2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 8 - New York Job Development Authority Subtitle I General Provisions › Sub Title 4 - Subtitle Iv Financial Assistance Generally › 1823 - Further Restrictions on Loans and Loan Guarantees.

§ 1823. Further restrictions on loans and loan guarantees. In addition
to other provisions of this title limiting the power of the authority to
make  loans to local development corporations in respect of a particular
project, and to guarantee  loans  made  by  banking  organizations,  the
following restrictions shall also apply:
1.  No  funds of the authority shall be used in respect of any project
if the completion thereof would result in the removal of  an  industrial
or  manufacturing  plant  or  research and development facility or other
eligible business facility of the project occupant from one area of  the
state  to another area of the state or in the abandonment of one or more
plants or facilities of the project occupant located within  the  state,
provided, however, that neither restriction shall apply if the authority
shall  determine  on  the  basis  of  the application before it that the
project is reasonably necessary to discourage the project occupant  from
removing such other plant or facility to a location outside the state or
is  reasonably  necessary  to  preserve  the competitive position of the
project occupant in its respective industry.
2. No funds of the authority shall be used in respect of  any  project
if  the  authority would be required to operate, service or maintain the
project pursuant to any lease or other agreement except upon foreclosure
or except upon the occurrence of a default in the payment  or  terms  of
any loan guaranteed by the authority, provided, however, notwithstanding
any  other provision of this subtitle, the authority may take title to a
project under a financing lease which does not require the authority  to
operate,  service or maintain the project itself, and which provides for
payments in lieu of property taxes  as  approved  by  the  local  taxing
jurisdiction  which  are  equal to or less than any property taxes which
would have been due had the authority not taken title to  the  property.
Nothing  shall  prevent the authority from transferring such property to
the project occupant or its designee at the end  of  the  term  of  such
financing.
3.  No  funds  of the authority shall be used for a project unless the
applicant shows to the satisfaction of the authority that funds equal to
the amount of the proposed loan from the authority  are  not  reasonably
available from other sources at a comparable cost of borrowing.
4. No funds of the authority shall be used in violation of any further
restrictions  imposed  by general rule or regulation of the authority in
relation to assisted projects and the authority is hereby authorized  to
adopt  rules and regulations containing such restrictions as it may deem
necessary or appropriate to effectuate its corporate purposes.
5. No provision of  this  title  shall  prevent  the  inclusion  in  a
mortgage,  lease or other agreement relating to an assisted project of a
provision granting the project  occupant  the  right  to  purchase  such
project upon such terms and conditions as the authority may approve.
6.  No  funds of the authority shall be loaned or used for any project
unless the applicant demonstrates to the authority that such project has
a valid permit or permits for  the  following,  when  such  permits  are
required  pursuant  to  applicable  federal,  state  or  local  law: the
generation, treatment, storage and disposal  of  hazardous  wastes;  the
discharge  of  pollutants  into  the  waters of the state, or, if such a
plant or facility is in violation thereof, that the project contemplated
includes the elimination of any such violation or violations.
7. Loans in economically distressed areas and to companies in need  of
special  assistance.  (a)  Loans by the authority pursuant to paragraphs
(a) and (b) of subdivision two of section eighteen hundred three of this
chapter may exceed forty percent but shall not exceed sixty  percent  of
the cost of the project for:
(i)  projects  which are or will be located in empire zones designated
pursuant to article eighteen-b of the general municipal law or in  areas
that meet, in accordance with the most recent census data available, the
following criteria:
(A)  the  area must have a poverty rate of at least twenty percent for
the year to which the data relate; and
(B) the area must have an unemployment rate of at  least  one  hundred
twenty-five  percent  of the statewide unemployment rate for the year to
which the data relate;
(ii) projects involving companies in need  of  special  assistance  as
determined  by  the  findings  of the members of the authority that such
companies are unable to obtain  a  sufficient  amount  of  financing  at
prevailing  market  rates  of interest for businesses of similar size in
the same industry in New York state.
(b) In determining eligibility for loans involving companies  in  need
of  special assistance pursuant to subparagraph (ii) of paragraph (a) of
this subdivision, the members of the authority shall consider:
(i) the applicant's potential for creating jobs in New York state;
(ii) the benefits derived from the project in the community  in  which
the project is or will be located;
(iii)  the interaction of a project with economic development programs
administered by the department of economic  development,  the  New  York
state  urban  development corporation and the New York state science and
technology foundation;
(iv) the meaningful participation of minority and women-owned business
enterprises and minority group members and women in a project;
(v) the degree  to  which  the  project  will  support  apprenticeship
training;
(vi)  compliance  with  the  provisions  of  section  eighteen hundred
twenty-six of this chapter with regard to the project occupant; and
(vii) in consultation with the department of economic development, the
eligibility  of  the  applicant  for  assistance  under  the  industrial
effectiveness   program  pursuant  to  article  seven  of  the  economic
development law.
(c) In addition to the rules and regulations promulgated  with  regard
to loans made by the authority under other provisions of this title, the
members  of  the  authority  shall also promulgate rules and regulations
pertaining to the  loans  made  under  subparagraphs  (i)  and  (ii)  of
paragraph  (a)  of  this subdivision by December first, nineteen hundred
ninety-two.
(d) On an annual basis, the authority shall compile and publish:
(i) in consultation with the department  of  economic  development,  a
listing  of economically distressed areas as defined in subparagraph (i)
of paragraph (a) of this subdivision.
(ii) the criteria for determining the eligibility of a project that is
in need of special assistance under subparagraph (ii) of  paragraph  (a)
of this subdivision.
(e)  All  otherwise  applicable  requirements and restrictions of this
title shall apply to projects that are described  in  paragraph  (a)  of
this  subdivision, provided, however, that in the case of projects which
involve the relocation of economic activity  from  another  municipality
within  New  York  state, the authority shall also find that the project
occupant has made reasonable efforts to carry out the project within the
municipality  from  which  the  project  occupant  intends  to  move  an
industrial,   or   manufacturing  plant,  or  research  and  development
facility, or other eligible business facility.