Bill Text: NY A04999 | 2015-2016 | General Assembly | Introduced
Bill Title: Enacts the "North Star Initiative".
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-02-09 - held for consideration in economic development [A04999 Detail]
Download: New_York-2015-A04999-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4999 2015-2016 Regular Sessions I N A S S E M B L Y February 10, 2015 ___________ Introduced by M. of A. FINCH -- read once and referred to the Committee on Economic Development AN ACT to amend the economic development law, in relation to enacting the "North Star Initiative" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. This act shall be known and may be cited as the "North Star 2 Initiative". 3 S 2. The economic development law is amended by adding a new article 4 18-A to read as follows: 5 ARTICLE 18-A 6 THE NORTH STAR INITIATIVE 7 SECTION 405. FACILITIES CLOSURE PROCESS. 8 406. THE NORTH STAR INITIATIVE COMMISSION. 9 S 405. FACILITIES CLOSURE PROCESS. NOTWITHSTANDING ANY PROVISION OF 10 LAW TO THE CONTRARY, NO STATE-OWNED AND STATE-RUN FACILITY THAT IS SCHE- 11 DULED TO BE CLOSED SHALL CLOSE WITHIN TWO YEARS OF THE DATE OF THE 12 NOTIFICATION OF CLOSURE. UPON NOTIFICATION, THE PROPOSED CLOSURE SHALL 13 BE REFERRED TO THE NORTH STAR INITIATIVE COMMISSION ESTABLISHED BY 14 SECTION FOUR HUNDRED SIX OF THIS ARTICLE FOR STUDY OF THE EFFECTS OF THE 15 CLOSURE AND DEVELOPMENT OF A PLAN TO MITIGATE THE ECONOMIC IMPACT OF THE 16 CLOSURE ON THE AFFECTED LOCAL AREA. IN NO EVENT SHALL A FACILITY BE 17 CLOSED WITHIN TWO YEARS AFTER NOTIFICATION OF THE CLOSURE. 18 S 406. THE NORTH STAR INITIATIVE COMMISSION. 1. A STATE COMMISSION, TO 19 BE KNOWN AS THE NORTH STAR INITIATIVE COMMISSION, HEREINAFTER REFERRED 20 TO AS THE COMMISSION, IS HEREBY CREATED TO EXAMINE, EVALUATE AND DETER- 21 MINE THE APPROPRIATE HANDLING OF THE CLOSING OF STATE-OWNED AND RUN 22 FACILITIES AND TO DEVELOP A PLAN TO MITIGATE THE ECONOMIC IMPACT OF THE 23 CLOSURE ON THE AFFECTED LOCAL AREA AS PROVIDED IN SECTION FOUR HUNDRED 24 FIVE OF THIS ARTICLE. 25 2. THE COMMISSION SHALL CONSIST OF MEMBERS AS FOLLOWS: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08554-01-5 A. 4999 2 1 (A) THE CHAIR OF THE EMPIRE STATE DEVELOPMENT CORPORATION; 2 (B) THE CHIEF EXECUTIVE OFFICER OF EACH MUNICIPALITY AFFECTED BY 3 CLOSURES; 4 (C) THE DIRECTOR OF THE ECONOMIC DEVELOPMENT AGENCY OF EACH REGION 5 AFFECTED; AND 6 (D) REPRESENTATIVES FROM THE FINANCIAL, EDUCATION AND BUSINESS COMMU- 7 NITY. 8 3. PRIOR TO THE CLOSURE OF A STATE FACILITY, THE COMMISSION SHALL 9 DEVELOP A PLAN TO ADDRESS THE ECONOMIC AND QUALITY OF LIFE NEEDS OF THE 10 COMMUNITIES AFFECTED BY THE CLOSURE OF STATE FACILITIES, INCLUDING A 11 COMPONENT FOR REPLACING LOST REVENUE THAT SIGNIFICANTLY IMPACTS THE 12 AFFECTED COMMUNITY OR COMMUNITIES, AND A VIABLE REUSE OF THE BUILDING 13 HOUSING THE FACILITY TO BE CLOSED IN ORDER TO ENSURE THAT ANY ENTITY 14 CLOSINGS DESIGNED TO SAVE TAXPAYER MONEY WOULD ALLOW THE LOCALITY TO 15 REUSE THE FORMER SITE IN A WAY THAT PROVIDES INCOME FOR THE COMMUNITY 16 AND GIVE THE AFFECTED PERSONNEL TIME TO MAKE ARRANGEMENTS FOR A TRANSFER 17 TO ANOTHER FACILITY OR FIND ALTERNATIVE EMPLOYMENT IN THE AREA. THE 18 COMMISSION SHALL CREATE A VIABLE REUSE PLAN TAILORED TO AN AFFECTED 19 LOCAL COMMUNITY'S SPECIFIC NEEDS TO MAKE UP FOR THE DEVASTATING IMPACT 20 OF FACILITY CLOSURES ON LOCAL ECONOMIES. 21 4. THE MEMBERS OF THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR 22 THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES 23 INCURRED IN THE PERFORMANCE OF THEIR DUTIES HEREUNDER. TO THE MAXIMUM 24 EXTENT FEASIBLE, THE COMMISSION SHALL BE ENTITLED TO REQUEST AND RECEIVE 25 AND SHALL UTILIZE AND BE PROVIDED WITH SUCH FACILITIES, RESOURCES, AND 26 DATA OF ANY COURT, DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION, OR 27 AGENCY OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF AS IT DEEMS 28 NECESSARY OR DESIRABLE TO CARRY OUT PROPERLY ITS POWERS AND DUTIES HERE- 29 UNDER. 30 5. THE COMMISSION SHALL RECEIVE A BUDGET DESIGNATED IN THE DEPART- 31 MENT'S BUDGET WHICH SHALL BE USED FOR FUNDING OF THE COMMISSION EXPENSES 32 AND INITIATIVES. 33 6. THE COMMISSION MAY EMPLOY AND AT PLEASURE REMOVE SUCH PERSONNEL AS 34 IT MAY DEEM NECESSARY FOR THE PERFORMANCE OF ITS FUNCTIONS AND FIX THEIR 35 COMPENSATION WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR. 36 7. THE COMMISSION SHALL MEET WITHIN THE STATE, SHALL HOLD PUBLIC HEAR- 37 INGS, AND SHALL HAVE ALL THE POWERS OF A LEGISLATIVE COMMITTEE PURSUANT 38 TO THE LEGISLATIVE LAW. 39 8. THE COMMISSION SHALL SUBMIT ITS FINDINGS AND RECOMMENDATIONS FOR 40 THE GOVERNANCE OF THE CANAL CORPORATION IN A REPORT TO THE GOVERNOR, THE 41 TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY NO 42 LATER THAN ONE YEAR AFTER IT FIRST CONVENES. 43 S 3. Subdivision 47 of section 100 of the economic development law, as 44 renumbered by chapter 427 of the laws of 2008, is renumbered subdivision 45 48 and a new subdivision 47 is added to read as follows: 46 47. TO DEVELOP, IN CONJUNCTION WITH THE COMMISSIONER OF THE DEPARTMENT 47 OF TAXATION AND FINANCE, A PROPOSAL TO BE SUBMITTED TO THE GOVERNOR AND 48 THE LEGISLATURE, AND RECOMMENDATIONS FOR LEGISLATION REGARDING THE 49 IMPLEMENTATION OF VARIOUS TAX INCENTIVES AND TAX EXEMPTIONS FOR CAPITAL 50 GAINS FOR INVESTMENT IN VACANT FACILITIES CLOSED IN ACCORDANCE WITH THE 51 PROVISIONS OF ARTICLE EIGHTEEN-A OF THIS CHAPTER. 52 S 4. This act shall take effect on the one hundred twentieth day after 53 it shall have become a law; provided, however, that effective immediate- 54 ly, the addition, amendment and/or repeal of any rule or regulation 55 necessary for the implementation of this act on its effective date are 56 authorized and directed to be made and completed on or before such date.