§ 96-D — Banking development districts

§ 96-d. Banking development districts. 1. There is hereby created a\nbanking development district program, the purpose of which is to\nencourage the establishment of bank branches in geographic locations\nwhere there is a demonstrated need for banking services. The\nsuperintendent of financial services shall, in consultation with the\ndepartment of economic development, promulgate rules and regulations,\nafter public hearing and comment, which set forth the criteria for the\nestablishment of banking development districts. Such criteria shall\ninclude, but not be limited to, the following:\n (a) the location, number, and proximity of sites where banking\nservices are available within the district;\n (b) the identification of consumer needs for banking services within\nthe district;\n (c) the economic viability and local credit needs of the community\nwithin the district;\n (d) the existing commercial development within the district;\n (e) the impact additional banking services would have on potential\neconomic development in the district;\n (f) whether a community is identified as unbanked or underbanked by\nthe superintendent; and\n (g) such other criteria which the superintendent in his or her\ndiscretion shall identify as appropriate.\n 2. A local government, in conjunction with a bank, trust company or\nnational bank, may submit an application to the superintendent for the\ndesignation of a banking development district. The superintendent shall\nissue a determination on such an application within sixty days of\nreceiving such application. If an application is approved, the\nsuperintendent shall transmit notification of the designation of a\nbanking development district to the local government, the bank, trust\ncompany or national bank, the state comptroller, the commissioner of\ntaxation and finance, the commissioner of the department of economic\ndevelopment, the temporary president of the senate and the speaker of\nthe assembly. The designation of a banking development district shall be\nvalid for fourteen years. Prior to the expiration of a banking\ndevelopment district designation, the superintendent may extend the\ndesignation for one or more additional five or ten year periods.\n 2-a. Notwithstanding any other provision of law, an application may be\nsubmitted by a local government in conjunction with a bank, trust\ncompany or national bank which has already opened a bank branch within\nsuch area. In considering the criteria authorized pursuant to\nsubdivision one of this section, the superintendent shall also take into\naccount the importance and benefits of preserving the banking services\noffered by the existing branch.\n 3. The establishment of a branch in a banking development district by\na bank, trust company or national bank shall be subject to all\napplicable state and federal laws regarding the establishment of branch\noffices, including the provisions of section one hundred five of this\narticle, provided however that the branch application fee required\npursuant to section twenty-nine of this chapter shall be waived for any\nsuch branch. A bank or trust company may submit an application to open a\nbranch office simultaneously with the submission of the application for\nthe designation of a banking development district.\n 4. For the purposes of this section, the term "local government" shall\nmean a county, town, city or village.\n * 5. (a) Notwithstanding the provisions of subdivision two of section\ntwo hundred thirty-seven of this chapter; for the purposes of this\nsection, paragraph c of subdivision two of section ten of the general\nmunicipal law, subdivision six of section one hundred five of the state\nfinance law and section four hundred eighty-five-f of the real property\ntax law, any reference to a bank, trust company or national bank shall\nbe deemed to include a savings bank, savings and loan association,\nfederal savings and loan association, federal savings bank, credit\nunion, or federal credit union; provided, however, that such provisions\nof law do not grant a savings bank, savings and loan association,\nfederal savings and loan association, federal savings bank, credit\nunion, or federal credit union eligibility to accept municipal or public\nfunds or municipal or public moneys other than for the limited purposes\nof the establishment of a branch in a banking development district\npursuant to this section. Any such municipal or public funds or moneys\nshall be deposited only at the branch established pursuant to this\nsection, and any municipal funds or moneys may be deposited only by the\nsponsoring municipality in which the branch and banking development\ndistrict are located; provided further that any such municipal or public\nfunds or moneys shall be subject to the same requirements which apply to\nmunicipal or public funds or moneys deposited in a bank, trust company\nor national bank and shall also be subject to the provisions of section\none hundred five of the state finance law or section ten of the general\nmunicipal law relating to such deposits.\n (b) Notwithstanding any other provision of law, the superintendent of\nfinancial services shall promulgate rules and regulations to authorize\nthe participation of savings banks, savings and loan associations,\nfederal savings banks, federal savings and loan associations, credit\nunions, and federal credit unions in the program established pursuant to\nthis section.\n * NB Repealed January 1, 2029\n 6. For the purposes of this section, nothing shall preclude a bank,\ntrust company or national bank from seeking approval to establish one or\nmore branches in an existing banking development district where it or\nanother bank has or is authorized to have a branch. The department shall\nhave the authority to approve any bank, trust company or national bank\nfor participation in the banking development district program, and any\nbranch approved pursuant to this section shall operate in accordance\nwith this section and is eligible for all the rights and privileges\nauthorized by this section.\n