Bill Text: NY S01129 | 2009-2010 | General Assembly | Amended


Bill Title: Establishes an urban and community development program in the urban development corporation; defines relevant terms; provides for procedures to be followed in implementing the program; provides for preference to be given to economic assistance for projects in distressed areas.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2010-05-06 - PRINT NUMBER 1129A [S01129 Detail]

Download: New_York-2009-S01129-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1129--A
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   January 26, 2009
                                      ___________
       Introduced  by  Sens.  PERKINS,  DIAZ, DUANE, HASSELL-THOMPSON, ONORATO,
         PARKER, THOMPSON -- read twice and ordered printed, and  when  printed
         to  be  committed  to  the  Committee on Corporations, Authorities and
         Commissions -- recommitted to the Committee on Corporations,  Authori-
         ties  and  Commissions  in  accordance  with  Senate Rule 6, sec. 8 --
         committee discharged, bill amended, ordered reprinted as  amended  and
         recommitted to said committee
       AN ACT to amend the New York state urban development corporation act, in
         relation to establishing an urban and community development program
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Statement of legislative findings and purpose.  The  legis-
    2  lature  finds  that  the  recent  shift  in  emphasis toward state/local
    3  economic development partnerships and  state  support  of  regional  and
    4  local  economic  development activities requires a clear articulation of
    5  strategic objectives, a delineation of respective state/local roles, and
    6  a responsive state mechanism for delivering assistance and services.
    7    The legislature further finds that New York state has a broad  network
    8  of  community-based,  not-for-profit  economic development organizations
    9  with a knowledge of community conditions, needs, strengths  and  priori-
   10  ties  and  which  possess  an  on-the-scenes knowledge of local business
   11  conditions and experience in providing  technical  assistance  to  small
   12  businesses, managing business retention programs, and providing a varie-
   13  ty of other services.
   14    The  legislature  further  finds  and  declares that the core areas of
   15  communities throughout the state, composed of central business districts
   16  or commercial strips and their adjacent, surrounding areas, are  suffer-
   17  ing  from  deterioration  and  decline that have negatively affected the
   18  abilities of these communities, as a whole, to retain and  attract  both
   19  residents and jobs.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05458-02-0
       S. 1129--A                          2
    1    The legislature further finds that the revitalization of central busi-
    2  ness  districts  and  commercial strips can result in increased property
    3  values, an expanded tax base, the development of new businesses, and  an
    4  enhanced  ability  to attract and retain industry, tourism and residents
    5  in  central business districts and commercial strips and their surround-
    6  ing areas.
    7    The legislature further finds that state efforts  to  revitalize  such
    8  core  areas  in distressed communities must be coordinated, strengthened
    9  and improved to restore the health of those communities.
   10    Therefore, the legislature declares that it is in the interest of  the
   11  economic  vitality  of  the state to support local efforts to revitalize
   12  the core business areas of economically distressed communities through a
   13  comprehensive program of management support,  technical  assistance  and
   14  targeted project support.
   15    S 2. Section 3 of section 1 of chapter 174 of the laws of 1968 consti-
   16  tuting  the  New York state urban development corporation act is amended
   17  by adding nine new subdivisions 31, 32, 33, 34, 35, 36, 37, 38 and 39 to
   18  read as follows:
   19    (31) "BUSINESS IMPROVEMENT DISTRICT" SHALL MEAN A  SPECIAL  ASSESSMENT
   20  DISTRICT  ESTABLISHED  PURSUANT TO ARTICLE 19-A OF THE GENERAL MUNICIPAL
   21  LAW.
   22    (32) "BUSINESS DISTRICT" SHALL MEAN THE CENTRAL DISTRICT OF A  MUNICI-
   23  PALITY OR NEIGHBORHOOD AREA TRADITIONALLY USED FOR COMMERCIAL PURPOSES.
   24    (33)  "COMMERCIAL  REVITALIZATION  ACTIVITIES" SHALL MEAN ANY ACTIVITY
   25  WHICH CONTRIBUTES TO THE ENHANCEMENT  OF  AN  URBAN  OR  RURAL  BUSINESS
   26  DISTRICT  OR  SURROUNDING  AREA. SUCH ACTIVITIES MAY INCLUDE, BUT NOT BE
   27  LIMITED TO:
   28    (A) THE ACQUISITION,  MAINTENANCE,  REPAIR,  REHABILITATION  OR  OTHER
   29  IMPROVEMENTS  TO  VACANT  OR  OCCUPIED COMMERCIAL, SERVICE OR INDUSTRIAL
   30  FACILITIES;
   31    (B) PHYSICAL IMPROVEMENTS TO PUBLIC AREAS SUCH  AS  STREET  FURNITURE,
   32  LIGHTING, INFORMATION KIOSKS, TRASH RECEPTACLES, AND OTHER AMENITIES;
   33    (C) PROGRAMS PROVIDING ASSISTANCE FOR SECURITY, JOB PLACEMENT, MARKET-
   34  ING  AND  PROMOTION,  ENERGY CONSERVATION, ARCHITECTURAL DESIGN STUDIES,
   35  GENERAL BUSINESS SERVICES AND  THE  FORMATION  OF  BUSINESS  IMPROVEMENT
   36  DISTRICTS.
   37    (34)  "COMMERCIAL  STRIP"  SHALL  MEAN A PREDOMINANTLY COMMERCIAL AREA
   38  TRADITIONALLY USED FOR COMMERCIAL PURPOSES IN A MAJOR URBAN  AREA  WHICH
   39  MAY  NOT  BE  THE  PRIMARY BUSINESS DISTRICT AND WHICH IS ONE OF SEVERAL
   40  COMMERCIAL DISTRICTS IN THE MUNICIPALITY IN WHICH IT IS LOCATED.
   41    (35) "ECONOMICALLY DISTRESSED AREAS" SHALL MEAN  AREAS  DETERMINED  BY
   42  THE  COMMISSIONER OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT ON THE BASIS
   43  OF CRITERIA INDICATIVE OF ECONOMIC DISTRESS,  INCLUDING  POVERTY  RATES,
   44  NUMBERS OF PERSONS RECEIVING PUBLIC ASSISTANCE, UNEMPLOYMENT RATES, RATE
   45  OF  EMPLOYMENT  DECLINE,  POPULATION  LOSS,  RATE  OF  PER CAPITA INCOME
   46  CHANGE, DECLINE IN ECONOMIC ACTIVITY AND PRIVATE  INVESTMENT,  AND  SUCH
   47  OTHER  INDICATORS  AS  THE COMMISSIONER DEEMS APPROPRIATE.  ECONOMICALLY
   48  DISTRESSED AREAS MAY INCLUDE  CITIES,  MUNICIPALITIES,  BLOCK  NUMBERING
   49  AREAS, AND CENSUS TRACTS.
   50    (36)  "HIGHLY  DISTRESSED"  SHALL  MEAN SUFFERING FROM SEVERE ECONOMIC
   51  DISTRESS AS DETERMINED BY THE  CORPORATION  USING  CRITERIA  SIMILAR  TO
   52  THOSE  SET FORTH IN ARTICLE 18-B OF THE GENERAL MUNICIPAL LAW FOR DETER-
   53  MINING ELIGIBILITY FOR EMPIRE ZONE STATUS.
   54    (37) "IN-KIND SERVICES" SHALL MEAN THE DONATION OF QUANTIFIABLE  GOODS
   55  AND  SERVICES  INCLUDING  BUT  NOT  LIMITED TO PROFESSIONAL SERVICES AND
   56  TIME, EQUIPMENT, MATERIAL AND OFFICE SPACE FOR USE BY AN  APPLICANT  FOR
       S. 1129--A                          3
    1  AN  URBAN  AND COMMUNITY DEVELOPMENT PROGRAM GRANT IN FURTHERANCE OF ITS
    2  STATED PURPOSES OR PROVIDED ON BEHALF OF SUCH APPLICANT  BY  OTHERS  FOR
    3  SUCH PURPOSES AND FOR WHICH THERE IS NO MONETARY REMUNERATION.
    4    (38)  "NOT-FOR-PROFIT  CORPORATION" SHALL MEAN A CORPORATION ORGANIZED
    5  UNDER THE PROVISIONS OF THE NOT-FOR-PROFIT CORPORATION LAW.
    6    (39) "SURROUNDING AREA"  OR  "CONTIGUOUS  AREA"  SHALL  MEAN  AN  AREA
    7  CONTIGUOUS WITH A BUSINESS DISTRICT.
    8    S 3. Section 1 of chapter 174 of the laws of 1968 constituting the New
    9  York  state urban development corporation act is amended by adding a new
   10  section 16-t to read as follows:
   11    S 16-T. URBAN AND COMMUNITY DEVELOPMENT PROGRAM.  (1) PROGRAM CREATED.
   12  THERE IS HEREBY CREATED  AN  URBAN  AND  COMMUNITY  DEVELOPMENT  PROGRAM
   13  CONSISTING OF THE FOLLOWING:
   14    (A) AN URBAN AND COMMUNITY MAIN STREET REVITALIZATION PROGRAM PURSUANT
   15  TO SUBDIVISION FOUR OF THIS SECTION.
   16    (B)  AN  URBAN  AND  COMMUNITY  DEVELOPMENT  ASSISTANCE GRANTS PROGRAM
   17  PURSUANT TO SUBDIVISION FIVE OF THIS SECTION.
   18    (C) AN URBAN AND COMMUNITY PROJECT  DEVELOPMENT  PROGRAM  PURSUANT  TO
   19  SUBDIVISION SIX OF THIS SECTION.
   20    (D)  AN  URBAN AND COMMUNITY TRAINING AND TECHNICAL ASSISTANCE PROGRAM
   21  PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION.
   22    (2) APPLICATIONS. APPLICATIONS FOR SUPPORT UNDER THIS PROGRAM SHALL BE
   23  MADE IN A FORM AND MANNER AS DETERMINED BY THE  CORPORATION  AND  APPLI-
   24  CANTS  SHALL  BE  REQUIRED  TO MEET THE CRITERIA AND REQUIREMENTS ESTAB-
   25  LISHED BY THE CORPORATION, INCLUDING BUT NOT LIMITED TO:
   26    (A) FACTORS OF ECONOMIC DISTRESS;
   27    (B) THE ABILITY  OF  THE  APPLICANT  TO  OBTAIN  FINANCIAL  AND  OTHER
   28  SUPPORT,  WHERE REQUIRED, FROM PUBLIC OR PRIVATE SOURCES, OTHER THAN THE
   29  STATE;
   30    (C) THE EXTENT OF SUPPORT FOR, AND  INVOLVEMENT  IN,  THE  PROGRAM  OR
   31  PROJECT  OF  UNITS OF LOCAL GOVERNMENT, THE LOCAL BUSINESS COMMUNITY AND
   32  LOCAL ECONOMIC DEVELOPMENT PROFESSIONALS;
   33    (D) SUCH OTHER REQUIREMENTS AND CRITERIA AS SET FORTH  BY  THE  CORPO-
   34  RATION.
   35    (3)    PREFERENCE.    PREFERENCE  WILL  BE GIVEN TO PROJECTS WHICH ARE
   36  LOCATED IN HIGHLY DISTRESSED COMMUNITIES, AND FOR WHICH OTHER PUBLIC  OR
   37  PRIVATE FUNDING SOURCES ARE NOT AVAILABLE.
   38    (4)    URBAN  AND  COMMUNITY MAIN STREET REVITALIZATION PROGRAM.   (A)
   39  THERE IS HEREBY ESTABLISHED WITHIN THE URBAN AND  COMMUNITY  DEVELOPMENT
   40  PROGRAM, AN URBAN AND COMMUNITY MAIN STREET REVITALIZATION PROGRAM WHICH
   41  SHALL  BE USED TO PROVIDE MATCHING GRANTS TO URBAN AND RURAL COMMUNITIES
   42  INVOLVED IN COMMERCIAL REVITALIZATION  ACTIVITIES  IN  CENTRAL  BUSINESS
   43  DISTRICTS  OR COMMERCIAL STRIPS TO SUPPORT THE MANAGEMENT OF SUCH ACTIV-
   44  ITIES.
   45    (B) THE CORPORATION SHALL, WITHIN AVAILABLE APPROPRIATIONS, AWARD SUCH
   46  GRANTS TO LOCAL DEVELOPMENT CORPORATIONS, BUSINESS IMPROVEMENT DISTRICTS
   47  AND OTHER NOT-FOR-PROFIT ORGANIZATIONS INVOLVED IN COMMERCIAL  REVITALI-
   48  ZATION ACTIVITIES ON A COMPETITIVE BASIS AND IN RESPONSE TO REQUESTS FOR
   49  PROPOSALS  THAT SHALL BE DISTRIBUTED TO SUCH ORGANIZATIONS BY THE CORPO-
   50  RATION FOR THE PURPOSE OF SOLICITING APPLICATIONS.
   51    (C)  THE GRANTS AWARDED UNDER PARAGRAPHS (F) AND (G) OF THIS  SUBDIVI-
   52  SION SHALL BE USED FOR THE ADMINISTRATIVE COSTS OF A COMMERCIAL REVITAL-
   53  IZATION  PROGRAM  CONDUCTED BY AN INDIVIDUAL, HEREINAFTER REFERRED TO AS
   54  THE BUSINESS DISTRICT COORDINATOR, WHOSE PURPOSE SHALL BE TO  COORDINATE
   55  THE  COMMERCIAL REVITALIZATION ACTIVITIES OF A CENTRAL BUSINESS DISTRICT
   56  OR COMMERCIAL STRIP.
       S. 1129--A                          4
    1    (D) REQUESTS FOR PROPOSALS UNDER THIS SUBDIVISION SHALL SET FORTH SUCH
    2  CRITERIA AS THE CORPORATION DEEMS NECESSARY, INCLUDING THOSE  SET  FORTH
    3  IN    SUBDIVISION  TWO OF THIS SECTION AND INCLUDING, BUT NOT LIMITED TO
    4  THE FOLLOWING:
    5    (I)    THE  POTENTIAL  IMPACT  THE  PROPOSED COMMERCIAL REVITALIZATION
    6  PROJECT WOULD HAVE ON ECONOMIC DEVELOPMENT AND EMPLOYMENT  OPPORTUNITIES
    7  IN THE MAIN STREET COMMUNITY AND THE REGION;
    8    (II)  DETERMINATION BY THE CORPORATION OF THE EXISTENCE OF SIGNIFICANT
    9  SUPPORT  FOR  SUCH  ACTIVITIES  FROM THE LOCAL BUSINESS COMMUNITY, LOCAL
   10  GOVERNMENT AND COMMUNITY ORGANIZATIONS WITHIN THE MAIN STREET COMMUNITY,
   11  INCLUDING THE COMMITMENT OF FINANCIAL RESOURCES; AND
   12    (III)   THE POTENTIAL  FOR  THE  COMMUNITY  TO  ESTABLISH  A  BUSINESS
   13  IMPROVEMENT DISTRICT.
   14    (E)  RURAL COMMERCIAL REVITALIZATION PLANNING GRANTS. (I) NOT-FOR-PRO-
   15  FIT CORPORATIONS LOCATED WITHIN MUNICIPALITIES WITH POPULATIONS  NOT  IN
   16  EXCESS  OF FIFTY THOUSAND PERSONS SHALL BE ELIGIBLE TO APPLY FOR COMMER-
   17  CIAL REVITALIZATION PLANNING GRANTS FROM THE  CORPORATION.  SUCH  GRANTS
   18  SHALL  BE USED FOR THE PLANNING AND ORGANIZATION OF COMMERCIAL REVITALI-
   19  ZATION ACTIVITIES INCLUDING AN ANALYSIS OF THE  SPECIFIC  NEEDS  OF  THE
   20  COMMUNITY  IN  ADDITION  TO BOTH SHORT-TERM AND LONG-TERM STRATEGIES FOR
   21  MEETING THOSE NEEDS.
   22    (II) GRANTS MADE UNDER  THIS  PARAGRAPH  SHALL  BE  LIMITED  TO  FORTY
   23  PERCENT  OF  THE  ACTUAL COSTS FOR PLANNING AND ORGANIZING OF COMMERCIAL
   24  REVITALIZATION ACTIVITIES, AND SHALL NOT EXCEED  FIVE  THOUSAND  DOLLARS
   25  PER GRANT, PROVIDED, HOWEVER, THAT IN HIGHLY DISTRESSED COMMUNITIES SUCH
   26  GRANTS  SHALL  BE  LIMITED TO SIXTY PERCENT OF SUCH COSTS.  NO COMMUNITY
   27  MAY RECEIVE MORE THAN ONE GRANT UNDER THIS PARAGRAPH.
   28    (F) MANAGEMENT ASSISTANCE FOR RURAL COMMUNITIES.   (I)  NOT-FOR-PROFIT
   29  CORPORATIONS  LOCATED  WITHIN  MUNICIPALITIES  WITH  POPULATIONS  NOT IN
   30  EXCESS OF FIFTY THOUSAND PERSONS SHALL BE ELIGIBLE TO APPLY  FOR  GRANTS
   31  FOR  THE ADMINISTRATION OF COMMERCIAL REVITALIZATION ACTIVITIES IN THEIR
   32  BUSINESS DISTRICTS. PREFERENCE WILL BE GIVEN TO COMMUNITIES WHICH HAVE A
   33  COMPREHENSIVE LOCAL PLAN FOR COMMERCIAL REVITALIZATION.
   34    (II) THE GRANTS AWARDED UNDER THIS PARAGRAPH SHALL  BE  USED  FOR  THE
   35  ADMINISTRATIVE COSTS OF A COMMERCIAL REVITALIZATION PROGRAM CONDUCTED BY
   36  AN  INDIVIDUAL,  HEREINAFTER REFERRED TO AS THE MAIN STREET COORDINATOR,
   37  WHOSE PURPOSE SHALL  BE  TO  COORDINATE  THE  COMMERCIAL  REVITALIZATION
   38  ACTIVITIES  OF  THE BUSINESS DISTRICT.  EACH SUCH GRANT SHALL BE LIMITED
   39  TO FORTY PERCENT OF THE ACTUAL COSTS OF ADMINISTERING SUCH ACTIVITIES BY
   40  THE MAIN STREET COORDINATOR FOR THE FIRST YEAR  OF  THE  GRANT;  IN  THE
   41  SECOND  YEAR OF THE GRANT, SUCH GRANT SHALL BE LIMITED TO THIRTY PERCENT
   42  OF THE ACTUAL COSTS; AND IN THE THIRD YEAR  OF  THE  GRANT,  SUCH  GRANT
   43  SHALL  BE LIMITED TO TWENTY PERCENT OF THE ACTUAL COSTS, EXCEPT THAT FOR
   44  GRANTS MADE TO SUPPORT A MAIN STREET COORDINATOR  LOCATED  IN  A  HIGHLY
   45  DISTRESSED  AREA, SUCH GRANTS MAY BE INCREASED TO COVER ADDITIONAL COSTS
   46  EQUAL TO TEN PERCENT OF TOTAL COSTS IN EACH YEAR. THE CORPORATION  SHALL
   47  DETERMINE  THE MAXIMUM DOLLAR AMOUNT PERMISSIBLE FOR EACH SUCH GRANT. NO
   48  ORGANIZATION SHALL BE ELIGIBLE TO APPLY FOR OR RECEIVE SUCH GRANTS AFTER
   49  THE THIRD YEAR OF SUPPORT UNDER THIS SUBDIVISION.
   50    (III) EACH MAIN STREET COORDINATOR WHOSE ADMINISTRATIVE ACTIVITIES ARE
   51  SUPPORTED BY A GRANT AWARDED UNDER  THIS  PARAGRAPH  SHALL  SUCCESSFULLY
   52  COMPLETE  A  TRAINING  PROGRAM  CONDUCTED BY THE CORPORATION PURSUANT TO
   53  PARAGRAPH (A) OF SUBDIVISION SEVEN OF THIS SECTION.
   54    (G) MANAGEMENT ASSISTANCE FOR URBAN AREAS.  (I) NOT-FOR-PROFIT  CORPO-
   55  RATIONS  LOCATED  WITHIN  MUNICIPALITIES  WITH  POPULATIONS IN EXCESS OF
   56  FIFTY THOUSAND PERSONS SHALL BE ELIGIBLE TO APPLY  FOR  GRANTS  FOR  THE
       S. 1129--A                          5
    1  ADMINISTRATION OF COMMERCIAL REVITALIZATION ACTIVITIES IN THEIR BUSINESS
    2  DISTRICTS.
    3    (II)  THE  GRANTS AWARDED UNDER THIS SUBDIVISION SHALL BE USED FOR THE
    4  ADMINISTRATIVE COSTS OF A COMMERCIAL REVITALIZATION PROGRAM CONDUCTED BY
    5  AN INDIVIDUAL, HEREINAFTER REFERRED TO AS THE STRIP  COORDINATOR,  WHOSE
    6  PURPOSE  SHALL BE TO COORDINATE THE COMMERCIAL REVITALIZATION ACTIVITIES
    7  OF THE BUSINESS DISTRICT.  EACH SUCH GRANT   SHALL BE LIMITED  TO  FORTY
    8  PERCENT  OF  THE  ACTUAL  COSTS  OF ADMINISTERING SUCH ACTIVITIES BY THE
    9  STRIP COORDINATOR FOR THE FIRST YEAR OF THE GRANT; IN THE SECOND YEAR OF
   10  THE GRANT, SUCH GRANT SHALL BE LIMITED TO THIRTY PERCENT OF  THE  ACTUAL
   11  COSTS;  AND  IN THE THIRD YEAR OF THE GRANT, SUCH GRANT SHALL BE LIMITED
   12  TO TWENTY PERCENT OF THE ACTUAL COSTS, EXCEPT THAT FOR  GRANTS  MADE  TO
   13  SUPPORT  A  MAIN STREET COORDINATOR LOCATED IN A HIGHLY DISTRESSED AREA,
   14  SUCH GRANTS MAY BE INCREASED TO COVER  ADDITIONAL  COSTS  EQUAL  TO  TEN
   15  PERCENT  OF  TOTAL  COSTS IN EACH YEAR.  THE CORPORATION SHALL DETERMINE
   16  THE MAXIMUM DOLLAR AMOUNT PERMISSIBLE FOR EACH SUCH GRANT.  NO ORGANIZA-
   17  TION SHALL BE ELIGIBLE TO APPLY FOR OR RECEIVE  SUCH  GRANTS  AFTER  THE
   18  THIRD YEAR OF SUPPORT UNDER THIS SUBDIVISION.
   19    (III)    EACH  STRIP  COORDINATOR  WHOSE ADMINISTRATIVE ACTIVITIES ARE
   20  SUPPORTED BY A GRANT AWARDED UNDER  THIS  PARAGRAPH  SHALL  SUCCESSFULLY
   21  COMPLETE  A  TRAINING  PROGRAM  CONDUCTED BY THE CORPORATION PURSUANT TO
   22  PARAGRAPH (A) OF SUBDIVISION SEVEN OF THIS SECTION.
   23    (H) THE CORPORATION SHALL PROVIDE TECHNICAL ASSISTANCE FOR  COMMERCIAL
   24  REVITALIZATION PROGRAMS.  SUCH ASSISTANCE SHALL INCLUDE ESTABLISHING AND
   25  IMPLEMENTING  A  TRAINING PROGRAM FOR MAIN STREET COORDINATORS AND STRIP
   26  COORDINATORS.  IN ADDITION THE CORPORATION SHALL CONDUCT ON-SITE SURVEYS
   27  OF BUSINESS DISTRICTS IN  ECONOMICALLY  DISTRESSED  AREAS,  MONITOR  AND
   28  ASSIST  COMMUNITIES FORMING BUSINESS IMPROVEMENT DISTRICTS, AND ORGANIZE
   29  AND COORDINATE SEMINARS AND CONFERENCES TO FACILITATE  THE  EXCHANGE  OF
   30  INFORMATION REGARDING COMMERCIAL REVITALIZATION STRATEGIES.
   31    (I)  NOTWITHSTANDING ANYTHING CONTAINED TO THE CONTRARY IN THIS SUBDI-
   32  VISION, SECTIONS TEN AND SIXTEEN OF THIS ACT  SHALL  NOT  APPLY  TO  ANY
   33  GRANTS AUTHORIZED UNDER THIS SUBDIVISION.
   34    (5)  URBAN  AND  COMMUNITY DEVELOPMENT ASSISTANCE GRANTS PROGRAM.  (A)
   35  THERE IS HEREBY ESTABLISHED WITHIN THE URBAN AND  COMMUNITY  DEVELOPMENT
   36  PROGRAM,  AN  URBAN  AND COMMUNITY DEVELOPMENT ASSISTANCE GRANTS PROGRAM
   37  WHICH SHALL BE USED TO  PROVIDE  SUPPORT  TO  LOCAL  DEVELOPMENT  CORPO-
   38  RATIONS,  BUSINESS IMPROVEMENT DISTRICTS AND OTHER NOT-FOR-PROFIT ORGAN-
   39  IZATIONS FOR ACTIVITIES SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVISION.
   40    (B) THE CORPORATION SHALL, WITHIN AVAILABLE APPROPRIATIONS, AWARD SUCH
   41  GRANTS TO LOCAL DEVELOPMENT CORPORATIONS, BUSINESS IMPROVEMENT DISTRICTS
   42  AND OTHER NOT-FOR-PROFIT ORGANIZATIONS INVOLVED IN COMMERCIAL  REVITALI-
   43  ZATION ACTIVITIES IN CENTRAL BUSINESS DISTRICTS OR COMMERCIAL STRIPS AND
   44  THEIR  SURROUNDING  AREAS  ON  A  COMPETITIVE  BASIS  AND IN RESPONSE TO
   45  REQUESTS FOR PROPOSALS THAT SHALL BE DISTRIBUTED TO  SUCH  ORGANIZATIONS
   46  BY THE CORPORATION FOR THE PURPOSE OF SOLICITING APPLICATIONS.
   47    (C) SUCH ACTIVITIES MAY INCLUDE, BUT NOT BE LIMITED TO:
   48    (I)  ARCHITECTURAL DESIGN STUDIES AND SERVICES AND OTHER REDEVELOPMENT
   49  WORK IN CONNECTION WITH THE DESIGN AND  IMPLEMENTATION  OF  A  PLAN  FOR
   50  FACADE  AND OTHER IMPROVEMENTS TO COMMERCIAL STRIPS AND CENTRAL BUSINESS
   51  DISTRICTS THROUGHOUT NEW YORK STATE;
   52    (II) MARKETING AND PROMOTIONAL ACTIVITIES;
   53    (III) JOB PLACEMENT PROGRAMS;
   54    (IV) SECURITY ASSISTANCE;
   55    (V) ENERGY AUDIT PROGRAMS;
   56    (VI) ASSISTANCE IN FORMING BUSINESS IMPROVEMENT DISTRICTS;
       S. 1129--A                          6
    1    (VII) STUDIES, SURVEYS OR REPORTS, INCLUDING FEASIBILITY  STUDIES  AND
    2  PRELIMINARY PLANNING STUDIES TO:
    3    (A)  ASSESS  A  PARTICULAR  SITE OR STUDY FOR ANY ECONOMIC DEVELOPMENT
    4  PURPOSE OTHER THAN RESIDENTIAL;
    5    (B) ASSESS THE FEASIBILITY OF ORGANIZING A DISTRICT MANAGEMENT ASSOCI-
    6  ATION FOR A BUSINESS IMPROVEMENT DISTRICT;
    7    (C) IDENTIFY DEVELOPMENT  OPPORTUNITIES  WITHIN  ESTABLISHED  BUSINESS
    8  IMPROVEMENT DISTRICTS;
    9    (D)  CONDUCT FEASIBILITY OR PLANNING STUDIES IN RELATION TO THE ACQUI-
   10  SITION, CONSTRUCTION, OR RENOVATION OF COMMERCIAL, INDUSTRIAL OR  MIXED-
   11  USE FACILITIES OR DEVELOPMENTS; OR
   12    (E)  ANALYZING THE SPECIFIC NEEDS OF THE COMMUNITY IN ADDITION TO BOTH
   13  SHORT-TERM AND LONG-TERM STRATEGIES FOR MEETING THOSE NEEDS.
   14    (D) GRANTS MADE UNDER THIS SUBDIVISION SHALL:
   15    (I) NOT  BE  USED  FOR  SALARIES,  PUBLIC  IMPROVEMENTS,  OR  SERVICES
   16  CURRENTLY PROVIDED BY THE LOCAL OR STATE GOVERNMENT.
   17    (II)  BE  LIMITED  TO FIFTY PERCENT OF THE ACTUAL COST OF THE PROPOSED
   18  ACTIVITIES, AND SHALL NOT  EXCEED  FORTY  THOUSAND  DOLLARS  PER  GRANT,
   19  EXCEPT  THAT  FOR PROJECTS LOCATED IN EMPIRE ZONES AND THEIR SURROUNDING
   20  AREAS OR IN HIGHLY DISTRESSED AREAS AND  THEIR  SURROUNDING  AREAS  SUCH
   21  GRANTS MAY BE MADE FOR UP TO SIXTY PERCENT OF PROJECT COSTS.
   22    (III)  BE LIMITED TO ONE PROJECT GRANT PER YEAR UNDER THIS SUBDIVISION
   23  FOR ANY ONE ELIGIBLE NOT-FOR-PROFIT CORPORATION.
   24    (E) GRANTS MADE PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (C) OF  THIS
   25  SUBDIVISION  MAY INCLUDE MONIES AVAILABLE FOR INDIVIDUAL PROPERTY OWNERS
   26  AND/OR TENANTS WHO AGREE TO IMPROVE THEIR PROPERTY IN ACCORDANCE WITH  A
   27  FEASIBLE  DESIGN  PLAN,  PROVIDED  THAT, SUCH INDIVIDUAL PROPERTY OWNERS
   28  AND/OR TENANTS MATCH THE AMOUNT OF ANY GRANT AWARDED TO THEM.
   29    (F) TO BE ELIGIBLE FOR GRANTS UNDER THIS SUBDIVISION, APPLICANTS SHALL
   30  BE REQUIRED TO DEMONSTRATE THE EXISTENCE OF EFFECTIVE  COMMERCIAL  REVI-
   31  TALIZATION MANAGEMENT IN THE BUSINESS DISTRICT OR COMMERCIAL STRIP WHERE
   32  APPROPRIATE.
   33    (G)  NOTWITHSTANDING ANYTHING CONTAINED TO THE CONTRARY IN THIS SUBDI-
   34  VISION, SECTION SIXTEEN OF THIS  ACT  SHALL  NOT  APPLY  TO  ANY  GRANTS
   35  AUTHORIZED  UNDER SUBPARAGRAPH (I) OF PARAGRAPH (C) OF THIS SUBDIVISION,
   36  AND SECTION TEN AND SUBDIVISION 2 OF SECTION SIXTEEN OF THIS  ACT  SHALL
   37  NOT  APPLY  TO SUBPARAGRAPHS (II) THROUGH (VII) OF PARAGRAPH (C) OF THIS
   38  SUBDIVISION.
   39    (6) URBAN AND COMMUNITY PROJECT  DEVELOPMENT  PROGRAM.  (A)  THERE  IS
   40  HEREBY ESTABLISHED WITHIN THE URBAN AND COMMUNITY DEVELOPMENT PROGRAM AN
   41  URBAN  AND  COMMUNITY PROJECT DEVELOPMENT PROGRAM WHICH SHALL BE USED TO
   42  PROVIDE LOANS FOR PROJECTS AS SET FORTH IN PARAGRAPH (B) OF THIS  SUBDI-
   43  VISION, AND TO PROVIDE PROJECT DEVELOPMENT ASSISTANCE BY THE CORPORATION
   44  ACTING AS A PROJECT DEVELOPER PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVI-
   45  SION.
   46    (B)  PROJECT DEVELOPMENT LOANS. (I) THE CORPORATION MAY MAKE LOANS FOR
   47  DEVELOPMENT IN CENTRAL BUSINESS DISTRICTS AND COMMERCIAL STRIPS  LOCATED
   48  IN  EMPIRE  ZONES  DESIGNATED  PURSUANT  TO  ARTICLE 18-B OF THE GENERAL
   49  MUNICIPAL LAW, AND THEIR SURROUNDING  AREAS,  OR  IN  HIGHLY  DISTRESSED
   50  AREAS,  AND  THEIR  SURROUNDING  AREAS, FOR THE ACQUISITION, RENOVATION,
   51  AND  CONSTRUCTION  OF  DEVELOPMENT  PROJECTS,  OTHER  THAN   RESIDENTIAL
   52  PROJECTS,  AUTHORIZED  PURSUANT TO AND IN ACCORDANCE WITH THE PROVISIONS
   53  OF THIS ACT AND FOR WHICH NO OTHER FUNDS OF THE CORPORATION  ARE  AVAIL-
   54  ABLE WITH THE EXCEPTION OF ANY APPROPRIATION MADE FOR THIS PROGRAM.
   55    (II) SUCH PROJECTS SHALL BE RELATED TO THE IMPLEMENTATION OF NECESSARY
   56  CONSTRUCTION  AND  RECONSTRUCTION  PROJECTS  IDENTIFIED OR PLANNED UNDER
       S. 1129--A                          7
    1  GRANTS RECEIVED PURSUANT TO SUBPARAGRAPHS (I) AND (VII) OF PARAGRAPH (C)
    2  OF SUBDIVISION FIVE OF THIS SECTION.
    3    (III) LOANS MADE TO DEVELOPERS FOR SUCH CONSTRUCTION OR RECONSTRUCTION
    4  SHALL  NOT  EXCEED  FIFTY  PERCENT  OF  TOTAL PROJECT COSTS AND SHALL BE
    5  LOCATED IN EMPIRE ZONES DESIGNATED  PURSUANT  TO  ARTICLE  18-B  OF  THE
    6  GENERAL  MUNICIPAL  LAW  OR  IN HIGHLY DISTRESSED COMMUNITIES, AND THEIR
    7  SURROUNDING AREAS.
    8    (IV)  PROJECTS INTENDED TO BE PUBLICLY-OWNED SHALL NOT BE ELIGIBLE FOR
    9  FINANCIAL ASSISTANCE IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION OR
   10  RENOVATION OF A FACILITY OR DEVELOPMENT HEREUNDER UNLESS SUCH PROJECT IS
   11  LEASED TO A PRIVATE ENTERPRISE.
   12    (C)  PROJECT DEVELOPMENT ASSISTANCE.  (I) THE CORPORATION MAY  ACT  AS
   13  DEVELOPER  IN THE ACQUISITION, RENOVATION, CONSTRUCTION, LEASING OR SALE
   14  OF DEVELOPMENT PROJECTS, OTHER  THAN  RESIDENTIAL  PROJECTS,  AUTHORIZED
   15  PURSUANT  TO  THIS ACT IN ORDER TO STIMULATE THE DEVELOPMENT OF COMMUNI-
   16  TIES.
   17    (II)   IN ACTING AS  A  DEVELOPER,  THE  CORPORATION  MAY  BORROW  FOR
   18  PURPOSES  OF  THIS PARAGRAPH FOR APPROVED PROJECTS IN WHICH THE LENDER'S
   19  RECOURSE IS SOLELY TO THE ASSETS OF  THE  PROJECT,  AND  MAY  MAKE  SUCH
   20  ARRANGEMENTS AND AGREEMENTS WITH COMMUNITY-BASED ORGANIZATIONS AND LOCAL
   21  DEVELOPMENT  CORPORATIONS  AS  REQUIRED TO CARRY OUT THE PURPOSE OF THIS
   22  SECTION.
   23    (III)  PRIOR TO DEVELOPING ANY SUCH  PROJECT,  THE  CORPORATION  SHALL
   24  SECURE  A FIRM COMMITMENT FROM ENTITIES, INDEPENDENT OF THE CORPORATION,
   25  FOR EITHER PURCHASE OR LEASE OF SUCH PROJECTS.
   26    (IV)  PROJECTS AUTHORIZED UNDER THIS PARAGRAPH  WHETHER  DEVELOPED  BY
   27  THE  CORPORATION  OR  A  PRIVATE  DEVELOPER,  MUST  BE LOCATED IN EITHER
   28  STATE-DESIGNATED EMPIRE ZONES OR IN HIGHLY DISTRESSED COMMUNITIES.
   29    (V) THE CORPORATION, FOR PURPOSES OF THIS PARAGRAPH SHALL ONLY  SELECT
   30  PROJECTS  THAT  HAVE  PROJECT  COSTS ESTIMATED TO BE BETWEEN ONE MILLION
   31  DOLLARS AND THREE MILLION DOLLARS OF  WHICH  THE  CORPORATION'S  PARTIC-
   32  IPATION  SHALL NOT EXCEED SIXTY PERCENT OF THE TOTAL AND FOR WHICH THERE
   33  IS AN ECONOMIC DEMAND FOR THE PROJECT IN THE PARTICULAR COMMUNITY.
   34    (D)  THE CORPORATION SHALL SELECT POTENTIAL PROJECTS UNDER THIS SUBDI-
   35  VISION THROUGH A COMPETITIVE PROCESS SUCH  AS  A  REQUEST  FOR  PROPOSAL
   36  PROCESS DISTRIBUTED TO LOCAL DEVELOPMENT CORPORATIONS AND OTHERS IN SUCH
   37  COMMUNITIES.
   38    (E) THE CORPORATION SHALL:
   39    (I)    DETERMINE  WHETHER  A FEASIBILITY STUDY IS NECESSARY TO FURTHER
   40  ANALYZE SELECTED PROJECTS;
   41    (II) RECOMMEND APPLICATION OF SUCH PROJECTS TO THE URBAN AND COMMUNITY
   42  DEVELOPMENT ASSISTANCE GRANTS PROGRAM PURSUANT TO  SUBDIVISION  FIVE  OF
   43  THIS SECTION FOR FUNDING, IF APPROPRIATE, OR CONDUCT A FEASIBILITY ANAL-
   44  YSIS ITSELF; AND
   45    (III)    IN ACCORDANCE WITH RULES AND REGULATIONS TO BE PROMULGATED BY
   46  THE CORPORATION, DETERMINE WHICH PROJECTS WILL BE DEVELOPED.
   47    (7)  URBAN AND COMMUNITY TRAINING AND  TECHNICAL  ASSISTANCE  PROGRAM.
   48  THERE  IS  HEREBY ESTABLISHED WITHIN THE URBAN AND COMMUNITY DEVELOPMENT
   49  PROGRAM  AN  URBAN  AND  COMMUNITY  TRAINING  AND  TECHNICAL  ASSISTANCE
   50  PROGRAM.   THE CORPORATION SHALL, FROM APPROPRIATIONS MADE AVAILABLE FOR
   51  THESE PURPOSES:
   52    (A)  PROVIDE  TECHNICAL  ASSISTANCE  FOR   COMMERCIAL   REVITALIZATION
   53  PROGRAMS, INCLUDING ESTABLISHING AND IMPLEMENTING A TRAINING PROGRAM FOR
   54  BUSINESS  DISTRICT STREET COORDINATORS, WHO REQUEST OR WHO ARE REQUESTED
   55  BY THE CORPORATION, TO UNDERGO SUCH  TRAINING  PURSUANT  TO  SUBDIVISION
   56  FOUR OF THIS SECTION.
       S. 1129--A                          8
    1    (B)  CONDUCT  ON-SITE  SURVEYS  OF  BUSINESS DISTRICTS IN ECONOMICALLY
    2  DISTRESSED  AREAS,  MONITOR  AND  ASSIST  COMMUNITIES  FORMING  BUSINESS
    3  IMPROVEMENT  DISTRICTS, AND ORGANIZE AND COORDINATE SEMINARS AND CONFER-
    4  ENCES TO FACILITATE THE EXCHANGE  OF  INFORMATION  REGARDING  COMMERCIAL
    5  REVITALIZATION STRATEGIES.
    6    (C)  DEVELOP  THE  CAPACITY  OF  URBAN  AND COMMUNITY ORGANIZATIONS TO
    7  UNDERTAKE ECONOMIC DEVELOPMENT INITIATIVES THROUGH:
    8    (I) CONDUCTING OUTREACH TO COMMUNITIES IN AREAS WHERE LITTLE, IF  ANY,
    9  ECONOMIC DEVELOPMENT CAPACITY EXISTS, INCLUDING UNDERTAKING, WHERE NEED-
   10  ED,  PROJECT  PLANNING  AND MANAGEMENT FOR SUCH COMMUNITIES TO IMPLEMENT
   11  SPECIFIC PROJECTS.
   12    (II) PROVIDING ASSISTANCE TO SUCH  COMMUNITIES,  WHERE  NECESSARY,  IN
   13  ORGANIZING  FOR  ECONOMIC  DEVELOPMENT,  ANALYZING POTENTIAL DEVELOPMENT
   14  OPPORTUNITIES OR  OBSTACLES  TO  DEVELOPMENT,  AND  DEVELOPING  ECONOMIC
   15  DEVELOPMENT STRATEGIES.
   16    (III) PROVIDING TRAINING AND TECHNICAL AND FINANCIAL PACKAGING ASSIST-
   17  ANCE  TO  NOT-FOR-PROFIT  COMMUNITY DEVELOPMENT AND ECONOMIC DEVELOPMENT
   18  ORGANIZATIONS, EITHER DIRECTLY BY THE CORPORATION, INCLUDING THE DEPLOY-
   19  MENT OF CIRCUIT RIDERS TO PROVIDE ONGOING ASSISTANCE, AND THROUGH GRANTS
   20  TO NOT-FOR-PROFIT THIRD PARTY PROVIDERS OF SUCH SERVICES.
   21    (IV) CONTRACTING WITH NOT-FOR-PROFIT THIRD PARTIES FOR THE PURPOSE  OF
   22  PROVIDING  TECHNICAL ASSISTANCE TO MUNICIPALITIES, NOT-FOR-PROFIT ORGAN-
   23  IZATIONS, LOCAL DEVELOPMENT CORPORATIONS, LOCAL EMPIRE ZONE  ADMINISTRA-
   24  TIVE  BOARDS,  OR  BUSINESS  IMPROVEMENT  DISTRICTS TO ANALYZE POTENTIAL
   25  DEVELOPMENT OPPORTUNITIES OR OBSTACLES.
   26    (V) ESTABLISH A COMMUNITY REVITALIZATION ECONOMIC SELF-HELP PROGRAM TO
   27  ASSIST PUBLIC OFFICIALS, COMMUNITY  LEADERS,  ECONOMIC  DEVELOPMENT  AND
   28  COMMUNITY  GROUPS  TO UNDERTAKE AN ECONOMIC DEVELOPMENT PLANNING PROCESS
   29  AND TO ORGANIZE FOR ECONOMIC DEVELOPMENT.
   30    (A) ELIGIBLE APPLICANTS FOR  ASSISTANCE  UNDER  THIS  PARAGRAPH  SHALL
   31  CONSIST  OF  A  MUNICIPALITY  OR  A  CONSORTIUM OF MUNICIPALITIES FROM A
   32  REGION OF THE STATE, SUCH REGIONS AS ESTABLISHED  BY THE COMMISSIONER OF
   33  THE DEPARTMENT OF ECONOMIC DEVELOPMENT PURSUANT TO SECTION  230  OF  THE
   34  ECONOMIC DEVELOPMENT LAW.
   35    (B)  EACH  TRAINING  PROGRAM  SHALL REQUIRE EACH PARTICIPATING MUNICI-
   36  PALITY TO:
   37    (1) ESTABLISH AN ECONOMIC DEVELOPMENT PLANNING GROUP;
   38    (2) UNDERTAKE A COMMUNITY PROFILE AND NEEDS ASSESSMENT;
   39    (3) UNDERTAKE LABOR MARKET AND RESOURCE SURVEYS; AND
   40    (4) PRODUCE A FIVE-YEAR STRATEGIC PLAN AND A ONE-YEAR WORK PROGRAM.
   41    (C) REQUESTS FROM MUNICIPALITIES OR CONSORTIA  OF  MUNICIPALITIES  FOR
   42  TECHNICAL  ASSISTANCE  UNDER  THIS SECTION SHALL BE MADE DIRECTLY TO THE
   43  CORPORATION OR THROUGH THE REGIONAL OFFICES OF THE DEPARTMENT OF ECONOM-
   44  IC DEVELOPMENT.
   45    (D)  THE CORPORATION IS AUTHORIZED TO ENTER  INTO  COOPERATIVE  AGREE-
   46  MENTS  WITH STATEWIDE AND REGIONAL ECONOMIC DEVELOPMENT ORGANIZATIONS IN
   47  NEW YORK  STATE,  ACTING  AS  CONSULTANTS,  TO  CONDUCT  JOINT  TRAINING
   48  PROGRAMS  TO  TRAIN AND EDUCATE LOCAL OFFICIALS AND ECONOMIC DEVELOPMENT
   49  PRACTITIONERS PURSUANT TO THIS PARAGRAPH. ANY CONTRACT FOR SERVICES WITH
   50  SUCH ORGANIZATIONS SHALL NOT EXCEED THE SUM OF  FIFTY  THOUSAND  DOLLARS
   51  FOR THE CONDUCT OF EACH TRAINING PROGRAM.
   52    (E) PARTICIPATING MUNICIPALITIES SHALL BE REQUIRED TO PROVIDE MATCHING
   53  FUNDS  IN  AN  AMOUNT AT LEAST EQUAL TO ANY FUNDS PROVIDED BY THE CORPO-
   54  RATION UNDER SUBDIVISION FOUR OF THIS SECTION.
   55    (F) THE CORPORATION SHALL, FOR ASSISTANCE PROVIDED  IN  THIS  PROGRAM,
   56  DEVELOP  AND USE STANDARD PROJECT PROGRAM APPLICATIONS PURSUANT TO RULES
       S. 1129--A                          9
    1  AND REGULATIONS, WHICH  SHALL  BE  PROMULGATED  BY  THE  CORPORATION  IN
    2  ACCORDANCE WITH THE STATE ADMINISTRATIVE PROCEDURE ACT.  RULES AND REGU-
    3  LATIONS  SHALL  BE CONSISTENT WITH THE PROGRAM PLAN REQUIRED BY SUBDIVI-
    4  SION 19 OF SECTION 100 OF THE ECONOMIC DEVELOPMENT LAW.
    5    (8)  THE  DIRECTOR  OF  THE  BUDGET SHALL NOT ISSUE ANY CERTIFICATE OF
    6  APPROVAL OF AVAILABILITY UNTIL THE CORPORATION HAS ENTERED INTO A  WRIT-
    7  TEN  MASTER  AGREEMENT  WITH  THE  DIRECTOR  OF THE BUDGET PROVIDING FOR
    8  REPAYMENT BY SUCH CORPORATION TO THE STATE OF NEW YORK  OF  ALL  AMOUNTS
    9  EXPENDED  BY THE STATE FROM SUCH APPROPRIATION FOR LOANS, ON TERMS WHICH
   10  MAY INCLUDE INTEREST THEREON AT A RATE PER ANNUM TO BE DETERMINED BY THE
   11  DIRECTOR OF THE BUDGET AND A COPY OF SUCH AGREEMENT SHALL BE FILED  WITH
   12  THE  STATE COMPTROLLER, THE CHAIRMAN OF THE SENATE FINANCE COMMITTEE AND
   13  THE CHAIRMAN OF THE ASSEMBLY WAYS AND MEANS COMMITTEE.
   14    (9) THE STATE COMPTROLLER IS HEREBY AUTHORIZED  TO  RECEIVE  FROM  THE
   15  CORPORATION REIMBURSEMENT OF MONEYS EXPENDED FROM THIS APPROPRIATION AND
   16  TO DEPOSIT THE SAME TO THE CREDIT OF THE CAPITAL PROJECTS FUND.
   17    (10)  THE CORPORATION SHALL STREAMLINE THE REVIEW AND APPROVAL PROCESS
   18  FOR PROJECTS AND WHEREVER POSSIBLE STANDARDIZE  ALL  RELEVANT  ATTENDANT
   19  DOCUMENTATION AND LEGAL DOCUMENTS.
   20    (11)  NOTWITHSTANDING  THE  PROVISIONS  OF  SECTION  40-A OF THE STATE
   21  FINANCE LAW AND ANY OTHER GENERAL OR SPECIAL LAW, SUCH WRITTEN AGREEMENT
   22  SHALL NOT REQUIRE REPAYMENT AT ANY TIME OR  ON  ANY  TERMS  INCONSISTENT
   23  WITH  THE  PROVISIONS  OF THIS ACT OR THE NEW YORK STATE PROJECT FINANCE
   24  AGENCY ACT.  EXCEPT, HOWEVER, THAT THE CORPORATION MAY  MAKE  GRANTS  TO
   25  PROJECTS  USING  FUNDS APPROPRIATED FOR THIS PURPOSE AND THAT THE REPAY-
   26  MENT PROVISION MAY NOT APPLY TO SUCH GRANTS.
   27    (12) REPORT. THE CORPORATION SHALL:   (A) MONITOR THE  PERFORMANCE  OF
   28  EACH RECIPIENT OF A GRANT OR CONTRACT UNDER THE PROVISIONS OF THIS ARTI-
   29  CLE  AND REQUIRE PERIODIC AND ANNUAL REPORTS FROM EACH SUCH RECIPIENT AT
   30  SUCH TIME AND IN SUCH A MANNER AS PRESCRIBED BY THE CHAIRMAN.
   31    (B) EVALUATE THE URBAN  AND  COMMUNITY  ECONOMIC  DEVELOPMENT  PROGRAM
   32  REPORT, ON OR BEFORE OCTOBER FIRST NEXT SUCCEEDING THE EFFECTIVE DATE OF
   33  THIS  SUBDIVISION,  AND  ON OR BEFORE EACH OCTOBER FIRST THEREAFTER, THE
   34  RESULTS OF SUCH EVALUATION TO THE GOVERNOR AND THE  LEGISLATURE.    SUCH
   35  REPORT  SHALL DISCUSS THE VARIETY AND TYPES OF PROGRAMS SUPPORTED BY THE
   36  CORPORATION UNDER THIS PROGRAM; AND, AS APPROPRIATE, THE EXTENT TO WHICH
   37  THE PROGRAM HAS SERVED TO CREATE AND MAINTAIN JOBS; THE EXTENT TO  WHICH
   38  THE  PROGRAM  HAS  HELPED TO INCREASE THE VITALITY OF LOCAL COMMUNITIES;
   39  THE EXTENT TO WHICH THE PROGRAM IS COORDINATED WITH OTHER RELATED  STATE
   40  AND  LOCAL  ASSISTANCE  PROGRAMS; THE EXTENT TO WHICH THE PROGRAM SERVES
   41  MINORITIES AND WOMEN; THE EXTENT TO WHICH THE PROGRAM SERVES  URBAN  AND
   42  RURAL  AREAS;  THE  EXTENT  TO  WHICH  THE  PROGRAM  SERVES ECONOMICALLY
   43  DISTRESSED AND HIGHLY DISTRESSED AREAS; THE EXTENT TO WHICH THE  PROGRAM
   44  HAS  HELPED  TO INCREASE THE CAPACITY OF LOCAL GOVERNMENTS AND ORGANIZA-
   45  TIONS TO UNDERTAKE  ECONOMIC  DEVELOPMENT  ACTIVITIES;  AND  SUCH  OTHER
   46  COMPONENTS  AS THE COMMISSIONER SHALL DEEM APPROPRIATE; AND SHALL RECOM-
   47  MEND CHANGES AND IMPROVEMENTS IN THE PROGRAM.
   48    (C) SUBMIT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY AND THE TEMPO-
   49  RARY PRESIDENT OF THE SENATE, AN  EVALUATION  OF  PROGRAM  EFFECTIVENESS
   50  PREPARED  BY  AN  ENTITY  INDEPENDENT OF THE DEPARTMENT. SUCH EVALUATION
   51  SHALL BE SUBMITTED BY OCTOBER FIRST TWO YEARS AFTER THE  EFFECTIVE  DATE
   52  OF  THIS  SUBDIVISION AND SHALL INCLUDE, BUT NOT BE LIMITED TO, INFORMA-
   53  TION ON AND ASSESSMENT OF THE COMPONENTS REQUIRED TO BE INCLUDED IN  THE
   54  ANNUAL REPORT OF THE CORPORATION, PURSUANT TO THIS SUBDIVISION.
   55    S  4. This act shall take effect on the first of April next succeeding
   56  the date on which it shall have become a law.
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