Bill Text: NY A04138 | 2009-2010 | General Assembly | Introduced


Bill Title: An act to amend the New York state urban development corporation act, in relation to creating a waterfront revitalization demonstration program

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2010-04-20 - held for consideration in economic development [A04138 Detail]

Download: New_York-2009-A04138-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4138
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 30, 2009
                                      ___________
       Introduced by M. of A. AMEDORE, TOBACCO -- read once and referred to the
         Committee on Economic Development, Job Creation, Commerce and Industry
       AN ACT to amend the New York state urban development corporation act, in
         relation to creating a waterfront revitalization demonstration program
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Statement of legislative intent. Many of New  York  state's
    2  oldest  cities, towns and villages owe their very existence to an advan-
    3  tageous location on the state's vast network  of  natural  and  man-made
    4  waterways and waterfronts. From the earliest years of settlement through
    5  the  early years of the twentieth century, these municipalities depended
    6  on their waterfronts as the focal points for commerce, industry,  recre-
    7  ation  and, in many instances, transportation. New York state emerged as
    8  the empire state in the nineteenth  century  when  its  waterfront-based
    9  manufacturing  industry  enabled it to become the dominant manufacturing
   10  center of the world. In recent times, however, a variety of factors have
   11  contributed to the decline and deterioration of the state's  once  vital
   12  waterfronts,  including  the  erosion of the state's manufacturing base,
   13  the abandonment of aging structures, and the  construction  of  highways
   14  and  rail  lines which often cut off cities, towns and villages from the
   15  waterfronts which once were the center of municipal attention.
   16    The potential of such waterfronts to contribute to the  revitalization
   17  of  these older communities and to improve the quality of life for their
   18  residents remains despite these years of  neglect.  The  improvement  of
   19  these  waterfronts  can result in the revitalization of adjacent central
   20  business districts, the attraction of new  commerce  and  industry,  the
   21  enhancement of tourist opportunities, new recreational opportunities and
   22  the  reclamation of our historic heritage. Conversely, continued deteri-
   23  oration can lead to the spreading of economic blight.
   24    Therefore, the legislature declares that  the  revitalization  of  the
   25  state's  historic waterfronts will contribute to the economic and social
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04793-01-9
       A. 4138                             2
    1  vitality of waterfront communities and that  state  assistance  in  this
    2  regard is necessary and proper for achieving this public purpose.
    3    S  2. Subdivision 1 of section 16-e of section 1 of chapter 174 of the
    4  laws of 1968, constituting the New York state urban  development  corpo-
    5  ration act, is amended by adding a new paragraph (i) to read as follows:
    6    (I)  "WATERFRONT  REVITALIZATION DEMONSTRATION PROJECT" SHALL MEAN ANY
    7  PROJECT INTENDED TO IMPROVE OR REVITALIZE A WATERFRONT AREA  LOCATED  ON
    8  THE  HUDSON  RIVER  NORTH OF THE BOUNDARY OF THE CITY OF NEW YORK AND ON
    9  THE MOHAWK RIVER.
   10    S 3. Subdivisions 2 and 3 of section 16-e of section 1 of chapter  174
   11  of  the  laws of 1968, constituting the New York state urban development
   12  corporation act, as added by chapter  169  of  the  laws  of  1994,  are
   13  amended to read as follows:
   14    (2)  Loans  and  grants. The corporation may make loans and grants for
   15  regional strategic planning,  business  development  projects,  business
   16  infrastructure  and  infrastructure investment projects, skills training
   17  assistance projects, economic development  assistance  projects,  WATER-
   18  FRONT  REVITALIZATION  DEMONSTRATION PROJECTS, and child care assistance
   19  projects, that create or  retain  permanent  private-sector  jobs.  Such
   20  projects and programs except as specifically provided herein:
   21    (a)  Must  be  consistent  with a regional strategic plan for economic
   22  development, as coordinated by  the  chairman  of  the  corporation  and
   23  approved  by  the  director  of  the  budget, with copies filed with the
   24  speaker of the assembly and the temporary president of the senate;
   25    (b) Must create or retain substantial permanent private-sector jobs in
   26  the case of  business  development  loans  and  business  infrastructure
   27  projects,  or  in the case of a child care assistance project the corpo-
   28  ration determines that the child day care center will improve  or  main-
   29  tain  the productivity of the sponsoring company or companies, OR IN THE
   30  CASE OF A WATERFRONT REVITALIZATION DEMONSTRATION  PROJECT,  THE  CORPO-
   31  RATION DETERMINES THAT SUCH PROJECT WILL IMPROVE OR MAINTAIN THE ECONOM-
   32  IC  VITALITY  OR  STABILITY OF AN AREA OR CONTRIBUTE TO THE POTENTIAL OF
   33  THE AREA FOR TOURIST ATTRACTION AND RECREATIONAL USE;
   34    (c) Must be reasonably likely to be completed within the time and cost
   35  estimates presented in the proposal; and
   36    (d) Must be unable to obtain sufficient funding  on  reasonable  terms
   37  from  other  public  or private sources to permit the project to proceed
   38  without the requested assistance[; and].
   39    (3) Ineligible projects.  Ineligible  projects  shall  include  retail
   40  businesses,  overnight lodging facilities, EXCEPT FOR RETAIL BUSINESS OR
   41  OVERNIGHT LODGING FACILITIES WHICH ARE PART OF A WATERFRONT  REVITALIZA-
   42  TION PROJECT, debt refinancing, or the relocation of a business from one
   43  municipality  within the state to another municipality, provided, howev-
   44  er, that such a project shall not be deemed ineligible  if  all  munici-
   45  palities  from  which  such  business  will be relocated are notified in
   46  writing of the corporation's approval of  such  funding  and  the  chief
   47  executive  officers  of  the  municipalities do not object to the corpo-
   48  ration in writing within a period of  twenty  days  of  receipt  of  the
   49  notification.
   50    S  4.  Section  16-e  of section 1 of chapter 174 of the laws of 1968,
   51  constituting the New York state urban development  corporation  act,  is
   52  amended by adding a new subdivision 12-a to read as follows:
   53    (12-A)  WATERFRONT  REVITALIZATION  DEMONSTRATION  PROJECTS.  (A)  THE
   54  CORPORATION MAY MAKE GRANTS  AND  LOANS  TO  MUNICIPALITIES,  INDUSTRIAL
   55  DEVELOPMENT  AGENCIES  AND  LOCAL, COUNTY OR REGIONAL DEVELOPMENT CORPO-
   56  RATIONS DESIGNATED BY A LOCAL GOVERNMENT FOR SPECIFIC  WATERFRONT  REVI-
       A. 4138                             3
    1  TALIZATION PROJECTS LOCATED ON THE HUDSON RIVER NORTH OF THE BOUNDARY OF
    2  THE CITY OF NEW YORK AND ON THE MOHAWK RIVER.
    3    (B) PRIORITY CONSIDERATION AND PREFERENCE SHALL BE GIVEN TO WATERFRONT
    4  REVITALIZATION  PROJECTS LOCATED IN AREAS ENCOMPASSED BY, OR FORMING THE
    5  BORDER OF, EMPIRE ZONES ESTABLISHED PURSUANT  TO  ARTICLE  18-B  OF  THE
    6  GENERAL MUNICIPAL LAW.
    7    (C) ASSISTANCE FOR WATERFRONT REVITALIZATION PROJECTS SHALL NOT EXCEED
    8  FORTY-NINE  PERCENT  OF  THE  TOTAL  PROJECT COST OR SEVEN HUNDRED FIFTY
    9  THOUSAND DOLLARS, WHICHEVER IS LESS. LOANS FOR SUCH PROJECTS SHALL BE AT
   10  INTEREST RATES DETERMINED BY THE CORPORATION THAT ARE NECESSARY TO  MAKE
   11  THE PROJECT FEASIBLE.
   12    (D)  NO MORE THAN FIFTY PERCENT OF THE FUNDS AVAILABLE FROM THE CORPO-
   13  RATION FOR ANY WATERFRONT  REVITALIZATION  PROJECT  NOT  LOCATED  IN  AN
   14  EMPIRE  ZONE, AND NO MORE THAN SIXTY PERCENT OF THE FUNDS AVAILABLE FROM
   15  THE CORPORATION FOR ANY WATERFRONT REVITALIZATION PROJECT LOCATED IN  AN
   16  EMPIRE ZONE SHALL BE DISBURSED AS A GRANT.
   17    S 5. This act shall take effect immediately.
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