NY Gen Mun L § 510 (2021)
2021 New York Laws GMU - General Municipal Article 15 - Urban Renewal 510 - State Capital Grants.

§  510.  State  capital grants. 1. In lieu of making or contracting to make a loan or periodic subsidy, or  both,  pursuant  to  sections  five hundred  eight  and  five hundred nine of this article, the commissioner may in the name of the state,  (a) in the case of  municipalities  which  have  contracted  with  the federal  government  for  a  capital  grant  (or  for  a loan and grant) subsequent to the thirty-first day of December, nineteen hundred  sixty, make  or  contract  to  make,  within  appropriations  therefor, a state capital grant to such municipality to assist in carrying out one or more programs of urban renewal; provided, however, that  such  state  capital grant  may  be  made  with respect to that part of any program which has been added, or with respect to which the federal capital grant, or  loan and  grant,  has  been  increased,  pursuant  to  a contract or contract amendment entered into with the federal government, after such date;  (b) in the case of municipalities which have not made  application  to or  entered  into  a  contract with the federal government for advances, loans or grant, with respect to a specific urban renewal  project,  make or  contract  to  make  a  state  capital  grant,  within appropriations therefor, to such municipality to assist in meeting the cost of  surveys and  plans  for  such  project  and the administrative and other related expenditures to be incurred in undertaking and completing such project.   All contracts for such  state  capital  grants  shall  be  subject  to approval  by  the  state  comptroller, and by the attorney general as to form. The commissioner may make advances or progress payments on account of any state capital grant  contracted  to  be  made  pursuant  to  this section  and  such  advances  or  payments shall not constitute periodic subsidies.   2. Any such state capital  grant  shall  be  in  such  amount,  within appropriations  therefor,  as  the  commissioner, in his discretion, may deem necessary to assist the municipality in discharging its obligations in connection with the program  for  which  the  grant  shall  be  made; provided,  however,  that no such grant shall exceed one-half of the net cost of such program to the municipality, exclusive of any  federal  aid or  assistance, as such net costs shall be certified by the municipality and approved by the commissioner. If the municipality has not applied to or entered into a contract with the  federal  government  for  advances, loans  or  grants  for  a  specific project, such grant shall not in any event exceed five hundred thousand dollars ($500,000).   3. No municipality shall receive any such state  capital  grant  until (a)  the urban renewal plan has been approved by the governing body, (b) the program set forth in such plan has been certified  as  eligible  for federal  assistance  by the appropriate federal agency, or the governing body has found that such federal financial assistance is  not  necessary for  the  undertaking and successful completion of the program set forth in such plan, and (c) the governing body and the comptroller,  or  in  a municipality  having  no  comptroller, the chief financial officer, have attached  their  separate  approvals  to   the   grant   contract.   The commissioner  may  make  temporary  advances  to  such  municipality  in anticipation of any such grant.   4. Notwithstanding anything contained in this section  or  in  section five  hundred thirteen of this article to the contrary, the commissioner may in the name  of  the  state,  within  appropriations  heretofore  or hereafter made for state capital grants to assist in carrying out one or more  local urban renewal programs, make or contract to make advances of funds to municipalities, in  anticipation  of  any  such  state  capital grant,  to  assist such municipalities in preparing preliminary economic and physical plans for relocation housing, regulated by law or  contract as  to  rents,  for  persons  and  families to be displaced by the urban  renewal program whose  housing  needs  cannot  be  met  by  the  unaided operations  of  private  enterprise. Upon completion such plans shall be filed with the commissioner.   No  such contract or advance shall be made (a) before an urban renewal area, to whose residents  such  relocation  housing  relates,  has  been designated  pursuant  to  section five hundred four of this article; (b) unless  the  governing  body  has  certified  that  the  preparation  of preliminary plans for such relocation housing is necessary to the making of  a finding, pursuant to section five hundred five of this article, as to the existence of a feasible method of relocation; and (c)  in  excess of the lowest of the following amounts:  (i) the actual cost of preparation of such preliminary plans;  (ii)  one-half  of  one per cent of the estimated construction cost of the proposed relocation housing;  (iii) twenty-five thousand dollars; and every such advance shall be repaid out of any  state  capital  grant which  may become payable to the municipality for the undertaking of the urban renewal project involved.   5. (a) Notwithstanding anything  contained  in  this  article  to  the contrary,  the  commissioner  may  in  the  name  of  the  state, within appropriations heretofore or hereafter made for state capital grants  to assist in carrying out one or more local urban renewal programs, make or contract  to  make  state  capital grants to municipalities to assist in financing the cost of the preparation and  completion  of  one  or  more community renewal programs.   A  community renewal program may include, without being limited to (1) the  identification  of  slum  areas  or  blighted,   deteriorated,   or deteriorating  areas in the community, (2) the measurement of the nature and degree of blight  and  blighting  factors  within  such  areas,  (3) determination  of  the financial, relocation, and other resources needed and available to renew such areas, (4) the identification  of  potential project  areas  and,  where  feasible,  types  of  urban  renewal action contemplated within such areas, and (5)  scheduling  or  programming  of urban renewal activities.  (b)  Any  such  state  capital  grant  shall be in such amount, within appropriations therefor, as the commissioner,  in  his  discretion,  may deem necessary to assist the municipality in discharging its obligations in  connection  with  the  community renewal program for which the state capital grant shall be made;  provided,  however,  that  no  such  state capital  grant  shall exceed one-half of the cost to the municipality of undertaking and completing such program, exclusive  of  any  federal  or state aid or assistance therefor, as such cost shall be certified by the municipality and approved by the commissioner.  (c)  No  municipality shall receive any such state capital grant until (1) the community renewal program has been  approved  by  the  governing body,  (2)  such  program  has  been  certified  as eligible for federal assistance by the appropriate federal agency, and (3) the governing body and the comptroller, or in a municipality  having  no  comptroller,  the chief  financial  officer, have attached their separate approvals to the state grant contract.  (d) All contracts for such state capital grants shall  be  subject  to approval  by  the  state  comptroller, and by the attorney general as to form. The commissioner may make advances or progress payments on account of any such state capital grant contract to be  made  pursuant  to  this section.   6.  (a)  Notwithstanding  anything  to  the contrary contained in this section or elsewhere in this chapter, or  in  any  general,  special  or local  law, except as hereinafter provided, the commissioner may, in the  name of the state, include in determining  the  net  cost  of  an  urban renewal  project  for  the  purpose  of  computing  the  amount of state financial assistance to a municipality, those  expenditures  made  by  a private  voluntary  hospital  and/or  by  a  private  college or private university, within, adjacent to, or in the immediate  vicinity  of  such project  which are recognized as non-cash grant-in-aid credits under the provisions of section one hundred twelve of title  one  of  the  federal housing act of nineteen hundred forty-nine, as amended and supplemented; provided,  however,  that  such computation shall not apply to any urban renewal project for which a contract has been executed with the  federal government  for  a  capital grant (or for a loan and grant) prior to the first day of July, nineteen hundred sixty-six.  (b) Not more than fifteen per centum of the amount appropriated by the state or otherwise available to the commissioner in any year  for  urban renewal  assistance  to  municipalities  and  agencies  pursuant to this section and section five hundred fifty-seven of this  chapter  shall  be available for the purposes of paragraph (a) of this subdivision.  (c)  In  no  instance  shall  the  amount  of  state  assistance  to a municipality  under  this  subdivision  exceed  the  net  project  cost, excluding   the   amount   of  the  non-cash  grant-in-aid  credits  for expenditures made by a private voluntary hospital and/or  by  a  private college  or private university allowed in accordance with the provisions of section one hundred twelve of title I of the federal housing  act  of nineteen  hundred  forty-nine  as  amended  and  supplemented,  less any federal capital grant, or loan and grant, for such  project;  nor  shall the  aggregate  amount  of  state  assistance for any such urban renewal project, including section one hundred twelve  grant-in-aid  credits  as provided  by  this  subdivision,  exceed  one-half  of  the  total local grant-in-aid requirements necessary to complete such project.  (d) No such section one hundred twelve non-cash  grant-in-aid  credits shall  be  included  in  determining  the  net  cost of an urban renewal project for the purpose of  computing  the  amount  of  state  financial assistance  to  a  municipality  unless  such  expenditures were made in conformity with a plan or undertaking for the clearance, replanning  and reconstruction  or rehabilitation of a substandard or insanitary area or areas.  (e) Such plan  or  undertaking,  for  the  clearance,  replanning  and reconstruction  or  rehabilitation  of  a  substandard  insanitary  area adjacent to or in the immediate vicinity of  an  urban  renewal  project shall conform to the comprehensive community plan for the development of the  community  as  a  whole.  Every  such  plan or undertaking shall be submitted to the commission, if any, for approval. The commission  after considering  the  plan or undertaking may: issue a report of unqualified approval; or issue a report of conditional  or  qualified  approval;  or issue  a  report  disapproving  same.  The  plan or undertaking shall be submitted, together with the report of  the  commission,  to  the  local legislative body for its approval. If the commission shall have issued a report  of unqualified approval, the plan or undertaking may be approved in accordance with the report of the commission by a  majority  vote  of the  local  legislative  body.    If  the commission shall have issued a report disapproving same, or shall have issued a report  of  conditional or  unqualified approval, or shall have failed to make its report within four weeks  of  the  submission  of  the  plan  or  undertaking  to  the commission,  the  local  legislative body may, nevertheless, approve the plan or undertaking but only by a three-fourths vote.