Bill Text: NY S00174 | 2009-2010 | General Assembly | Introduced

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Bill Title: Authorizes creation of urban commercial redevelopment action areas by municipalities to promote expanded retail operations in urban commercial districts; sets forth criteria for such urban commercial redevelopment action area; subjects such designation to the approval by the department of economic development.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO LOCAL GOVERNMENT [S00174 Detail]

Download: New_York-2009-S00174-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          174
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Local Government
       AN ACT to amend the general municipal law, in relation to  the  creation
         of urban commercial redevelopment action areas
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Legislative  intent.  The  legislature  hereby  finds  and
    2  declares that the establishment of commercial redevelopment action areas
    3  can promote expanded retail operations in urban commercial districts and
    4  thereby facilitate downtown urban revitalization.
    5    S  2.  Section 692 of the general municipal law is amended by adding a
    6  new subdivision 8 to read as follows:
    7    8. "URBAN COMMERCIAL REDEVELOPMENT ACTION AREA".  AN  AREA  PREVIOUSLY
    8  DESIGNATED  AS  AN  URBAN DEVELOPMENT ACTION AREA WHICH IS DESIGNATED BY
    9  THE GOVERNING BODY OF A MUNICIPALITY AS AN URBAN  COMMERCIAL  REDEVELOP-
   10  MENT ACTION AREA.
   11    S  3.  The  opening  paragraph of section 693 of the general municipal
   12  law, as amended by chapter 701 of the laws of 2006, is designated subdi-
   13  vision 1 and a new subdivision 2 is added to read as follows:
   14    2. AN URBAN COMMERCIAL REDEVELOPMENT ACTION AREA SHALL  BE  DESIGNATED
   15  BY  RESOLUTION  OF  THE  GOVERNING  BODY  OF THE MUNICIPALITY MAKING THE
   16  DESIGNATION; PROVIDED, THAT SUCH URBAN COMMERCIAL  REDEVELOPMENT  ACTION
   17  AREA MUST:
   18    (A) CONTAIN AT LEAST FORTY PERCENT VACANT LAND AND/OR ABANDONED BUILD-
   19  INGS,
   20    (B)  BE LOCATED WITHIN OR ADJACENT TO A CENSUS TRACT HAVING A MINORITY
   21  POPULATION IN EXCESS OF TWENTY PERCENT,
   22    (C) CONSIST OF REAL PROPERTY AT LEAST THIRTY PERCENT  OF  WHICH  SHALL
   23  HAVE DECLINED IN VALUE FOR ASSESSMENT PURPOSES, AND
   24    (D) HAVE POTENTIAL FOR ATTRACTING NEW COMMERCIAL BUSINESSES.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02691-01-9
       S. 174                              2
    1    S  4.  The  opening  paragraph of section 693 of the general municipal
    2  law, as amended by chapter 437 of the laws of 2000, is designated subdi-
    3  vision 1 and a new subdivision 2 is added to read as follows:
    4    2.  AN  URBAN COMMERCIAL REDEVELOPMENT ACTION AREA SHALL BE DESIGNATED
    5  BY RESOLUTION OF THE GOVERNING  BODY  OF  THE  MUNICIPALITY  MAKING  THE
    6  DESIGNATION;  PROVIDED,  THAT SUCH URBAN COMMERCIAL REDEVELOPMENT ACTION
    7  AREA MUST:
    8    (A) CONTAIN AT LEAST FORTY PERCENT VACANT LAND AND/OR ABANDONED BUILD-
    9  INGS,
   10    (B) BE LOCATED WITHIN OR ADJACENT TO A CENSUS TRACT HAVING A  MINORITY
   11  POPULATION IN EXCESS OF TWENTY PERCENT,
   12    (C)  CONSIST  OF  REAL PROPERTY AT LEAST THIRTY PERCENT OF WHICH SHALL
   13  HAVE DECLINED IN VALUE FOR ASSESSMENT PURPOSES, AND
   14    (D) HAVE POTENTIAL FOR ATTRACTING NEW COMMERCIAL BUSINESSES.
   15    S 5. The general municipal law is amended  by  adding  a  new  section
   16  694-a to read as follows:
   17    S  694-A.  URBAN  COMMERCIAL REDEVELOPMENT ACTION AREA APPROVAL BY THE
   18  DEPARTMENT OF ECONOMIC DEVELOPMENT. THE DESIGNATION OF AN URBAN  COMMER-
   19  CIAL REDEVELOPMENT ACTION AREA BY A MUNICIPALITY SHALL BE SUBJECT TO THE
   20  APPROVAL BY THE STATE DEPARTMENT OF ECONOMIC DEVELOPMENT. THE DEPARTMENT
   21  MUST  CERTIFY  THAT SUCH AREA COMPLIES WITH THE REQUIREMENTS OF SUBDIVI-
   22  SION TWO OF SECTION SIX HUNDRED NINETY-THREE OF THIS ARTICLE.
   23    S 6. The general municipal law is amended  by  adding  a  new  section
   24  696-e to read as follows:
   25    S 696-E. TAX INCENTIVES FOR RETAIL ESTABLISHMENTS WITHIN URBAN COMMER-
   26  CIAL REDEVELOPMENT ACTION AREAS. 1. UPON CERTIFICATION BY THE DEPARTMENT
   27  OF  ECONOMIC DEVELOPMENT, IN CONSULTATION WITH THE COMMISSIONER OF TAXA-
   28  TION AND FINANCE, THAT THE ANTICIPATED LOSS OF SALES AND USE TAX  REVEN-
   29  UES  TO THE STATE WITHIN ALL SUCH AREAS DOES NOT EXCEED IN THE AGGREGATE
   30  TEN MILLION DOLLARS IN ANY FISCAL YEAR AN URBAN COMMERCIAL REDEVELOPMENT
   31  ACTION AREA MAY BE GRANTED AN EXEMPTION FROM THE IMPOSITION OF SALES AND
   32  USE TAXES WITHIN SUCH AREA AS FOLLOWS:
   33    (A) A PERIOD OF FIVE YEARS FOR SALES  BY  NEW  RETAIL  AND  COMMERCIAL
   34  ESTABLISHMENTS,
   35    (B)  A  PERIOD OF FOUR YEARS FOR SALES BY RETAIL AND COMMERCIAL ESTAB-
   36  LISHMENTS MAKING SUBSTANTIAL  CAPITAL  IMPROVEMENTS  TO  EXISTING  OPER-
   37  ATIONS, AND
   38    (C)  A PERIOD OF THREE YEARS FOR SALES BY ALL OTHER RETAIL AND COMMER-
   39  CIAL ESTABLISHMENTS LOCATED WITHIN THE DESIGNATED AREA.
   40    2. IN THE EVENT THAT THE COUNTY IN WHICH AN URBAN COMMERCIAL  REDEVEL-
   41  OPMENT  ACTION AREA IS LOCATED IMPOSES A SALES AND USE TAX, SUCH COUNTY,
   42  BY RESOLUTION, MUST APPROVE THE CREATION  OF  SUCH  AREA  PRIOR  TO  THE
   43  GRANTING  OF  ANY  TAX  EXEMPTION  PURSUANT  TO  THE  PROVISIONS OF THIS
   44  SECTION.
   45    S 7. This act shall take effect immediately; provided that the  amend-
   46  ments  to section 693 of the general municipal law made by section three
   47  of this act shall be subject to the expiration  and  reversion  of  such
   48  section  pursuant  to  section  2 of chapter 701 of the laws of 2006, as
   49  amended, when upon such date the provisions of section four of this  act
   50  shall take effect.