§ 25.24 - Community development financing test.

§ 25.24 Community development financing test.

(a) Community Development Financing Test —

(1) In general. Pursuant to § 25.21, the Community Development Financing Test evaluates the bank's or savings association's record of helping to meet the credit needs of its entire community through community development loans and community development investments (i.e., the bank's or savings association's community development financing performance).

(2) Allocation. The appropriate Federal banking agency considers community development loans and community development investments allocated pursuant to paragraph I.b of appendix B to this part.

(b) Facility-based assessment area evaluation. The appropriate Federal banking agency evaluates a bank's or savings association's community development financing performance in a facility-based assessment area using the metric in paragraph (b)(1) of this section, benchmarks in paragraph (b)(2) of this section, and a review of the impact and responsiveness of the bank's or savings association's community development loans and community development investments in paragraph (b)(3) of this section, and assigns a conclusion for a facility-based assessment area pursuant to paragraph d.1 of appendix C to this part.

(1) Bank Assessment Area Community Development Financing Metric. The Bank Assessment Area Community Development Financing Metric measures the dollar volume of a bank's or savings association's community development loans and community development investments that benefit or serve a facility-based assessment area compared to deposits in the bank or savings association that are located in the facility-based assessment area, calculated pursuant to paragraph II.a of appendix B to this part.

(2) Benchmarks. The appropriate Federal banking agency compares the Bank Assessment Area Community Development Financing Metric to the following benchmarks:

(i) Assessment Area Community Development Financing Benchmark. For each of a bank's or savings association's facility-based assessment areas, the Assessment Area Community Development Financing Benchmark measures the dollar volume of community development loans and community development investments that benefit or serve the facility-based assessment area for all large depository institutions compared to deposits located in the facility-based assessment area for all large depository institutions, calculated pursuant to paragraph II.b of appendix B to this part.

(ii) MSA and Nonmetropolitan Nationwide Community Development Financing Benchmarks.

(A) For each of a bank's or savings association's facility-based assessment areas within an MSA, the MSA Nationwide Community Development Financing Benchmark measures the dollar volume of community development loans and community development investments that benefit or serve MSAs in the nationwide area for all large depository institutions compared to deposits located in the MSAs in the nationwide area for all large depository institutions.

(B) For each of a bank's or savings association's facility-based assessment areas within a nonmetropolitan area, the Nonmetropolitan Nationwide Community Development Financing Benchmark measures the dollar volume of community development loans and community development investments that benefit or serve nonmetropolitan areas in the nationwide area for all large depository institutions compared to deposits located in nonmetropolitan areas in the nationwide area for all large depository institutions.

(C) The appropriate Federal banking agency calculates the MSA and Nonmetropolitan Nationwide Community Development Financing Benchmarks pursuant to paragraph II.c of appendix B to this part.

(3) Impact and responsiveness review. The appropriate Federal banking agency reviews the impact and responsiveness of a bank's or savings association's community development loans and community development investments that benefit or serve a facility-based assessment area, as provided in § 25.15.

(c) State evaluation. The appropriate Federal banking agency evaluates a bank's or savings association's community development financing performance in a State, pursuant to §§ 25.19 and 25.28(c), using the two components in paragraphs (c)(1) and (2) of this section and assigns a conclusion for each State based on a weighted combination of those components pursuant to paragraph II.p of appendix B to this part.

(1) Component one—weighted average of facility-based assessment area performance conclusions in a State. The appropriate Federal banking agency considers the weighted average of the performance scores corresponding to the bank's or savings association's Community Development Financing Test conclusions for its facility-based assessment areas within the State, pursuant to section IV of appendix B to this part.

(2) Component two—State performance. The appropriate Federal banking agency considers a bank's or savings association's community development financing performance in a State using the metric and benchmarks in paragraphs (c)(2)(i) and (ii) of this section and a review of the impact and responsiveness of the bank's or savings association's community development loans and community development investments in paragraph (c)(2)(iii) of this section.

(i) Bank State Community Development Financing Metric. The Bank State Community Development Financing Metric measures the dollar volume of a bank's or savings association's community development loans and community development investments that benefit or serve all or part of a State compared to deposits in the bank or savings association that are located in the State, calculated pursuant to paragraph II.d of appendix B to this part.

(ii) Benchmarks. The appropriate Federal banking agency compares the Bank State Community Development Financing Metric to the following benchmarks:

(A) State Community Development Financing Benchmark. The State Community Development Financing Benchmark measures the dollar volume of community development loans and community development investments that benefit or serve all or part of a State for all large depository institutions compared to deposits located in the State for all large depository institutions, calculated pursuant to paragraph II.e of appendix B to this part.

(B) State Weighted Assessment Area Community Development Financing Benchmark. The State Weighted Assessment Area Community Development Financing Benchmark is the weighted average of the bank's or savings association's Assessment Area Community Development Financing Benchmarks for each facility-based assessment area within the State, calculated pursuant to paragraph II.f of appendix B to this part.

(iii) Impact and responsiveness review. The appropriate Federal banking agency reviews the impact and responsiveness of the bank's or savings association's community development loans and community development investments that benefit or serve a State, as provided in § 25.15.

(d) Multistate MSA evaluation. The appropriate Federal banking agency evaluates a bank's or savings association's community development financing performance in a multistate MSA, pursuant to §§ 25.19 and 25.28(c), using the two components in paragraphs (d)(1) and (2) of this section and assigns a conclusion in each multistate MSA based on a weighted combination of those components pursuant to paragraph II.p of appendix B to this part.

(1) Component one—weighted average of facility-based assessment area performance in a multistate MSA. The appropriate Federal banking agency considers the weighted average of the performance scores corresponding to the bank's or savings association's Community Development Financing Test conclusions for its facility-based assessment areas within the multistate MSA, calculated pursuant to section IV of appendix B to this part.

(2) Component two—multistate MSA performance. The appropriate Federal banking agency considers a bank's or savings association's community development financing performance in a multistate MSA using the metric and benchmarks in paragraphs (d)(2)(i) and (ii) of this section and a review of the impact and responsiveness of the bank's or savings association's community development loans and community development investments in paragraph (d)(2)(iii) of this section.

(i) Bank Multistate MSA Community Development Financing Metric. The Bank Multistate MSA Community Development Financing Metric measures the dollar volume of a bank's or savings association's community development loans and community development investments that benefit or serve a multistate MSA compared to deposits in the bank or savings association located in the multistate MSA, calculated pursuant to paragraph II.g of appendix B to this part.

(ii) Benchmarks. The appropriate Federal banking agency compares the Bank Multistate MSA Community Development Financing Metric to the following benchmarks:

(A) Multistate MSA Community Development Financing Benchmark. The Multistate MSA Community Development Financing Benchmark measures the dollar volume of community development loans and community development investments that benefit or serve a multistate MSA for all large depository institutions compared to deposits located in the multistate MSA for all large depository institutions, calculated pursuant to paragraph II.h of appendix B to this part.

(B) Multistate MSA Weighted Assessment Area Community Development Financing Benchmark. The Multistate MSA Weighted Assessment Area Community Development Financing Benchmark is the weighted average of the bank's or savings association's Assessment Area Community Development Financing Benchmarks for each facility-based assessment area within the multistate MSA, calculated pursuant to paragraph II.i of appendix B to this part.

(iii) Impact and responsiveness review. The appropriate Federal banking agency reviews the impact and responsiveness of the bank's or savings association's community development loans and community development investments that benefit or serve a multistate MSA, as provided in § 25.15.

(e) Nationwide area evaluation. The appropriate Federal banking agency evaluates a bank's or savings association's community development financing performance in the nationwide area, pursuant to § 25.19, using the two components in paragraphs (e)(1) and (2) of this section and assigns a conclusion for the institution based on a weighted combination of those components pursuant to paragraph II.p of appendix B to this part.

(1) Component one—weighted average of facility-based assessment area performance in the nationwide area. The appropriate Federal banking agency considers the weighted average of the performance scores corresponding to the bank's or savings association's conclusions for the Community Development Financing Test for its facility-based assessment areas within the nationwide area, calculated pursuant to section IV of appendix B to this part.

(2) Component two—nationwide area performance. The appropriate Federal banking agency considers a bank's or savings association's community development financing performance in the nationwide area using the metrics and benchmarks in paragraphs (e)(2)(i) through (iv) of this section and a review of the impact and responsiveness of the bank's or savings association's community development loans and community development investments in paragraph (e)(2)(v) of this section.

(i) Bank Nationwide Community Development Financing Metric. The Bank Nationwide Community Development Financing Metric measures the dollar volume of the bank's or savings association's community development loans and community development investments that benefit or serve all or part of the nationwide area compared to deposits in the bank or savings association located in the nationwide area, calculated pursuant to paragraph II.j of appendix B to this part.

(ii) Community Development Financing Benchmarks. The appropriate Federal banking agency compares the Bank Nationwide Community Development Financing Metric to the following benchmarks:

(A) Nationwide Community Development Financing Benchmark. The Nationwide Community Development Financing Benchmark measures the dollar volume of community development loans and community development investments that benefit or serve all or part of the nationwide area for all large depository institutions compared to the deposits located in the nationwide area for all large depository institutions, calculated pursuant to paragraph II.k of appendix B to this part.

(B) Nationwide Weighted Assessment Area Community Development Financing Benchmark. The Nationwide Weighted Assessment Area Community Development Financing Benchmark is the weighted average of the bank's or savings association's Assessment Area Community Development Financing Benchmarks for each facility-based assessment area within the nationwide area, calculated pursuant to paragraph II.l of appendix B to this part.

(iii) Bank Nationwide Community Development Investment Metric. For a large bank or savings association that had assets greater than $10 billion as of December 31 in both of the prior two calendar years, the Bank Nationwide Community Development Investment Metric measures the dollar volume of the bank's or savings association's community development investments that benefit or serve all or part of the nationwide area, excluding mortgage-backed securities, compared to the deposits in the bank or savings association located in the nationwide area, calculated pursuant to paragraph II.m of appendix B to this part.

(iv) Nationwide Community Development Investment Benchmark.

(A) For a large bank or savings association that had assets greater than $10 billion as of December 31 in both of the prior two calendar years, the appropriate Federal banking agency compares the Bank Nationwide Community Development Investment Metric to the Nationwide Community Development Investment Benchmark. This comparison may only contribute positively to the bank's or savings association's Community Development Financing Test conclusion for the institution.

(B) The Nationwide Community Development Investment Benchmark measures the dollar volume of community development investments that benefit or serve all or part of the nationwide area, excluding mortgage-backed securities, of all large depository institutions that had assets greater than $10 billion as of December 31 in both of the prior two calendar years compared to deposits located in the nationwide area for those depository institutions, calculated pursuant to paragraph II.n of appendix B to this part.

(v) Impact and responsiveness review. The appropriate Federal banking agency reviews the impact and responsiveness of the bank's or savings association's community development loans and community development investments that benefit or serve the nationwide area, as provided in § 25.15.

(f) Community Development Financing Test performance conclusions and ratings —

(1) Conclusions. Pursuant to § 25.28 and appendix C to this part, the appropriate Federal banking agency assigns conclusions for a bank's or savings association's Community Development Financing Test performance in each facility-based assessment area, each State or multistate MSA, as applicable, and for the institution. In assigning conclusions under this performance test, the appropriate Federal banking agency may consider performance context information as provided in § 25.21(d).

(2) Ratings. Pursuant to § 25.28 and appendix D to this part, the appropriate Federal banking agency incorporates a bank's or savings association's Community Development Financing Test conclusions into its State or multistate MSA ratings, as applicable, and its institution rating.

[89 FR 7165, Feb. 1, 2024, as amended at 89 FR 7167, Feb. 1, 2024]