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6-1222

SECTION 228.15—Impact and Responsiveness Review of Community Development Loans, Community Development Investments, and Community Development Services

(a) Impact and responsiveness review, in general. Under the Community Development Financing Test in section 228.24, the Community Development Services Test in section 228.25, and the Community Development Financing Test for Limited Purpose Banks in section 228.26, the Board evaluates the extent to which a bank’s community development loans, community development investments, and community development services are impactful and responsive in meeting community development needs in each facility-based assessment area and, as applicable, each state, multistate MSA, and the nationwide area. The Board evaluates the impact and responsiveness of a bank’s community development loans, community development investments, or community development services based on paragraph (b) of this section, and may take into account performance context information pursuant to section 228.21(d).
(b) Impact and responsiveness review factors. Factors considered in evaluating the impact and responsiveness of a bank’s community development loans, community development investments, and community development services include, but are not limited to, whether the community development loan, community development investment, or community development service:
(1) Benefits or serves one or more persistent poverty counties;
(2) Benefits or serves one or more census tracts with a poverty rate of 40 percent or higher;
(3) Benefits or serves one or more geographic areas with low levels of community development financing;
(4) Supports an MDI, WDI, LICU, or CDFI, excluding certificates of deposit with a term of less than one year;
(5) Benefits or serves low-income individuals, families, or households;
(6) Supports small businesses or small farms with gross annual revenues of $250,000 or less;
(7) Directly facilitates the acquisition, construction, development, preservation, or improvement of affordable housing in High Opportunity Areas;
(8) Benefits or serves residents of Native land areas;
(9) Is a grant or donation;
(10) Is an investment in projects financed with LIHTCs or NMTCs;
(11) Reflects bank leadership through multi-faceted or instrumental support; or
(12) Is a new community development financing product or service that addresses community development needs for low- or moderate-income individuals, families, or households.

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