S T A T E O F N E W Y O R K
________________________________________________________________________
2658
2011-2012 Regular Sessions
I N S E N A T E
January 27, 2011
___________
Introduced by Sen. KRUGER -- 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 creation
of urban commercial redevelopment action areas
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative intent. The legislature hereby finds and
2 declares that the establishment of commercial redevelopment action areas
3 can promote expanded retail operations in urban commercial districts and
4 thereby facilitate downtown urban revitalization.
5 S 2. Section 692 of the general municipal law is amended by adding a
6 new subdivision 8 to read as follows:
7 8. "URBAN COMMERCIAL REDEVELOPMENT ACTION AREA". AN AREA PREVIOUSLY
8 DESIGNATED AS AN URBAN DEVELOPMENT ACTION AREA WHICH IS DESIGNATED BY
9 THE GOVERNING BODY OF A MUNICIPALITY AS AN URBAN COMMERCIAL REDEVELOP-
10 MENT ACTION AREA.
11 S 3. The opening paragraph of section 693 of the general municipal law
12 is designated subdivision 1 and a new subdivision 2 is added to read as
13 follows:
14 2. AN URBAN COMMERCIAL REDEVELOPMENT ACTION AREA SHALL BE DESIGNATED
15 BY RESOLUTION OF THE GOVERNING BODY OF THE MUNICIPALITY MAKING THE
16 DESIGNATION; PROVIDED, THAT SUCH URBAN COMMERCIAL REDEVELOPMENT ACTION
17 AREA MUST:
18 (A) CONTAIN AT LEAST FORTY PERCENT VACANT LAND AND/OR ABANDONED BUILD-
19 INGS,
20 (B) BE LOCATED WITHIN OR ADJACENT TO A CENSUS TRACT HAVING A MINORITY
21 POPULATION IN EXCESS OF TWENTY PERCENT,
22 (C) CONSIST OF REAL PROPERTY AT LEAST THIRTY PERCENT OF WHICH SHALL
23 HAVE DECLINED IN VALUE FOR ASSESSMENT PURPOSES, AND
24 (D) HAVE POTENTIAL FOR ATTRACTING NEW COMMERCIAL BUSINESSES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07384-01-1
S. 2658 2
1 S 4. The general municipal law is amended by adding a new section
2 694-a to read as follows:
3 S 694-A. URBAN COMMERCIAL REDEVELOPMENT ACTION AREA APPROVAL BY THE
4 DEPARTMENT OF ECONOMIC DEVELOPMENT. THE DESIGNATION OF AN URBAN COMMER-
5 CIAL REDEVELOPMENT ACTION AREA BY A MUNICIPALITY SHALL BE SUBJECT TO THE
6 APPROVAL BY THE STATE DEPARTMENT OF ECONOMIC DEVELOPMENT. THE DEPARTMENT
7 MUST CERTIFY THAT SUCH AREA COMPLIES WITH THE REQUIREMENTS OF SUBDIVI-
8 SION TWO OF SECTION SIX HUNDRED NINETY-THREE OF THIS ARTICLE.
9 S 5. The general municipal law is amended by adding a new section
10 696-e to read as follows:
11 S 696-E. TAX INCENTIVES FOR RETAIL ESTABLISHMENTS WITHIN URBAN COMMER-
12 CIAL REDEVELOPMENT ACTION AREAS. 1. UPON CERTIFICATION BY THE DEPARTMENT
13 OF ECONOMIC DEVELOPMENT, IN CONSULTATION WITH THE COMMISSIONER OF TAXA-
14 TION AND FINANCE, THAT THE ANTICIPATED LOSS OF SALES AND USE TAX REVEN-
15 UES TO THE STATE WITHIN ALL SUCH AREAS DOES NOT EXCEED IN THE AGGREGATE
16 TEN MILLION DOLLARS IN ANY FISCAL YEAR AN URBAN COMMERCIAL REDEVELOPMENT
17 ACTION AREA MAY BE GRANTED AN EXEMPTION FROM THE IMPOSITION OF SALES AND
18 USE TAXES WITHIN SUCH AREA AS FOLLOWS:
19 (A) A PERIOD OF FIVE YEARS FOR SALES BY NEW RETAIL AND COMMERCIAL
20 ESTABLISHMENTS,
21 (B) A PERIOD OF FOUR YEARS FOR SALES BY RETAIL AND COMMERCIAL ESTAB-
22 LISHMENTS MAKING SUBSTANTIAL CAPITAL IMPROVEMENTS TO EXISTING OPER-
23 ATIONS, AND
24 (C) A PERIOD OF THREE YEARS FOR SALES BY ALL OTHER RETAIL AND COMMER-
25 CIAL ESTABLISHMENTS LOCATED WITHIN THE DESIGNATED AREA.
26 2. IN THE EVENT THAT THE COUNTY IN WHICH AN URBAN COMMERCIAL REDEVEL-
27 OPMENT ACTION AREA IS LOCATED IMPOSES A SALES AND USE TAX, SUCH COUNTY,
28 BY RESOLUTION, MUST APPROVE THE CREATION OF SUCH AREA PRIOR TO THE
29 GRANTING OF ANY TAX EXEMPTION PURSUANT TO THE PROVISIONS OF THIS
30 SECTION.
31 S 6. This act shall take effect immediately.