S 9-G. REGIONAL ECONOMIC DEVELOPMENT PARTNERSHIP PROGRAM. 1. (A) THE
15 CORPORATION MAY MAKE LOANS AND GRANTS FOR REGIONAL STRATEGIC PLANNING,
16 REGIONAL ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS, BUSINESS DEVELOPMENT
17 PROJECTS, BUSINESS INFRASTRUCTURE AND INFRASTRUCTURE INVESTMENT
18 PROJECTS, SKILLS TRAINING ASSISTANCE PROJECTS, AND CHILD CARE ASSISTANCE
19 PROJECTS, THAT CREATE OR RETAIN PERMANENT PRIVATE-SECTOR JOBS. SUCH
20 PROJECTS AND PROGRAMS:
21 (I) MUST BE CONSISTENT WITH A REGIONAL STRATEGIC PLAN FOR ECONOMIC
22 DEVELOPMENT, AS COORDINATED BY THE CHAIRMAN OF THE CORPORATION AND
23 APPROVED BY THE DIRECTOR OF THE BUDGET, WITH COPIES FILED WITH THE
24 SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE;
25 (II) MUST CREATE OR RETAIN SUBSTANTIAL, PERMANENT PRIVATE-SECTOR JOBS
26 OR, IN THE CASE OF A CHILD CARE ASSISTANCE PROJECT AND AS DETERMINED BY
27 THE CORPORATION, WILL IMPROVE OR MAINTAIN THE PRODUCTIVITY OF THE SPON-
28 SORING COMPANY OR COMPANIES;
29 (III) MUST HAVE OBTAINED SUFFICIENT PRIVATE OR PUBLIC COMMITMENTS TO
30 CARRY OUT OR FINANCE THE PROJECT, EXCEPT WHERE OTHERWISE SPECIFICALLY
31 PROVIDED HEREIN;
32 (IV) MUST BE UNABLE TO OBTAIN FINANCING ON REASONABLE TERMS FROM OTHER
33 PUBLIC OR PRIVATE SOURCES; AND
34 (V) MUST DEMONSTRATE AN INABILITY TO OCCUR WITHOUT FINANCIAL ASSIST-
35 ANCE FROM THE CORPORATION.
36 (B) INELIGIBLE PROJECTS, EXCEPT AS OTHERWISE PROVIDED IN REGULATIONS
37 OF THE CORPORATION FILED WITH THE DIRECTOR OF THE BUDGET, THE SPEAKER OF
38 THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE, SHALL INCLUDE
39 RETAIL BUSINESSES, INDUSTRIAL PARKS, OVERNIGHT LODGING FACILITIES, DEBT
40 REFINANCING, OR THE RELOCATION OF A BUSINESS FROM ONE MUNICIPALITY WITH-
41 IN THE STATE TO ANOTHER MUNICIPALITY, PROVIDED, HOWEVER, THAT SUCH A
42 PROJECT SHALL NOT BE DEEMED INELIGIBLE IF ALL MUNICIPALITIES FROM WHICH
43 SUCH BUSINESS WILL BE RELOCATED ARE NOTIFIED IN WRITING OF THE CORPO-
44 RATION'S APPROVAL OF SUCH FUNDING AND THE GOVERNING BODIES OF THE MUNI-
45 CIPALITIES DO NOT OBJECT TO THE CORPORATION IN WRITING WITHIN A PERIOD
46 OF TWENTY DAYS OF RECEIPT OF THE NOTIFICATION.
47 (C) SECTION TEN AND SUBDIVISION TWO OF SECTION SIXTEEN OF THIS ACT
48 SHALL NOT APPLY TO GRANTS AND PROJECTS FUNDED PURSUANT TO THE PROVISIONS
49 OF THIS SECTION.
50 2. (A) BUSINESS DEVELOPMENT PROJECT LOANS MADE BY THE CORPORATION:
51 (I) MAY BE FOR WORKING CAPITAL, THE PURCHASE OR LEASING OF EQUIPMENT
52 AND MACHINERY, LAND ACQUISITION, AND THE ACQUISITION, RENOVATION OR
53 CONSTRUCTION OF FACILITIES;
54 (II) EXCEPT IN SPECIAL SITUATIONS AS DEEMED APPROPRIATE BY THE CORPO-
55 RATION, SHALL NOT EXCEED ONE-THIRD OF THE TOTAL PROJECT COST OR FIVE
56 HUNDRED THOUSAND DOLLARS, WHICHEVER IS LESS; AND
A. 1112 3
1 (III) SHALL BE AT INTEREST RATES THAT ARE NECESSARY TO MAKE THE
2 PROJECT FEASIBLE, AS DETERMINED BY THE CORPORATION.
3 (B) NOTWITHSTANDING SECTION FIVE OF THIS ACT, NO MORE THAN TWENTY
4 PERCENT OF THE FUNDS AVAILABLE FOR BUSINESS DEVELOPMENT PROJECTS SHALL
5 BE GRANTS LIMITED TO:
6 (I) INTEREST SUBSIDIES TO REDUCE COSTS OF FINANCING PROJECTS THAT
7 DEMONSTRATE AN INABILITY TO OCCUR WITHOUT SUBSIDY, WHICH SHALL NOT
8 EXCEED ONE-THIRD OF PROJECT COST OR FOUR HUNDRED THOUSAND DOLLARS,
9 WHICHEVER IS LESS, EXCEPT IN SPECIAL SITUATIONS AS DEEMED APPROPRIATE BY
10 THE CORPORATION; AND
11 (II) FEASIBILITY STUDIES OF THE TRANSFER OF OWNERSHIP TO LOCAL INTER-
12 ESTS OF A JOB INTENSIVE COMPANY WHICH SHALL NOT EXCEED FORTY THOUSAND
13 DOLLARS, EXCEPT IN SPECIAL SITUATIONS AS DEEMED APPROPRIATE BY THE
14 CORPORATION.
15 (C) THE CORPORATION MAY MAKE LOANS OR GRANTS FOR BUSINESS DEVELOPMENT
16 PROJECTS IN ECONOMICALLY DISTRESSED AREAS AND IN OTHER AREAS; PROVIDED,
17 HOWEVER, THAT IN THE CASE OF OTHER AREAS, THE PROJECT FURTHERS:
18 (I) BUSINESS DEVELOPMENT BY WOMEN, MINORITIES, OR UNEMPLOYED PERSONS;
19 (II) MODERNIZATION AND PRODUCTIVITY IMPROVEMENTS BY ELIGIBLE FIRMS;
20 (III) DIVERSIFICATION OF THE ECONOMIC BASE OF A COMMUNITY DEPENDENT ON
21 A SINGLE INDUSTRY;
22 (IV) CREATION OF SUBSTANTIAL, PERMANENT PRIVATE-SECTOR JOBS FOR DISLO-
23 CATED WORKERS, PUBLIC ASSISTANCE RECIPIENTS, DISADVANTAGED YOUTH, OR
24 LONG-TERM UNEMPLOYED PERSONS;
25 (V) PREVENTION OF THE LOSS OF A PRIMARY EMPLOYER WHICH WILL HAVE A
26 MAJOR ADVERSE IMPACT ON THE ECONOMIC CONDITION OF A COMMUNITY; OR
27 (VI) FURTHERS THE DEVELOPMENT OF A TOURISM DESTINATION.
28 3. (A) THE CORPORATION MAY MAKE LOANS AND GRANTS TO MUNICIPALITIES AND
29 LOCAL DEVELOPMENT CORPORATIONS DESIGNATED BY LOCAL GOVERNMENTS FOR
30 SPECIFIC BUSINESS INFRASTRUCTURE PROJECTS DIRECTLY RELATED AND ESSENTIAL
31 TO SPECIFIC BUSINESS DEVELOPMENTS.
32 (B) GRANTS AND LOANS FOR INFRASTRUCTURE PROJECTS MAY BE MADE IN AREAS
33 ENCOMPASSED BY EMPIRE ZONES ESTABLISHED PURSUANT TO ARTICLE EIGHTEEN-B
34 OF THE GENERAL MUNICIPAL LAW AND IN OTHER AREAS, EXCEPT THAT IN THE CASE
35 OF OTHER AREAS, A PROJECT LOAN OR GRANT FOR A BUSINESS INFRASTRUCTURE
36 PROJECT MUST BE FOR ONE OF THE PURPOSES AUTHORIZED FOR BUSINESS DEVELOP-
37 MENT PROJECTS IN SUCH AREAS PURSUANT TO PARAGRAPH (C) OF SUBDIVISION TWO
38 OF THIS SECTION, AND SHALL BE AVAILABLE ONLY WHERE THERE IS A FIRM
39 COMMITMENT BY A COMPANY TO CARRY OUT A RELATED BUSINESS DEVELOPMENT TO
40 CREATE OR RETAIN SUBSTANTIAL PERMANENT PRIVATE-SECTOR JOBS.
41 (C) ASSISTANCE FOR BUSINESS INFRASTRUCTURE PROJECTS SHALL NOT EXCEED
42 FORTY-NINE PERCENT OF THE TOTAL PROJECT COST OR SEVEN HUNDRED FIFTY
43 THOUSAND DOLLARS, WHICHEVER IS LESS. LOANS FOR SUCH PROJECTS SHALL BE AT
44 INTEREST RATES DETERMINED BY THE CORPORATION, THAT ARE NECESSARY TO MAKE
45 THE PROJECT FEASIBLE.
46 (D) NO MORE THAN FORTY PERCENT OF FUNDS AVAILABLE FROM THE CORPORATION
47 FOR ANY INFRASTRUCTURE PROJECT NOT LOCATED IN AN EMPIRE ZONE, AND NO
48 MORE THAN SIXTY PERCENT OF THE FUNDS AVAILABLE FROM THE CORPORATION FOR
49 ANY INFRASTRUCTURE PROJECT LOCATED IN AN EMPIRE ZONE SHALL BE DISBURSED
50 AS A GRANT.
51 4. GRANTS MAY BE MADE BY THE CORPORATION FOR UP TO FOUR HUNDRED THOU-
52 SAND DOLLARS OR EIGHTY PERCENT OF THE TOTAL PROJECT COST, WHICHEVER IS
53 LESS, FOR INFRASTRUCTURE INVESTMENT PROJECTS WHICH:
54 (A) MEET HIGHLY ECONOMICALLY DISTRESSED AREA CRITERIA ESTABLISHED BY
55 THE CORPORATION; AND
A. 1112 4
1 (B) ARE PART OF AN OVERALL ECONOMIC DEVELOPMENT OR URBAN RENEWAL PLAN
2 TO ATTRACT, RETAIN OR PERMIT THE EXPANSION OF AN INDUSTRIAL, MANUFACTUR-
3 ING, RESEARCH AND DEVELOPMENT, HIGH-TECHNOLOGY, SERVICE, FOOD PROCESSING
4 OR DISTRIBUTION COMPANY; AND
5 (C) ARE OWNED BY A MUNICIPALITY, LOCAL DEVELOPMENT CORPORATION, URBAN
6 RENEWAL AGENCY OR INDUSTRIAL DEVELOPMENT AGENCY DESIGNATED BY A MUNICI-
7 PALITY; AND
8 (D) ARE LOCATED IN AN AREA THAT IS ZONED INDUSTRIAL OR COMMERCIAL.
9 5. (A) THE CORPORATION MAY MAKE BUSINESS DEVELOPMENT AND BUSINESS
10 INFRASTRUCTURE LOANS AND GRANTS FOR TOURISM DESTINATION PROJECTS,
11 PROVIDED HOWEVER, THAT SUCH PROJECTS MUST SATISFY THE CRITERIA FOR
12 ELIGIBLE PROJECTS SET FORTH IN PARAGRAPH (C) OF SUBDIVISION TWO OF THIS
13 SECTION. ADDITIONALLY, SUCH PROJECTS MUST:
14 (I) INVOLVE THE DEVELOPMENT OF A RECREATIONAL, EDUCATIONAL, CULTURAL
15 OR HISTORICAL FACILITY;
16 (II) SIGNIFICANTLY CONTRIBUTE TO THE DEVELOPMENT OF A TOURISM DESTINA-
17 TION; AND
18 (III) EITHER (A) INVOLVE CONSTRUCTION OF A NEW FACILITY THAT WILL
19 ENCOURAGE INVESTMENT IN AN AREA WHERE A SHORTAGE OF TOURISM-RELATED
20 FACILITIES, ATTRACTIONS OR SERVICES HAS DETERRED BUSINESS GROWTH AND
21 WHERE THE PROPOSED FACILITY WOULD SIGNIFICANTLY INCREASE OVERALL BUSI-
22 NESS ACTIVITY AND THE MARKETABILITY OF THE LOCATION AS A TOURISM DESTI-
23 NATION; OR (B) IMPROVE AN EXISTING RECREATIONAL, EDUCATIONAL, OR
24 CULTURAL OR HISTORICAL FACILITY WHERE THE PROPOSED IMPROVEMENT WOULD
25 SIGNIFICANTLY INCREASE OVERALL BUSINESS ACTIVITY AND THE MARKETABILITY
26 OF THE LOCATION AS A TOURISM DESTINATION.
27 (B) (I) PREFERENCE SHALL BE GIVEN TO TOURISM DESTINATION PROJECTS
28 WHICH ATTRACT A SIGNIFICANT NUMBER OF VISITORS FROM OUTSIDE THE STATE,
29 PROVIDED, HOWEVER, THAT FUNDING PRIORITY SHALL BE GIVEN TO TOURISM
30 DESTINATION PROJECTS IN RURAL AREAS OF THE STATE.
31 (II) NO ASSISTANCE SHALL BE PROVIDED PURSUANT TO THIS SUBDIVISION TO
32 FINANCE A TOURISM DESTINATION PROJECT CONSISTING SOLELY OF OVERNIGHT
33 LODGING FACILITIES OR RETAIL BUSINESSES. PROVIDED, HOWEVER, THAT NOTH-
34 ING CONTAINED HEREIN SHALL PROHIBIT THE CORPORATION FROM PROVIDING
35 ASSISTANCE TO A TOURISM DESTINATION PROJECT WHICH INCLUDES SUCH FACILI-
36 TIES OR BUSINESSES.
37 6. (A) THE CORPORATION MAY MAKE GRANTS OR CONTRACTS TO ASSIST IN THE
38 PREPARATION OF STRATEGIC PLANS FOR THE ECONOMIC DEVELOPMENT OF THE
39 REGION AND FOR THE EVALUATION OF PROJECTS.
40 (B) THE CORPORATION MAY MAKE GRANTS OR CONTRACTS FOR ECONOMIC DEVELOP-
41 MENT ASSISTANCE PROGRAMS, CONSISTENT WITH THE REGIONAL PLANS FUNDED
42 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THAT BENEFIT THE REGION,
43 INCLUDING, BUT NOT LIMITED TO:
44 (I) ANALYSIS OF INDUSTRIAL SECTORS;
45 (II) PRODUCTIVITY ASSISTANCE TO MATURE INDUSTRIES;
46 (III) COMMERCIAL AND INDUSTRIAL SITE SURVEYS TO DEVELOP A DATABASE ON
47 AVAILABILITY OR POTENTIAL AVAILABILITY OF SUCH SITES;
48 (IV) EXPORT ASSISTANCE;
49 (V) MANAGEMENT AND PROCUREMENT ASSISTANCE TO SMALL BUSINESS, INCLUDING
50 MINORITY AND WOMEN-OWNED BUSINESSES;
51 (VI) REGIONAL MARKETING, TO MARKET STATE ECONOMIC DEVELOPMENT PROGRAMS
52 TO AREAS UNDERSERVED IN THOSE PROGRAMS;
53 (VII) ASSISTANCE IN THE TRAINING OF COMMUNITY AND ECONOMIC DEVELOPMENT
54 STAFF TO ASSIST COMMUNITIES TO BUILD CAPACITY TO ENGAGE IN ECONOMIC
55 DEVELOPMENT; AND
A. 1112 5
1 (VIII) TO ENCOURAGE THE CREATION OF BUSINESS IMPROVEMENT DISTRICTS IN
2 HIGHLY DISTRESSED AREAS.
3 (C) IN AWARDING GRANTS OR CONTRACTS PURSUANT TO THIS SUBDIVISION,
4 PREFERENCE SHALL BE GIVEN TO PROGRAMS THAT:
5 (I) ARE LOCATED IN DISTRESSED AREAS;
6 (II) MEET A SUBSTANTIAL REGIONAL NEED;
7 (III) COMPLEMENT LOCAL PROGRAMS OR PROVIDE SERVICES NOT READILY AVAIL-
8 ABLE FROM UNITS OF LOCAL GOVERNMENT OR THE PRIVATE SECTOR;
9 (IV) PROVIDE A LOCAL MATCH; AND
10 (V) FOSTER SMALL BUSINESS AND MINORITY BUSINESS DEVELOPMENT.
11 7. (A) FUNDS MAY BE AVAILABLE FOR EXPENDITURE RELATED TO THE
12 PROVISIONS OF SKILLS TRAINING ASSISTANCE WHEN UTILIZED IN CONJUNCTION
13 WITH OTHER PUBLIC OR PRIVATE DEVELOPMENT FUNDS FOR THE PURPOSES OF THE
14 PREVENTION OF WORKER DISLOCATION OR THE CREATION OF NEW EMPLOYMENT
15 OPPORTUNITIES.
16 (B) (I) WHEN SUCH EXPENDITURES INCLUDE THE ACQUISITION OF EQUIPMENT OR
17 CONSTRUCTION/RENOVATION OF FACILITIES, ALL FUNDING BY THE CORPORATION
18 SHALL BE IN THE FORM OF LOANS.
19 (II) TO THE EXTENT THAT TRAINING EXPENDITURES INVOLVE CLASSROOM OR
20 ON-THE-JOB TRAINING, ALL FUNDING BY THE CORPORATION SHALL BE IN THE FORM
21 OF GRANTS OR CONTRACTS WITH EMPLOYERS MATCHING FIFTY PERCENT OF THE COST
22 OF TRAINING.
23 (III) ALLOWABLE TRAINING EXPENDITURES MAY INCLUDE EXPENSES FOR CLASS-
24 ROOM INSTRUCTION AND ON-THE-JOB TRAINING.
25 (C) NO SKILLS TRAINING ASSISTANCE SHALL BE PROVIDED BY THE CORPORATION
26 UNLESS AND UNTIL THE DEPARTMENT OF ECONOMIC DEVELOPMENT HAS REVIEWED AND
27 APPROVED EACH PROJECT.
28 (D) (I) FOR THOSE PROJECTS FUNDED PURSUANT TO THE PROVISIONS OF THIS
29 SUBDIVISION, THE CORPORATION SHALL SUBMIT TO THE GOVERNOR, THE SPEAKER
30 OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE CHAIR OF
31 THE COMMISSION ON SKILLS DEVELOPMENT AND VOCATIONAL EDUCATION A REPORT
32 OF THE TRAINING ASSISTANCE PROVIDED BY SUCH PROJECTS TO BE SUBMITTED NOT
33 LATER THAN SEPTEMBER FIRST OF EACH YEAR.
34 (II) THE REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, A DESCRIPTION OF
35 THE TRAINING ACTIVITY PROVIDED, EVIDENCE OF LINKAGES WITH OTHER PUBLICLY
36 FUNDED TRAINING PROGRAMS, SPECIFICATION OF OUTCOMES ACHIEVED INCLUDING
37 NUMBER OF JOB PLACEMENTS, JOBS RETAINED, JOBS CREATED, OR A MEASURE OF
38 PRODUCTIVITY IMPROVEMENT, THE TYPES OF BUSINESSES SERVED BY SIZE AND
39 SECTOR, AND FUNDS PROVIDED FOR THE CONSTRUCTION/RENOVATION OF FACILITIES
40 OR PURCHASE OF EQUIPMENT FOR TRAINING PURPOSES.
41 8. (A) THE CORPORATION SHALL PROVIDE FINANCING UP TO TWO MILLION
42 DOLLARS FOR CHILD CARE ASSISTANCE PROJECTS FOR THE ESTABLISHMENT, EXPAN-
43 SION AND DEVELOPMENT OF NOT-FOR-PROFIT CHILD DAY CARE CENTERS WHICH
44 SERVE THE NEEDS OF SMALL AND MEDIUM-SIZED COMMERCIAL, INDUSTRIAL,
45 SERVICE AND OTHER SMALL AND MEDIUM-SIZED BUSINESSES, AND OF HEALTH-RE-
46 LATED BUSINESSES AND DEGREE-GRANTING INSTITUTIONS OF HIGHER EDUCATION.
47 (B) SUCH FINANCING MAY CONSIST OF:
48 (I) GRANTS FOR THE ESTABLISHMENT OF LICENSED, NOT-FOR-PROFIT CHILD DAY
49 CARE CENTERS DEVELOPED IN CONJUNCTION WITH SMALL AND MEDIUM-SIZED BUSI-
50 NESSES, HEALTH-RELATED BUSINESSES AND DEGREE-GRANTING INSTITUTIONS OF
51 HIGHER EDUCATION. SUCH GRANTS SHALL NOT EXCEED FORTY PERCENT OF THE
52 TOTAL PROJECT COST, MAY BE IN AMOUNTS UP TO ONE HUNDRED THOUSAND DOLLARS
53 AND MAY BE USED FOR GENERAL PROJECT DEVELOPMENT COSTS, INCLUDING, BUT
54 NOT LIMITED TO:
A. 1112 6
1 (A) STUDIES TO ASSESS THE FEASIBILITY OF, OR PRELIMINARY PLANNING FOR,
2 THE DEVELOPMENT OF CHILD DAY CARE CENTERS SPONSORED BY A NOT-FOR-PROFIT
3 PROVIDER OR A CONSORTIA OF FIRMS;
4 (B) THE ACQUISITION, DESIGN, CONSTRUCTION, IMPROVEMENT OR RENOVATION
5 OF THE CHILD DAY CARE CENTER; AND
6 (C) THE PURCHASE OF PERMANENTLY INSTALLED MACHINERY AND EQUIPMENT
7 NECESSARY TO ESTABLISH OR EXPAND A CHILD DAY CARE CENTER.
8 (II) LOANS FOR COSTS ASSOCIATED WITH THE DEVELOPMENT OR EXPANSION OF
9 CHILD DAY CARE CENTERS TO A NOT-FOR-PROFIT CHILD CARE PROVIDER, OR A
10 SMALL OR MEDIUM-SIZED BUSINESS, CONSORTIA OF SUCH FIRMS OR HEALTH-RELAT-
11 ED BUSINESS OR DEGREE-GRANTING INSTITUTION OF HIGHER EDUCATION THAT HAS
12 CONTRACTED WITH A NOT-FOR-PROFIT CHILD CARE PROVIDER TO SUPPLY CHILD
13 CARE SERVICES, PROVIDED, HOWEVER, THAT:
14 (A) SUCH LOANS MAY BE USED FOR THE ACQUISITION, DESIGN, CONSTRUCTION,
15 IMPROVEMENT OR RENOVATION OF A CHILD DAY CARE CENTER AT THE PROJECT SITE
16 AND/OR FOR THE PURCHASE OF PERMANENTLY INSTALLED MACHINERY AND EQUIPMENT
17 IN CONNECTION THEREWITH, OR FOR THE PROVISION OF WORKING CAPITAL TO SUCH
18 CENTER; AND
19 (B) THE CORPORATION SHALL DETERMINE THE TERMS AND INTEREST RATES OF
20 SUCH LOANS, EXCEPT THAT NO LOAN SHALL EXCEED SIXTY PERCENT OF THE TOTAL
21 PROJECT COST, OR TWO HUNDRED FIFTY THOUSAND DOLLARS, WHICHEVER IS LESS.
22 (C) FINANCING FOR CHILD CARE ASSISTANCE PROJECTS AUTHORIZED PURSUANT
23 TO THIS SUBDIVISION, SHALL ONLY BE MADE UPON A DETERMINATION BY THE
24 CORPORATION THAT SUCH CENTER WILL APPROVE OR MAINTAIN THE PRODUCTIVITY
25 OF THE SPONSORING COMPANY OR COMPANIES. SUCH LOANS AND GRANTS SHALL ONLY
26 BE MADE FOR CHILD CARE CENTERS WHERE ADEQUATE DAY CARE FACILITIES ARE
27 NOT AVAILABLE FOR EMPLOYEES OF BUSINESSES WITHIN THE AREA OF THE
28 PROPOSED CENTER. SUCH CENTERS SHALL:
29 (I) DEMONSTRATE AN ABILITY TO OBTAIN, FROM THE APPROPRIATE GOVERN-
30 MENTAL AGENCIES, ALL NECESSARY APPROVALS AND LICENSES REQUIRED TO OPER-
31 ATE THE CENTER; AND
32 (II) DEMONSTRATE AN ABILITY TO PREVENT ACCESS BY CHILDREN TO ANY
33 EQUIPMENT IN SUCH CENTERS WHICH COULD BE INJURIOUS TO THEIR HEALTH OR
34 SAFETY.
35 (D) THE CORPORATION SHALL WORK CLOSELY WITH THE NEW YORK STATE JOB
36 DEVELOPMENT AUTHORITY, THE NEW YORK STATE DEPARTMENT OF ECONOMIC DEVEL-
37 OPMENT, THE NEW YORK STATE DEPARTMENT OF FAMILY ASSISTANCE, CHILD CARE
38 RESOURCE AND REFERRAL CENTERS, AND OTHER SOURCES OFFERING ASSISTANCE FOR
39 CHILD CARE IN THE STATE IN ORDER TO ASSURE COORDINATION OF SERVICES.
40 9. THE CORPORATION MAY MAKE GRANTS TO REGIONAL REVOLVING LOAN TRUST
41 FUNDS ESTABLISHED PURSUANT TO SECTION SIXTEEN-A OF THIS ACT FOR THE
42 PURPOSE OF RECAPITALIZING SUCH FUNDS. NO SUCH GRANT MAY EXCEED THREE
43 HUNDRED THOUSAND DOLLARS.
44 10. (A) THE CORPORATION SHALL DEVELOP AND CONSIDER CRITERIA FOR DETER-
45 MINING ECONOMIC DISTRESS WITHIN THE AREAS OF THE STATE. FACTORS TO BE
46 CONSIDERED IN DETERMINING ECONOMIC DISTRESS SHALL INCLUDE:
47 (I) UNEMPLOYMENT RATE;
48 (II) RATE OF EMPLOYMENT CHANGE;
49 (III) PERCENTAGES AND NUMBERS OF LOW-INCOME PERSONS;
50 (IV) RATE OF PER CAPITA INCOME CHANGE;
51 (V) POPULATION CHANGE; AND
52 (VI) SUCH OTHER INDICATORS OF DISTRESS AS THE CORPORATION SHALL DETER-
53 MINE.
54 (B) ECONOMICALLY DISTRESSED AREAS SHALL ALSO INCLUDE PARTS OF MUNICI-
55 PALITIES OTHERWISE NOT QUALIFYING, WHICH MEET UNEMPLOYMENT, INCOME AND
56 OTHER CRITERIA ESTABLISHED BY THE CORPORATION.
A. 1112 7
1 11. THE CORPORATION SHALL DEVELOP AND USE A STANDARD PROJECT APPLICA-
2 TION FORM. PROJECT APPLICATIONS SHALL BE COMPLETED, REVIEWED AND EVALU-
3 ATED AT THE REGIONAL LEVEL PURSUANT TO ELIGIBILITY REQUIREMENTS AND
4 CRITERIA PROMULGATED BY THE CORPORATION. THESE COMPLETED APPLICATIONS
5 SHALL BE SUBMITTED TO THE CORPORATION WITH RECOMMENDATIONS FOR THE
6 PROJECT RANKED IN PRIORITY ORDER. PROVIDED, HOWEVER, THAT AN APPLICANT
7 MAY MAKE AN APPLICATION DIRECTLY TO THE CORPORATION FOR APPROVAL.
8 12. (A) NOTWITHSTANDING ANY PROVISIONS OF LAW TO THE CONTRARY, THE
9 CORPORATION SHALL ESTABLISH WITHIN ITS TREASURY A REGIONAL ECONOMIC
10 DEVELOPMENT ASSISTANCE REVOLVING LOAN ACCOUNT, SHALL PAY INTO SUCH
11 ACCOUNT ANY MONEYS WHICH MAY BE MADE AVAILABLE TO THE CORPORATION FOR
12 THIS PURPOSE FROM ANY SOURCE INCLUDING, BUT NOT LIMITED TO, MONEYS
13 APPROPRIATED BY THE STATE AND ANY INCOME EARNED BY, OR INCREMENT TO, THE
14 ACCOUNT DUE TO THE INVESTMENT THEREOF, OR ANY REPAYMENT OF PRINCIPAL AND
15 INTEREST ON LOANS MADE BY THE CORPORATION FOR PROJECTS AUTHORIZED PURSU-
16 ANT TO THIS SECTION. THE AMOUNTS DEPOSITED IN THE REGIONAL ECONOMIC
17 DEVELOPMENT ASSISTANCE REVOLVING LOAN ACCOUNT MAY NOT BE INTERCHANGED
18 WITH ANY OTHER ACCOUNT.
19 (B) ALL LOANS DISBURSED BY THE CORPORATION SHALL BE REPAID INTO SUCH
20 ACCOUNT AND SUCH REPAYMENTS SHALL BE AVAILABLE TO THE CORPORATION FOR
21 RELENDING AND UP TO ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS OF SUCH
22 REPAYMENTS SHALL BE AVAILABLE FOR PROGRAM ADMINISTRATION DESIGNED TO
23 EXPEDITE PROGRAM DISBURSEMENTS AND FOR OUTREACH IN HIGHLY DISTRESSED
24 AREAS.
25 (C) AT LEAST ONE MILLION ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS, BUT
26 NO MORE THAN TWO MILLION FIVE HUNDRED THOUSAND DOLLARS OF THE FUNDS
27 APPROPRIATED TO EFFECTUATE THE PROVISIONS OF THIS SECTION SHALL BE
28 AVAILABLE FOR TOURISM DESTINATION PROJECTS, AND FOR ECONOMIC DEVELOPMENT
29 ASSISTANCE PROGRAMS WHICH FOCUS PRIMARILY ON TOURISM.
30 (D) NO MORE THAN 2.5 PERCENT OF THE FUNDS APPROPRIATED TO EFFECTUATE
31 THE PROVISIONS OF THIS SECTION SHALL BE MADE AVAILABLE FOR REGIONAL
32 STRATEGIC PLANNING.
33 (E) THE CORPORATION SHALL APPROVE PROJECT LOANS OR GRANTS ON AT LEAST
34 A FOUR-MONTH CYCLE.
35 13. (A) IN APPROVING LOANS OR GRANTS AUTHORIZED PURSUANT TO THE
36 PROVISIONS OF THIS SECTION, THE CORPORATION SHALL GIVE PRIORITY CONSID-
37 ERATION TO:
38 (I) THE NUMBER OF JOBS CREATED OR RETAINED, WITH PREFERENCE FOR
39 PROJECTS THAT CREATE JOBS FOR PERSONS ELIGIBLE FOR BENEFITS UNDER THE
40 PROVISIONS OF THE JOB TRAINING PARTNERSHIP ACT (P.L. 97-300); AND
41 (II) WHETHER A PROJECT IS LOCATED IN AN AREA OF ECONOMIC DISTRESS.
42 (B) OTHER FACTORS TO BE CONSIDERED BY THE CORPORATION SHALL INCLUDE:
43 (I) THE IMPACT OF THE PROJECT ON THE EMPLOYMENT AND ECONOMIC CONDITION
44 OF THE COMMUNITY;
45 (II) THE COST PER JOB CREATED OR RETAINED BASED ON TOTAL PROJECT COST;
46 (III) THE PARTICIPATION OF MINORITY OR WOMEN-OWNED BUSINESSES;
47 (IV) THE AMOUNT OF PRIVATE INVESTMENT LEVERAGED;
48 (V) THE LEVEL OF LOCAL PUBLIC SUPPORT; AND
49 (VI) THE LIKELIHOOD OF ACCOMPLISHING THE PROJECT IN A TIMELY FASHION.
50 14. THE CHAIRMAN OF THE CORPORATION SHALL SUBMIT TO THE DIRECTOR OF
51 THE BUDGET, THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF
52 THE SENATE AN EVALUATION OF THE SUCCESS OF THE PROGRAM PREPARED BY AN
53 ENTITY INDEPENDENT OF THE CORPORATION. SUCH EVALUATION SHALL DETERMINE
54 WHETHER THE ASSISTANCE PROVIDED HAS ENHANCED THE ECONOMIC CONDITIONS OF
55 ASSISTED BUSINESSES OR PROJECTS, AND SHALL MAKE RECOMMENDATIONS FOR
56 IMPROVEMENTS WHICH WOULD MAKE THE PROGRAM MORE EFFECTIVE. SUCH EVALU-
A. 1112 8
1 ATION SHALL BE SUBMITTED BY SEPTEMBER FIRST, TWO THOUSAND TEN AND BY
2 SEPTEMBER FIRST EVERY TWO YEARS THEREAFTER.
3 S 3. This act shall take effect on the first of April next succeeding
4 the date on which it shall have become a law.
