UDC-43-07-00008-E Restore New York's Communities Initiative
10/24/07 N.Y. St. Reg. UDC-43-07-00008-E
NEW YORK STATE REGISTER
VOLUME XXIX, ISSUE 43
October 24, 2007
RULE MAKING ACTIVITIES
URBAN DEVELOPMENT CORPORATION
EMERGENCY RULE MAKING
I.D No. UDC-43-07-00008-E
Filing No. 1050
Filing Date. Oct. 09, 2007
Effective Date. Oct. 09, 2007
Restore New York's Communities Initiative
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Addition of Part 4245 to Title 21 NYCRR.
Statutory authority:
Urban Development Corporation Act, section 5(4); and L. 1968, ch. 174; L. 1994, ch. 169; L. 2001, ch. 471
Finding of necessity for emergency rule:
Preservation of public health, public safety and general welfare.
Specific reasons underlying the finding of necessity:
Effective provision of economic development assistance in accordance with the enabling legislation (including recent amendments thereto) requires the creation of the rule. This assistance is necessary to address the dangers to public health, safety and welfare posed by vacant, abandoned, surplus or condemned buildings in municipalities.
Subject:
Economic development and job creation throughout New York State and preservation of public health and public safety via the demolition, deconstruction, reconstruction and rehabilitation of vacant, abandoned, surplus or condemned buildings in municipalities.
Purpose:
To provide the framework for administration of the Restore New York's Communities Initiative, evaluation criteria, terms and conditions, and the application and evaluation process.
Substance of emergency rule:
The Restore New York's Communities Initiative (the “Program”) was created pursuant to Chapter 109 of the Laws of 2006 (the “Enabling Legislation”). The general purpose of the Program is to promote economic development in the State by encouraging economic and employment opportunities for the State's citizen's and stimulating development of communities throughout the State.
The Enabling Legislation creates Sections 16-n of the New York State Urban Development Corporation Act (the “UDC Act”) which governs the Program. The Enabling Legislation requires the New York State Urban Development Corporation d/b/a the Empire State Development Corporation (the “Corporation”) to promulgate rules and regulations for the Program (the “Rules”) in accordance with the provisions of the State Administrative Procedure Act (“SAPA”). The Rules set forth the framework for the eligibility, evaluation criteria, application and project process and administrative procedures of the Program as follows:
1. Program Assistance:
a) Demolition and Deconstruction Grants of up to twenty thousand dollars per residential real property in need of demolition or deconstruction on the property assessment list.
b) Rehabilitation and Reconstruction Grants of up to one hundred thousand dollars for real property in need of rehabilitation or reconstruction on the property assessment list.
The proposed new Rule sets for the types of available assistance, eligibility, evaluation criteria, process and related matters, including implementation and administration of the Restore New York's Communities Initiative set forth in Section 16-n of the Urban Development Corporation Act. The initiative promotes demolition, deconstruction, reconstruction and rehabilitation of vacant, abandoned, surplus or condemned buildings in municipalities by providing the financial assistance mentioned above to municipalities for the demolition, deconstruction, reconstruction and rehabilitation of such buildings.
This notice is intended
to serve only as a notice of emergency adoption. This agency intends to adopt this emergency rule as a permanent rule and will publish a notice of proposed rule making in the State Register at some future date. The emergency rule will expire January 6, 2008.
Text of emergency rule and any required statements and analyses may be obtained from:
Antovk Pidedjian, Urban Development Corporation d/b/a Empire State Development Corporation, 633 Third Ave., 37th Fl., New York, NY 10017, (212) 803-3792, e-mail: apidedjian@empire.state.ny.us
Regulatory Impact Statement
1. Statutory Authority:
Chapter 109, Laws of 2006 (Unconsolidated Laws, Section 6266-n. Another Unconsolidated Laws Section 6266-n was added by another act) authorized the Urban Development Corporation, d/b/a Empire State Development Corporation (the “Corporation”) to implement the Restore New York's Communities Initiative (the “Program”) to promote economic development in the State by encouraging economic and employment opportunities for the State's citizens and stimulating development of communities throughout the State. The program, in furtherance of the foregoing, offers municipalities assistance for the demolition, deconstruction, reconstruction and rehabilitation of vacant, abandoned, surplus or condemned buildings in municipalities.
2. Legislative Objective:
The objective of the statute authorizing the Program is to promote the economic health of New York State by facilitating the creation or retention of jobs or increasing business activity within municipalities or regions of the State.
3. Need and Benefits:
The Program's legislation assists job creation throughout the State by providing the following types of assistance:
a) Demolition and Deconstruction Grants of up to twenty thousand dollars per residential real property in need of demolition or deconstruction on the property assessment list.
b) Rehabilitation and Reconstruction Grants of up to one hundred thousand dollars for real property in need of rehabilitation or reconstruction on the property assessment list.
The proposed new Rule sets for the types of available assistance, eligibility, evaluation criteria, process and related matters, including implementation and administration of the Restore New York's Communities Initiative set forth in Section 16-n of the Urban Development Corporation Act. The initiative promotes demolition, deconstruction, reconstruction and rehabilitation of vacant, abandoned, surplus or condemned buildings in municipalities by providing the financial assistance mentioned above to municipalities for the demolition, deconstruction, reconstruction and rehabilitation of such buildings.
1. Evaluation Criteria — The Corporation, will review and evaluate applications for assistance pursuant to eligibility requirements and criteria set forth in the UDC Act and the Rule.
2. Application procedure — Approval of applications shall be made only upon a determination by the Corporation:
(i) that the proposed project would promote the economic health of the State by facilitating the creation or retention of jobs or would increase business activity within a political subdivision or region of the State or would enhance or help to maintain the economic viability the State.
(ii) that the project would be unlikely to take place in the State without the requested assistance; and
(iii) that the project is reasonably likely to accomplish its stated objectives and that the likely benefits of the project exceed costs.
4. Costs:
The funding source is appropriation funds. Savings will occur as a result of the use of standard applications which allow staff to efficiently assist in the application process.
5. Local Government Mandates:
There is no imposition of any mandates upon local governments by the amended rule.
6. Paperwork:
There are no additional reporting or paperwork requirements as a result of this amended rule. Standard applications used for most other Corporation assistance will be employed. This simplification and consolidation is part of the Corporation's overall effort to streamline all of its programs, and, thereby, facilitate, the application process for all of the Corporation's clients.
7. Duplication:
There are no duplicative, overlapping or conflicting rules or legal requirements, either federal or state.
8. Federal Standards:
There are no applicable federal government standards which apply.
9. Alternatives:
This Program was created by the Legislature in our representative form of government. The Corporation is implementing this legislation. It is not for the Corporation to say what harm would be caused by doing nothing. With respect to implementing legislation, doing nothing is NOT an option.
10. Compliance Schedule:
No significant time will be needed for compliance.
Regulatory Flexibility Analysis
1. Effect of the Rule:
The proposed Rule will provide the framework for administration of the Restore New York's Communities Initiative (the “Program”) to promote economic development in the State by encouraging economic and employment opportunities for the State's citizens and stimulating development of communities throughout the State. The program, in furtherance of the foregoing, offers municipalities assistance for the demolition, deconstruction, reconstruction and rehabilitation of vacant, abandoned, surplus or condemned buildings in municipalities.
The objective of the statute authorizing the Program is to promote the economic health of New York State by facilitating the creation or retention of jobs or increasing business activity within municipalities or regions of the State.
The proposed new Rule sets for the types of available assistance, eligibility, evaluation criteria, process and related matters, including implementation and administration of the Restore New York's Communities Initiative set forth in Section 16-n of the Urban Development Corporation Act. The Program promotes demolition, deconstruction, reconstruction and rehabilitation of vacant, abandoned, surplus or condemned buildings in municipalities by providing the financial assistance mentioned above to municipalities for the demolition, deconstruction, reconstruction and rehabilitation of such buildings.
2. Compliance Requirement:
No affirmative acts will be needed to comply.
3. Professional Services:
No professional services will be needed to comply.
4. Compliance Costs:
No initial costs will be needed to comply with the proposed Rule.
5. Economic Feasibility:
The Rule makes the Program assistance feasible for local governments, by expressly stating that municipalities are eligible for certain types of Program assistance while permitting local governments access to all other types of Program assistance for which they may be eligible. It is also economically feasible for local governments to coordinate their respective economic development and job retention and attraction efforts.
6. Minimizing Adverse Impact:
The revised rule will have no adverse economic impact on small business or local governments.
7. Small Business and Local Participation:
The Program is a product of the legislative process and, thereby, has had the input of all small businesses participating in the representative process of government. The Program emphasizes the effective provision of economic development throughout New York State. Program funds are available only to municipalities. Small business will benefit from the aid to municipalities provided for this economic development. The Corporation will work with local governments to identify problem areas and make grant applications available.
Rural Area Flexibility Analysis
A Rural Area Flexibility Analysis Statement is not submitted because the amended rule will not impose any adverse economic impact, reporting requirements, record keeping or other compliance requirements on public or private entities in rural areas.
Job Impact Statement
A JIS is not submitted because it is apparent from the nature and purpose of the rule that it will not have a substantial adverse impact on jobs and employment opportunities. In fact, the proposed amended rule should have a positive impact on job creation because it will facilitate administration of and access to the Empire State Economic Development Fund, which should improve the opportunities for the creation of jobs throughout the State by encouraging business expansion and attraction.
