Bill Text: NY A07963 | 2019-2020 | General Assembly | Introduced

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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: (Introduced - Dead) 2020-01-08 - referred to local governments [A07963 Detail]

Download: New_York-2019-A07963-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7963

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 29, 2019
                                       ___________

        Introduced by M. of A. RAYNOR -- read once and referred to the Committee
          on Local Governments

        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.
                                                                   LBD10776-01-9
        A. 7963                             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-
     5  icant number of visitors from outside the economic development region as
     6  established by section two hundred thirty of  the  economic  development
     7  law,  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-
    21  sion,  financial assistance may, however, be provided to a project where
    22  facilities or property that are primarily used in making retail sales of
    23  goods or services to customers who personally visit such  facilities  to
    24  obtain  such  goods  or  services  constitute more than one-third of the
    25  total project cost, where: (i) the predominant purpose  of  the  project
    26  would  be  to  make available goods or services which would not, but for
    27  the project, be reasonably accessible to  the  residents  of  the  city,
    28  town,  or  village  within  which  the proposed project would be located
    29  because of a lack  of  reasonably  accessible  retail  trade  facilities
    30  offering  such  goods  or  services; or (ii) the project is located in a
    31  highly distressed area.
    32    (c) With respect to projects authorized pursuant to paragraph  (b)  of
    33  this  subdivision,  no project shall be approved unless the agency shall
    34  find after the public hearing required by section eight  hundred  fifty-
    35  nine-a  of this title that undertaking the project will serve the public
    36  purposes of this article by preserving permanent, private sector jobs or
    37  increasing the overall number of permanent, private sector jobs  in  the
    38  state.  Where the agency makes such a finding, prior to providing finan-
    39  cial assistance to the project by the agency, the chief executive  offi-
    40  cer  of  the municipality for whose benefit the agency was created shall
    41  confirm the proposed action of the agency.]
    42    § 2. This act shall take effect immediately.