S T A T E O F N E W Y O R K ________________________________________________________________________ 8037 2013-2014 Regular Sessions I N A S S E M B L Y June 17, 2013 ___________ Introduced by M. of A. FINCH -- read once and referred to the Committee on Corporations, Authorities and Commissions AN ACT to amend the public authorities law, in relation to financial assistance provided by the Auburn industrial development authority THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The opening paragraph of section 2306 of the public author- 2 ities law, as amended by chapter 556 of the laws of 1973, is amended to 3 read as follows: 4 The purposes of the authority shall be to promote, develop, encourage 5 and assist in the acquiring, constructing, reconstructing, improving, 6 maintaining, equipping and furnishing industrial, manufacturing, ware- 7 house, commercial and research facilities and facilities for use by a 8 federal agency or a medical facility including industrial pollution 9 control facilities, which may include transportation facilities includ- 10 ing but not limited to those relating to water, highway, rail and air, 11 in one or more areas of the city, and thereby advance the job opportu- 12 nities, health, general prosperity and economic welfare of the people of 13 said city and to improve their medical care and standard of living; 14 provided, however, that the authority shall not undertake any project if 15 the completion thereof would result in the removal of an industrial or 16 manufacturing plant of the project occupant from one area of the state 17 to another area of the state or in abandonment of one or more plants or 18 facilities of the project applicant located within the state, provided, 19 however, that neither restriction shall apply if the authority shall 20 determine on the basis of the application before it that the project is 21 reasonably necessary to discourage the project occupant from removing 22 such other plant or facility to a location outside the state or is 23 reasonably necessary to preserve the competitive position of the project 24 occupant in its respective industry. EXCEPT AS OTHERWISE PROVIDED FOR IN 25 THIS SECTION, NO FINANCIAL ASSISTANCE OF THE AUTHORITY SHALL BE PROVIDED EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11515-04-3 A. 8037 2 1 IN RESPECT OF ANY PROJECT WHERE FACILITIES OR PROPERTY THAT ARE PRIMARI- 2 LY USED IN MAKING RETAIL SALES TO CUSTOMERS WHO PERSONALLY VISIT SUCH 3 FACILITIES CONSTITUTE MORE THAN ONE-THIRD OF THE TOTAL PROJECT COST. FOR 4 THE PURPOSES OF THIS ARTICLE, "RETAIL SALES" SHALL MEAN: (I) SALES BY A 5 REGISTERED VENDOR UNDER ARTICLE TWENTY-EIGHT OF THE TAX LAW PRIMARILY 6 ENGAGED IN THE RETAIL SALE OF TANGIBLE PERSONAL PROPERTY, AS DEFINED IN 7 SUBPARAGRAPH (I) OF PARAGRAPH FOUR OF SUBDIVISION (B) OF SECTION ELEVEN 8 HUNDRED ONE OF THE TAX LAW; OR (II) SALES OF A SERVICE TO SUCH CUSTOM- 9 ERS. EXCEPT, HOWEVER, THAT TOURISM DESTINATION PROJECTS SHALL NOT BE 10 PROHIBITED BY THIS PARAGRAPH. FOR THE PURPOSE OF THIS PARAGRAPH, "TOUR- 11 ISM DESTINATION" SHALL MEAN A LOCATION OR FACILITY WHICH IS LIKELY TO 12 ATTRACT A SIGNIFICANT NUMBER OF VISITORS FROM OUTSIDE THE ECONOMIC 13 DEVELOPMENT REGION AS ESTABLISHED BY SECTION TWO HUNDRED THIRTY OF THE 14 ECONOMIC DEVELOPMENT LAW, IN WHICH THE PROJECT IS LOCATED. 15 NOTWITHSTANDING THE PROVISIONS OF THIS SECTION TO THE CONTRARY, SUCH 16 FINANCIAL ASSISTANCE MAY, HOWEVER, BE PROVIDED TO A PROJECT WHERE FACIL- 17 ITIES OR PROPERTY THAT ARE PRIMARILY USED IN MAKING RETAIL SALES OF 18 GOODS OR SERVICES TO CUSTOMERS WHO PERSONALLY VISIT SUCH FACILITIES TO 19 OBTAIN SUCH GOODS OR SERVICES CONSTITUTE MORE THAN ONE-THIRD OF THE 20 TOTAL PROJECT COST, WHERE: (I) THE PREDOMINANT PURPOSE OF THE PROJECT 21 WOULD BE TO MAKE AVAILABLE GOODS OR SERVICES WHICH WOULD NOT, BUT FOR 22 THE PROJECT, BE REASONABLY ACCESSIBLE TO THE RESIDENTS OF THE CITY OF 23 AUBURN BECAUSE OF A LACK OF REASONABLY ACCESSIBLE RETAIL TRADE FACILI- 24 TIES OFFERING SUCH GOODS OR SERVICES; OR (II) THE PROJECT IS LOCATED IN 25 A HIGHLY DISTRESSED AREA. WITH RESPECT TO PROJECTS AUTHORIZED PURSUANT 26 TO THIS PARAGRAPH NO PROJECT SHALL BE APPROVED UNLESS THE AUTHORITY 27 SHALL FIND AFTER THE PUBLIC HEARING REQUIRED BY SECTION TWENTY-THREE 28 HUNDRED SEVEN OF THIS TITLE THAT UNDERTAKING THE PROJECT WILL SERVE THE 29 PUBLIC PURPOSES OF THIS ARTICLE BY PRESERVING PERMANENT, PRIVATE SECTOR 30 JOBS OR INCREASING THE OVERALL NUMBER OF PERMANENT, PRIVATE SECTOR JOBS 31 IN THE STATE. WHERE THE AUTHORITY MAKES SUCH A FINDING, PRIOR TO 32 PROVIDING FINANCIAL ASSISTANCE TO THE PROJECT BY THE AUTHORITY, THE 33 CHIEF EXECUTIVE OFFICER OF THE CITY OF AUBURN SHALL CONFIRM THE PROPOSED 34 ACTION OF THE AUTHORITY. To carry out said purpose, the authority shall 35 have power: 36 S 2. Section 2334 of the public authorities law, as added by chapter 37 915 of the laws of 1969, is amended to read as follows: 38 S 2334. Termination of the authority. Whenever all of the bonds issued 39 by the authority shall have been redeemed or cancelled, AND ALL 40 STRAIGHT-LEASE TRANSACTIONS HAVE BEEN TERMINATED, the authority shall 41 cease to exist and all rights, titles, and interest and all obligations 42 and liabilities thereof vested in or possessed by the authority shall 43 thereupon vest in and be possessed by the city of Auburn. 44 S 3. This act shall take effect on the thirtieth day after it shall 45 have become a law.