12 CFR §25.15

1. (a)Impact and responsiveness review, in general. Under the Community Development Financing Test in § 25.24, the Community Development Services Test in § 25.25, and the Community Development Financing Test for Limited Purpose Banks and Savings Associations in § 25.26, the appropriate Federal banking agency evaluates the extent to which a bank's or savings association'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 appropriate Federal banking agency evaluates the impact and responsiveness of a bank's or savings association'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 § 25.21(d).
2. (b)Impact and responsiveness review factors. Factors considered in evaluating the impact and responsiveness of a bank's or savings association'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. (1)Benefits or serves one or more persistent poverty counties;
   2. (2)Benefits or serves one or more census tracts with a poverty rate of 40 percent or higher;
   3. (3)Benefits or serves one or more geographic areas with low levels of community development financing;
   4. (4)Supports an MDI, WDI, LICU, or CDFI, excluding certificates of deposit with a term of less than one year;
   5. (5)Benefits or serves low-income individuals, families, or households;
   6. (6)Supports small businesses or small farms with gross annual revenues of $250,000 or less;
   7. (7)Directly facilitates the acquisition, construction, development, preservation, or improvement of affordable housing in High Opportunity Areas;
   8. (8)Benefits or serves residents of Native Land Areas;
   9. (9)Is a grant or donation;
   10. (10)Is an investment in projects financed with LIHTCs or NMTCs;
   11. (11)Reflects bank or savings association leadership through multi-faceted or instrumental support; or
   12. (12)Is a new community development financing product or service that addresses community development needs for low- or moderate-income individuals, families, or households.