§ 510 — State capital grants

§ 510. State capital grants. 1. In lieu of making or contracting to\nmake a loan or periodic subsidy, or both, pursuant to sections five\nhundred eight and five hundred nine of this article, the commissioner\nmay in the name of the state,\n (a) in the case of municipalities which have contracted with the\nfederal government for a capital grant (or for a loan and grant)\nsubsequent to the thirty-first day of December, nineteen hundred sixty,\nmake or contract to make, within appropriations therefor, a state\ncapital grant to such municipality to assist in carrying out one or more\nprograms of urban renewal; provided, however, that such state capital\ngrant may be made with respect to that part of any program which has\nbeen added, or with respect to which the federal capital grant, or loan\nand grant, has been increased, pursuant to a contract or contract\namendment entered into with the federal government, after such date;\n (b) in the case of municipalities which have not made application to\nor entered into a contract with the federal government for advances,\nloans or grant, with respect to a specific urban renewal project, make\nor contract to make a state capital grant, within appropriations\ntherefor, to such municipality to assist in meeting the cost of surveys\nand plans for such project and the administrative and other related\nexpenditures to be incurred in undertaking and completing such project.\n All contracts for such state capital grants shall be subject to\napproval by the state comptroller, and by the attorney general as to\nform. The commissioner may make advances or progress payments on account\nof any state capital grant contracted to be made pursuant to this\nsection and such advances or payments shall not constitute periodic\nsubsidies.\n 2. Any such state capital grant shall be in such amount, within\nappropriations therefor, as the commissioner, in his discretion, may\ndeem necessary to assist the municipality in discharging its obligations\nin connection with the program for which the grant shall be made;\nprovided, however, that no such grant shall exceed one-half of the net\ncost of such program to the municipality, exclusive of any federal aid\nor assistance, as such net costs shall be certified by the municipality\nand approved by the commissioner. If the municipality has not applied to\nor entered into a contract with the federal government for advances,\nloans or grants for a specific project, such grant shall not in any\nevent exceed five hundred thousand dollars ($500,000).\n 3. No municipality shall receive any such state capital grant until\n(a) the urban renewal plan has been approved by the governing body, (b)\nthe program set forth in such plan has been certified as eligible for\nfederal assistance by the appropriate federal agency, or the governing\nbody has found that such federal financial assistance is not necessary\nfor the undertaking and successful completion of the program set forth\nin such plan, and (c) the governing body and the comptroller, or in a\nmunicipality having no comptroller, the chief financial officer, have\nattached their separate approvals to the grant contract. The\ncommissioner may make temporary advances to such municipality in\nanticipation of any such grant.\n 4. Notwithstanding anything contained in this section or in section\nfive hundred thirteen of this article to the contrary, the commissioner\nmay in the name of the state, within appropriations heretofore or\nhereafter made for state capital grants to assist in carrying out one or\nmore local urban renewal programs, make or contract to make advances of\nfunds to municipalities, in anticipation of any such state capital\ngrant, to assist such municipalities in preparing preliminary economic\nand physical plans for relocation housing, regulated by law or contract\nas to rents, for persons and families to be displaced by the urban\nrenewal program whose housing needs cannot be met by the unaided\noperations of private enterprise. Upon completion such plans shall be\nfiled with the commissioner.\n No such contract or advance shall be made (a) before an urban renewal\narea, to whose residents such relocation housing relates, has been\ndesignated pursuant to section five hundred four of this article; (b)\nunless the governing body has certified that the preparation of\npreliminary plans for such relocation housing is necessary to the making\nof a finding, pursuant to section five hundred five of this article, as\nto the existence of a feasible method of relocation; and (c) in excess\nof the lowest of the following amounts:\n (i) the actual cost of preparation of such preliminary plans;\n (ii) one-half of one per cent of the estimated construction cost of\nthe proposed relocation housing;\n (iii) twenty-five thousand dollars;\nand every such advance shall be repaid out of any state capital grant\nwhich may become payable to the municipality for the undertaking of the\nurban renewal project involved.\n 5. (a) Notwithstanding anything contained in this article to the\ncontrary, the commissioner may in the name of the state, within\nappropriations heretofore or hereafter made for state capital grants to\nassist in carrying out one or more local urban renewal programs, make or\ncontract to make state capital grants to municipalities to assist in\nfinancing the cost of the preparation and completion of one or more\ncommunity renewal programs.\n A community renewal program may include, without being limited to (1)\nthe identification of slum areas or blighted, deteriorated, or\ndeteriorating areas in the community, (2) the measurement of the nature\nand degree of blight and blighting factors within such areas, (3)\ndetermination of the financial, relocation, and other resources needed\nand available to renew such areas, (4) the identification of potential\nproject areas and, where feasible, types of urban renewal action\ncontemplated within such areas, and (5) scheduling or programming of\nurban renewal activities.\n (b) Any such state capital grant shall be in such amount, within\nappropriations therefor, as the commissioner, in his discretion, may\ndeem necessary to assist the municipality in discharging its obligations\nin connection with the community renewal program for which the state\ncapital grant shall be made; provided, however, that no such state\ncapital grant shall exceed one-half of the cost to the municipality of\nundertaking and completing such program, exclusive of any federal or\nstate aid or assistance therefor, as such cost shall be certified by the\nmunicipality and approved by the commissioner.\n (c) No municipality shall receive any such state capital grant until\n(1) the community renewal program has been approved by the governing\nbody, (2) such program has been certified as eligible for federal\nassistance by the appropriate federal agency, and (3) the governing body\nand the comptroller, or in a municipality having no comptroller, the\nchief financial officer, have attached their separate approvals to the\nstate grant contract.\n (d) All contracts for such state capital grants shall be subject to\napproval by the state comptroller, and by the attorney general as to\nform. The commissioner may make advances or progress payments on account\nof any such state capital grant contract to be made pursuant to this\nsection.\n 6. (a) Notwithstanding anything to the contrary contained in this\nsection or elsewhere in this chapter, or in any general, special or\nlocal law, except as hereinafter provided, the commissioner may, in the\nname of the state, include in determining the net cost of an urban\nrenewal project for the purpose of computing the amount of state\nfinancial assistance to a municipality, those expenditures made by a\nprivate voluntary hospital and/or by a private college or private\nuniversity, within, adjacent to, or in the immediate vicinity of such\nproject which are recognized as non-cash grant-in-aid credits under the\nprovisions of section one hundred twelve of title one of the federal\nhousing act of nineteen hundred forty-nine, as amended and supplemented;\nprovided, however, that such computation shall not apply to any urban\nrenewal project for which a contract has been executed with the federal\ngovernment for a capital grant (or for a loan and grant) prior to the\nfirst day of July, nineteen hundred sixty-six.\n (b) Not more than fifteen per centum of the amount appropriated by the\nstate or otherwise available to the commissioner in any year for urban\nrenewal assistance to municipalities and agencies pursuant to this\nsection and section five hundred fifty-seven of this chapter shall be\navailable for the purposes of paragraph (a) of this subdivision.\n (c) In no instance shall the amount of state assistance to a\nmunicipality under this subdivision exceed the net project cost,\nexcluding the amount of the non-cash grant-in-aid credits for\nexpenditures made by a private voluntary hospital and/or by a private\ncollege or private university allowed in accordance with the provisions\nof section one hundred twelve of title I of the federal housing act of\nnineteen hundred forty-nine as amended and supplemented, less any\nfederal capital grant, or loan and grant, for such project; nor shall\nthe aggregate amount of state assistance for any such urban renewal\nproject, including section one hundred twelve grant-in-aid credits as\nprovided by this subdivision, exceed one-half of the total local\ngrant-in-aid requirements necessary to complete such project.\n (d) No such section one hundred twelve non-cash grant-in-aid credits\nshall be included in determining the net cost of an urban renewal\nproject for the purpose of computing the amount of state financial\nassistance to a municipality unless such expenditures were made in\nconformity with a plan or undertaking for the clearance, replanning and\nreconstruction or rehabilitation of a substandard or insanitary area or\nareas.\n (e) Such plan or undertaking, for the clearance, replanning and\nreconstruction or rehabilitation of a substandard insanitary area\nadjacent to or in the immediate vicinity of an urban renewal project\nshall conform to the comprehensive community plan for the development of\nthe community as a whole. Every such plan or undertaking shall be\nsubmitted to the commission, if any, for approval. The commission after\nconsidering the plan or undertaking may: issue a report of unqualified\napproval; or issue a report of conditional or qualified approval; or\nissue a report disapproving same. The plan or undertaking shall be\nsubmitted, together with the report of the commission, to the local\nlegislative body for its approval. If the commission shall have issued a\nreport of unqualified approval, the plan or undertaking may be approved\nin accordance with the report of the commission by a majority vote of\nthe local legislative body. If the commission shall have issued a\nreport disapproving same, or shall have issued a report of conditional\nor unqualified approval, or shall have failed to make its report within\nfour weeks of the submission of the plan or undertaking to the\ncommission, the local legislative body may, nevertheless, approve the\nplan or undertaking but only by a three-fourths vote.\n