Bill Text: NY S07268 | 2009-2010 | General Assembly | Introduced


Bill Title: Establishes what is and what is not blighted property and blighted areas.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-03-26 - REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS [S07268 Detail]

Download: New_York-2009-S07268-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7268
                                   I N  S E N A T E
                                    March 26, 2010
                                      ___________
       Introduced  by  Sen. PERKINS -- read twice and ordered printed, and when
         printed to be committed to the Committee on Corporations,  Authorities
         and Commissions
       AN ACT to amend the New York state urban development corporation act, in
         relation  to  blighted  property  and  blighted  areas;  and to repeal
         certain provisions of such act relating thereto
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Section 2 of section 1 of chapter 174 of the laws of 1968,
    2  constituting  the  New York state urban development corporation act, the
    3  ninth undesignated paragraph as added by chapter 280 of the laws of 1984
    4  and the tenth undesignated paragraph as amended by chapter  747  of  the
    5  laws of 2005, is amended to read as follows:
    6    S  2.  Statement  of  legislative  findings and purposes. It is hereby
    7  found and declared that there exists in [urban] SOME areas of this state
    8  a condition of substantial and persistent unemployment and  underemploy-
    9  ment  which  causes  hardship  to  many individuals and families, wastes
   10  vital human resources, increases the public assistance  burdens  of  the
   11  state  and municipalities, impairs the security of family life, contrib-
   12  utes to the growth of crime and delinquency, prevents many of our  youth
   13  from  finishing  their  [educations] EDUCATION, impedes the economic and
   14  physical development of municipalities and adversely affects the welfare
   15  and prosperity of all the people of the  state.  [Many  existing  indus-
   16  trial,  manufacturing  and commercial facilities in such urban areas are
   17  obsolete and inefficient, dilapidated, and without adequate mass  trans-
   18  portation  facilities  and  public services. Many of such facilities are
   19  underutilized or in the process of being  vacated,  creating  additional
   20  unemployment.  Technological advances and the provision of modern, effi-
   21  cient facilities in other states will speed the obsolescence  and  aban-
   22  donment  of existing facilities causing serious injury to the economy of
   23  the state. Many  existing  and  planned  industrial,  manufacturing  and
   24  commercial  facilities  are, moreover, far from or not easily accessible
   25  to the places of residence of substantial numbers of unemployed persons.
   26  As a result, problems of chronic unemployment are not  being  alleviated
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD16034-04-0
       S. 7268                             2
    1  but are aggravated. New industrial, manufacturing and commercial facili-
    2  ties  are  required  to  attract and house new industries and thereby to
    3  reduce the hazards of  unemployment.  The  unaided  efforts  of  private
    4  enterprise  have  not  met  and  cannot meet the needs of providing such
    5  facilities due to problems encountered in assembling  suitable  building
    6  sites]
    7    IT  IS  FURTHER FOUND AND DECLARED THAT THE UNAIDED EFFORTS OF PRIVATE
    8  INDUSTRIAL,  MANUFACTURING  AND  COMMERCIAL  BUSINESSES  ARE  NEGATIVELY
    9  AFFECTED  BY  AGING  AND INEFFICIENT FACILITIES, DIFFICULTIES IN FINDING
   10  SUITABLE BUILDING SITES FOR NEW  FACILITIES,  lack  of  adequate  public
   11  services, the unavailability of private capital for development [in such
   12  urban  areas],  and the inability of private enterprise alone to plan[,]
   13  AND finance DEVELOPMENT and TO  coordinate  [industrial  and  commercial
   14  development] SUCH DEVELOPMENT with [residential developments for persons
   15  and  families  of  low  income and with] AFFORDABLE HOUSING DEVELOPMENT,
   16  COMMUNITY DEVELOPMENT PROGRAMS, public services and mass  transportation
   17  facilities.
   18    It  is  further  found  and  declared that there exist in many munici-
   19  palities within this  state  [residential,  nonresidential,  commercial,
   20  industrial  or vacant areas, and combinations thereof, which are slum or
   21  blighted, or which are  becoming  slum  or  blighted  areas  because  of
   22  substandard,   insanitary,  deteriorated  or  deteriorating  conditions,
   23  including obsolete and dilapidated buildings and  structures,  defective
   24  construction,  outmoded  design,  lack  of proper sanitary facilities or
   25  adequate fire or safety protection, excessive  land  coverage,  insuffi-
   26  cient  light and ventilation, excessive population density, illegal uses
   27  and conversions, inadequate  maintenance,  buildings  abandoned  or  not
   28  utilized  in  whole  or substantial part, obsolete systems of utilities,
   29  poorly or improperly designed street patterns and intersections,  inade-
   30  quate  access to areas, traffic congestion hazardous to the public safe-
   31  ty, lack of suitable off-street parking, inadequate loading and  unload-
   32  ing  facilities, impractical street widths, sizes and shapes, blocks and
   33  lots of irregular form, shape or  insufficient  size,  width  or  depth,
   34  unsuitable  topography,  subsoil  or  other physical conditions, all of]
   35  BLIGHTED PROPERTIES AND BLIGHTED AREAS, WHICH ARE CHARACTERIZED BY PREM-
   36  ISES UNFIT FOR HUMAN HABITATION AND DANGEROUS TO LIFE AND PROPERTY,  AND
   37  which hamper or impede proper and economic development of such areas and
   38  which  impair or arrest the sound growth of the area, community or muni-
   39  cipality, and the state as a whole.
   40    It is further found and declared that there is a serious need through-
   41  out the state for adequate educational, recreational, cultural and other
   42  community facilities, the lack of which threatens and adversely  affects
   43  the health, safety[, morals] and welfare of the people of the state.
   44    It  is  further  found  and  declared  that  there  continues to exist
   45  throughout the state a seriously inadequate supply of  [safe  and  sani-
   46  tary] ACCEPTABLE dwelling accommodations for persons and families of low
   47  income.  This condition is contrary to the public interest and threatens
   48  the health, safety, welfare, comfort and security of the people  of  the
   49  state.  The  ordinary operations of private enterprise cannot provide an
   50  adequate  supply  of  safe  and  sanitary  dwelling  accommodations  [at
   51  rentals] which persons and families of low income can afford.
   52    It  is  hereby  declared  to  be  the policy of the state to promote a
   53  vigorous and growing economy, to  prevent  economic  stagnation  and  to
   54  encourage  the  creation  of  new  job opportunities in order to protect
   55  against the hazards of unemployment, reduce the level of public  assist-
   56  ance  to now indigent individuals and families, increase revenues to the
       S. 7268                             3
    1  state and to its municipalities and to achieve  stable  and  diversified
    2  local  economies. In furtherance of these goals, it is the policy of the
    3  state to retain  existing  industries  and  to  attract  new  industries
    4  through  the  acquisition,  construction,  FINANCING, reconstruction and
    5  rehabilitation of industrial and  manufacturing  plants  and  commercial
    6  facilities,  and  to  develop  sites  for  new industrial and commercial
    7  building. It is further declared to  be  the  policy  of  the  state  to
    8  promote the development of such plants and facilities, reasonably acces-
    9  sible  to residential facilities, in those areas where substantial unem-
   10  ployment or underemployment exists, to the end that the  industrial  and
   11  commercial  development [of our urban areas] will proceed in sound fash-
   12  ion and in coordination with development of housing, mass transportation
   13  and public services, and that job opportunities  will  be  available  in
   14  those areas where people lack jobs.
   15    IT  IS  FURTHER  FOUND  AND  DECLARED  THAT THERE IS AN URGENT NEED TO
   16  PROTECT AND ENHANCE THE QUALITY OF THE NATURAL ENVIRONMENT, TO ENCOURAGE
   17  THE DEVELOPMENT AND EXPANSION OF EXISTING  AND  ALTERNATIVE  SOURCES  OF
   18  ENERGY  AND  THE  CONSERVATION  OF  ENERGY, AND TO ABATE AND PREVENT THE
   19  GENERATION OF HAZARDOUS WASTE, TOXIC BY-PRODUCTS,  AND  OTHER  TYPES  OF
   20  ENVIRONMENTAL POLLUTION.
   21    It  is  further  declared to be the policy of the state to promote the
   22  safety, health[, morals] and welfare of the people of the state  and  to
   23  promote  the  sound growth and development of our municipalities through
   24  the [correction of such substandard, insanitary, blighted,  deteriorated
   25  or  deteriorating  conditions, factors and characteristics by the clear-
   26  ance, replanning, reconstruction, redevelopment, rehabilitation,  resto-
   27  ration  or  conservation of such areas,] REDEVELOPMENT OF BLIGHTED AREAS
   28  and [of areas reasonably accessible thereto] the undertaking  of  public
   29  and  private  improvement  programs  [related  thereto],  including  the
   30  provision of educational, recreational and cultural facilities, and  the
   31  encouragement  of participation in these programs by private enterprise.
   32  IN FURTHERANCE OF THESE GOALS, IT IS THE POLICY OF THE STATE  TO  ENGAGE
   33  AND EMPOWER THE PUBLIC THROUGH EDUCATIONAL PROGRAMS, COMMUNITY OUTREACH,
   34  AND  AN OPEN AND INCLUSIVE REDEVELOPMENT PLANNING PROCESS; TO COORDINATE
   35  REDEVELOPMENT PROJECTS AND IMPROVEMENT PROGRAMS  WITH  LOCAL  GOVERNMENT
   36  PLANNING  GOALS;  TO  RESPECT  COMMUNITIES' EXISTING SOCIAL AND CULTURAL
   37  FABRIC AND TO LIMIT RESIDENTIAL AND BUSINESS DISPLACEMENT TO THE MAXIMUM
   38  EXTENT POSSIBLE; TO REUSE  EXISTING  RESOURCES  AND  INFRASTRUCTURE  AND
   39  RECYCLE  MATERIALS  AND  STRUCTURES;  TO ENCOURAGE ENERGY EFFICIENCY AND
   40  SUSTAINABLE BUILDING; TO CONSERVE UNDEVELOPED LAND AND ENCOURAGE  INFILL
   41  AND  BROWNFIELD  DEVELOPMENT; TO IMPROVE OR RESTORE NATURAL SYSTEMS SUCH
   42  AS STREAMBEDS, DRAINAGE COURSES, WETLANDS, RIVERS, AND OTHER  ECOLOGICAL
   43  FEATURES, AND TO ENCOURAGE THE CREATION OF PUBLICLY AVAILABLE OPEN SPAC-
   44  ES;  TO  ENSURE THAT ENVIRONMENTAL POLLUTION DOES NOT DISPARATELY AFFECT
   45  AREAS WITH A SUBSTANTIAL NUMBER OF MINORITY OR LOW INCOME HOUSEHOLDS; TO
   46  INCORPORATE CULTURAL RESOURCES AND LANDSCAPES INTO  PROJECT  DESIGNS  BY
   47  PRESERVING  AND  REHABILITATING  BUILDINGS  WITH CULTURAL, HISTORICAL OR
   48  ARCHITECTURAL SIGNIFICANCE, ENCOURAGING ADAPTIVE REUSE AS AN ALTERNATIVE
   49  TO DEMOLITION AND NEW CONSTRUCTION, AND ENCOURAGING COMPATIBLE DESIGN OF
   50  NEW CONSTRUCTION; TO ENCOURAGE THE RETENTION AND CONSTRUCTION OF AFFORD-
   51  ABLE HOUSING THROUGH INCENTIVES, LOANS, AND OTHER PROGRAMS; TO ENCOURAGE
   52  DEVELOPMENT THAT IS ACCESSIBLE AND INVITING TO  PEDESTRIANS,  BICYCLISTS
   53  AND  TRANSIT  USERS,  AND  TO  DISCOURAGE DEVELOPMENT THAT IS RELIANT ON
   54  PERSONAL  AUTOMOBILE  TRANSPORTATION;  TO  INCREASE  OPPORTUNITIES   FOR
   55  PRIVATE  ENTERPRISE,  ESPECIALLY FOR SMALL BUSINESSES, LOCAL BUSINESSES,
   56  AND BUSINESSES OWNED BY MINORITIES AND WOMEN,  THROUGH  PROCEDURES  THAT
       S. 7268                             4
    1  ARE  FAIR, OPEN, EQUITABLE, TRANSPARENT, AND DEMONSTRATED TO BE THE BEST
    2  CHOICE FOR THE PUBLIC INTEREST; TO  PROVIDE  SUFFICIENT  SAFEGUARDS  AND
    3  PROTECTIONS  IN  THE EVENT THAT PRIVATE DEVELOPERS WITHDRAW FROM PARTIC-
    4  IPATION  IN  A REDEVELOPMENT PROJECT OR IMPROVEMENT PROGRAM; TO INCREASE
    5  EMPLOYMENT OPPORTUNITIES FOR  LOCAL  RESIDENTS,  ESPECIALLY  LOW  INCOME
    6  RESIDENTS,  AND  PERSONS  WITH OTHER BARRIERS TO EMPLOYMENT, THROUGH JOB
    7  TRAINING, LOCAL HIRING AND OTHER ASSISTANCE PROGRAMS; AND  TO  ENCOURAGE
    8  THE CREATION OF QUALITY JOBS.
    9    It  is  further  declared to be the policy of the state to promote the
   10  safety, health[, morals] and welfare of the people of the state  through
   11  the provision of adequate, safe and sanitary dwelling accommodations and
   12  facilities incidental or appurtenant thereto for persons and families of
   13  low income.
   14    For  these  purposes, there should be created a corporate governmental
   15  agency to be known as the "New York state urban development corporation"
   16  which, through issuance of bonds and notes  to  the  private,  investing
   17  public,  by  encouraging  maximum participation by the private sector of
   18  the economy, including the sale or lease of the  corporation's  interest
   19  in  projects  at  the earliest time deemed feasible, and through partic-
   20  ipation in programs undertaken by the state, its agencies  and  subdivi-
   21  sions,  and by municipalities and the federal government, may provide or
   22  obtain the capital resources necessary  to  acquire,  construct,  recon-
   23  struct,  rehabilitate or improve such industrial, manufacturing, commer-
   24  cial, educational, recreational and  cultural  facilities,  and  housing
   25  accommodations  for  persons  and families of low income, and facilities
   26  incidental or appurtenant thereto, and  to  carry  out  the  [clearance,
   27  replanning,  reconstruction  and  rehabilitation of such substandard and
   28  insanitary] REDEVELOPMENT OF BLIGHTED areas.
   29    It is further declared to be the policy of New York state to encourage
   30  the development of research and development facilities and high technol-
   31  ogy industrial incubator  space  at  institutions  of  higher  education
   32  located  in this state and authorized to confer degrees by law or by the
   33  board of regents, or on lands in reasonable  proximity  to  such  insti-
   34  tutions provided that (i) in the case of research and development facil-
   35  ities  such  facilities  are for the cooperative use of one or more such
   36  institutions and one or more business corporations,  research  consortia
   37  or  other  industrial  organizations  involved in research, development,
   38  demonstration, or other technologically oriented industrial  activities;
   39  and (ii) in the case of high technology industrial incubator space, such
   40  space  shall be for rental to business concerns which are in their form-
   41  ative stages and which  are  involved  in  high  technology  activities,
   42  including  but  not  limited to business concerns initiated by students,
   43  employees of such  institution,  including  faculty  members  and  other
   44  persons or firms academically associated with such institution.
   45    It  is  hereby declared that the acquisition, construction, FINANCING,
   46  reconstruction, rehabilitation or improvement of such industrial,  manu-
   47  facturing  and  commercial facilities, and of such cultural, educational
   48  and recreational facilities including  but  not  limited  to  facilities
   49  identified  as  projects  and called for to implement a state designated
   50  heritage area management plan as provided  in  title  G  of  the  parks,
   51  recreation  and  historic  preservation law; the [clearance, replanning,
   52  reconstruction and rehabilitation of such  substandard  and  insanitary]
   53  REDEVELOPMENT OF BLIGHTED areas; and the provision of adequate, safe and
   54  sanitary  housing  accommodations for persons and families of low income
   55  and such facilities as may be  incidental  or  appurtenant  thereto  are
   56  public uses and public purposes for which public money may be loaned and
       S. 7268                             5
    1  private property may be acquired and tax exemption granted, and that the
    2  powers and duties of the New York state urban development corporation as
    3  hereinafter  prescribed  are  necessary  and  proper  for the purpose of
    4  achieving the ends here recited.
    5    S  2.  Subdivision  12 of section 3 of section 1 of chapter 174 of the
    6  laws of 1968, constituting the New York state urban  development  corpo-
    7  ration  act,  is  REPEALED  and a new subdivision 12 is added to read as
    8  follows:
    9    (12) "BLIGHTED  PROPERTY  OR  BLIGHTED  AREA."  BLIGHTED  PROPERTY  OR
   10  BLIGHTED  AREA  MEANS  PROPERTY THAT IS DECLARED BLIGHTED.  (A) A SINGLE
   11  PROPERTY MAY BE DECLARED BLIGHTED IF  IT  MEETS  ANY  OF  THE  FOLLOWING
   12  CONDITIONS:
   13    1. IS UNFIT FOR HUMAN HABITATION. THIS MEANS A PREMISE WHICH HAS IDEN-
   14  TIFIABLE  CONDITIONS  THAT  ENDANGER  THE LIFE, HEALTH AND SAFETY OF THE
   15  OWNERS, OCCUPANTS, OR THE  PUBLIC.  CONDITIONS  RENDERING  THE  PROPERTY
   16  UNFIT  FOR HUMAN HABITATION INCLUDE, BUT ARE NOT LIMITED TO, SUBSTANTIAL
   17  STRUCTURAL DEFECTS, DILAPIDATION OR DETERIORATIONS, VERMIN  INFESTATION,
   18  LACK OF NECESSARY UTILITIES AND FIRE HAZARDS.
   19    2. HAS DETERIORATED TO THE POINT WHERE SUCH PREMISES:
   20    (A)  IS  STRUCTURALLY  UNSOUND OR POSES AN IMMEDIATE THREAT TO LIFE OR
   21  OTHER PROPERTY, OR
   22    (B) THE COST OF REHABILITATION SIGNIFICANTLY EXCEEDS THE  POST-REHABI-
   23  LITATION MARKET VALUE; AND
   24    3.  THE  OWNER  FAILS  TO REMEDY THE PROBLEMS WITHIN A REASONABLE TIME
   25  AFTER RECEIVING NOTICE OF VIOLATION BY THE  APPROPRIATE  GOVERNING  BODY
   26  REQUIRING THE OWNER TO:
   27    (A)  REHABILITATE THE BUILDING TO CONFORM TO MINIMUM CODE HABITABILITY
   28  REQUIREMENTS; OR
   29    (B) DEMOLISH THE BUILDING FOR HEALTH AND SAFETY REASONS.
   30    4. IS AN ABANDONED PROPERTY. ABANDONED PROPERTY MEANS:
   31    (A) UNOCCUPIED PROPERTY WHICH HAS BEEN TAX DELINQUENT FOR AT LEAST TWO
   32  YEARS; OR
   33    (B) A BUILDING THAT:
   34    (I) IS UNOCCUPIED BY THE OWNER OR TENANTS; AND
   35    (II) IS UNFIT FOR HUMAN HABITATION; AND
   36    (III) HAS DETERIORATED TO THE POINT WHERE:
   37    A. THE BUILDING IS STRUCTURALLY UNSOUND OR POSES AN  IMMEDIATE  THREAT
   38  TO LIFE OR OTHER PROPERTY; OR
   39    B. THE COST OF REHABILITATION SIGNIFICANTLY EXCEEDS THE POST-REHABILI-
   40  TATION MARKET VALUE; AND
   41    C.  THE  OWNER  IS  UNKNOWN  OR  THE OWNER FAILS TO RESPOND WITHIN SIX
   42  MONTHS TO A VIOLATION NOTICE FROM THE APPROPRIATE GOVERNING BODY REQUIR-
   43  ING THE OWNER TO:
   44    (1) REHABILITATE THE  BUILDING  TO  CONFORM  TO  MINIMUM  HABITABILITY
   45  REQUIREMENTS; OR
   46    (2) DEMOLISH THE BUILDING FOR HEALTH AND SAFETY REASONS.
   47    5.  A VACANT LOT ON WHICH A BUILDING HAS BEEN DEMOLISHED AND FOR WHICH
   48  A MUNICIPAL LIEN FOR DEMOLITION COSTS REMAINS UNPAID FOR SIX MONTHS.
   49    6. IS ENVIRONMENTALLY CONTAMINATED REQUIRING REMEDIATION  FOR  CURRENT
   50  OR  FUTURE  USE UNDER STATE OR FEDERAL LAW, IF THE OWNER FAILS TO ESTAB-
   51  LISH A PLAN TO REMEDY THE PROBLEM WITHIN SIX MONTHS OF RECEIVING  NOTICE
   52  OF  VIOLATION FROM THE APPROPRIATE GOVERNING BODY AND HAS TAKEN STEPS TO
   53  REMEDY THE VIOLATION.
   54    7. BECAUSE OF CONDITION OR USE, IS REGARDED AS A PUBLIC NUISANCE OR AN
   55  ATTRACTIVE NUISANCE AT COMMON LAW OR HAS BEEN DECLARED A PUBLIC NUISANCE
   56  OR AN ATTRACTIVE NUISANCE UNDER A NEW  YORK  STATUTE  OR  AN  APPLICABLE
       S. 7268                             6
    1  MUNICIPAL  CODE,  AND  THE  OWNER FAILS TO ABATE THE NUISANCE WITHIN SIX
    2  MONTHS OF RECEIVING NOTICE OF VIOLATION FROM THE  APPROPRIATE  GOVERNING
    3  BODY.
    4    8.  DEFECTIVE OR UNUSUAL CONDITIONS OF TITLE THAT MAKE THE FREE TRANS-
    5  FER OR ALIENATION OF THE PROPERTY IMPOSSIBLE.
    6    9. THAT HAS TAX DELINQUENCIES EXCEEDING  THE  VALUE  OF  THE  PROPERTY
    7  WHERE THE PROPERTY IS OCCUPIED OR UNOCCUPIED.
    8    (B)  PROPERTY SHALL IN NO CASE BE DECLARED BLIGHTED IF IT MEETS EITHER
    9  OF THE FOLLOWING CRITERIA:
   10    1. VACANT AND UNIMPROVED PROPERTY LOCATED IN  ANY  RURAL  OR  SUBURBAN
   11  AREA WHICH IS NOT SERVED BY EXISTING UTILITIES.
   12    2.  PROPERTY  WHICH SATISFIES THE DEFINITION OF "FARM WOODLAND", "LAND
   13  USED IN AGRICULTURAL PRODUCTION", "UNIQUE AND IRREPLACEABLE AGRICULTURAL
   14  LAND", OR "VIABLE AGRICULTURAL LAND", AS  THOSE  TERMS  ARE  DEFINED  IN
   15  SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW.
   16    (C)  FOR  PURPOSES OF THIS SUBDIVISION, A BUILDING CONTAINING MULTIPLE
   17  UNITS SHALL BE TREATED AS A SINGLE PROPERTY.
   18    (D) FOR PURPOSES OF ACQUIRING MULTIPLE UNITS OF  PROPERTY  BY  EMINENT
   19  DOMAIN, AN AREA MAY BE DECLARED BLIGHTED ONLY IF:
   20    1. AN AREA IS LOCATED IN AN URBAN OR SUBURBAN AREA GENERALLY SERVED BY
   21  UTILITIES AND INFRASTRUCTURE; AND
   22    2.  SIXTY  PERCENT  OF THE INDIVIDUAL PARCELS IN THE AREA ARE DECLARED
   23  BLIGHTED UNDER PARAGRAPH (A) OF THIS SUBDIVISION AND REPRESENT A MAJORI-
   24  TY OF THE GEOGRAPHICAL AREA OF THE PROJECT.
   25    (E) A CONDEMNOR MAY USE EMINENT DOMAIN TO ACQUIRE ANY UNIT OF PROPERTY
   26  WITHIN A BLIGHTED PROJECT AREA.
   27    (F) PROPERTIES OWNED BY A DEVELOPER OR CONDEMNOR INVOLVED IN  A  REDE-
   28  VELOPMENT  PROJECT MAY BE INCLUDED IN ANY BLIGHTED PROJECT AREA DETERMI-
   29  NATION.
   30    (G) FOR PURPOSES OF THIS SUBDIVISION  IF  A  DEVELOPER,  CONDEMNOR  OR
   31  AGENCY  INVOLVED  IN A REDEVELOPMENT PROJECT HAS CAUSED OR BROUGHT ABOUT
   32  BY ACTION OR INACTION OR MAINTAINED FOR MORE THAN SEVEN YEARS  A  CONDI-
   33  TION  LISTED  IN  SUBPARAGRAPH  ONE OF PARAGRAPH (A) OF THIS SUBDIVISION
   34  WITHIN THE PROPOSED PROJECT AREA, THAT CONDITION MAY NOT BE USED IN  THE
   35  DETERMINATION OF BLIGHT.
   36    (H) FOR PURPOSES OF THIS SUBDIVISION, IF PROPERTY LOCATED IN AN URBAN-
   37  IZED  AREA  GENERALLY  SERVED  BY MUNICIPAL INFRASTRUCTURE AND UTILITIES
   38  MEETS ONE OR MORE OF THE CONDITIONS LISTED IN SUBPARAGRAPH ONE OF  PARA-
   39  GRAPH  (A)  OF THIS SUBDIVISION DUE TO FAILURE ON THE PART OF THE APPRO-
   40  PRIATE GOVERNING BODY  TO  PROVIDE  NECESSARY  UTILITY  SERVICES  AND/OR
   41  INFRASTRUCTURE,  THAT  CONDITION MAY NOT BE USED IN THE DETERMINATION OF
   42  BLIGHT.
   43    (I) ANY DECLARATION MADE PURSUANT TO THIS SUBDIVISION SHALL  BE  VALID
   44  FOR A PERIOD OF UP TO TEN YEARS.
   45    S  3.  Section  10  of  section  1 of chapter 174 of the laws of 1968,
   46  constituting the New  York  state  urban  development  corporation  act,
   47  subdivision  (d) as amended by chapter 847 of the laws of 1971, subdivi-
   48  sions (e) and (f) as added and subdivisions (g) and (h) as relettered by
   49  chapter 839 of the laws of 1987, is amended to read as follows:
   50    S 10. Findings of the corporation. Notwithstanding any other provision
   51  of this act, the corporation shall not be  empowered  to  undertake  the
   52  acquisition, construction, reconstruction, rehabilitation or improvement
   53  of a project unless the corporation finds:
   54    (a) in the case of a residential project:
   55    (1)  That  there  exists,  in  the  area in which the project is to be
   56  located, or in an area reasonably accessible to such area,  a  need  for
       S. 7268                             7
    1  safe  and sanitary housing accommodations for persons or families of low
    2  income, which the operations of private enterprise cannot provide;
    3    (2)  That  the  project  has  been  approved as a project of a housing
    4  company pursuant to the provisions of the private housing finance law.
    5    (b) in the case of an industrial project:
    6    (1) That the area in  which  the  project  is  to  be  located  is  [a
    7  substandard  or insanitary area, or is in danger of becoming a substand-
    8  ard or insanitary area, wherein] FOUND TO BE BLIGHTED AND there exists a
    9  condition of substantial and persistent unemployment or underemployment;
   10    (2) That the acquisition or construction and operation of such project
   11  will prevent, eliminate or reduce  unemployment  or  underemployment  in
   12  such area;
   13    (3)  That  such project shall consist of a building or buildings which
   14  are suitable for manufacturing, warehousing or research or other  indus-
   15  trial, business or commercial purposes[.];
   16    (4)  That adequate provision has been, or will be made for the payment
   17  of the cost of the acquisition, construction, operation, maintenance and
   18  upkeep of such project[.];
   19    (5) That the acquisition and construction, proposed leasing, operation
   20  and use of such project will aid in the development, growth and prosper-
   21  ity of the state and the area in which such project is located;
   22    (6) That the plans and  specifications  assure  adequate  light,  air,
   23  sanitation and fire protection.
   24    (c) in the case of a land use improvement project:
   25    (1)  That  the  area  in  which  the  project  is  to be located is [a
   26  substandard or insanitary area, or is in danger of becoming a  substand-
   27  ard  or  insanitary  area]  FOUND  TO BE BLIGHTED and tends to impair or
   28  arrest the sound growth and development of the municipality;
   29    (2) That the project consists of a plan or undertaking for the  clear-
   30  ance, replanning, reconstruction and rehabilitation of such area and for
   31  recreational and other facilities incidental or appurtenant thereto;
   32    (3)  That  the  plan  or  undertaking  affords maximum opportunity for
   33  participation by private enterprise, consistent with the sound needs  of
   34  the municipality as a whole.
   35    (d) in the case of a civic project:
   36    (1)  That THE AREA IN WHICH THE PROJECT IS TO BE LOCATED IS A BLIGHTED
   37  AREA WHEREIN there exists [in the area in which the  project  is  to  be
   38  located,] a need for the educational, cultural, recreational, community,
   39  municipal,  public service or other civic facility to be included in the
   40  project;
   41    (2) That the project shall consist of a building or buildings or other
   42  facilities which are suitable for educational,  cultural,  recreational,
   43  community, municipal, public service or other civic purposes;
   44    (3)  That  such  project will be leased to or owned by the state or an
   45  agency or instrumentality  thereof,  a  municipality  or  an  agency  or
   46  instrumentality thereof, a public corporation, or any other entity which
   47  is  carrying  out  a community, municipal, public service or other civic
   48  purpose, and that adequate provision has been, or will be, made for  the
   49  payment of the cost of acquisition, construction, operation, maintenance
   50  and upkeep of the project;
   51    (4)  That  the plans and specifications assure or will assure adequate
   52  light, air, sanitation and fire protection.
   53    (e) in the case of an industrial effectiveness project:
   54    (1) That a feasibility study or productivity assessment exists  demon-
   55  strating  the  potential for future profitability of the firm requesting
       S. 7268                             8
    1  financial assistance and such study or assessment has been reviewed  and
    2  approved by the commissioner of economic development;
    3    (2)  That  for  loans  to implement a corporate restructuring or turn-
    4  around plan, the management of the industrial firm requesting assistance
    5  is capable and the firm has  a  sound  business  development  plan  that
    6  includes  measures  to  ensure  labor  and management cooperation and to
    7  effect changes required to continue as a successful business;
    8    (3) That the requested financial  assistance  is  not  available  from
    9  other public or private financing sources; and
   10    (4)  That  the  area  in  which  the  project  is  to be located is [a
   11  substandard or insanitary area, or is in danger of becoming a  substand-
   12  ard or insanitary area, wherein] FOUND TO BE BLIGHTED AND there exists a
   13  condition of substantial and persistent unemployment or underemployment.
   14    (f)  in  the  case  of  a  small  and medium-sized business assistance
   15  project:
   16    (1) That the area in which the project will be located is [a substand-
   17  ard or insanitary area, or is in danger of  becoming  a  substandard  or
   18  insanitary area, wherein] FOUND TO BE BLIGHTED AND there exists a condi-
   19  tion of substantial and persistent unemployment or underemployment;
   20    (2)  That  the  project  demonstrates market, management and financial
   21  feasibility and has a clear likelihood of success;
   22    (3) That the [industrial] firm provides at least a ten percent  equity
   23  contribution  and  such  contribution  is not derived from other govern-
   24  mental sources;
   25    (4) That the requested financial  assistance  is  not  available  from
   26  other  public  or private financing sources on terms compatible with the
   27  successful completion of the project;
   28    (5) That the project will not result in the relocation of any  [indus-
   29  trial]  firm  from  one municipality within the state to another munici-
   30  pality, OR IN THE ABANDONMENT OF ONE OR MORE OF  THE  FIRMS'  PLANTS  OR
   31  FACILITIES  LOCATED  WITHIN  THE AREA, except under one of the following
   32  conditions: (i) when [an industrial] A firm is relocating within a muni-
   33  cipality with a population of at least one million where  the  governing
   34  body of such municipality approves such relocation; [or] (ii) the corpo-
   35  ration notifies each municipality from which such [industrial] firm will
   36  be  relocated  and each municipality agrees to such relocation; OR (III)
   37  THE CORPORATION SHALL DETERMINE ON THE BASIS OF THE  APPLICATION  BEFORE
   38  IT  THAT THE PROJECT IS REASONABLY NECESSARY TO DISCOURAGE THE FIRM FROM
   39  RELOCATING TO A LOCATION OUTSIDE THE STATE AND TO PRESERVE  THE  COMPET-
   40  ITIVE POSITION OF THE FIRM WITHIN ITS RESPECTIVE INDUSTRY; and
   41    (6) That the project is not for the purpose of refinancing any portion
   42  of  the  total  project  cost  or  other  existing loans or debts of the
   43  project sponsor or owner.
   44    (g) in the case of all projects, that [there is a feasible method  for
   45  the  relocation  of  families and individuals displaced from the project
   46  area into decent, safe and sanitary dwellings] THE DISPLACEMENT OF RESI-
   47  DENTS AND BUSINESSES IS LIMITED TO THE MAXIMUM EXTENT POSSIBLE, AND THAT
   48  ALL DISPLACED RESIDENTS AND BUSINESSES WILL BE AFFORDED ADEQUATE COMPEN-
   49  SATION AND/OR ASSISTANCE TO BE  RELOCATED  TO  SUBSTANTIALLY  COMPARABLE
   50  PROPERTIES,  which are or will be [provided] LOCATED in the project area
   51  or in [other areas] AN AREA REASONABLY PROXIMATE TO THE PROJECT AREA AND
   52  not generally less desirable in regard to public  utilities  and  public
   53  and  commercial  facilities, at SUBSTANTIALLY COMPARABLE rents or prices
   54  [within the financial  means  of  such  families  or  individuals],  and
   55  reasonably  accessible  to  their  places of DWELLING AND/OR employment.
   56  [Insofar as is feasible, the] THE corporation shall offer  SUBSTANTIALLY
       S. 7268                             9
    1  COMPARABLE  housing  accommodations  to  [such families and individuals]
    2  DISPLACED RESIDENTS in [residential] projects [of the corporation]  THAT
    3  INCLUDE  A RESIDENTIAL COMPONENT, AND INSOFAR AS IS FEASIBLE, THE CORPO-
    4  RATION  SHALL  ASSIST  IN FINDING SUBSTANTIALLY COMPARABLE INDUSTRIAL OR
    5  COMMERCIAL ACCOMMODATIONS  TO  DISPLACED  BUSINESSES  IN  PROJECTS  THAT
    6  INCLUDE  AN  INDUSTRIAL  OR  COMMERCIAL  COMPONENT.  The corporation may
    7  render to business and commercial tenants  and  [to  families  or  other
    8  persons]  displaced  [from  the  project area,] RESIDENTS ANY OTHER such
    9  assistance as it may deem [necessary to enable them to relocate]  APPRO-
   10  PRIATE.
   11    (h)  in  the  case  of  all projects, the corporation shall [state the
   12  basis for its findings.]:
   13    (1) IN THE CASE OF A SINGLE PROPERTY, MAKE WRITTEN FINDINGS  IDENTIFY-
   14  ING  THE  SPECIFIC  CONDITIONS  WHICH RENDER THE PROPERTY BLIGHTED UNDER
   15  SUBDIVISION TWELVE OF SECTION THREE OF THIS ACT;
   16    (2) IN THE CASE OF MULTIPLE PROPERTIES OR PROJECT AREAS, MAKE  WRITTEN
   17  FINDINGS  DEMONSTRATING  THAT  THE REQUIREMENTS OF SUBDIVISION TWELVE OF
   18  SECTION THREE OF THIS ACT HAVE BEEN MET. IN ORDER  TO  DEMONSTRATE  THAT
   19  SIXTY  PERCENT  OF  THE PROPERTIES IN THE AREA ARE INDIVIDUALLY BLIGHTED
   20  AND COMPRISE A MAJORITY OF THE GEOGRAPHICAL AREA OF  THE  PROJECT,  EACH
   21  BLIGHTED PROPERTY MUST BE IDENTIFIED AND THE SPECIFIC CONDITIONS RENDER-
   22  ING  IT  BLIGHTED  UNDER SUBDIVISION TWELVE OF SECTION THREE OF THIS ACT
   23  MUST BE IDENTIFIED.
   24    S 4. This act shall take effect immediately.
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