Bill Text: NY S04766 | 2019-2020 | General Assembly | Introduced
Bill Title: Expands the law to include the preservation of regionally significant projects with respect to agencies drawing on funds for new building projects.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-01-08 - REFERRED TO LOCAL GOVERNMENT [S04766 Detail]
Download: New_York-2019-S04766-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4766 2019-2020 Regular Sessions IN SENATE March 25, 2019 ___________ Introduced by Sen. KAMINSKY -- 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 preserva- tion of regionally significant projects The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 862 of the general municipal law, as amended by 2 section 1 of part J of chapter 59 of the laws of 2013, is amended to 3 read as follows: 4 § 862. Restrictions on funds of the agency. (1) No funds of the agency 5 shall be used in respect of any project if the completion thereof would 6 result in the removal of an industrial or manufacturing plant of the 7 project occupant from one area of the state to another area of the state 8 or in the abandonment of one or more plants or facilities of the project 9 occupant located within the state, provided, however, that neither 10 restriction shall apply if the agency shall determine on the basis of 11 the application before it that the project is reasonably necessary to 12 discourage the project occupant from removing such other plant or facil- 13 ity to a location outside the state or is reasonably necessary to 14 preserve the competitive position of the project occupant in its respec- 15 tive industry. 16 (2) [(a) Except as provided in paragraph (b) of this subdivision, no] 17 No financial assistance of the agency shall be provided in respect of 18 any project where facilities or property that are primarily used in 19 making retail sales to customers who personally visit such facilities 20 constitute more than one-third of the total project cost. For the 21 purposes of this article, "retail sales" shall mean: (i) sales by a 22 registered vendor under article twenty-eight of the tax law primarily 23 engaged in the retail sale of tangible personal property, as defined in 24 subparagraph (i) of paragraph four of subdivision (b) of section eleven 25 hundred one of the tax law; or (ii) sales of a service to such custom- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10776-01-9S. 4766 2 1 ers. Except, however, that [tourism destination] regionally significant 2 projects shall not be prohibited by this subdivision. For the purpose of 3 this paragraph, ["tourism destination"] "regionally significant project" 4 shall mean a location or facility [which is likely to attract a signif-5icant number of visitors from outside the economic development region as6established by section two hundred thirty of the economic development7law, in which the project is located] where: (i) the agency board has 8 determined with the benefit of an independent third-party analysis of 9 costs versus benefits that shows more benefits to the community than 10 costs, that the project is likely to attract a significant number of 11 visitors from outside the economic development region as established by 12 section two hundred thirty of the economic development law, in which the 13 project is located and that undertaking the project will serve the 14 public purposes of this article by preserving permanent, private sector 15 jobs or increasing the overall number of permanent, private sector jobs 16 in the state; and (ii) where the agency board makes such a finding, 17 prior to providing financial assistance to the project by the agency, 18 the chief executive officer of the city, town or village where the 19 project is located shall confirm the proposed action of the agency. 20 [(b) Notwithstanding the provisions of paragraph (a) of this subdivi-21sion, financial assistance may, however, be provided to a project where22facilities or property that are primarily used in making retail sales of23goods or services to customers who personally visit such facilities to24obtain such goods or services constitute more than one-third of the25total project cost, where: (i) the predominant purpose of the project26would be to make available goods or services which would not, but for27the project, be reasonably accessible to the residents of the city,28town, or village within which the proposed project would be located29because of a lack of reasonably accessible retail trade facilities30offering such goods or services; or (ii) the project is located in a31highly distressed area.32(c) With respect to projects authorized pursuant to paragraph (b) of33this subdivision, no project shall be approved unless the agency shall34find after the public hearing required by section eight hundred fifty-35nine-a of this title that undertaking the project will serve the public36purposes of this article by preserving permanent, private sector jobs or37increasing the overall number of permanent, private sector jobs in the38state. Where the agency makes such a finding, prior to providing finan-39cial assistance to the project by the agency, the chief executive offi-40cer of the municipality for whose benefit the agency was created shall41confirm the proposed action of the agency.] 42 § 2. This act shall take effect immediately.
