Bill Text: NY A06858 | 2023-2024 | General Assembly | Amended
Bill Title: Provides that a policy of this state should be to increase housing options and opportunities, including but not limited to affordable, and workforce and senior housing.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2024-02-27 - amend by restoring to original print 6858 [A06858 Detail]
Download: New_York-2023-A06858-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6858--A 2023-2024 Regular Sessions IN ASSEMBLY May 8, 2023 ___________ Introduced by M. of A. THIELE -- read once and referred to the Committee on Housing -- reference changed to the Committee on Local Governments -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general municipal law and the public authorities law, in relation to making housing a policy of the state of New York The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 852 of the general municipal law, as amended by 2 chapter 630 of the laws of 1977, the first undesignated paragraph as 3 amended by chapter 747 of the laws of 2005, the second undesignated 4 paragraph as amended by chapter 478 of the laws of 2011 and the third 5 undesignated paragraph as amended by section 4 of part X of chapter 59 6 of the laws of 2021, is amended to read as follows: 7 § 852. Policy and purposes of article. It is hereby declared to be the 8 policy of this state to promote the economic welfare, recreation oppor- 9 tunities and prosperity of its inhabitants and to actively promote, 10 attract, encourage and develop recreation, economically sound commerce 11 and industry and economically sound projects identified and called for 12 to implement a state heritage area management plan as provided in title 13 G of the parks, recreation and historic preservation law through govern- 14 mental action for the purpose of preventing unemployment and economic 15 deterioration by the creation of industrial development agencies which 16 are hereby declared to be governmental agencies and instrumentalities 17 and to grant to such industrial development agencies the rights and 18 powers provided in this article. 19 It is hereby further declared to be the policy of this state to 20 protect and promote the health of the inhabitants of this state by the 21 conservation, protection and improvement of the natural and cultural or 22 historic resources and environment and to control land, sewer, water, 23 air, noise or general environmental pollution derived from the operation EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10666-07-3A. 6858--A 2 1 of industrial, manufacturing, warehousing, commercial, recreation, horse 2 racing facilities, railroad facilities, automobile racing facilities and 3 research facilities and to grant such industrial development agencies 4 the rights and powers provided by this article with respect to indus- 5 trial pollution control facilities. 6 It is hereby further declared to be the policy of this state to 7 protect and promote the health of the inhabitants of this state and to 8 increase trade through promoting the development of facilities to 9 provide recreation for the citizens of the state and to attract tourists 10 from other states, to increasing affordable housing stock in support of 11 regional housing goals as may be established and amended from time to 12 time and to promote the development of renewable energy projects to 13 support the state's renewable energy goals as may be established or 14 amended from time to time. 15 The use of all such rights and powers is a public purpose essential to 16 the public interest, and for which public funds may be expended. 17 § 2. Subdivision 4 of section 854 of the general municipal law, as 18 amended by section 5 of part X of chapter 59 of the laws of 2021, is 19 amended and a new subdivision 22 is added to read as follows: 20 (4) "Project" - shall mean any land, any building or other improve- 21 ment, and all real and personal properties located within the state of 22 New York and within or outside or partially within and partially outside 23 the municipality for whose benefit the agency was created, including, 24 but not limited to, machinery, equipment and other facilities deemed 25 necessary or desirable in connection therewith, or incidental thereto, 26 whether or not now in existence or under construction, which shall be 27 suitable for manufacturing, warehousing, research, commercial, renewable 28 energy, affordable housing or industrial purposes or other economically 29 sound purposes identified and called for to implement a state designated 30 urban cultural park management plan as provided in title G of the parks, 31 recreation and historic preservation law and which may include or mean 32 an industrial pollution control facility, a recreation facility, educa- 33 tional or cultural facility, a horse racing facility, a railroad facili- 34 ty, a renewable energy project, an affordable housing facility, or an 35 automobile racing facility, provided, however, no agency shall use its 36 funds or provide financial assistance in respect of any project wholly 37 or partially outside the municipality for whose benefit the agency was 38 created without the prior consent thereto by the governing body or 39 bodies of all the other municipalities in which a part or parts of the 40 project is, or is to be, located, and such portion of the project 41 located outside such municipality for whose benefit the agency was 42 created shall be contiguous with the portion of the project inside such 43 municipality. 44 (22) "affordable housing" - shall mean housing where the occupant is 45 paying no more than thirty percent of gross income for housing costs, 46 including utilities. 47 § 3. The opening paragraph of section 858 of the general municipal 48 law, as amended by section 6 of part X of chapter 59 of the laws of 49 2021, is amended to read as follows: 50 The purposes of the agency shall be to promote, develop, encourage and 51 assist in the acquiring, constructing, reconstructing, improving, main- 52 taining, equipping and furnishing industrial, manufacturing, warehous- 53 ing, commercial, research, renewable energy, affordable housing, and 54 recreation facilities including industrial pollution control facilities, 55 educational or cultural facilities, railroad facilities, horse racing 56 facilities, automobile racing facilities, renewable energy projects,A. 6858--A 3 1 affordable housing facilities and continuing care retirement communi- 2 ties, provided, however, that, of agencies governed by this article, 3 only agencies created for the benefit of a county and the agency created 4 for the benefit of the city of New York shall be authorized to provide 5 financial assistance in any respect to a continuing care retirement 6 community, and thereby advance the job opportunities, health, general 7 prosperity and economic welfare of the people of the state of New York 8 and to improve their recreation opportunities, prosperity and standard 9 of living; and to carry out the aforesaid purposes, each agency shall 10 have the following powers: 11 § 4. Paragraph (b) of subdivision 5 of section 859-a of the general 12 municipal law, as amended by section 7 of part X of chapter 59 of the 13 laws of 2021, is amended to read as follows: 14 (b) a written cost-benefit analysis by the agency that identifies the 15 extent to which a project will create or retain permanent, private 16 sector jobs; the estimated value of any tax exemptions to be provided; 17 the amount of private sector investment generated or likely to be gener- 18 ated by the proposed project; the contribution of the project to the 19 state's renewable energy goals and emission reduction targets as set 20 forth in the state energy plan adopted pursuant to section 6-104 of the 21 energy law; the contribution of the project to regional housing goals of 22 increasing housing options including but not limited to affordable, 23 workforce, and senior housing; the likelihood of accomplishing the 24 proposed project in a timely fashion; and the extent to which the 25 proposed project will provide additional sources of revenue for munici- 26 palities and school districts; and any other public benefits that might 27 occur as a result of the project; 28 § 5. Paragraph (a) of subdivision 4 of section 874 of the general 29 municipal law, as amended by chapter 386 of the laws of 2019, is amended 30 to read as follows: 31 (a) The agency shall establish a uniform tax exemption policy, with 32 input from affected tax jurisdictions, which shall be applicable to the 33 provision of financial assistance pursuant to section eight hundred 34 fifty-nine-a of this [chapter] title and shall provide guidelines for 35 the claiming of real property, mortgage recording, and sales tax 36 exemptions. Such guidelines shall include, but not be limited to: peri- 37 od of exemption; percentage of exemption; types of projects for which 38 exemptions can be claimed; procedures for payments in lieu of taxes and 39 instances in which real property appraisals are to be performed as a 40 part of an application for tax exemption; in addition, agencies shall in 41 adopting such policy consider such issues as: the extent to which a 42 project will create or retain permanent, private sector jobs; the esti- 43 mated value of any tax exemptions to be provided; whether affected tax 44 jurisdictions shall be reimbursed by the project occupant if a project 45 does not fulfill the purposes for which an exemption was provided; the 46 impact of a proposed project on existing and proposed businesses and 47 economic development projects in the vicinity; the amount of private 48 sector investment generated or likely to be generated by the proposed 49 project; the demonstrated public support for the proposed project; the 50 likelihood of accomplishing the proposed project in a timely fashion; 51 the effect of the proposed project upon the environment; the extent to 52 which the project will utilize, to the fullest extent practicable and 53 economically feasible, resource conservation, energy efficiency, green 54 technologies, and alternative and renewable energy measures; the extent 55 to which the project will bring additional affordable housing units to 56 the market; the extent to which the proposed project will require theA. 6858--A 4 1 provision of additional services, including, but not limited to addi- 2 tional educational, transportation, police, emergency medical or fire 3 services; and the extent to which the proposed project will provide 4 additional sources of revenue for municipalities and school districts. 5 § 6. Subdivision 5 of section 1951 of the public authorities law, as 6 amended by chapter 907 of the laws of 1972, is amended and a new subdi- 7 vision 16 is added to read as follows: 8 5. The term "project" shall mean any land in one or more areas of the 9 city and any building, structure, facility or other improvement thereon, 10 including, but not limited to machinery and equipment and all real and 11 personal property deemed necessary in connection therewith, whether or 12 not now in existence or under construction, which shall be necessary or 13 suitable for manufacturing, warehousing, research, commercial, afforda- 14 ble housing or industrial purposes and which may include or mean an 15 industrial pollution control facility. 16 16. The term "affordable housing" shall mean housing where the occu- 17 pant is paying no more than thirty percent of gross income for housing 18 costs, including utilities. 19 § 7. The opening paragraph of section 1953 of the public authorities 20 law, as amended by chapter 579 of the laws of 2021, is amended to read 21 as follows: 22 The purposes of the authority shall be to promote, develop, encourage 23 and assist in the acquiring, constructing, reconstructing, improving, 24 maintaining, equipping and furnishing industrial, manufacturing, ware- 25 house, commercial, affordable housing and research facilities including 26 industrial pollution control facilities, transportation facilities 27 including but not limited to those relating to water, highway, rail and 28 air, in one or more areas of the city, particularly but not exclusively 29 at the site of what was formerly the Troy airport including an airstrip 30 or airport located in the southern section of the city and thereby 31 advance the job opportunities, health, general prosperity and economic 32 welfare of the people of said city and to improve their standard of 33 living; provided, however, that the authority shall not undertake any 34 project if the completion thereof would result in the removal of an 35 industrial or manufacturing plant of the project occupant from one area 36 of the state to another area of the state or in the abandonment of one 37 or more plants or facilities of the project applicant located within the 38 state, provided, however, that neither restriction shall apply if the 39 authority shall determine on the basis of the application before it that 40 the project is reasonably necessary to discourage the project occupant 41 from removing such other plant or facility to a location outside the 42 state or is reasonably necessary to preserve the competitive position of 43 the project occupant in its respective industry. Except as otherwise 44 provided for in this section, no financial assistance of the authority 45 shall be provided in respect of any project where facilities or property 46 that are primarily used in making retail sales to customers who 47 personally visit such facilities constitute more than one-third of the 48 total project cost. For the purposes of this article, "retail sales" 49 shall mean: (i) sales by a registered vendor under article twenty-eight 50 of the tax law primarily engaged in the retail sale of tangible personal 51 property, as defined in subparagraph (i) of paragraph four of subdivi- 52 sion (b) of section eleven hundred one of the tax law; or (ii) sales of 53 a service to such customers. Except, however, that tourism destination 54 projects shall not be prohibited by this paragraph. For the purpose of 55 this paragraph, "tourism destination" shall mean a location or facility 56 which is likely to attract a significant number of visitors from outsideA. 6858--A 5 1 the economic development region as established by section two hundred 2 thirty of the economic development law in which the project is located. 3 § 8. Subdivision 1 of section 1963-a of the public authorities law, as 4 amended by chapter 386 of the laws of 2019, is amended to read as 5 follows: 6 1. The authority shall establish a uniform tax exemption policy, with 7 input from affected local taxing jurisdictions, which shall be applica- 8 ble to provisions of financial assistance pursuant to section nineteen 9 hundred fifty-three-a of this title and shall provide guidelines for the 10 claiming of real property, mortgage recording, and sales tax exemptions. 11 Such guidelines shall include, but not be limited to: period of 12 exemption; percentage of exemption; types of projects for which 13 exemptions can be claimed; procedures for payments in lieu of taxes and 14 instances in which real property appraisals are to be performed as a 15 part of an application for tax exemption; in addition, the authority in 16 adopting such policy shall consider such issues as: the extent to which 17 a project will create or retain permanent, private sector jobs; the 18 estimated value of any tax exemption to be provided; whether affected 19 tax jurisdictions should be reimbursed by the project occupant if a 20 project does not fulfill the purposes for which an exemption was 21 provided; the impact of a proposed project on existing and proposed 22 businesses and economic development projects in the vicinity; the amount 23 of private sector investment generated or likely to be generated by the 24 proposed project; the demonstrated public support for the proposed 25 project; the likelihood of accomplishing the proposed project in a time- 26 ly fashion; the effect of the proposed project upon the environment; the 27 extent to which the project will utilize, to the fullest extent practi- 28 cable and economically feasible, resource conservation, energy efficien- 29 cy, green technologies, and alternative and renewable energy measures; 30 the extent to which the project will bring additional affordable housing 31 units to the market; the extent to which the proposed project will 32 require the provision of additional services, including, but not limited 33 to additional educational, transportation, police, emergency medical or 34 fire services; and the extent to which the proposed project will provide 35 additional sources [or] of revenue for municipalities and school 36 districts. 37 § 9. Subdivision 5 of section 2302 of the public authorities law, as 38 amended by chapter 356 of the laws of 1993, is amended and a new subdi- 39 vision 17 is added to read as follows: 40 5. The term "project" shall mean any land in one or more areas of the 41 city and within or outside or partially within and partially outside the 42 city and any building, structure, facility or other improvement thereon, 43 including, but not limited to machinery and equipment and all real and 44 personal properties deemed necessary in connection therewith, whether or 45 not now in existence or under construction, which shall be necessary or 46 suitable for industrial, warehousing, research, affordable housing or 47 commercial purposes, or for use by a federal agency or a medical facili- 48 ty and which may include or mean an industrial pollution control facili- 49 ty or a civic facility, provided, however, the authority shall not 50 provide financial assistance in respect of any project wholly or 51 partially outside the city provided, however, that the authority may 52 provide financial assistance for such a project where a portion of the 53 project outside the city is contiguous to a portion of the project 54 located within the city if the authority obtains the prior consent ther- 55 eto by the governing body or bodies of all the other cities, towns orA. 6858--A 6 1 villages in which a part or parts of the project is, or is to be, 2 located. 3 17. The term "affordable housing" shall mean housing where the occu- 4 pant is paying no more than thirty percent of gross income for housing 5 costs, including utilities. 6 § 10. The opening paragraph of section 2306 of the public authorities 7 law, as amended by chapter 304 of the laws of 2013, is amended to read 8 as follows: 9 The purposes of the authority shall be to promote, develop, encourage 10 and assist in the acquiring, constructing, reconstructing, improving, 11 maintaining, equipping and furnishing industrial, manufacturing, ware- 12 house, commercial, affordable housing, and research facilities and 13 facilities for use by a federal agency or a medical facility including 14 industrial pollution control facilities, which may include transporta- 15 tion facilities including but not limited to those relating to water, 16 highway, rail and air, in one or more areas of the city, and thereby 17 advance the job opportunities, health, general prosperity and economic 18 welfare of the people of said city and to improve their medical care and 19 standard of living; provided, however, that the authority shall not 20 undertake any project if the completion thereof would result in the 21 removal of an industrial or manufacturing plant of the project occupant 22 from one area of the state to another area of the state or in abandon- 23 ment of one or more plants or facilities of the project applicant 24 located within the state, provided, however, that neither restriction 25 shall apply if the authority shall determine on the basis of the appli- 26 cation before it that the project is reasonably necessary to discourage 27 the project occupant from removing such other plant or facility to a 28 location outside the state or is reasonably necessary to preserve the 29 competitive position of the project occupant in its respective industry. 30 Except as otherwise provided for in this section, no financial assist- 31 ance of the authority shall be provided in respect of any project where 32 facilities or property that are primarily used in making retail sales to 33 customers who personally visit such facilities constitute more than 34 one-third of the total project cost. For the purposes of this article, 35 "retail sales" shall mean: (i) sales by a registered vendor under arti- 36 cle twenty-eight of the tax law primarily engaged in the retail sale of 37 tangible personal property, as defined in subparagraph (i) of paragraph 38 four of subdivision (b) of section eleven hundred one of the tax law; or 39 (ii) sales of a service to such customers. Except, however, that tourism 40 destination projects shall not be prohibited by this paragraph. For the 41 purpose of this paragraph, "tourism destination" shall mean a location 42 or facility which is likely to attract a significant number of visitors 43 from outside the economic development region as established by section 44 two hundred thirty of the economic development law, in which the project 45 is located. 46 § 11. Subdivision 1 of section 2315 of the public authorities law, as 47 amended by chapter 386 of the laws of 2019, is amended to read as 48 follows: 49 1. The authority shall establish a uniform tax exemption policy, with 50 input from affected local taxing jurisdictions, which shall be applica- 51 ble to provisions of financial assistance pursuant to section twenty- 52 three hundred seven of this title and shall provide guidelines for the 53 claiming of real property, mortgage recording, and sales tax exemptions. 54 Such guidelines shall include, but not be limited to: period of 55 exemption; percentage of exemption; types of projects for which 56 exemptions may be claimed; procedures for payments in lieu of taxes andA. 6858--A 7 1 instances in which real property appraisals are to be performed as a 2 part of an application for tax exemption; in addition, the authority in 3 adopting such policy shall consider such issues as: the extent to which 4 a project will create or retain permanent, private sector jobs; the 5 estimated value of any tax exemption to be provided; whether affected 6 tax jurisdictions should be reimbursed by the project occupant if a 7 project does not fulfill the purposes for which an exemption was 8 provided; the impact of a proposed project on existing and proposed 9 businesses and economic development projects in the vicinity; the amount 10 of private sector investment generated or likely to be generated by the 11 proposed project; the demonstrated public support for the proposed 12 project; the likelihood of accomplishing the proposed project in a time- 13 ly fashion; the effect of the proposed project upon the environment; the 14 extent to which the project will utilize, to the fullest extent practi- 15 cable and economically feasible, resource conservation, energy efficien- 16 cy, green technologies, and alternative and renewable energy measures; 17 the extent to which the project will bring additional affordable housing 18 units to the market; the extent to which the proposed project will 19 require the provision of additional services, including, but not limited 20 to additional educational, transportation, police, emergency medical or 21 fire services; and the extent to which the proposed project will provide 22 additional sources of revenue for municipalities and school districts. 23 § 12. This act shall take effect immediately.
