2023 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.