§ 557 — State capital grants

§ 557. State capital grants. 1. The commissioner may in the name of\nthe state, (a) in the case of agencies which have contracted with the\nfederal government for a capital grant (or for a loan and grant) make or\ncontract to make, within appropriations therefor, a state capital grant\nto such agency to assist in carrying out one or more programs of urban\nrenewal;\n (b) in the case of agencies which have not made application to or\nentered into a contract with the federal government for advances, loans\nor grants with respect to a specific urban renewal project, make or\ncontract to make a state capital grant, within appropriations therefor,\nto such agency to assist in meeting the cost of surveys and plans for\nsuch project and the administrative and other related expenditures to be\nincurred 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 agency in discharging its obligations in\nconnection with the programs 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 agency, exclusive of any federal aid or\nassistance, as such net cost shall be certified by the agency and\napproved by the commissioner. If the agency has not applied to or\nentered into a contract with the federal government for advances, loans\nor grants for a specific project, such grant shall not in any event\nexceed five hundred thousand dollars ($500,000).\n 3. No agency shall receive any such state capital grant until (a) the\nurban renewal plan has been approved by the governing body, (b) the\nprogram 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 has attached its approval to\nthe grant contract. The commissioner may make temporary advances to such\nagency in anticipation of any such grant.\n 4. Notwithstanding anything contained in this section to the contrary,\nthe commissioner may in the name of the state, within appropriations\nheretofore or hereafter made for state capital grants to assist in\ncarrying out one or more local urban renewal programs, make or contract\nto make advances of funds to agencies, in anticipation of any such state\ncapital grant, to assist such agencies 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 agency for the undertaking of the urban\nrenewal project involved.\n 5. Notwithstanding anything contained in this article or article\nfifteen of this chapter to the contrary, the commissioner may in the\nname of the state, within appropriations heretofore or hereafter made\nfor state capital grants to assist in carrying out one or more local\nurban renewal programs make or contract to make state capital grants to\nsuch agencies to assist in financing the cost of the preparation and\ncompletion of one or more community renewal programs.\n 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 agency in discharging its obligations in\nconnection with the program for which the state grant shall be made;\nprovided, however, that no such state capital grant shall exceed\none-half of the cost to the agency of undertaking and completing such\nprogram, exclusive of any federal or state aid or assistance therefor,\nas such cost shall be certified by the agency and approved by the\ncommissioner.\n No agency shall receive any such state grant until (a) the community\nrenewal program has been approved by the governing body, (b) the program\nhas been certified as eligible for federal assistance by the appropriate\nfederal agency, and (c) the governing body has attached its approval to\nthe state capital grant contract.\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 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 an agency, those expenditures made by a private\nvoluntary hospital and/or by a private college or private university,\nwithin, adjacent to, or in the immediate vicinity of such project which\nare recognized as non-cash grant-in-aid credits under the provisions of\nsection one hundred twelve of title one of the federal housing act of\nnineteen hundred forty-nine, as amended and supplemented; provided,\nhowever, that such computation shall not apply to any urban renewal\nproject 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 ten of this chapter shall be available\nfor the purposes of paragraph (a) of this subdivision.\n (c) In no instance shall the amount of state assistance to an agency\nunder this subdivision exceed the net project cost, excluding the amount\nof the non-cash grant-in-aid credits for expenditures made by a private\nvoluntary hospital and/or by a private college or private university\nallowed in accordance with the provisions of section one hundred twelve\nof title I of the federal housing act of nineteen hundred forty-nine as\namended and supplemented, less any federal capital grant, or loan and\ngrant, for such project; nor shall the aggregate amount of state\nassistance for any such urban renewal project, including section one\nhundred twelve grant-in-aid credits as provided by this subdivision,\nexceed one-half of the total local grant-in-aid requirements necessary\nto 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 an agency unless such expenditures were made in conformity\nwith 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 report\ndisapproving same, or shall have issued a report of conditional or\nunqualified 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