A. 4837 2
6.14. APPROVAL OF CULTURAL DEVELOPMENT AREAS.
6.15. LOCAL ADMINISTRATION OF CULTURAL DEVELOPMENT AREAS.
6.16. DISPOSITION OF PROPERTY.
6.17. TERMINATION OR REVISION OF A CULTURAL DEVELOPMENT AREA.
6.18. RESCINDING OF LOCAL INCENTIVES.
S 6.01. CULTURAL DEVELOPMENT AREAS PROGRAM; CREATION. THE NEW YORK
STATE CULTURAL DEVELOPMENT AREAS PROGRAM IS HEREBY CREATED AND DECLARED
TO BE IN EVERY SENSE IN THE INTERESTS OF THE PEOPLE OF THE STATE AND AN
APPROPRIATE PUBLIC PURPOSE TO PROVIDE FOR THE DEVELOPMENT AND SUPPORT OF
ARTS AND CULTURAL INSTITUTIONS AND THE PRESERVATION OF CULTURAL HERIT-
AGE, INCLUDING THE DEVELOPMENT AND SUPPORT OF ANCILLARY ORGANIZATIONS
AND INFRASTRUCTURE AS MAY BE REQUIRED OR DESIRABLE FOR SUCH PURPOSE, AND
THE CREATION OF JOBS AND THE ENCOURAGEMENT OF ECONOMIC DEVELOPMENT.
S 6.02. LEGISLATIVE INTENT. THE LEGISLATURE HEREBY FINDS, DETERMINES
AND DECLARES THAT ARTS AND CULTURAL INSTITUTIONS IN NEW YORK NOT ONLY
PROVIDE EDUCATIONAL, CULTURAL, AND SPIRITUAL OPPORTUNITIES AND PRESERVA-
TION OF HERITAGE TO THE PEOPLE OF THIS STATE, BUT ALSO CONTRIBUTE TO THE
ECONOMY, PROSPERITY, OPPORTUNITY, EDUCATION, AND QUALITY OF LIFE OF ALL
RESIDENTS OF NEW YORK; AND THAT THE IMPORTANT PUBLIC PURPOSE SERVED BY
SUCH INSTITUTIONS HAS BEEN RECOGNIZED BY THE STATE AND LOCAL GOVERN-
MENTS, WHICH HAVE APPROPRIATED AND EXPENDED SUBSTANTIAL FUNDS FOR AND
OTHERWISE SUPPORTED AND ASSISTED SUCH INSTITUTIONS; AND THAT IT IS IN
EVERY WAY AN APPROPRIATE PUBLIC POLICY AND FULLY IN THE INTERESTS OF THE
PEOPLE OF THE STATE TO TAKE STEPS AS MAY BE NECESSARY TO FURTHER
PRESERVE AND ENHANCE THE CONTRIBUTIONS OF SUCH ARTS AND CULTURAL INSTI-
TUTIONS IN NEW YORK.
THE LEGISLATURE FINDS THAT THREE DECADES OF REPUTABLE STUDIES HAVE
SHOWN THAT THE DEVELOPMENT AND OPERATIONS OF ARTS AND CULTURAL INSTI-
TUTIONS ARE AN IMPORTANT ECONOMIC DEVELOPMENT TOOL, LEADING TO OR
CONTRIBUTING TO THE EXISTENCE AND GROWTH WITHIN THE STATE AND WITHIN THE
REGIONS AND NEIGHBORHOODS IN WHICH THEY ARE LOCATED OF ADDITIONAL
RELATED AND ANCILLARY INDUSTRIES AND ENTERPRISES, GENERATING SUBSTANTIAL
EMPLOYMENT, IMPROVING PROPERTY VALUES, PRODUCING SIGNIFICANT TAX AND
OTHER REVENUES DIRECTLY AND INDIRECTLY IN AND FOR THE STATE AND LOCAL
GOVERNMENT, AND OTHERWISE VITALLY CONTRIBUTING TO THE ECONOMY AND TAX
BASE OF THE STATE.
THE LEGISLATURE FINDS AND DECLARES THAT AN IMPORTANT PUBLIC PURPOSE IS
SERVED AND THE INTERESTS OF THE PEOPLE OF THE STATE ARE PROMOTED BY A
POLICY THAT SUPPORTS THE CULTURAL AND EDUCATIONAL MISSION OF ARTS AND
CULTURAL INSTITUTIONS WHILE ENHANCING THE ECONOMIC, JOB-CREATING POTEN-
TIAL OF SUCH INSTITUTIONS IN A SYSTEMATIC AND APPROPRIATE MANNER; AND
FURTHER DECLARES THAT SUCH A POLICY MUST AT A MINIMUM RECOGNIZE THE
NEEDS OF SUCH INSTITUTIONS FOR SPACE AND FACILITIES (INCLUDING EQUIP-
MENT, FURNISHINGS, AND INSTALLATIONS) TO ASSURE THEIR CONTINUED EXIST-
ENCE, PROPER OPERATION, AND GROWTH; ALLOW PRESERVATION AND EXPANSION OF
THE COLLECTIONS, ENDOWMENTS AND OTHER CAPITAL ASSETS OF SUCH INSTI-
TUTIONS; AND BE IMPLEMENTED IN A MANNER THAT HAS A POSITIVE EFFECT ON
THE ECONOMY, AND ON THE TAX BASE OF THE STATE AND ITS LOCALITIES; AND
PROVIDES FOR AND ENCOURAGES THE FLOW-THROUGH OF BENEFITS TO SURROUNDING
NEIGHBORHOODS AND REGIONS BY STIMULATING FURTHER SPIN-OFF DEVELOPMENT
AND DIRECT INVESTMENT IN SUCH AREAS, IN SUCH FORMS AS DEVELOPMENT OF
HOUSING, COMMERCIAL AND RELATED FACILITIES AND DEVELOPMENT COMPATIBLE
WITH AND COMPLEMENTARY TO SUCH INSTITUTIONS, NEIGHBORHOODS, AND REGIONS.
THE LEGISLATURE THEREFORE FINDS, DETERMINES AND DECLARES THAT A PUBLIC
PURPOSE WILL BE SERVED AND THE INTERESTS OF THE PEOPLE OF THE STATE
PROMOTED BY THE CREATION PURSUANT TO THIS ARTICLE OF CULTURAL DEVELOP-
A. 4837 3
MENT AREAS, TO PROVIDE FOR THE DEVELOPMENT, MAINTENANCE, AND SUPPORT OF
ARTS AND CULTURAL INSTITUTIONS AND TO ENHANCE THE ECONOMIC, JOB-CREATING
POTENTIAL OF SUCH INSTITUTIONS IN A SYSTEMATIC AND APPROPRIATE MANNER IN
ACCORDANCE WITH THIS ARTICLE, WHICH INCLUDE THE GRANT OF THE POWERS,
RIGHTS AND DUTIES PROVIDED HEREIN AND INCLUDING THE DELEGATION OF PART
OF THE SOVEREIGN POWER OF THE STATE; AND THAT THE CREATION OF THIS
PROGRAM, THE EXERCISE OF SUCH POWERS AND RIGHTS, THE PERFORMANCE OF SUCH
DUTIES, AND THE CARRYING OUT OF THE PURPOSES OF THE PROGRAM ARE IN ALL
RESPECTS FOR THE BENEFIT OF THE PEOPLE OF THE STATE AND ARE AND WILL
SERVE A PUBLIC PURPOSE AND WILL BE AN ESSENTIAL PUBLIC AND GOVERNMENTAL
FUNCTION.
S 6.03. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "APPLICANT" IS THE LOCAL GOVERNMENT IN PARTNERSHIP WITH ONE OR MORE
ARTS CORPORATIONS WHICH HAS DESIGNATED A CULTURAL DEVELOPMENT AREA
PURSUANT TO LOCAL LAW, AS REQUIRED IN THIS ARTICLE, AND WHICH HAS
SUBMITTED THE DESIGNATION TO THE COMMISSIONER FOR APPROVAL.
2. "ANCILLARY BUSINESSES AND SERVICES" MEANS AND INCLUDES REHEARSAL
SPACE, PARKING, PARKS OR OTHER GREEN SPACE, RESTAURANT, BOUTIQUE, LIGHT
COMMERCIAL, OFFICE, HOUSING, WAREHOUSING, HOTEL OR MOTEL, OR ANY OTHER
BUSINESS OR SERVICE SHOWN IN THE APPLICANT'S DEVELOPMENT PLAN TO BE
DIRECTLY RELATED TO, BENEFITED BY, OR CAPABLE OF ENHANCING THE CONTINUA-
TION OR ENHANCEMENT OF ONE OR MORE ARTS CORPORATIONS WITHIN THE CULTURAL
DEVELOPMENT AREA, AND WHICH WILL THEREFORE ADD TO THE CAPACITY OF SUCH
CULTURAL DEVELOPMENT AREA TO PROVIDE A POSITIVE IMPACT IN THE FORM OF
DIRECT, INDIRECT, AND INDUCED REVENUES TO THE LOCAL ECONOMY, SHORT-TERM
AND LONG-TERM JOB CREATION, AND TO STATE AND LOCAL TAX REVENUES.
3. "CULTURAL DEVELOPMENT AREA" OR "CDA" IS AN AREA DESIGNATED AS A
CULTURAL DEVELOPMENT AREA PURSUANT TO THIS ARTICLE.
4. "ARTS CORPORATION" MEANS A CORPORATION WHICH HAS RECEIVED A
PROGRAM, OPERATING, OR OTHER GRANT FROM THE NEW YORK STATE COUNCIL FOR
THE ARTS IN THREE OF THE PRIOR FIVE YEARS, OR A CORPORATION CERTIFIED AS
AN ARTS CORPORATION BY THE LOCAL AREA ADMINISTRATOR AND THE CHAIRPERSON
OF THE NEW YORK STATE COUNCIL ON THE ARTS BECAUSE A MAJORITY OF ITS
ACTIVITIES ARE OR ARE PROPOSED TO BE ARTISTIC OR CULTURAL, WHICH TERMS
SHALL BE INTERPRETED AS BROADLY INCLUSIVE BY THE AREA ADMINISTRATOR AND
THE CHAIRPERSON. IN ADDITION, AND ANY OTHER PROVISION OF ANY OTHER LAW
TO THE CONTRARY, NOTHING HEREIN SHALL BE DEEMED TO PREVENT A CORPORATION
WHICH PROVIDES GALLERY OR EXHIBITION SPACE, ARTIST STUDIO SPACE, ARTIST
HOUSING AT BELOW MARKET RENT RATES, SPACE FOR PUBLIC ART PROJECTS AND
THEIR CONSTRUCTION, MUSIC RECORDING STUDIOS, FILM, VIDEO, CLASSROOM AND
STUDIO SPACE FOR ELEMENTARY, SECONDARY OR HIGHER EDUCATION INSTITUTIONS,
OR OTHER FACILITIES WHOSE PURPOSE IS TO EXPOSE THE PUBLIC TO, AND
ENCOURAGE THEIR PARTICIPATION IN THE ARTS, FROM QUALIFYING AS AN ARTS
CORPORATION.
5. "CHIEF EXECUTIVE" IS A COUNTY EXECUTIVE OR MANAGER OF A COUNTY, OR
IN A COUNTY NOT HAVING A COUNTY EXECUTIVE OR MANAGER, THE CHAIRPERSON OR
PRESIDING OFFICER OF THE COUNTY LEGISLATIVE BODY. IN THE CASE OF A CITY,
VILLAGE, OR TOWN, IT IS THE MAYOR OF A CITY OR VILLAGE, EXCEPT WHERE A
CITY OR VILLAGE HAS A MANAGER, IT SHALL MEAN SUCH A MANAGER, OR A SUPER-
VISOR OF A TOWN, EXCEPT WHERE A TOWN HAS A MANAGER, IN WHICH CASE IT
SHALL MEAN SUCH MANAGER.
6. "CHAIRPERSON" IS THE CHAIRPERSON OF THE NEW YORK STATE COUNCIL ON
THE ARTS.
7. "COMMISSIONER" IS THE COMMISSIONER OF THE DEPARTMENT OF ECONOMIC
DEVELOPMENT FOR THE STATE OF NEW YORK.
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8. "DEPARTMENT" IS THE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR THE
STATE OF NEW YORK.
9. "CONSTRUCTION" MEANS THE ERECTION, BUILDING, ACQUISITION, ALTER-
ATION, RECONSTRUCTION, REHABILITATION, IMPROVEMENT, ENLARGEMENT OR
EXTENSION OF A CULTURAL FACILITY, INCLUDING ALL OR ANY PORTION OF
INFRASTRUCTURE AND FACILITIES RELATED THERETO, ANY AND ALL RECREATIONAL,
EDUCATIONAL, CULTURAL, OFFICE, LIVING, REHEARSAL, PARKING, RESTAURANT,
RETAIL, STORAGE AND OTHER FACILITIES NECESSARY OR DESIRABLE IN
CONNECTION WITH THE CULTURAL FACILITY; AND THE ENGINEERING, ARCHITEC-
TURAL, LEGAL, FISCAL AND ECONOMIC INVESTIGATIONS, STUDIES, SURVEYS,
DESIGNS, PLANS, DRAWINGS, SPECIFICATIONS, PROCEDURES, AND OTHER ACTIONS.
10. "CULTURAL FACILITY" MEANS ANY STRUCTURE, IMPROVEMENT, FURNISHING,
EQUIPMENT OR OTHER REAL OR PERSONAL PROPERTY THAT IS OR IS TO BE USED,
OWNED, OR OCCUPIED IN WHOLE OR IN PART, BUT IN NO CASE LESS THAN TWEN-
TY-FIVE PERCENT, BY AN ARTS CORPORATION, AS WELL AS ANY AND ALL RECRE-
ATIONAL, EDUCATIONAL, CULTURAL, OFFICE, LIVING, REHEARSAL, PARKING,
RESTAURANT, RETAIL, STORAGE AND OTHER FACILITIES NECESSARY OR DESIRABLE
IN CONNECTION WITH THE ACTIVITIES OF THE ARTS CORPORATION.
11. "CULTURAL FACILITY PROJECT" MEANS A PROJECT FOR THE CONSTRUCTION
OF A CULTURAL FACILITY.
12. "PERSON" MEANS ANY PERSON, INCLUDING INDIVIDUALS, FIRMS, PARTNER-
SHIPS, ASSOCIATIONS, PUBLIC UTILITIES, OR AUTHORITIES ORGANIZED OR
EXISTING UNDER THE LAWS OF THE STATE OR ANY OTHER STATE, EXCLUSIVE OF A
STATE AGENCY.
13. "REAL PROPERTY" MEANS LANDS, STRUCTURES, FRANCHISES AND INTERESTS
IN LAND, WATERS, LANDS UNDER WATER, RIPARIAN RIGHTS AND AIR-RIGHTS AND
ANY AND ALL THINGS AND RIGHTS INCLUDED WITHIN SAID TERM AND INCLUDES NOT
ONLY FEES SIMPLE ABSOLUTE BUT ALSO ANY AND ALL LESSER INTERESTS INCLUD-
ING BUT NOT LIMITED TO EASEMENTS, RIGHTS OF WAY, USES, LEASES, LICENSES
AND ALL OTHER INCORPOREAL HEREDITAMENTS AND EVERY ESTATE, INTEREST OR
RIGHT, LEGAL OR EQUITABLE, INCLUDING TERMS FOR YEARS AND LIENS THEREON
BY WAY OF JUDGMENTS, MORTGAGES OR OTHERWISE.
14. "COMMUNITY CULTURAL DEVELOPMENT PROJECTS" ARE PROJECTS SPONSORED
BY NOT-FOR-PROFIT ORGANIZATIONS WHICH HAVE BEEN APPROVED BY THE AREA
BOARD, WHICH WILL ADVANCE THE AREA DEVELOPMENT PLAN. FOR PURPOSES
DESCRIBED IN SUBDIVISION TWENTY OF SECTION TWO HUNDRED TEN, SUBSECTION
(L) OF SECTION SIX HUNDRED SIX, SUBSECTION (D) OF SECTION FOURTEEN
HUNDRED FIFTY-SIX AND SUBDIVISION (H) OF SECTION FIFTEEN HUNDRED ELEVEN
OF THE TAX LAW, SUCH PROJECTS SHALL BE LIMITED TO PROGRAMS SERVING AREA
RESIDENTS AND BUSINESSES; COMMUNITY DEVELOPMENT PROJECTS IN DIRECT
SUPPORT OF ECONOMIC DEVELOPMENT AND BUSINESS REVITALIZATION ACTIVITIES,
SUCH AS COMMERCIAL REVITALIZATION PROJECTS; AND BUSINESS DEVELOPMENT
ACTIVITIES OF LOCAL DEVELOPMENT CORPORATIONS.
15. "HUMAN RESOURCE DEVELOPMENT" IS JOB PREPARATION AND PLACEMENT,
SKILLS TRAINING AND EDUCATION FOR AREA RESIDENTS AND EMPLOYEES OF AREA
BUSINESSES, CHILD AND FAMILY CARE SERVICES AND FACILITIES, AND ACTIV-
ITIES TO IMPROVE THE HEALTH BENEFITS AND OTHER BENEFITS PROVIDED BY AREA
BUSINESSES TO THEIR EMPLOYEES.
16. "LOCAL CULTURAL DEVELOPMENT AREA ADMINISTRATIVE BOARD" IS THE
ENTITY DESIGNATED BY THE APPLICANT THAT IS RESPONSIBLE FOR MONITORING,
EVALUATING AND COORDINATING ALL CDA BENEFITS ON BEHALF OF THE APPLICANT.
SUCH ENTITY SHALL CONSIST OF AT LEAST SIX MEMBERS, NONE OF WHOM SHALL BE
THE CDA CERTIFICATION OFFICER, AND SHALL BE REPRESENTATIVE OF LOCAL
BUSINESSES, ORGANIZED LABOR, COMMUNITY ORGANIZATIONS, FINANCIAL INSTI-
TUTIONS, LOCAL EDUCATIONAL INSTITUTIONS AND RESIDENTS OF THE CDA.
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17. "LOCAL CULTURAL DEVELOPMENT AREA CERTIFICATION OFFICER" IS THE
OFFICIAL DESIGNATED BY THE APPLICANT WHO IS RESPONSIBLE FOR JOINTLY
CERTIFYING AND DECERTIFYING TOGETHER WITH THE COMMISSIONER OR, AS APPRO-
PRIATE, THE CHAIRPERSON, THOSE ARTS CORPORATIONS AND SERVICES ELIGIBLE
TO RECEIVE BENEFITS PURSUANT TO THIS ARTICLE.
18. "LOCAL GOVERNMENT" IS A COUNTY, EXCEPT IN THE CASE OF A COUNTY
WHOLLY CONTAINED WITHIN A CITY IN WHICH CASE IT IS THE CITY.
19. "LOCALLY OWNED BUSINESS ENTERPRISE" IS A BUSINESS FIRM IN WHICH
THE TOTAL OWNERSHIP INTEREST HELD BY INDIVIDUALS WHO ARE FULL TIME BONA
FIDE RESIDENTS OF THE CDA IS MORE THAN EIGHTY PERCENT, WHOSE BUSINESS
ACTIVITIES ARE CONDUCTED IN A MANNER WHEREBY AT LEAST FIFTY PERCENT OF
THE ASSETS OF SUCH FIRM ARE LOCATED AND UTILIZED IN SUCH AREA, AND AT
LEAST FORTY PERCENT OF SUCH FIRM'S EMPLOYEES ARE PRINCIPALLY EMPLOYED IN
SUCH AREA; PROVIDED HOWEVER, FOR BUSINESS FIRMS LOCATED WITHIN AREAS
DESIGNATED IN A CITY SUCH INDIVIDUALS SHALL RESIDE WITHIN A COMMUNITY
PLANNING BOARD OR WITHIN TRADITIONAL NEIGHBORHOOD BOUNDARIES AND
PROVIDED FURTHER HOWEVER FOR BUSINESS FIRMS LOCATED WITHIN AREAS OUTSIDE
OF A CITY SUCH INDIVIDUALS MAY RESIDE IN THE COUNTY IN WHICH THE AREA IS
DESIGNATED.
20. "MINORITY GROUP MEMBER" IS A UNITED STATES CITIZEN OR PERMANENT
RESIDENT ALIEN WHO IS AND CAN DEMONSTRATE MEMBERSHIP IN ONE OF THE
FOLLOWING GROUPS: BLACK PERSONS HAVING ORIGINS IN ANY OF THE BLACK AFRI-
CAN RACIAL GROUPS; HISPANIC PERSONS OF MEXICAN, PUERTO RICAN, DOMINICAN,
CUBAN, CENTRAL OR SOUTH AMERICAN OF EITHER INDIAN OR HISPANIC ORIGIN,
REGARDLESS OF RACE; NATIVE AMERICAN OR ALASKAN NATIVE PERSONS HAVING
ORIGINS IN ANY OF THE ORIGINAL PEOPLES OF NORTH AMERICA; AND ASIAN AND
PACIFIC ISLANDER PERSONS HAVING ORIGINS IN ANY OF THE FAR EAST COUN-
TRIES, SOUTHEAST ASIA, THE INDIAN SUBCONTINENT OR THE PACIFIC ISLANDS.
21. "MINORITY-OWNED BUSINESS ENTERPRISE" IS AN INDEPENDENTLY OWNED AND
OPERATED SOLE PROPRIETORSHIP, PARTNERSHIP, CORPORATION, OR OTHER BUSI-
NESS ENTERPRISE AUTHORIZED TO DO BUSINESS IN THIS STATE WHICH IS AT
LEAST FIFTY-ONE PERCENT OWNED BY ONE OR MORE MINORITY GROUP MEMBERS, AND
SUCH MINORITY OWNERSHIP IS REAL, SUBSTANTIAL AND CONTINUING, AND SUCH
MINORITY OWNERSHIP HAS AND EXERCISES THE AUTHORITY TO CONTROL INDEPEND-
ENTLY THE DAY-TO-DAY BUSINESS DECISIONS OF THE ENTERPRISE.
22. "SINGLE ENTERPRISE" IS TWO OR MORE RELATED BUSINESS ENTERPRISES
CHARACTERIZED BY AN ABSENCE OF ARM'S LENGTH RELATIONSHIPS FOUND AMONG
ENTERPRISES THAT ARE NOT INTEGRATED. FACTORS TO BE CONSIDERED, AMONG
OTHER THINGS, IN DETERMINING THE EXISTENCE OF A SINGLE ENTERPRISE ARE
INTERRELATION OF OPERATIONS, COMMON MANAGEMENT, CENTRALIZED CONTROL OF
LABOR RELATIONS, COMMON OWNERSHIP AND COMMON FINANCIAL CONTROL.
23. "TARGETED EMPLOYEE" IS A NEW YORK RESIDENT WHO RECEIVES CDA WAGES
AND WHO IS (A) AN ELIGIBLE INDIVIDUAL UNDER THE PROVISION OF THE TARGET-
ED JOBS TAX CREDIT (SECTION FIFTY-ONE OF THE INTERNAL REVENUE CODE), (B)
ELIGIBLE FOR BENEFITS UNDER THE PROVISIONS OF THE JOB TRAINING PARTNER-
SHIP ACT (P.L. 97-300, AS AMENDED), (C) A RECIPIENT OF PUBLIC ASSISTANCE
BENEFITS, OR (D) AN INDIVIDUAL WHOSE INCOME IS BELOW THE MOST RECENTLY
ESTABLISHED POVERTY RATE PROMULGATED BY THE UNITED STATES DEPARTMENT OF
COMMERCE, OR A MEMBER OF A FAMILY WHOSE FAMILY INCOME IS BELOW THE MOST
RECENTLY ESTABLISHED POVERTY RATE PROMULGATED BY THE APPROPRIATE FEDERAL
AGENCY. AN INDIVIDUAL WHO SATISFIES THE CRITERIA SET FORTH IN PARAGRAPH
(A), (B) OR (D) OF THIS SUBDIVISION AT THE TIME OF INITIAL EMPLOYMENT IN
THE JOB WITH RESPECT TO WHICH THE CREDIT IS CLAIMED, OR WHO SATISFIES
THE CRITERION SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVISION AT SUCH
TIME OR AT ANY TIME WITHIN THE PREVIOUS TWO YEARS, SHALL BE A TARGETED
EMPLOYEE SO LONG AS SUCH INDIVIDUAL CONTINUES TO RECEIVE CDA WAGES.
A. 4837 6
24. "WOMEN-OWNED BUSINESS ENTERPRISE" IS AN INDEPENDENTLY OWNED AND
OPERATED SOLE PROPRIETORSHIP, PARTNERSHIP, CORPORATION, OR OTHER BUSI-
NESS ENTERPRISE AUTHORIZED TO DO BUSINESS IN THIS STATE WHICH IS AT
LEAST FIFTY-ONE PERCENT OWNED BY ONE OR MORE UNITED STATES CITIZENS OR
PERMANENT RESIDENT ALIENS WHO ARE WOMEN, AND SUCH OWNERSHIP IS REAL,
SUBSTANTIAL AND CONTINUING, AND SUCH OWNERSHIP HAS AND EXERCISES THE
AUTHORITY TO CONTROL INDEPENDENTLY THE DAY-TO-DAY BUSINESS DECISIONS OF
THE ENTERPRISE.
25. "AREA ADMINISTRATIVE ENTITY" IS A COMMUNITY-BASED LOCAL DEVELOP-
MENT CORPORATION OR ENTITY CONTRACTING WITH THE LOCAL CDA BOARD OR THE
MUNICIPALITY IN WHICH THE AREA IS LOCATED IN THOSE INSTANCES WHERE THE
MUNICIPALITY ACTIVELY PARTICIPATES IN THE LOCAL ADMINISTRATION OF THE
AREA PROGRAM.
S 6.04. DESIGNATION OF CULTURAL DEVELOPMENT AREA. THERE SHALL BE A
TOTAL OF NO FEWER THAN TWO BUT NO MORE THAN FOUR CULTURAL DEVELOPMENT
AREAS IN NEW YORK, LOCATED IN AND DESIGNATED BY THE GOVERNING BODY OF
ANY COUNTY. ON THE NEXT JANUARY FIRST SUCCEEDING THE EFFECTIVE DATE OF
THIS ARTICLE, EVERY COUNTY, CITY, TOWN OR VILLAGE ACTING ON RECOMMENDA-
TION OF ITS CHIEF EXECUTIVE, MAY DESIGNATE A CULTURAL DEVELOPMENT AREA.
SUCH DESIGNATION SHALL MEET THE CRITERIA AND PROCESS ESTABLISHED IN THIS
ARTICLE FOR DESIGNATION OF A CULTURAL DEVELOPMENT AREA, INCLUDING THE
PASSAGE OF A LOCAL LAW, BUT SHALL NOT BE EFFECTIVE UNTIL AFTER APPROVAL
IN WRITING BY THE COMMISSIONER. SUBMISSION TO THE COMMISSIONER FOR
APPROVAL MAY OCCUR AT ANY TIME PRIOR TO OR AFTER SUCH JANUARY FIRST
DATE, AND THE CULTURAL DEVELOPMENT AREA SHALL BECOME EFFECTIVE ON THE
PRIOR OR NEXT SUCCEEDING JANUARY FIRST NEAREST THE DATE OF SUCH WRITTEN
APPROVAL.
S 6.05. CRITERIA FOR CULTURAL DEVELOPMENT AREA DESIGNATION. 1. IN
DESIGNATING AN AREA AS A CULTURAL DEVELOPMENT AREA, A LOCAL GOVERNMENT
SHALL ADOPT A PLAN WHICH DEMONSTRATES HOW AN AREA MEETS THE CRITERIA
ESTABLISHED IN THIS ARTICLE FOR SUCH DESIGNATION, AND PROVIDES SUCH
OTHER DEMONSTRATIONS AS ARE REQUIRED BY THIS ARTICLE. SUCH PLAN SHALL BE
INCLUDED IN THE LOCAL LAW DESIGNATING A CULTURAL DEVELOPMENT AREA.
2. TO BE DESIGNATED AS A CULTURAL DEVELOPMENT AREA BY A LOCAL GOVERN-
MENT AN AREA:
(A) MUST BE CHARACTERIZED BY THE EXISTENCE OF ONE OR MORE ARTS CORPO-
RATIONS. SOLELY FOR THE PURPOSES OF AN APPLICATION, IT SHALL BE SUFFI-
CIENT FOR THE CHIEF EXECUTIVE OF THE LOCAL GOVERNMENT IN WHICH SUCH CDA
IS PROPOSED TO BE LOCATED TO CERTIFY ONE OR MORE ENTITIES AS AN ARTS
CORPORATION, OR TO CERTIFY THAT THE PROPOSED CDA WILL CONTAIN ONE OR
MORE ARTS CORPORATIONS WITHIN A YEAR OF ITS DESIGNATION;
(B) SHALL NOT EXCEED TWO SQUARE MILES, AND SHALL BE DEFINED BY ONE OR
MORE BORDERS AS DETERMINED BY THE APPLICANT, WHICH, WHERE APPROPRIATE,
SHALL INCLUDE MAJOR NATURAL OR MAN-MADE PHYSICAL BOUNDARIES, SUCH AS
BODIES OF WATER, RAILROAD LINES, OR LIMITED ACCESS HIGHWAYS. SUCH
BORDERS MUST BE CONTIGUOUS;
(C) SHALL INCLUDE AT LEAST TWENTY-FIVE PERCENT OF THE TOTAL LAND
AND/OR THE TOTAL SQUARE FOOTAGE OF FACILITIES AS VACANT, ABANDONED, OR
OTHERWISE AVAILABLE FOR COMMERCIAL DEVELOPMENT OR REDEVELOPMENT, OR
DEVELOPMENT OR REDEVELOPMENT OF APPROPRIATE ANCILLARY BUSINESSES AND
SERVICES.
LANDS NEARBY OR CONTIGUOUS TO CENSUS TRACTS OR BLOCK NUMBERING AREAS
DESCRIBED IN THIS SUBDIVISION MAY BE INCLUDED WITHIN A CULTURAL DEVELOP-
MENT AREA UPON APPROVAL BY THE COMMISSIONER IF THE APPLICANT SHALL
DEMONSTRATE TO THE COMMISSIONER'S SATISFACTION THAT SUCH ADDITIONAL
LANDS HAVE SIGNIFICANT POTENTIAL FOR ARTS AND CULTURAL DEVELOPMENT AND
A. 4837 7
JOB CREATION, WHICH WILL ENHANCE ECONOMIC REVITALIZATION OF THE AREA AND
BENEFIT AREA RESIDENTS.
3. THE PLAN SHALL DEMONSTRATE THAT THE CREATION OF A CULTURAL DEVELOP-
MENT AREA IS NECESSARY TO THE DEVELOPMENT, CONTINUATION, OR ENHANCEMENT
OF ONE OR MORE ARTS CORPORATIONS; OR NECESSARY TO THE PRESERVATION OF
CULTURAL HERITAGE; OR THE DEVELOPMENT, CONTINUATION, OR ENHANCEMENT OF
ARTS CORPORATIONS WITHIN SUCH AREA SHALL LEAD TO DEVELOPMENT WITHIN THE
AREA OF ADDITIONAL ARTS CORPORATIONS AND SERVICES, OR THE DEVELOPMENT OF
INFRASTRUCTURE THAT WILL STIMULATE THE DEVELOPMENT OF AN ARTS COMMUNITY
WITHIN THE CDA. ADDITIONALLY, THE PLAN SHALL DEMONSTRATE THAT THE DEVEL-
OPMENT, CONTINUATION, PRESERVATION, OR ENHANCEMENT OF ARTS AND CULTURAL
CORPORATIONS, CULTURAL FACILITIES, AND ANCILLARY BUSINESSES AND SERVICES
AS ENVISIONED THEREIN WILL HAVE A POSITIVE IMPACT IN THE FORM OF:
(A) DIRECT, INDIRECT, AND INDUCED REVENUES TO THE LOCAL ECONOMY,
INCLUDING SUBSTANTIAL PUBLIC AND PRIVATE COMMITMENTS TO A LONG-TERM
ECONOMIC REVITALIZATION PROGRAM FOR THE AREA;
(B) SHORT-TERM AND LONG-TERM JOB CREATION, INCLUDING THE POTENTIAL OF
THE AREA TO ATTRACT INVESTMENT THAT WILL PROVIDE EMPLOYMENT TO PERSONS
IN THE AREA WHO ARE UNEMPLOYED OR ECONOMICALLY DISADVANTAGED; PROVIDED,
HOWEVER, THAT MEASURES OF JOB CREATION SHALL BE ON A FULL-TIME EQUIV-
ALENCY BASIS;
(C) INCREASES IN PER CAPITA INCOME WITHIN THE AREA AND WITHIN THE
JURISDICTION OF THE LOCAL GOVERNMENT;
(D) RECLAMATION OF ABANDONED, UNUSED, OR UNDER-UTILIZED PROPERTY,
LAND, OR BUILDINGS;
(E) ENHANCEMENT OF STATE AND LOCAL TAX REVENUES; AND
(F) OTHER APPROPRIATE MEASURES OF INCREASED ECONOMIC ACTIVITY OR
CAPACITY THAT ARE CONSISTENT WITH THE SPIRIT AND INTENT OF THIS ARTICLE.
4. ADDITIONALLY, THE PLAN AND THE SUBMISSION TO THE COMMISSIONER FOR
APPROVAL OF THE AREA SHALL INCLUDE EVIDENCE OF PREVIOUS, CONCURRENT OR
PROPOSED ECONOMIC DEVELOPMENT INITIATIVES, WHICH WOULD EITHER SUPPLE-
MENT, OR BE ENHANCED BY, A CULTURE AREA; IDENTIFICATION OF SPECIFIC
INFRASTRUCTURE DEVELOPMENT, OR CAPITAL IMPROVEMENTS, AND THE INTENDED
USAGES THAT WILL BE SUPPORTED BY THE DESIGNATION OF THE AREA AS A CDA;
IDENTIFICATION OF ANY CAPITAL IMPROVEMENTS THAT MUST BE COMPLETED PRIOR
TO THE AVAILABILITY OF SUCH STRUCTURES FOR PUBLIC USE; AND A SPECIFIC
TIMELINE FOR THE COMPLETION OF SUCH PROJECTS, AND THE ANTICIPATED
OUTCOME OF CULTURE AREA DESIGNATION. THE APPLICANT SHALL DEMONSTRATE
LOCAL CAPACITY TO MANAGE SUCH A PROGRAM, DEMONSTRATE THE MANNER IN WHICH
THE OVERALL AREA PLAN ENUNCIATES THE NEEDS OF THE AREA AND SETS FORTH
PROPOSALS TO SOLVE THEM, AND THE MANNER IN WHICH PROGRESS IN IMPLEMENT-
ING THE AREA PLAN WILL BE ROUTINELY EVALUATED ON THE LOCAL LEVEL AND HOW
INFORMATION ESSENTIAL FOR PERIODIC EVALUATIONS WILL BE COMPILED. THE
PLAN SHALL FURTHER INCLUDE:
(A) A STATEMENT INDICATING HOW CDA DESIGNATION WOULD ASSIST IN THE
REVITALIZATION OF THE AREA IN WHICH SUCH AREA IS PROPOSED TO BE LOCATED;
(B) A DESCRIPTION OF THE METHOD BY WHICH INDUSTRIAL DEVELOPMENT AGEN-
CIES OR OTHER PUBLIC FINANCE AGENCIES SHALL GRANT A PREFERENCE FOR ALLO-
CATION OF PRIVATE ACTIVITY BONDING AUTHORITY FOR PROJECTS LOCATED IN THE
PROPOSED CDA;
(C) A DESCRIPTION OF PROPOSALS FOR INFRASTRUCTURE IMPROVEMENTS AND
INVESTMENTS AND A TIMETABLE FOR THEIR COMPLETION;
(D) A STATEMENT IDENTIFYING THOSE LOCAL TAX INCENTIVES PROPOSED TO BE
OFFERED WITHIN THE AREA;
(E) A DESCRIPTION OF A PROCEDURE TO EXPEDITE THE ISSUANCE OF ANY
REQUIRED LOCAL PERMITS OR LICENSES;
A. 4837 8
(F) A DESCRIPTION OF OTHER ACTIVITIES TO BE UNDERTAKEN BY MUNICIPAL
AGENCIES, BUSINESS ENTITIES, NOT-FOR-PROFIT CORPORATIONS,
COMMUNITY-BASED ORGANIZATIONS OR ANY OTHER PERSONS, WHICH ARE DESIGNED
TO PROMOTE PRIVATE SECTOR INVESTMENT AND JOB DEVELOPMENT IN THE CDA AND
A DESCRIPTION OF THE JOB TRAINING OR JOB PLACEMENT SERVICES TO BE MADE
AVAILABLE TO CDA RESIDENTS IN NEED OF SUCH TRAINING OR SERVICES;
(G) AN INVENTORY OF REAL PROPERTY LOCATED WITHIN THE PROPOSED CDA THAT
IS OWNED BY A MUNICIPALITY OR THE STATE AND IS CURRENTLY UNUSED BY THE
MUNICIPALITY OR THE STATE;
(H) A DESCRIPTION OF THE BUSINESS DEVELOPMENT PROGRAMS AND SERVICES TO
BE AVAILABLE TO STIMULATE THE CREATION OF NEW SMALL BUSINESSES, INCLUD-
ING NEW SMALL MINORITY AND WOMEN BUSINESS ENTERPRISES;
(I) A DESCRIPTION OF EFFORTS THAT WILL BE UNDERTAKEN TO PREVENT OR
DISCOURAGE THE DISPLACEMENT OF RESIDENTS OF THE PROPOSED CDA;
(J) A DESCRIPTION OF ACTIVITIES DESIGNED TO ENSURE THE MEANINGFUL
PARTICIPATION OF MINORITY-OWNED AND WOMEN-OWNED BUSINESS ENTERPRISES IN
CDA DEVELOPMENT ACTIVITIES;
(K) A DESCRIPTION OF PROVISIONS FOR THE PARTICIPATION OF NOT-FOR-PRO-
FIT CULTURAL AND BUSINESS CORPORATIONS IN THE DEVELOPMENT OF THE PLAN
AND IN STRATEGIES FOR IMPLEMENTATION OF THE PLAN;
(L) A DESCRIPTION OF THE MARKETING STRATEGY TO BE EMPLOYED BY THE
APPLICANT TO PROMOTE DEVELOPMENT IN THE AREA AND THE RESOURCES TO BE
COMMITTED BY THE APPLICANT AND OTHER ORGANIZATIONS TO THE IMPLEMENTATION
OF SUCH STRATEGY;
(M) A DESCRIPTION OF THE METHOD BY WHICH THE APPLICANT WILL EVALUATE
THE SUCCESS OF ANY ACTIVITIES TO BE UNDERTAKEN IN THE PROPOSED CDA,
PROVIDED, HOWEVER, THAT THE APPLICANT SHALL TAKE INTO CONSIDERATION THE
FACTORS UPON WHICH THE SELECTION OF THE AREA WAS BASED IN ANY EVALU-
ATION;
(N) A DESCRIPTION OF PROVISIONS FOR PARTICIPATION AND ALLOCATION OF
FUNDS BY THE AFFECTED SERVICE DELIVERY AREA PRIVATE INDUSTRY COUNCIL AND
ADMINISTRATIVE ENTITY ESTABLISHED PURSUANT TO THE JOB TRAINING PARTNER-
SHIP ACT (P.L. 97-300, AS AMENDED) TO PROVIDE JOB TRAINING IN THE AREA;
(O) A STATEMENT OF THE REASONS WHY THE PARTICULAR GEOGRAPHIC CONFIG-
URATION OF THE AREA WAS SELECTED;
(P) A DESCRIPTION OF THE STRUCTURE AND DUTIES OF THE LOCAL AREA ADMIN-
ISTRATIVE BOARD TO BE ESTABLISHED WITHIN EACH CDA AS PROVIDED IN THIS
ARTICLE;
(Q) A DESCRIPTION OF THE SPECIAL PROGRAMS TO BE OPERATED BY EDUCA-
TIONAL INSTITUTIONS AND OTHER TRAINING ENTITIES IN THE AREA TO PREPARE
AND TRAIN AREA RESIDENTS FOR EMPLOYMENT BY BUSINESSES LOCATED WITHIN AND
OUTSIDE THE AREA;
(R) A STATEMENT FROM THE APPROPRIATE REGIONAL ECONOMIC DEVELOPMENT
COUNCIL SETTING FORTH THE SPECIFIC RESOURCES TO BE ALLOCATED FOR BUSI-
NESS DEVELOPMENT IN THE AREA;
(S) A DESCRIPTION OF FACILITIES FOR LICENSED AND CERTIFIED CHILD DAY
CARE FOR THE CHILDREN OF PERSONS ENGAGED IN TRAINING FOR EMPLOYMENT IN,
OR EMPLOYED IN, THE AREA;
(T) DESCRIPTION OF SPECIFIC STRATEGIES AND PRIORITIES FOR ECONOMIC
REVITALIZATION OF THE AREA AND OF INDICATORS TO BE USED TO MEASURE
PERFORMANCE AGAINST OBJECTIVES;
(U) A STATEMENT OF HUMAN RESOURCE DEVELOPMENT GOALS FOR THE CDA AND
SPECIFIC STRATEGIES FOR ACHIEVING THEM;
(V) A DESCRIPTION OF HOW THE APPLICANT WILL USE AREA DESIGNATION TO
COORDINATE ECONOMIC DEVELOPMENT PROGRAMS AND PROVIDERS AT THE LOCAL
LEVEL TO SERVICE THE AREA;
A. 4837 9
(W) A DESCRIPTION OF THE ORGANIZATIONAL ACTIONS TO BE TAKEN BY THE
LOCAL CDA ADMINISTRATIVE BOARD AND AREA ADMINISTRATIVE ENTITIES TO
IMPLEMENT SPECIFIED BUSINESS, COMMUNITY AND HUMAN RESOURCE DEVELOPMENT
GOALS AND STRATEGIES; AND
(X) A DESCRIPTION OF THE FINANCIAL COMMITMENTS WHICH THE APPLICANT IS
PREPARED TO MAKE TO THE AREA, INCLUDING, BUT NOT LIMITED TO, SPECIFIC
COMMITMENTS FOR INFRASTRUCTURE IMPROVEMENTS.
S 6.06. DESIGNATION OF CULTURAL ASSETS. 1. THERE SHALL BE A TOTAL OF
ONE HUNDRED CULTURAL ASSETS DESIGNATED IN NEW YORK, LOCATED IN AND
DESIGNATED BY THE GOVERNING BODY OF ANY COUNTY, CITY, TOWN OR VILLAGE,
PROVIDED, HOWEVER, THAT NO CULTURAL ASSET MAY BE LOCATED WITHIN THE
BOUNDARIES OF ANY DESIGNATED CULTURAL DEVELOPMENT AREA. ON THE NEXT
JANUARY FIRST SUCCEEDING THE EFFECTIVE DATE OF THIS ARTICLE, EVERY COUN-
TY, CITY, TOWN OR VILLAGE ACTING ON RECOMMENDATION OF ITS CHIEF EXECU-
TIVE, MAY DESIGNATE A CULTURAL ASSET. SUCH DESIGNATION SHALL MEET THE
CRITERIA AND PROCESS ESTABLISHED IN THIS ARTICLE FOR DESIGNATION OF A
CULTURAL DEVELOPMENT AREA, INCLUDING THE PASSAGE OF A LOCAL LAW, BUT
SHALL NOT BE EFFECTIVE UNTIL AFTER APPROVAL IN WRITING BY THE COMMIS-
SIONER. SUBMISSION TO THE COMMISSIONER FOR APPROVAL MAY OCCUR AT ANY
TIME PRIOR TO OR AFTER SUCH JANUARY FIRST DATE, AND THE CULTURAL ASSET
SHALL BECOME EFFECTIVE ON THE PRIOR OR NEXT SUCCEEDING JANUARY FIRST
NEAREST THE DATE OF SUCH WRITTEN APPROVAL.
2. A CULTURAL ASSET MAY BE ANY SINGLE BUILDING OWNED IN WHOLE OR IN
PART BY AN ARTS CORPORATION THE PURPOSE FOR WHICH IS THE PRESENTATION OR
EXHIBITION OR CREATION OF ARTISTIC OR CULTURAL PERFORMANCES OR EXHIBITS
TO THE PUBLIC.
S 6.07. CRITERIA FOR DESIGNATION OF A CULTURAL ASSET. THE COMMISSIONER
SHALL ESTABLISH A SET OF CRITERIA FOR THE DESIGNATION OF A CULTURAL
ASSET CONSISTENT WITH THOSE CRITERIA ESTABLISHED IN SECTION 6.05 OF THIS
ARTICLE, PROVIDED THAT THE COMMISSIONER SHALL ADOPT THE PROVISIONS OF
THAT SECTION AS NECESSARY FOR THE DESIGNATION OF CULTURAL ASSETS.
S 6.08. RESPONSIBILITIES OF THE COMMISSIONER. THE COMMISSIONER SHALL:
1. AFTER CONSULTATION WITH THE DIRECTOR OF THE BUDGET, THE COMMISSION-
ER OF TAXATION AND FINANCE, AND THE CHAIRPERSON OF THE COUNCIL ON THE
ARTS, PROMULGATE REGULATIONS WHICH SHALL NOT EXCEED THE REQUIREMENTS
ESTABLISHED IN THIS ARTICLE, GOVERNING CRITERIA FOR ELIGIBILITY FOR
CULTURAL DEVELOPMENT AREA DESIGNATION, PROVIDED, HOWEVER, THAT SUCH
CRITERIA BE APPROVED BY THE DIRECTOR OF THE BUDGET; THE APPLICATION
PROCESS; AND THE CERTIFICATION OR, AS APPROPRIATE, THE ELIGIBILITY, OF
ARTS CORPORATIONS, CULTURAL FACILITIES, AND SERVICES FOR BENEFITS
REFERRED TO IN THIS ARTICLE.
2. PROMULGATE REGULATIONS, AFTER CONSULTATION WITH THE CHAIRPERSON OF
THE COUNCIL ON THE ARTS CONCERNING JOINT DECERTIFICATION BY THE COMMIS-
SIONER AND THE LOCAL AREA CERTIFICATION OFFICER SO AS TO REVOKE THE
CERTIFICATION OF ARTS CORPORATIONS FOR BENEFITS REFERRED TO IN THIS
ARTICLE UPON A FINDING THAT THE ARTS CORPORATION:
(A) MADE MATERIAL MISREPRESENTATIONS OF FACT ON ITS APPLICATION FOR
CERTIFICATION, OR FAILED TO DISCLOSE FACTS IN ITS APPLICATION FOR
CERTIFICATION THAT WOULD CONSTITUTE GROUNDS FOR NOT ISSUING A CERTIF-
ICATION;
(B) FAILED TO CONSTRUCT, EXPAND, REHABILITATE OR OPERATE ITS FACILITY
SUBSTANTIALLY IN ACCORDANCE WITH THE REPRESENTATIONS CONTAINED IN ITS
APPLICATION FOR CERTIFICATION;
(C) FAILED TO SUBMIT AN ANNUAL REPORT OR FAILED TO SUBMIT OTHER
REQUIRED INFORMATION TO THE LOCAL CERTIFICATION OFFICER WHEN DUE; OR
A. 4837 10
(D) COMMITTED SUBSTANTIAL VIOLATIONS OF LAWS FOR THE PROTECTION OF
WORKERS INCLUDING ALL FEDERAL, STATE AND LOCAL LABOR LAWS, RULES OR
REGULATIONS.
SUCH REGULATIONS SHALL PROVIDE THAT WHENEVER ANY ARTS CORPORATION IS
DECERTIFIED THE DATE DETERMINED TO BE THE EARLIEST EVENT CONSTITUTING
GROUNDS FOR REVOKING CERTIFICATION SHALL BE THE EFFECTIVE DATE OF DECER-
TIFICATION, AND THE COMMISSIONER SHALL NOTIFY THE COMMISSIONER OF TAXA-
TION AND FINANCE THAT SUCH DECERTIFICATION HAS OCCURRED, AND SUCH
NOTIFICATION SHOULD INCLUDE THE EFFECTIVE DATE OF SUCH DECERTIFICATION
AND THE AREA TO WHICH SUCH DECERTIFICATION APPLIES.
3. RECEIVE AND REVIEW APPLICATIONS FOR DESIGNATION OF AREAS AS CDAS,
INCLUDING NEW APPLICATIONS TO REPLACE ANY PREVIOUSLY DESIGNATED AREA THE
DESIGNATION OF WHICH HAS BEEN TERMINATED OR WITHDRAWN.
4. FILE NOTICE OF THE DESIGNATION OR REDESIGNATION OF A CDA OR OF THE
REVISION OR TERMINATION OF SUCH DESIGNATION WITH THE APPLICANT, THE
DEPARTMENT OF TAXATION AND FINANCE, THE SECRETARY OF STATE, WITH THE
COUNTY, CITY, TOWN OR VILLAGE CLERK OF EACH COUNTY, CITY, TOWN, OR
VILLAGE, RESPECTIVELY, IN WHICH THE CDA IS LOCATED, WITH THE SCHOOL
DISTRICT GOVERNING BODY IN WHICH THE AREA IS LOCATED, WITH THE STATE
BOARD OF REAL PROPERTY SERVICES AND WITH OTHER STATE AND LOCAL ENTITIES.
SUCH NOTICE SHALL SPECIFY THE DATE SUCH ACTION WAS TAKEN AND SHALL
CONTAIN A DESCRIPTION SUFFICIENT TO IDENTIFY THE AREA, INCLUDING THE
NAMES OF THE ABUTTING STREETS, ROADS, HIGHWAYS, BODIES OF WATER, OR
OTHER IDENTIFYING PHYSICAL FEATURES.
5. REQUEST, AND SHALL RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD,
BUREAU, COMMISSION, AGENCY OR PUBLIC AUTHORITY OF THE STATE SUCH ASSIST-
ANCE AS MAY BE NECESSARY TO ESTABLISH A PROCEDURE WHEREBY APPLICATIONS
SUBMITTED BY ENTITIES LOCATED WITHIN A CDA REQUESTING FINANCIAL AND
OTHER ASSISTANCE PROVIDED BY STATE PROGRAMS, INCLUDING, BUT NOT LIMITED
TO, CAPITAL DEVELOPMENT, HUMAN RESOURCE DEVELOPMENT, BUSINESS ASSIST-
ANCE, JOB TRAINING AND JOB PLACEMENT, SHALL, CONSISTENT WITH FEDERAL
LAW, BE GIVEN PRIORITY OVER APPLICATIONS SUBMITTED BY ENTITIES NOT
LOCATED IN SUCH AREAS.
6. ESTABLISH A PRIORITY FOR THE ALLOCATION OF AUTHORITY TO ISSUE
PRIVATE ACTIVITY BONDS FOR THE BENEFIT OF MUNICIPALITIES AND ARTS CORPO-
RATIONS LOCATED OR TO BE LOCATED WITHIN CULTURAL DEVELOPMENT AREAS.
7. COORDINATE, WITH THE LOCAL AREA ADMINISTRATIVE BOARD AND STATE
AGENCIES AND AUTHORITIES, THE PROVISION OF DEVELOPMENT PROGRAMS AND
SERVICES FOR EACH AREA IN ORDER TO STIMULATE THE CREATION AND DEVELOP-
MENT OF NEW ARTS CORPORATIONS, CULTURAL FACILITIES, AND SERVICES,
INCLUDING NEW SMALL MINORITY-OWNED AND WOMEN-OWNED BUSINESS ENTERPRISES,
AND MAY REQUEST AND SHALL RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD,
BUREAU, COMMISSION, AGENCY OR PUBLIC AUTHORITY OF THE STATE SUCH ASSIST-
ANCE AS MAY BE NECESSARY.
8. COORDINATE WITH THE COMPTROLLER AND THE COMMISSIONER OF TAXATION
AND FINANCE A LINKED DEPOSIT PROGRAM. THE COMPTROLLER AND THE COMMIS-
SIONER OF TAXATION AND FINANCE ARE HEREBY AUTHORIZED AND EMPOWERED TO
ENTER INTO AGREEMENTS WITH FINANCIAL INSTITUTIONS LOCATED IN OR SERVING
THE CDAS, TO PROVIDE FOR THE DEPOSIT OF FUNDS ADMINISTERED JOINTLY BY
THEM IN SUCH INSTITUTIONS, AT REDUCED RATES OF RETURN TO THE STATE, IN
RETURN FOR COMMITMENTS BY SUCH INSTITUTIONS TO BUSINESSES OF LOANS OF
COMPARABLE AMOUNTS, AT REDUCED INTEREST RATES, FOR BUSINESS DEVELOPMENT
PROJECTS IN THE AREAS THAT WILL CREATE OR PRESERVE JOBS.
9. ASSIST EACH LOCAL CDA BOARD IN PREPARING A DEVELOPMENT PLAN AS
REQUIRED BY THIS ARTICLE AND COORDINATE WITH THE LOCAL AREA ADMINISTRA-
TIVE BOARD AND STATE AGENCIES AND AUTHORITIES THE DEVELOPMENT OF ARTS
A. 4837 11
CORPORATION AND CULTURAL FACILITIES PROCUREMENT, EXPORT, AND MARKETING
PROGRAMS.
10. CONTRACT WITH A STATEWIDE ARTS GROUP WHICH HAS HAD EXPERIENCE IN
THE DEVELOPMENT OF CULTURAL DEVELOPMENT AREAS IN NEW YORK FOR PROGRAM
EVALUATION AND COORDINATE THE IMPLEMENTATION OF AN EVALUATION SYSTEM,
WHICH IS CAPABLE OF COMPILING AND ANALYZING ACCURATE AND CONSISTENT
INFORMATION NECESSARY FOR AN ASSESSMENT OF WHETHER STATUTORY OBJECTIVES
AND CRITERIA ARE BEING MET.
11. REVIEW PERFORMANCE OBJECTIVES AND PROGRESS IN MEETING OBJECTIVES
WITH CDA BOARDS AND AREA ADMINISTRATIVE ENTITIES AS PART OF THE ANNUAL
ADMINISTRATIVE CONTRACT PROCESS.
12. COORDINATE WITH THE DEPARTMENT OF LABOR, THE STATE EDUCATION
DEPARTMENT, THE JOB TRAINING PARTNERSHIP COUNCIL AND AGENCIES OF THE
STATE THE INCLUSION IN ANNUAL AND BIENNIAL PLANS OF SUCH ENTITIES' STRA-
TEGIES FOR INCREASING AND IMPROVING HUMAN RESOURCE DEVELOPMENT SERVICES
ON A PRIORITY BASIS, CONSISTENT WITH FEDERAL STATUTORY AND REGULATORY
REQUIREMENTS, TO RESIDENTS OF THE AREAS AND EMPLOYEES OF AREA BUSI-
NESSES, INCLUDING, BUT NOT LIMITED TO, THE GOVERNOR'S PLAN FOR COORDI-
NATION AND SPECIAL SERVICES OF THE JOB TRAINING PARTNERSHIP COUNCIL, THE
JOBS PLAN AND WAGNER-PEYSER ANNUAL PLAN FOR SERVICES OF THE DEPARTMENT
OF LABOR, AND THE CAREER EDUCATION STATE PLAN OF THE STATE EDUCATION
DEPARTMENT.
13. ARRANGE WITH THE JOB TRAINING PARTNERSHIP COUNCIL THE PROVISION OF
JOB TRAINING PARTNERSHIP ACT FUNDS FOR USE WITHIN THE AREAS WITH THE
COOPERATION OF THE SERVICE DELIVERY AREAS IN THE GOVERNOR'S PLAN FOR
COORDINATION AND SPECIAL SERVICES.
14. SUBJECT TO THE AVAILABILITY OF FUNDS, ARRANGE FOR THE ALLOCATION
AND RESERVATION OF FUNDS FROM THE INFRASTRUCTURE IMPROVEMENT PROGRAMS OF
STATE AGENCIES AND AUTHORITIES TO ASSIST THE AREAS TO MAKE PUBLIC
IMPROVEMENTS NECESSARY FOR COMMUNITY, COMMERCIAL, INDUSTRIAL AND TOURISM
DEVELOPMENT PROJECTS IN SUPPORT OF AREA REVITALIZATION.
15. SYSTEMATICALLY ENLIST OTHER STATE AGENCIES AND AUTHORITIES TO
PARTICIPATE IN AREA PROGRAMS AND PROJECTS AND IN COOPERATIVE PLANNING OF
INTERAGENCY AREA ACTIVITIES IN SUPPORT OF AREA REVITALIZATION EFFORTS.
16. RECOMMEND FOR EMPIRE LOAN AND GRANT PROGRAMS OF THE DEPARTMENT OF
ECONOMIC DEVELOPMENT, URBAN DEVELOPMENT CORPORATION, JOB DEVELOPMENT
AUTHORITY, AND THE OFFICE OF SCIENCE, TECHNOLOGY AND ACADEMIC RESEARCH
SPECIAL TERMS AND CONDITIONS FOR VIABLE AREA PROJECTS AND PROGRAMS.
17. AWARD PREFERENCE TO BE GIVEN TO APPLICATIONS SUBMITTED BY OR ON
BEHALF OF AREAS FOR ENTREPRENEURIAL ASSISTANCE PROGRAMS UNDER ARTICLE
NINE OF THE ECONOMIC DEVELOPMENT LAW TO SUPPORT THE CREATION OF NEW
ENTREPRENEURIAL DEVELOPMENT AND ENTREPRENEURIAL SUPPORT CENTERS.
18. COORDINATE WITH THE URBAN DEVELOPMENT CORPORATION THE CREATION OF
A SPECIAL CATEGORY OF ASSISTANCE FOR AREAS WITHIN THE REGIONAL ECONOMIC
DEVELOPMENT PARTNERSHIP PROGRAM, WHICH WILL MAKE AVAILABLE ECONOMIC
DEVELOPMENT ASSISTANCE GRANTS FOR AREA PROGRAMS AND ACTIVITIES, INCLUD-
ING, BUT NOT LIMITED TO, PLANNING, SERVICE COORDINATION, AND LOCAL
INSTITUTIONAL CAPACITY BUILDING FOR HUMAN RESOURCE DEVELOPMENT NECESSARY
FOR ECONOMIC REVITALIZATION; PLANNING AND DEVELOPMENT OF SMALL BUSINESS
INCUBATORS; JOB PLACEMENT AND PREPAREDNESS PROGRAMS FOR AREA RESIDENTS;
EDUCATION AND TRAINING PROGRAMS FOR AREA BUSINESSES; CHILD CARE PROGRAMS
AND PROJECTS SUPPORTIVE OF BUSINESS DEVELOPMENT; TECHNICAL ASSISTANCE
FOR MINORITY AND WOMEN-OWNED BUSINESS DEVELOPMENT; TRAINING FOR AREA
OFFICIALS; BUSINESS AND TOURISM DEVELOPMENT AND MARKETING PROGRAMS; AND
OTHER INNOVATIVE PROGRAMS AND ACTIVITIES IN SUPPORT OF ECONOMIC AND
COMMUNITY DEVELOPMENT WITHIN THE AREAS.
A. 4837 12
19. ASSIST IN THE DEVELOPMENT OF A PLAN, IN COORDINATION WITH THE
HEALTH AND INSURANCE DEPARTMENTS, AND THE COUNCIL ON THE ARTS, TO ASSIST
AREAS IN OBTAINING AFFORDABLE EMPLOYEE HEALTH INSURANCE FOR ARTS CORPO-
RATIONS LOCATED WITHIN THE AREA.
S 6.09. NEW YORK STATE CULTURAL DEVELOPMENT AREAS ADVISORY COUNCIL.
THERE IS HEREBY ESTABLISHED THE NEW YORK STATE CULTURAL DEVELOPMENT
AREAS ADVISORY COUNCIL, TO BE COMPRISED OF ELEVEN MEMBERS APPOINTED BY
THE GOVERNOR. MEMBERS OF THE COUNCIL SHALL INCLUDE: THE COMMISSIONER OR
HIS OR HER DESIGNEE; THE CHAIRPERSON OF THE NEW YORK STATE COUNCIL ON
THE ARTS OR HIS OR HER DESIGNEE; THE CHAIRPERSON OF THE NEW YORK STATE
TOURISM ADVISORY COUNCIL OR HIS OR HER DESIGNEE; THREE MEMBERS SHALL BE
APPOINTED UPON THE RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE
SENATE; ONE MEMBER SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE
MINORITY LEADER OF THE SENATE; THREE MEMBERS SHALL BE APPOINTED UPON THE
RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY; AND ONE MEMBER SHALL BE
APPOINTED UPON THE RECOMMENDATION OF THE MINORITY LEADER OF THE ASSEM-
BLY. THE MEMBERS OF THE COUNCIL SHALL SERVE FOR TERMS OF TWO YEARS,
PROVIDED, HOWEVER, THAT OF THE MEMBERS FIRST APPOINTED, SIX SHALL SERVE
FOR TWO YEARS AND FIVE SHALL SERVE FOR THREE YEARS. MEMBERS SHALL
RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT SHALL BE ALLOWED THEIR
ACTUAL, NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES
AS COUNCIL MEMBERS. THE GOVERNOR SHALL DESIGNATE A CHAIRPERSON FROM THE
MEMBERS OF THE COUNCIL. THE MEMBERS OF THE COUNCIL SHALL ELECT ONE
PERSON TO SERVE AS THE VICE-CHAIRPERSON. THE VICE-CHAIRPERSON SHALL
REPRESENT THE COUNCIL IN THE ABSENCE OF THE CHAIRPERSON AT ALL OFFICIAL
COUNCIL FUNCTIONS. IN APPOINTING MEMBERS TO THE COUNCIL, THE GOVERNOR
SHALL ENSURE THAT SUCH MEMBERS INCLUDE REPRESENTATIVES OF ORGANIZATIONS
OF ARTS AND CULTURAL RELATED INDUSTRIES IN THE STATE, REPRESENTATIVES
WITH DISTINGUISHED ECONOMIC DEVELOPMENT BACKGROUNDS, AND REPRESENTATIVES
IN THE TOURISM INDUSTRY IN THE STATE. THE COUNCIL SHALL MEET AT LEAST
QUARTERLY, AT THE CALL OF THE COMMISSIONER OR AT THE CALL OF THE CHAIR
OF THE COUNCIL. THE DEPARTMENT AND THE STATE COUNCIL ON THE ARTS SHALL
PROVIDE TO THE COUNCIL ANY ASSISTANCE NECESSARY. THE PURPOSE OF THE
COUNCIL SHALL BE TO ADVISE LOCAL GOVERNMENTS ON APPLICATION FOR CULTURAL
DEVELOPMENT AREAS, TO PROVIDE ASSISTANCE IN COMPLETING AN APPLICATION
FOR DESIGNATION OF A CDA (INCLUDING AIDING APPLICANTS IN RECTIFYING AN
APPLICATION WHICH HAS NOT BEEN APPROVED BY THE COMMISSIONER), AND TO
MAKE RECOMMENDATIONS TO THE DEPARTMENT ON CULTURAL DEVELOPMENT AREAS. IN
CARRYING OUT ITS RESPONSIBILITIES PURSUANT TO THIS SECTION, THE COUNCIL
SHALL ASSIST THE DEPARTMENT IN OBTAINING ANY INFORMATION AS MAY BE
NECESSARY FOR APPROVING A CULTURAL DEVELOPMENT AREA.
S 6.10. NEW YORK STATE CULTURAL DEVELOPMENT AREAS EVALUATION. THE
COMMISSIONER SHALL CONTRACT WITH A STATEWIDE ARTS ORGANIZATION ENTITY
INDEPENDENT OF THE DEPARTMENT, AS REQUIRED BY THIS ARTICLE, TO CONDUCT
AND SUBMIT TO THE GOVERNOR AND THE LEGISLATURE BY NO LATER THAN DECEMBER
THIRTY-FIRST, TWO THOUSAND ELEVEN, A COMPREHENSIVE EVALUATION OF THE
PERFORMANCE OF THE AREAS PROGRAM AND OF INDIVIDUAL AREAS ON MEETING
CRITERIA ESTABLISHED PURSUANT TO THIS ARTICLE. THE EVALUATION SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
1. WHETHER QUANTIFIABLE BENEFITS ATTRIBUTABLE TO THE PROGRAM JUSTIFY
ITS DIRECT COSTS TO THE STATE AND PARTICIPATING LOCALITIES.
2. WHETHER THE PROGRAM HAS CONTRIBUTED TO THE ECONOMIC REVITALIZATION
OF THE AREAS BY STIMULATING:
(A) THE CREATION AND RETENTION OF PERMANENT, FULL-TIME, QUALITY JOBS,
AS MEASURED ON A FULL-TIME EQUIVALENCY BASIS;
A. 4837 13
(B) THE CREATION, LOCATION AND EXPANSION OF ARTS CORPORATIONS,
CULTURAL FACILITIES, AND ANCILLARY BUSINESSES AND SERVICES IN THE AREAS;
(C) CAPITAL AND HUMAN RESOURCE INVESTMENTS BY AREA ENTITIES, INCLUDING
ARTS CORPORATIONS, CULTURAL FACILITIES, AND ANCILLARY BUSINESSES AND
SERVICES, AND BUSINESS DEVELOPMENT, INCLUDING TOURISM DEVELOPMENT, WITH-
IN THE AREAS AND THE SURROUNDING AREAS; AND
(D) PUBLIC AND PRIVATE INVESTMENTS IN AREA ENTITIES, INCLUDING ARTS
CORPORATIONS, CULTURAL FACILITIES, AND ANCILLARY BUSINESSES AND
SERVICES, AND ECONOMIC AND COMMUNITY DEVELOPMENT ACTIVITIES IMPORTANT
FOR ECONOMIC REVITALIZATION.
3. WHETHER THE PROGRAM HAS CREATED EMPLOYMENT AND ARTS CORPORATIONS,
CULTURAL FACILITIES, AND ANCILLARY BUSINESSES AND SERVICES DEVELOPMENT
OPPORTUNITIES FOR RESIDENTS OF THE AREAS AND JOB TRAINING OPPORTUNITIES
FOR RESIDENTS AND EMPLOYEES OF SUCH AREA ENTITIES.
4. WHETHER THE PROGRAM HAS:
(A) RESULTED IN NEW AND IMPROVED LOCAL ADMINISTRATIVE CAPACITY WITHIN
THE AREAS TO PLAN FOR AND CAPTURE ECONOMIC OPPORTUNITIES AND DELIVER AND
COORDINATE ECONOMIC, COMMUNITY AND HUMAN RESOURCE DEVELOPMENT SERVICES,
AND
(B) INCREASED COMMITMENTS OF LOCAL RESOURCES TO AREA REVITALIZATION,
INCLUDING SUPPORT FROM THE BUSINESS COMMUNITY.
5. WHETHER THE PROGRAM HAS STIMULATED ASSISTANCE FROM STATE, FEDERAL
AND OTHER ECONOMIC, COMMUNITY AND HUMAN RESOURCE DEVELOPMENT PROGRAMS
RELATIVE TO OTHER AREAS AND IMPROVED THE DELIVERY AND COORDINATION OF
STATE SERVICES TO THE AREAS.
6. WHETHER THE PROGRAM IS BEING MANAGED AND EVALUATED EFFECTIVELY AT
STATE AND LOCAL LEVELS.
S 6.11. SPECIAL PROVISIONS RELATING TO CULTURAL DEVELOPMENT AREAS.
BENEFITS PROVIDED TO ENTITIES AND ACTIVITIES WITHIN A CULTURAL DEVELOP-
MENT AREA INCLUDE THE FOLLOWING:
1. REAL PROPERTY TAXES. A CULTURAL FACILITY PROJECT IN A CULTURAL
DEVELOPMENT AREA SHALL BE ELIGIBLE FOR A REAL PROPERTY TAX EXEMPTION
PURSUANT TO SECTION FOUR HUNDRED EIGHTY-FIVE-E OF THE REAL PROPERTY TAX
LAW, AS IF SUCH PROJECT WERE REAL PROPERTY CONSTRUCTED, ALTERED,
INSTALLED OR IMPROVED IN AN EMPIRE ZONE. SOLELY FOR PURPOSES OF BENEFITS
PROVIDED PURSUANT TO THIS ARTICLE, AND ANY OTHER PROVISION OF ANY OTHER
LAW TO THE CONTRARY NOTWITHSTANDING, THE TERM "EMPIRE ZONE" IN SUCH
SECTION FOUR HUNDRED EIGHTY-FIVE-E SHALL BE DEEMED TO INCLUDE A CULTURAL
DEVELOPMENT AREA, AND REAL PROPERTY ELIGIBLE FOR SUCH EXEMPTION SHALL BE
LIMITED TO A CULTURAL FACILITY, AS DEFINED IN SECTION 6.03 OF THIS ARTI-
CLE.
2. CERTAIN UTILITY TAXES. AN ARTS CORPORATION, A CULTURAL FACILITY
PROJECT, OR A PARTNERSHIP IN WHICH AN ARTS CORPORATION IS A PARTNER IN A
CULTURAL DEVELOPMENT AREA SHALL BE ELIGIBLE FOR THE REDUCTION IN UTILITY
COSTS OF NON-RETAIL BUSINESS CUSTOMERS AND A CORRELATIVE TAX CREDIT
PROVIDED TO NON-RETAIL BUSINESS CUSTOMERS IN AN EMPIRE ZONE PURSUANT TO
SUBDIVISION EIGHT OF SECTION ONE HUNDRED EIGHTY-SIX-A OF THE TAX LAW.
SOLELY FOR PURPOSES OF BENEFITS PROVIDED PURSUANT TO THIS ARTICLE, AND
ANY OTHER PROVISION OF ANY OTHER LAW TO THE CONTRARY NOTWITHSTANDING,
THE TERM "EMPIRE ZONE" IN SUCH SECTION ONE HUNDRED EIGHTY-SIX-A OF THE
TAX LAW SHALL BE DEEMED TO INCLUDE A CULTURAL DEVELOPMENT AREA, AND
NON-RETAIL BUSINESS CUSTOMERS ELIGIBLE FOR SUCH EXEMPTION SHALL BE
LIMITED TO AND SHALL MEAN AND INCLUDE AN ARTS CORPORATION, A CULTURAL
FACILITY PROJECT, OR ANCILLARY BUSINESS AND SERVICES, AS DEFINED IN
SECTION 6.03 OF THIS ARTICLE, WITHOUT REGARD TO WHETHER SUCH ENTITY IS
RETAIL OR NON-RETAIL.
A. 4837 14
3. INVESTMENT TAX CREDIT AND EMPLOYMENT INCENTIVE CREDIT. AN ARTS
CORPORATION OR A CULTURAL FACILITY PROJECT IN A CULTURAL DEVELOPMENT
AREA SHALL BE ELIGIBLE FOR CREDITS AGAINST THE TAX IMPOSED UNDER ARTICLE
NINE-A OF THE TAX LAW (FRANCHISE TAX), BASED ON INVESTMENTS IN CERTAIN
ELIGIBLE PROPERTY IN A CULTURAL DEVELOPMENT AREA, TO THE EXTENT THAT A
TAXPAYER WOULD BE ELIGIBLE FOR CREDITS AGAINST THE TAX IMPOSED UNDER
ARTICLE NINE-A OF THE TAX LAW, BASED ON INVESTMENTS IN CERTAIN ELIGIBLE
PROPERTY IN AN EMPIRE ZONE, PURSUANT TO SUBDIVISIONS TWELVE-B AND
TWELVE-C OF SECTION TWO HUNDRED TEN OF THE TAX LAW. SOLELY FOR PURPOSES
OF BENEFITS PROVIDED PURSUANT TO THIS ARTICLE, AND ANY OTHER PROVISION
OF ANY OTHER LAW TO THE CONTRARY NOTWITHSTANDING, THE TERM "EMPIRE ZONE"
USED IN SUCH SUBDIVISIONS TWELVE-B AND TWELVE-C OF SECTION TWO HUNDRED
TEN OF THE TAX LAW SHALL BE DEEMED TO INCLUDE A CULTURAL DEVELOPMENT
AREA, AND TAXPAYERS ELIGIBLE FOR SUCH CREDIT SHALL BE LIMITED TO AND
SHALL MEAN AND INCLUDE AN ARTS CORPORATION, A CULTURAL FACILITY PROJECT,
OR A PARTNERSHIP IN WHICH THE ARTS CORPORATION IS A PARTNER, AS DEFINED
IN SECTION 6.03 OF THIS ARTICLE.
4. INVESTMENT TAX CREDIT. AN ARTS CORPORATION OR A CULTURAL FACILITY
PROJECT IN A CULTURAL DEVELOPMENT AREA SHALL BE ELIGIBLE FOR A CREDIT
AGAINST THE TAX IMPOSED UNDER ARTICLE TWENTY-TWO OF THE TAX LAW
(PERSONAL INCOME TAX), BASED ON INVESTMENTS IN CERTAIN ELIGIBLE PROPERTY
IN SUCH CULTURAL DEVELOPMENT AREA TO THE EXTENT THAT A TAXPAYER WOULD BE
ELIGIBLE FOR A CREDIT BASED ON INVESTMENTS IN CERTAIN ELIGIBLE PROPERTY
IN AN EMPIRE ZONE PURSUANT TO SUBSECTION (J) OF SECTION SIX HUNDRED SIX
OF THE TAX LAW. SOLELY FOR PURPOSES OF COMPUTING BENEFITS PROVIDED
PURSUANT TO THIS ARTICLE, AND ANY OTHER PROVISION OF ANY OTHER LAW TO
THE CONTRARY NOTWITHSTANDING, THE TERM "EMPIRE ZONE" USED IN SUCH
SUBSECTION (J) OF SECTION SIX HUNDRED SIX OF THE TAX LAW SHALL BE DEEMED
TO INCLUDE A CULTURAL DEVELOPMENT AREA, AND TAXPAYERS ELIGIBLE FOR SUCH
CREDIT SHALL BE LIMITED TO AND SHALL MEAN AND INCLUDE AN ARTS CORPO-
RATION, A CULTURAL FACILITY PROJECT, OR A PARTNERSHIP IN WHICH THE ARTS
CORPORATION IS A PARTNER, AS DEFINED IN SECTION 6.03 OF THIS ARTICLE.
5. WAGE TAX CREDIT. AN ARTS CORPORATION OR A CULTURAL FACILITY PROJECT
IN A CULTURAL DEVELOPMENT AREA SHALL BE ELIGIBLE FOR CREDITS AGAINST THE
TAXES IMPOSED UNDER ARTICLES NINE-A (FRANCHISE TAX), TWENTY-TWO
(PERSONAL INCOME TAX), THIRTY-TWO (FRANCHISE TAX ON BANKING CORPO-
RATIONS) AND THIRTY-THREE (FRANCHISE TAX ON INSURANCE CORPORATIONS) OF
THE TAX LAW, BASED ON WAGES PAID TO CERTAIN EMPLOYEES BY SUCH ARTS
CORPORATION, A CULTURAL FACILITY PROJECT, OR ANCILLARY BUSINESS AND
SERVICES TO THE EXTENT THAT A BUSINESS LOCATED IN AN EMPIRE ZONE OR IN
AN EQUIVALENT AREA WOULD BE ELIGIBLE FOR CREDITS AGAINST THE TAXES
IMPOSED UNDER ARTICLES NINE-A, TWENTY-TWO, THIRTY-TWO AND THIRTY-THREE
OF THE TAX LAW, BASED ON WAGES PAID TO CERTAIN EMPLOYEES EMPLOYED BY IT
PURSUANT TO SUBDIVISION NINETEEN OF SECTION TWO HUNDRED TEN, SUBSECTION
(K) OF SECTION SIX HUNDRED SIX, SUBSECTION (E) OF SECTION FOURTEEN
HUNDRED FIFTY-SIX AND SUBDIVISION (G) OF SECTION FIFTEEN HUNDRED ELEVEN,
RESPECTIVELY, OF THE TAX LAW. SOLELY FOR PURPOSES OF COMPUTING BENEFITS
PROVIDED PURSUANT TO THIS ARTICLE, AND ANY OTHER PROVISION OF ANY OTHER
LAW TO THE CONTRARY NOTWITHSTANDING, THE TERM "EMPIRE ZONE" USED IN SUCH
SUBDIVISION NINETEEN OF SECTION TWO HUNDRED TEN, SUBSECTION (K) OF
SECTION SIX HUNDRED SIX, SUBSECTION (E) OF SECTION FOURTEEN HUNDRED
FIFTY-SIX AND SUBDIVISION (G) OF SECTION FIFTEEN HUNDRED ELEVEN, RESPEC-
TIVELY, OF THE TAX LAW SHALL BE DEEMED TO INCLUDE A CULTURAL DEVELOPMENT
AREA, AND TAXPAYERS ELIGIBLE FOR SUCH CREDIT SHALL BE LIMITED TO AND
SHALL MEAN AND INCLUDE AN ARTS CORPORATION, A CULTURAL FACILITY PROJECT,
A. 4837 15
OR A PARTNERSHIP IN WHICH THE ARTS CORPORATION IS A PARTNER, AS DEFINED
IN SECTION 6.03 OF THIS ARTICLE.
6. SALES AND USE TAX. AN ARTS CORPORATION, A CULTURAL FACILITY
PROJECT, OR A PARTNERSHIP OF WHICH AN ARTS CORPORATION IS A PARTNER IN A
CULTURAL DEVELOPMENT AREA SHALL BE ELIGIBLE FOR REFUND OR CREDIT OF
PAYMENTS OF CERTAIN TAXES IMPOSED UNDER ARTICLE TWENTY-EIGHT (SALES AND
COMPENSATING USE TAXES) AND, AT LOCAL OPTION, PURSUANT TO THE AUTHORITY
OF ARTICLE TWENTY-NINE (TAXES AUTHORIZED FOR CITIES, COUNTIES AND SCHOOL
DISTRICTS) OF THE TAX LAW, WITH RESPECT TO PURCHASES OF MATERIALS USED
IN CONSTRUCTING, EXPANDING OR REHABILITATING CERTAIN BUSINESS PROPERTY
TO THE EXTENT THAT A BUSINESS LOCATED IN AN EMPIRE ZONE, WOULD BE ELIGI-
BLE FOR REFUND OR CREDIT OF PAYMENTS OF SUCH TAXES PURSUANT TO SUBDIVI-
SION (A) OF SECTION ELEVEN HUNDRED NINETEEN OF THE TAX LAW. SOLELY FOR
PURPOSES OF COMPUTING BENEFITS PROVIDED PURSUANT TO THIS ARTICLE, AND
ANY OTHER PROVISION OF ANY OTHER LAW TO THE CONTRARY NOTWITHSTANDING,
THE TERM "EMPIRE ZONE" USED IN SUCH SUBDIVISION (A) OF SECTION ELEVEN
HUNDRED NINETEEN OF THE TAX LAW SHALL BE DEEMED TO INCLUDE A CULTURAL
DEVELOPMENT AREA, AND TAXPAYERS ELIGIBLE FOR SUCH REFUND OR CREDIT SHALL
BE LIMITED TO AND SHALL MEAN AND INCLUDE AN ARTS CORPORATION, A CULTURAL
FACILITY PROJECT, OR A PARTNERSHIP IN WHICH THE ARTS CORPORATION IS A
PARTNER, AS DEFINED IN SECTION 6.03 OF THIS ARTICLE.
7. GAS OR ELECTRIC RATES. AN ARTS CORPORATION, A CULTURAL FACILITY
PROJECT, OR A PARTNERSHIP OF WHICH AN ARTS CORPORATION IS A PARTNER IN A
CULTURAL DEVELOPMENT AREA SHALL BE ELIGIBLE FOR AVAILABILITY OF SPECIAL
RATES GOVERNING THE PROVISION OF GAS OR ELECTRIC SERVICE TO THE EXTENT
AND FOR THE DURATION THAT A BUSINESS ENTERPRISE WOULD BE ELIGIBLE FOR
EMPIRE ZONE RATES GOVERNING THE PROVISION OF GAS OR ELECTRIC SERVICE
PURSUANT TO SUBDIVISION TWELVE-C OF SECTION SIXTY-SIX OF THE PUBLIC
SERVICE LAW. SOLELY FOR PURPOSES OF COMPUTING SUCH RATES PURSUANT TO
THIS ARTICLE, AND ANY OTHER PROVISION OF ANY OTHER LAW TO THE CONTRARY
NOTWITHSTANDING, THE TERM "EMPIRE ZONE" USED IN SUCH SUBDIVISION
TWELVE-C OF SECTION SIXTY-SIX OF THE PUBLIC SERVICE LAW SHALL BE DEEMED
TO INCLUDE A CULTURAL DEVELOPMENT AREA, AND ENTERPRISES ELIGIBLE FOR
SUCH RATES SHALL BE LIMITED TO AND SHALL MEAN AND INCLUDE AN ARTS CORPO-
RATION, A CULTURAL FACILITY PROJECT, OR A PARTNERSHIP IN WHICH THE ARTS
CORPORATION IS A PARTNER, AS DEFINED IN SECTION 6.03 OF THIS ARTICLE.
8. CAPITAL CORPORATION. A TAXPAYER MAKING QUALIFIED INVESTMENTS IN OR
CONTRIBUTIONS TO CULTURAL DEVELOPMENT AREA CAPITAL CORPORATIONS SHALL BE
ELIGIBLE FOR CREDITS AGAINST THE TAX IMPOSED UNDER ARTICLES NINE-A
(FRANCHISE TAX), TWENTY-TWO (PERSONAL INCOME TAX), THIRTY-TWO (FRANCHISE
TAX ON BANKING CORPORATIONS) AND THIRTY-THREE (FRANCHISE TAXES ON INSUR-
ANCE CORPORATIONS) OF THE TAX LAW, TO THE EXTENT THAT A TAXPAYER MAKING
SIMILAR QUALIFIED INVESTMENTS IN OR CONTRIBUTIONS TO EMPIRE ZONE CAPITAL
CORPORATIONS WOULD BE ELIGIBLE FOR SUCH CREDITS PURSUANT TO SUBDIVISION
TWENTY OF SECTION TWO HUNDRED TEN, SUBSECTION (L) OF SECTION SIX HUNDRED
SIX, SUBSECTION (D) OF SECTION FOURTEEN HUNDRED FIFTY-SIX, AND SUBDIVI-
SION (H) OF SECTION FIFTEEN HUNDRED ELEVEN OF THE TAX LAW. SOLELY FOR
PURPOSES OF COMPUTING SUCH RATES PURSUANT TO THIS ARTICLE, AND ANY OTHER
PROVISION OF ANY OTHER LAW TO THE CONTRARY NOTWITHSTANDING, THE TERM
"EMPIRE ZONE CAPITAL CORPORATION" USED IN SUCH SUBDIVISION TWENTY OF
SECTION TWO HUNDRED TEN, SUBSECTION (L) OF SECTION SIX HUNDRED SIX,
SUBSECTION (D) OF SECTION FOURTEEN HUNDRED FIFTY-SIX, AND SUBDIVISION
(H) OF SECTION FIFTEEN HUNDRED ELEVEN OF THE TAX LAW SHALL BE DEEMED TO
MEAN AND INCLUDE A CULTURAL DEVELOPMENT AREA CAPITAL CORPORATION.
A. 4837 16
S 6.12. DIVISION OF TAXES BY GOVERNMENTAL BODIES. 1. THE GOVERNING
BOARD OF ANY CITY, TOWN, VILLAGE OR COUNTY IN WHICH A CULTURAL DEVELOP-
MENT AREA IS LOCATED IS HEREBY AUTHORIZED AND EMPOWERED TO:
(A) ADOPT A LOCAL LAW PROVIDING THAT ANY TAXES LEVIED BY OR ON BEHALF
OF SUCH CITY, TOWN, VILLAGE OR COUNTY UPON TAXABLE REAL PROPERTY IN SUCH
AREA SHALL BE DIVIDED BASED ON THE AREA'S ORIGINAL TAXABLE VALUE AND ITS
INCREMENTAL VALUE AS DETERMINED IN SUBDIVISIONS THREE AND SIX OF THIS
SECTION, PROVIDED HOWEVER, THAT NO CITY, TOWN, VILLAGE OR COUNTY MAY
ADOPT A LOCAL LAW PROVIDING FOR SUCH A DIVISION OF TAXES IF:
(I) THE ORIGINAL TAXABLE VALUE OF THE AREA INVOLVED EXCEEDS A FIGURE
EQUAL TO TWENTY PERCENT OF THE TOTAL ASSESSED VALUE OF THAT MUNICI-
PALITY, EXCLUSIVE OF ANY INCREMENTAL VALUES FOR SUCH AREAS; OR
(II) THE LAND AREA OF THE AREA INVOLVED EXCEEDS A FIGURE EQUAL TO
TWENTY PERCENT OF THE TOTAL LAND AREA OF THE MUNICIPALITY.
(B) ADOPT A LOCAL LAW ESTABLISHING A SPECIAL CULTURAL DEVELOPMENT AREA
TAX INCREMENT FUND AND PROVIDING FOR THE DEPOSIT OF MONEYS INTO SUCH
FUND PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION.
2. IN NO EVENT SHALL THE DIVISION OF TAXES PURSUANT TO THIS SECTION BE
CONSTRUED AS RELIEVING PROPERTY OWNERS WITHIN THE DESIGNATED AREA OF
THEIR OBLIGATION FOR PAYING THE TAXES, IF ANY, LEVIED UPON THE ASSESSED
VALUE OF THEIR TAXABLE REAL PROPERTY.
3. AS SOON AS POSSIBLE AFTER ANY LOCAL LEGISLATIVE BODY HAS ADOPTED A
LOCAL LAW AS PROVIDED FOR IN PARAGRAPH (A) OF SUBDIVISION ONE OF THIS
SECTION, THE ASSESSOR WHO PREPARES THE ASSESSMENT ROLL USED FOR THE LEVY
OF SUCH COUNTY, CITY, TOWN AND VILLAGE TAXES SHALL CERTIFY THE "ORIGINAL
TAXABLE VALUE" OF EACH LOT AND PARCEL OF TAXABLE REAL PROPERTY IN THE
AREA INVOLVED. FOR THE PURPOSES OF THIS SECTION, "ORIGINAL TAXABLE
VALUE" SHALL BE THE ASSESSED VALUE AS OF THE LAST TAXABLE STATUS DATE
BEFORE THE DATE ON WHICH A LOCAL LAW AUTHORIZING THE DIVISION OF TAXES
WAS ADOPTED.
4. WHENEVER ANY PROPERTY IN SUCH AN AREA IS OWNED BY THE CITY, TOWN,
VILLAGE OR COUNTY INVOLVED AND IS LEASED TO ANY PERSON OR PERSONS, SUCH
PROPERTY SHALL BE ASSESSED AND TAXED IN THE SAME MANNER AS PRIVATELY
OWNED PROPERTY, AND THE LEASE OR CONTRACT BETWEEN THE CITY, TOWN,
VILLAGE OR COUNTY INVOLVED AND SUCH PERSON OR PERSONS SHALL PROVIDE THAT
THE LESSEE SHALL PAY TAXES UPON THE ASSESSED VALUE OF THE ENTIRE PROPER-
TY AND NOT MERELY UPON THE ASSESSED VALUE OF HIS, HER OR ITS LEASEHOLD
INTEREST.
5. IN EACH YEAR SUBSEQUENT TO THE DETERMINATION OF THE ORIGINAL TAXA-
BLE VALUE OF EACH LOT AND PARCEL OF TAXABLE REAL PROPERTY IN SUCH AN
AREA THE ASSESSOR SHALL COMPUTE AND CERTIFY THE NET AMOUNT BY WHICH THE
TAXABLE VALUE OF ALL SUCH LOTS AND PARCELS HAS INCREASED OR DECREASED IN
COMPARISON WITH THE ORIGINAL TAXABLE VALUE OF ALL SUCH LOTS AND PARCELS.
THE NET AMOUNT OF THE INCREASE OR DECREASE IS REFERRED TO IN THIS
SECTION AS THE "INCREMENTAL VALUE" OR THE "LOST VALUE" FOR THAT YEAR, AS
THE CASE MAY BE.
6. IN ANY YEAR WHEN THERE IS AN INCREMENTAL VALUE, THE TAX LEVYING
BODY SHALL EXTEND THE TAXES OF EACH CITY, TOWN, VILLAGE OR COUNTY, WHICH
HAS ADOPTED A LOCAL LAW PURSUANT TO THIS SECTION, AGAINST THE INCRE-
MENTAL VALUE AS WELL AS THE ORIGINAL TAXABLE VALUE, AND THE AMOUNT OF
TAXES RECEIVED FROM SUCH EXTENSION AGAINST THE INCREMENTAL VALUE IS
REFERRED TO IN THIS SECTION AS THE TAX INCREMENT FOR THAT YEAR.
7. THE CITY, TOWN, VILLAGE OR COUNTY OFFICIAL RESPONSIBLE FOR RECEIV-
ING REAL PROPERTY TAX PAYMENTS SHALL SEGREGATE EACH YEAR ALL TAX INCRE-
MENTS FROM THE DESIGNATED AREA AND TRANSMIT SUCH INCREMENTS TO THE CITY,
TOWN, VILLAGE OR COUNTY TREASURER WHO SHALL DEPOSIT SUCH MONIES IN A
A. 4837 17
SPECIAL CULTURAL DEVELOPMENT AREA TAX INCREMENT FUND FROM WHICH THE
LOCAL LEGISLATIVE BODY MAY AUTHORIZE PAYMENTS FOR INFRASTRUCTURE
IMPROVEMENTS AUTHORIZED IN SUCH MUNICIPALITY'S CULTURAL DEVELOPMENT AREA
DEVELOPMENT PLAN FOR THE AREA INVOLVED.
8. IN THE EVENT THAT ANY STATE OR LOCAL LAW GOVERNING THE CLASSIFICA-
TION OF REAL PROPERTY AND THEREBY DETERMINING THE PERCENTAGE OF MARKET
VALUE TO BE ASSESSED FOR REAL PROPERTY TAXATION PURPOSES IS AMENDED
HEREAFTER, THE INCREASE OR DECREASE IN ASSESSED VALUATION RESULTING
THEREFROM SHALL BE APPLIED PROPORTIONATELY IN EACH YEAR THEREAFTER TO
THE ORIGINAL TAXABLE VALUE AND INCREMENTAL VALUE OF THE AREA INVOLVED.
9. THE LOCAL LEGISLATIVE BODY OF THE CITY, TOWN, VILLAGE OR COUNTY OR
ITS DESIGNATED AGENCY MAY INVEST ANY FUNDS IN THE SPECIAL CULTURAL
DEVELOPMENT AREA TAX INCREMENT FUND NOT REQUIRED FOR IMMEDIATE DISBURSE-
MENT, IN PROPERTY OR SECURITIES IN WHICH PUBLIC BODIES MAY INVEST FUNDS
SUBJECT TO THEIR CONTROL.
10. IN ANY YEAR WHEN THERE IS A LOST VALUE, THE PROVISIONS OF THIS
SECTION SHALL NOT APPLY.
S 6.13. CULTURAL DEVELOPMENT AREA CAPITAL CORPORATIONS. 1. NO MORE
THAN THREE CULTURAL DEVELOPMENT AREA CAPITAL CORPORATIONS MAY BE ESTAB-
LISHED IN EACH CULTURAL DEVELOPMENT AREA FOR THE PURPOSE OF RAISING
FUNDS THROUGH PRIVATE AND PUBLIC GRANTS, DONATIONS OR INVESTMENTS, TO BE
USED IN MAKING INVESTMENTS IN, AND LOANS TO, ENTITIES CERTIFIED PURSUANT
TO THIS ARTICLE. AN AREA CAPITAL CORPORATION MAY SERVE ONE OR MORE AREAS
WITHIN AN ECONOMIC DEVELOPMENT REGION OR AREAS WITHIN TWO OR MORE
REGIONS. PRIOR TO THE ESTABLISHMENT OF AN AREA CAPITAL CORPORATION, THE
AREA BOARD AND THE COMMISSIONER SHALL APPROVE THE FORMATION OF THE
PROPOSED AREA CAPITAL CORPORATION, ITS BOARD OF DIRECTORS AND MANAGE-
MENT, AND ITS PROCEDURES FOR MAKING, SERVICING AND MONITORING INVEST-
MENTS. IN NO EVENT, HOWEVER, SHALL A CAPITAL CORPORATION ACQUIRE AN
OWNERSHIP INTEREST IN ANY CERTIFIED ENTITY WHICH AMOUNTS TO MORE THAN
TWENTY-FIVE PERCENT OF THE OWNERSHIP INTEREST OF SUCH ENTITY. NO LOAN TO
OR INVESTMENT IN ANY ENTITY SHALL BE MADE BY A CAPITAL CORPORATION
LOCATED IN AN AREA WITHIN A TOWN WITH A POPULATION OF MORE THAN TWENTY-
FIVE THOUSAND, UNTIL SUCH CORPORATION HAS ACCUMULATED AT LEAST TWO
HUNDRED THOUSAND DOLLARS IN CAPITAL STOCK. NO LOAN OR INVESTMENT IN ANY
ENTITY SHALL BE MADE BY A CAPITAL CORPORATION LOCATED IN AN AREA WITHIN
A TOWN WITH A POPULATION OF LESS THAN TWENTY-FIVE THOUSAND UNTIL SUCH
CORPORATION HAS ACCUMULATED AT LEAST ONE HUNDRED THOUSAND DOLLARS IN
CAPITAL STOCK. AN AREA CAPITAL CORPORATION SHALL SUBMIT TO THE AREA
BOARD AN ANNUAL REPORT ON ITS ACTIVITIES.
2. EACH AREA CAPITAL CORPORATION SHALL ESTABLISH AN INVESTMENT COMMIT-
TEE FOR THE PURPOSE OF EVALUATING APPLICATIONS FOR LOANS AND EQUITY
INVESTMENTS. EACH COMMITTEE SHALL BE COMPRISED OF MEMBERS WHO POSSESS
THE REQUISITE BUSINESS AND FINANCIAL EXPERTISE NECESSARY TO EVALUATE
APPLICATIONS FOR LOANS AND/OR EQUITY INVESTMENTS.
3. EACH AREA CAPITAL CORPORATION SHALL, TO THE MAXIMUM EXTENT FEASI-
BLE, UNDERTAKE MEASURES AND PROCEDURES TO ENSURE MEANINGFUL PARTIC-
IPATION BY MINORITY-OWNED AND WOMEN-OWNED BUSINESS ENTERPRISES IN THE
ACTIVITIES AND INVESTMENTS OF SUCH CORPORATION. EACH SUCH CORPORATION
SHALL ADDITIONALLY, TO THE MAXIMUM EXTENT FEASIBLE, UNDERTAKE MEASURES
AND PROCEDURES TO ENSURE MEANINGFUL PARTICIPATION BY LOCALLY OWNED BUSI-
NESS ENTERPRISES IN THE ACTIVITIES AND INVESTMENTS OF SUCH CORPORATION.
4. THE TOTAL AMOUNT OF TAX CREDITS AVAILABLE TO EACH AREA PURSUANT TO
SUBDIVISION TWENTY OF SECTION TWO HUNDRED TEN, SUBSECTION (1) OF SECTION
SIX HUNDRED SIX, SUBSECTION (D) OF SECTION FOURTEEN HUNDRED FIFTY-SIX
AND SUBDIVISION (H) OF SECTION FIFTEEN HUNDRED ELEVEN OF THE TAX LAW,
A. 4837 18
SHALL BE TWO MILLION FIVE HUNDRED THOUSAND DOLLARS, (PROVIDED, HOWEVER,
THAT IN NO EVENT SHALL THE CREDITS AVAILABLE IN ANY AREA EXCEED FIVE
HUNDRED THOUSAND DOLLARS IN THE CASE OF QUALIFIED INVESTMENTS IN CERTI-
FIED ARTS CORPORATION).
5. APPORTIONMENT OF CREDITS WITHIN AN AREA BETWEEN CAPITAL INVESTMENTS
IN AND CONTRIBUTIONS TO AREA CAPITAL CORPORATIONS, DIRECT INVESTMENTS IN
CERTIFIED AREA BUSINESSES OR CONTRIBUTIONS TO COMMUNITY DEVELOPMENT
PROJECTS WILL BE DETERMINED AND ACCOUNTED FOR BY THE LOCAL AREA ADMINIS-
TRATIVE BOARD IN CONSULTATION WITH THE AREA ADMINISTRATIVE ENTITY,
SUBJECT TO REGULATIONS PROMULGATED BY THE COMMISSIONER. CREDITS NOT USED
BY AN AREA WITHIN FOUR YEARS OF THEIR APPORTIONMENT MAY, AFTER A PUBLIC
HEARING, BE REALLOCATED PURSUANT TO SUCH REGULATIONS. CERTIFICATIONS
UNDER SUBDIVISION TWENTY OF SECTION TWO HUNDRED TEN, SUBSECTION (1) OF
SECTION SIX HUNDRED SIX, SUBSECTION (D) OF SECTION FOURTEEN HUNDRED
FIFTY-SIX AND SUBDIVISION (H) OF SECTION FIFTEEN HUNDRED ELEVEN OF THE
TAX LAW SHALL BE CONSISTENT WITH THE PROVISIONS OF THIS SUBDIVISION.
6. THE COMMISSIONER SHALL PROMULGATE REGULATIONS GOVERNING THE CRITE-
RIA OF ELIGIBILITY FOR THE TAX CREDITS APPLICABLE TO DIRECT EQUITY
INVESTMENTS IN CERTIFIED AREA ENTITIES AND TO CONTRIBUTIONS TO COMMUNITY
DEVELOPMENT PROJECTS PROVIDED FOR IN THIS SECTION. SUCH REGULATIONS
SHALL ESTABLISH REQUIREMENTS INCLUDING, BUT NOT LIMITED TO:
(A) A DEMONSTRATION THAT THE INVESTMENT WILL CONTRIBUTE, SIGNIFICANT-
LY, TO AN ACTIVITY HAVING TANGIBLE ECONOMIC BENEFITS, SUCH AS START-UP,
EXPANSION OR MODERNIZATION OF SUCH AREA ENTITY;
(B) A DEMONSTRATION THAT THE INVESTMENT WILL SIGNIFICANTLY CONTRIBUTE
TO DEVELOPMENT, CONTINUATION, PRESERVATION, OR ENHANCEMENT OF ONE OR
MORE ARTS AND CULTURAL CORPORATIONS;
(C) A DEMONSTRATION THAT THE INVESTMENT IS NECESSARY TO THE PRESERVA-
TION OF CULTURAL HERITAGE;
(D) A DEMONSTRATION THAT THE DIRECT EQUITY INVESTMENT WILL LEAD TO
DEVELOPMENT WITHIN THE AREA OF ADDITIONAL ARTS CORPORATIONS AND ANCIL-
LARY BUSINESSES AND SERVICES, OR THE DEVELOPMENT OF INFRASTRUCTURE THAT
WILL STIMULATE THE DEVELOPMENT OF AN ARTS COMMUNITY WITHIN THE CULTURAL
DEVELOPMENT AREA;
(E) A DEMONSTRATION THAT THE CERTIFIED AREA ENTITY HAS THE POTENTIAL
TO CREATE JOBS, MEASURES ON A FULL-TIME EQUIVALENCY BASIS; AND
(F) A DEMONSTRATION THAT THE DIRECT EQUITY INVESTMENT IS NECESSARY TO
INCREASE THE AMOUNT OF CAPITAL AVAILABLE TO THE CERTIFIED AREA ENTITY,
PROVIDED, HOWEVER, THAT SUCH INVESTMENT IS NOT INTENDED NOR SHALL IT BE
USED TO REFINANCE EXISTING DEBT OR REPLACE EXISTING EQUITY IN SUCH AREA
BUSINESS.
7. IN ADDITION TO THE DUTIES SET FORTH ELSEWHERE IN THIS ARTICLE, THE
AREA ADMINISTRATIVE BOARD SHALL, CONSISTENT WITH THE REGULATIONS PROMUL-
GATED BY THE COMMISSIONER, DETERMINE THE ELIGIBILITY OF DIRECT EQUITY
INVESTMENTS IN CERTIFIED AREA ENTITIES AND CONTRIBUTIONS TO COMMUNITY
CULTURAL DEVELOPMENT PROJECTS FOR THE TAX CREDITS AVAILABLE TO SUCH
AREA. SUCH DETERMINATION BY THE AREA ADMINISTRATIVE BOARD SHALL BE
SUBJECT TO REVIEW BY THE COMMISSIONER IN HIS OR HER DISCRETION. THE
COMMISSIONER, UPON REVIEW OF AN AREA BOARD DETERMINATION MADE PURSUANT
TO THIS SUBDIVISION, SHALL ACCEPT OR REJECT SUCH DETERMINATION AS MAY BE
DEEMED APPROPRIATE.
S 6.14. APPROVAL OF CULTURAL DEVELOPMENT AREAS. 1. THE COMMISSIONER
SHALL APPROVE THE DESIGNATION OF A CULTURAL DEVELOPMENT AREA IN WRITING
WITHIN NINETY DAYS OF SUBMISSION TO HIM BY THE LOCAL GOVERNMENT FOR SUCH
APPROVAL IF HE OR SHE SHALL FIND THAT THE AREA MEETS THE CRITERIA ESTAB-
LISHED BY THIS ARTICLE FOR SUCH DESIGNATION. IF THE COMMISSIONER SHALL
A. 4837 19
FIND THAT THE APPLICATION DOES NOT MEET THE CRITERIA, HE SHALL RESPOND
TO THE APPLICANT IN WRITING WITHIN SUCH NINETY DAY PERIOD STATING THE
REASONS THE APPLICATION DOES NOT MEET THE CRITERIA AND IS NOT APPROVED.
THE COMMISSIONER SHALL REFER AN APPLICATION THAT IS NOT APPROVED TO THE
NEW YORK STATE ARTS AND CULTURAL DEVELOPMENT AREAS ADVISORY COUNCIL
WHICH SHALL AID THE APPLICANT IN RECTIFYING THE APPLICATION. AN APPLICA-
TION WHICH IS NOT APPROVED MAY BE RESUBMITTED AT ANY TIME.
2. A LOCAL GOVERNMENT SHALL SUBMIT WRITTEN DOCUMENTATION IN A FORM AND
MANNER PRESCRIBED BY THE COMMISSIONER BY REGULATIONS PROMULGATED BY THE
COMMISSIONER SHOWING THAT IT HAS MET SUCH CRITERIA. THE CHIEF EXECUTIVE
OF THE LOCAL GOVERNMENT SHALL ENSURE THAT THE INFORMATION CONTAINED
THEREIN, TO THE MAXIMUM EXTENT POSSIBLE, IS ACCURATE AND COMPLETE. EACH
SUCH APPLICATION SHALL INCLUDE THE CDA PLAN AND ADDITIONALLY SHALL:
(A) INCLUDE EVIDENCE OF THE ADOPTION OF A CDA DEVELOPMENT PLAN BY THE
LOCAL GOVERNING BODY OF THE AREA IN WHICH THE CDA IS TO BE LOCATED;
(B) IDENTIFY THE LOCAL CULTURAL DEVELOPMENT AREA CERTIFICATION OFFICER
AND LOCAL CULTURAL DEVELOPMENT AREA ADMINISTRATIVE BOARD;
(C) INCLUDE A MAP OF THE AREA COMPRISING THE PROPOSED CULTURAL DEVEL-
OPMENT AREA SHOWING EXISTING STREETS, HIGHWAYS, WATERWAYS, NATURAL BOUN-
DARIES AND OTHER PHYSICAL FEATURES;
(D) INCLUDE EVIDENCE THAT THE APPLICANT HAS, TO THE MAXIMUM EXTENT
FEASIBLE, SOLICITED AND CONSIDERED THE VIEWS OF RESIDENTS OF THE
PROPOSED CDA AND THE LOCAL GOVERNMENTAL AND PRIVATE ORGANIZATIONS
REPRESENTING SUCH RESIDENTS;
(E) INCLUDE A STATEMENT FROM THE PRIVATE INDUSTRY COUNCIL GOVERNING
BOARD OF THE SERVICE DELIVERY AREA ESTABLISHED UNDER THE JOB TRAINING
PARTNERSHIP ACT (P.L. 97-300, AS AMENDED) THAT ENCOMPASSES THE PROPOSED
CDA SETTING FORTH THE ASSISTANCE TO BE PROVIDED AND THE RESOURCES TO BE
ALLOCATED FOR THE TRAINING OF RESIDENTS IN THE AREA AND THE OPERATION OF
JOB TRAINING PROGRAMS;
(F) INCLUDE A STATEMENT FROM THE INDUSTRIAL DEVELOPMENT AUTHORITY
SERVING THE MUNICIPALITY IN WHICH THE AREA IS LOCATED AND FROM ANY OTHER
DEVELOPMENT FINANCE ENTITY SUPPORTED BY PUBLIC MONEY SETTING FORTH THE
ASSISTANCE TO BE PROVIDED AND THE RESOURCES TO BE ALLOCATED TO DEVELOP-
MENT ACTIVITIES IN THE AREA;
(G) SPECIFY GOALS AND OBJECTIVES, BOTH SHORT TERM AND LONG TERM, FOR
THE ECONOMIC REVITALIZATION OF THE PROPOSED AREA;
(H) INCLUDE A DESCRIPTION OF PLANS AND STRATEGIES FOR PROVIDING AND
IMPROVING HUMAN RESOURCE DEVELOPMENT SERVICES TO RESIDENTS OF THE AREA
COMPRISING THE PROPOSED AREA AND TO EMPLOYEES OF BUSINESSES WITHIN SAID
AREA, AND THE METHODS BY WHICH PERFORMANCE IN IMPLEMENTING SAID PLANS
AND STRATEGIES WILL BE EVALUATED;
(I) IDENTIFY FINANCIAL COMMITMENTS THE LOCAL GOVERNMENT WILL MAKE TO
THE AREA FOR ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, MARKETING OF THE
AREA FOR DEVELOPMENT, HUMAN RESOURCE SERVICES FOR AREA RESIDENTS AND
ENTITIES, AND SERVICES FOR SMALL AND MINORITY AND WOMEN-OWNED BUSI-
NESSES;
(J) IDENTIFY PUBLICLY CONTROLLED AND OTHER DEVELOPABLE LANDS AND
BUILDINGS WITHIN THE PROPOSED AREA WHICH ARE OR COULD BE MADE AVAILABLE
FOR DEVELOPMENT; AND
(K) PROVIDE DOCUMENTATION CONCERNING THE LEVEL OF LOCAL PARTICIPATION
INCLUDING, BUT NOT LIMITED TO, LOCAL TAX INCENTIVES AND THE PROVISION OF
LOCAL SERVICES.
S 6.15. LOCAL ADMINISTRATION OF CULTURAL DEVELOPMENT AREAS. 1. THE
LOCAL CULTURAL DEVELOPMENT AREA CERTIFICATION OFFICER SHALL NOT SERVE ON
THE LOCAL CULTURAL DEVELOPMENT AREA ADMINISTRATIVE BOARD AND SHALL,
A. 4837 20
PURSUANT TO REGULATIONS PROMULGATED BY THE COMMISSIONER PURSUANT TO THIS
ARTICLE, JOINTLY CERTIFY TOGETHER WITH THE COMMISSIONER AND, IF THE
ENTITY IS AN ARTS CORPORATION, WITH THE CHAIRPERSON OF THE COUNCIL ON
THE ARTS, THOSE ENTITIES ELIGIBLE TO RECEIVE BENEFITS PURSUANT TO THIS
ARTICLE; PROVIDED, HOWEVER, THAT SUCH CERTIFICATION SHALL BE GOVERNED BY
CRITERIA INCLUDING, BUT NOT LIMITED TO,
(A) WHETHER THE ENTITY, IF CERTIFIED, IS REASONABLY LIKELY TO CREATE
NEW EMPLOYMENT OR PREVENT A LOSS OF EMPLOYMENT IN THE AREA;
(B) WHETHER SUCH NEW EMPLOYMENT OPPORTUNITIES WILL BE FOR INDIVIDUALS
WHO WILL PERFORM A SUBSTANTIAL PART OF THEIR EMPLOYMENT ACTIVITIES IN
THE AREA;
(C) WHETHER CERTIFICATION WILL HAVE THE UNDESIRED EFFECT OF CAUSING
INDIVIDUALS TO TRANSFER FROM EXISTING EMPLOYMENT WITH ANOTHER ENTITY TO
SIMILAR EMPLOYMENT WITH THE ENTITY SO CERTIFIED, AND TRANSFERRING EXIST-
ING EMPLOYMENT FROM ONE OR MORE OTHER MUNICIPALITIES, TOWNS OR VILLAGES
IN THE STATE, OR TRANSFERRING EXISTING EMPLOYMENT FROM ONE OR MORE OTHER
BUSINESSES IN THE AREA, PROVIDED THAT THIS CRITERIA SHALL NOT BE APPLIED
TO ARTS CORPORATIONS;
(D) WHETHER SUCH ENTERPRISE IS LIKELY TO ENHANCE THE ECONOMIC OR
CULTURAL CLIMATE OF THE AREA;
(E) WHETHER SUCH ENTERPRISE, DURING THE THREE YEARS PRECEDING THE
SUBMISSION OF AN APPLICATION FOR CERTIFICATION, HAS ENGAGED IN A
SUBSTANTIAL VIOLATION OR A PATTERN OF VIOLATIONS OF LAWS REGULATING
UNEMPLOYMENT INSURANCE, WORKERS' COMPENSATION, PUBLIC WORK, CHILD LABOR,
EMPLOYMENT OF MINORITIES AND WOMEN, SAFETY AND HEALTH, OR OTHER LAWS FOR
THE PROTECTION OF WORKERS AS DETERMINED BY FINAL JUDGMENT OF A JUDICIAL
OR ADMINISTRATIVE PROCEEDING;
(F) WHETHER SUCH CERTIFICATION IS NECESSARY TO PRESERVE THE START-UP,
MAINTENANCE, CONTINUATION, EXPANSION, OR FURTHER DEVELOPMENT OF AN ENTI-
TY THAT IS AN ARTS CORPORATION OR CULTURAL FACILITY, OR IS NECESSARY FOR
CULTURAL PRESERVATION OR EXPANSION OF EDUCATIONAL OPPORTUNITIES.
2. ANY ENTITY THAT APPLIES FOR ANY TAX, UTILITY RATE, OR MANAGEMENT
ASSISTANCE BENEFITS PROVIDED BY THIS ARTICLE SHALL PROVIDE NINETY DAYS
WRITTEN NOTICE TO THE COMMISSIONER, THE LOCAL CULTURAL DEVELOPMENT AREA
CERTIFICATION OFFICER, THE LOCAL CULTURAL DEVELOPMENT AREA ADMINISTRA-
TIVE BOARD AND THE EMPLOYEES OF SUCH BUSINESS ENTERPRISE OF ANY INTENT
TO CLOSE OR PARTIALLY CLOSE A FACILITY WITHIN THE CULTURAL DEVELOPMENT
AREA. FOR THE PURPOSES OF THIS SECTION, "CLOSING" MEANS THE PERMANENT
TERMINATION OF EMPLOYMENT AT A BUSINESS FACILITY, AND "PARTIAL CLOSING"
MEANS THE PERMANENT TERMINATION OF A PORTION OF THE EMPLOYMENT AT A
BUSINESS FACILITY THAT WILL EITHER IMMEDIATELY REDUCE THE WORK FORCE BY
AT LEAST FIFTY EMPLOYEES OR WILL REDUCE THE WORK FORCE BY AT LEAST FIFTY
PERCENT OVER A ONE-YEAR PERIOD.
3. AN ARTS CORPORATION, A CULTURAL FACILITY, OR SERVICE MEETING THE
REQUIREMENTS ESTABLISHED IN THIS SECTION SHALL BE CERTIFIED, AND SHALL
BE ELIGIBLE FOR THE BENEFITS PROVIDED FOR IN THIS ARTICLE TO THE EXTENT
PROVIDED HEREIN.
4. THE LOCAL CULTURAL DEVELOPMENT AREA ADMINISTRATIVE BOARD SHALL:
(A) DEVELOP SHORT-TERM GOALS FOR AREA ACTIVITIES ON AN ANNUAL BASIS;
(B) PREPARE, OR CAUSE TO BE PREPARED, AN ANNUAL REPORT AND SUBMIT
COPIES TO THE DEPARTMENT OF AUDIT AND CONTROL, DEPARTMENT OF TAXATION
AND FINANCE, THE CHAIRPERSON OF THE COUNCIL ON THE ARTS, THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY AND DEPARTMENT OF
ECONOMIC DEVELOPMENT ON OR BEFORE THE FIRST DAY OF JULY NEXT SUCCEEDING
THE YEAR TO WHICH THE REPORT PERTAINS, REGARDING CULTURAL DEVELOPMENT
AREA ACTIVITIES, INCLUDING INFORMATION WHICH WOULD ALLOW FOR SUBSTANTIVE
A. 4837 21
REVIEW OF THE AREA'S STRATEGIES AND PROGRESS OF THE AREA IN MEETING ITS
SHORT-TERM OBJECTIVES, AND AN ANALYSIS OF THE EXTENT TO WHICH THE LONG-
TERM GOALS SET FORTH IN THE CULTURAL DEVELOPMENT AREA PLAN AND APPLICA-
TION HAVE BEEN MET. THE AREA ADMINISTRATIVE ENTITIES AND OTHER LOCAL
OFFICIALS AND AGENCIES SHALL FULLY COOPERATE WITH THE AREA ADMINISTRA-
TIVE BOARD IN THE ANNUAL PERFORMANCE REVIEW AND IN THE BOARD'S PERFORM-
ANCE OF ITS OTHER DUTIES. LOCAL OFFICIALS, STATE AGENCIES, AND CERTIFIED
ENTITIES SHALL PROVIDE INFORMATION REQUESTED BY THE AREA ADMINISTRATIVE
BOARD WHICH IS NECESSARY FOR SUCH REVIEW. SUCH REPORT SHALL ALSO
INCLUDE A CURRENT DESCRIPTION OF THE SPECIFIC STRATEGIES AND PRIORITIES
FOR ECONOMIC REVITALIZATION OF THE AREA, INCLUDING, BUT NOT LIMITED TO:
(I) THE NUMBER OF JOBS CREATED;
(II) THE NUMBER OF JOBS RETAINED;
(III) THE AMOUNT OF PRIVATE CAPITAL LEVERAGED WITH PUBLIC FUNDS;
(IV) THE NUMBER OF BUSINESSES EXPANDED OR RETAINED AND NEW BUSINESSES
CREATED, AND THE TYPE OF BUSINESSES EXPANDED, RETAINED OR CREATED;
(V) THE IMPROVEMENTS IN THE PHYSICAL INFRASTRUCTURE OF THE AREA;
(VI) THE CULTURAL HERITAGE IMPROVED, ADDED TO, OR PRESERVED.
THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO SET FORTH
STANDARDS TO BE USED TO MEASURE PERFORMANCE AGAINST OBJECTIVES ON AN
ANNUAL BASIS IN ORDER TO FACILITATE THE REQUIREMENTS OF THIS PARAGRAPH,
AND SHALL REQUIRE THAT FOR PURPOSES OF THE REPORT, ALL JOBS SHALL BE
MEASURED ON A FULL-TIME EQUIVALENCY BASIS;
(C) UNDERTAKE EFFORTS TO ENSURE MEANINGFUL PARTICIPATION BY MINORITY-
OWNED AND WOMEN-OWNED BUSINESS ENTERPRISES IN CULTURAL DEVELOPMENT AREA
ACTIVITIES;
(D) ENTER INTO AGREEMENTS WITH THE COMMISSIONERS OF ECONOMIC DEVELOP-
MENT, LABOR, AND SOCIAL SERVICES, LOCAL DEPARTMENTS OF SOCIAL SERVICES,
AND LOCAL EDUCATION AGENCIES AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION
ONE OF SECTION THREE THOUSAND THIRTY-TWO OF THE EDUCATION LAW, LOCAL
COMMUNITY-BASED ORGANIZATIONS, PRIVATE EMPLOYERS, LABOR UNIONS, THE
ADMINISTRATIVE ENTITY AND PRIVATE INDUSTRY COUNCIL FOR THE SERVICE
DELIVERY AREA ESTABLISHED UNDER THE JOB TRAINING PARTNERSHIP ACT (P.L.
97-300, AS AMENDED) THAT INCLUDES THE CULTURAL DEVELOPMENT AREA, AND ANY
OTHER PERSON OR STATE OR FEDERAL AGENCY FOR THE PURPOSE OF ESTABLISHING,
IMPLEMENTING AND COORDINATING JOB TRAINING PROGRAMS FOR WORKERS AND
BUSINESSES TO BE LOCATED IN A CULTURAL DEVELOPMENT AREA; PROVIDED,
HOWEVER, THAT:
(I) ANY AGREEMENT TO ESTABLISH A JOB TRAINING PROGRAM DESIGNED TO MEET
THE SPECIFIC NEEDS OF AN EMPLOYER SHALL REQUIRE SUCH EMPLOYER TO RETAIN
IN ITS EMPLOY FOR NOT LESS THAN SIX MONTHS AN EMPLOYEE WHO HAS SATISFAC-
TORILY COMPLETED A COURSE OF TRAINING FOR A PARTICULAR JOB OPENING
UNLESS SUCH EMPLOYEE VOLUNTARILY LEAVES SUCH EMPLOYMENT OR IS DISCHARGED
FOR MISCONDUCT OR OTHER GOOD CAUSE, SUCH EMPLOYMENT TO BE MEASURED ON A
FULL-TIME EQUIVALENCY BASIS; AND
(II) ANY JOB TRAINING PROGRAM ESTABLISHED PURSUANT TO THIS SECTION
SHALL MAKE USE OF THE COMMUNITY SERVICE DIVISION OF THE LABOR DEPARTMENT
AS WELL AS OTHER SOURCES FOR THE PURPOSE OF RECRUITMENT;
(E) IN COOPERATION WITH LOCAL SOCIAL SERVICES OFFICIALS, ESTABLISH A
JOB TRAINING OPPORTUNITIES PROGRAM SPONSORED BY PRIVATE EMPLOYERS;
(F) ENTER INTO AGREEMENTS WITH LOCAL DEPARTMENTS OF SOCIAL SERVICES OR
COMMUNITY-BASED ORGANIZATIONS TO FACILITATE THE PROVISION OF ANCILLARY
OR ENHANCED SOCIAL SERVICES, INCLUDING LICENSED AND CERTIFIED CHILD DAY
CARE, IN ANY SUCH AREA;
A. 4837 22
(G) ENSURE THAT JOB TRAINING PROGRAMS MEET STANDARDS OF INSTRUCTIONAL
QUALITY ESTABLISHED IN REGULATIONS PROMULGATED BY THE COMMISSIONER OF
EDUCATION;
(H) ORGANIZE OR USE AN EXISTING HUMAN RESOURCE DEVELOPMENT NETWORK
WITHIN THE AREA, INCLUDING A COMMITTEE OF REPRESENTATIVES OF HUMAN
RESOURCE AGENCIES AND ORGANIZATIONS SERVING THE AREA, ORGANIZED LABOR
AND BUSINESS REPRESENTATIVES, TO DEVELOP STRATEGIES AND ACTIVITIES FOR
IMPROVING THE COORDINATION AND DELIVERY OF HUMAN SERVICES TO RESIDENTS
OF THE AREA AND AREA BUSINESSES;
(I) PREPARE AND IMPLEMENT A SMALL BUSINESS DEVELOPMENT AND ASSISTANCE
PLAN;
(J) IN CONJUNCTION WITH AREA ADMINISTRATIVE ENTITIES, DEVELOP AND
IMPLEMENT A SYSTEM FOR CONTINUOUS MONITORING AND EVALUATION OF AREA
PERFORMANCE AT THE LOCAL LEVEL CONSISTENT WITH THE GUIDELINES SET FORTH
IN THIS ARTICLE;
(K) PROVIDE WITHIN THE AREA, OR CONTRACT WITH A NEW OR EXISTING COMMU-
NITY-BASED LOCAL DEVELOPMENT CORPORATION OR ENTITY TO PROVIDE, STRATEGIC
ECONOMIC DEVELOPMENT PLANNING FOR THE AREA, MARKETING AND PROMOTION OF
THE AREA, ASSISTANCE TO ENTITIES IN APPLYING FOR AVAILABLE BENEFITS,
PREPARATION OF APPLICATIONS FOR FINANCING ASSISTANCE AND OTHER TECHNICAL
ASSISTANCE SERVICES; COORDINATION OF THE DELIVERY OF STATE AND LOCAL
PROGRAMS WITHIN THE AREAS; AND OPERATION OF SUCH OTHER ECONOMIC DEVELOP-
MENT ASSISTANCE PROGRAMS IN FURTHERANCE OF THE CULTURAL DEVELOPMENT AREA
PLAN AS MAY BE APPROPRIATE. PROVIDED, HOWEVER, WITHIN THE AMOUNT APPRO-
PRIATED THEREFOR AND ALLOCATED BY THE DIRECTOR OF THE BUDGET, THE
COMMISSIONER, THROUGH ANNUAL ADMINISTRATIVE CONTRACTS, SHALL, TO THE
MAXIMUM EXTENT FEASIBLE, MAKE EQUALLY AVAILABLE FINANCIAL SUPPORT,
THROUGH CONTRACTS OR OTHER MEANS, TO ASSIST WITH THE ADMINISTRATIVE
EXPENSES OF THE LOCAL AREA ADMINISTRATIVE BODIES OR COMMUNITY-BASED
DEVELOPMENT ORGANIZATIONS. NO FUNDS SHALL BE MADE AVAILABLE FOR THIS
PURPOSE UNLESS THE AMOUNT TO BE PROVIDED HAS BEEN MATCHED BY PRIVATE OR
GOVERNMENTAL SOURCES, OTHER THAN STATE SOURCES, IN AMOUNTS AT LEAST
EQUALING THAT TO BE PROVIDED BY THE STATE. SUCH MATCHING FUNDS SHALL BE
EARMARKED AND USED EXCLUSIVELY FOR THE LOCAL ADMINISTRATION OF THE AREA
PROGRAM OR FOR ACTIVITIES OF THE AREA PROGRAM. AT LEAST FIFTY PERCENT OF
SUCH MATCHING FUNDS SHALL BE IN CASH, PROVIDED THAT THE COMMISSIONER MAY
WAIVE THIS REQUIREMENT FOR COMMUNITIES WITH POPULATIONS OF TWENTY-FIVE
THOUSAND OR LESS, AND PROVIDED, FURTHER, THAT ANY AMOUNTS APPROPRIATED
FOR MINORITY AND WOMEN-OWNED BUSINESS DEVELOPMENT WITHIN THE AREAS SHALL
BE DISTRIBUTED BY THE COMMISSIONER PURSUANT TO A COMPETITIVE PROPOSAL
SOLICITATION PROCESS.
(L) THE ANNUAL REPORT OF THE LOCAL CULTURAL DEVELOPMENT AREA ADMINIS-
TRATIVE BOARD REQUIRED BY THIS SECTION SHALL, SUBJECT TO PRIVACY LIMITA-
TIONS, INCLUDE, BUT NOT BE LIMITED TO A COMPLETE LIST OF ALL PROPERTY
WITHIN THE AREA, IF ANY, GRANTED AN EXEMPTION UNDER SECTION FOUR HUNDRED
EIGHTY-FIVE-E OF THE REAL PROPERTY TAX LAW, TOGETHER WITH THE ASSESSED
VALUE THEREOF AND THE AMOUNT OF SUCH EXEMPTION, FOR EACH MUNICIPAL
CORPORATION WHICH GRANTED SUCH EXEMPTION. SUCH LIST SHALL ALSO SET
FORTH FOR EACH MUNICIPAL CORPORATION GRANTING SUCH EXEMPTION:
(1) THE TAX RATE FOR THE YEAR TO WHICH THE REPORT PERTAINS;
(2) THE AMOUNT OF REAL PROPERTY TAX THAT WOULD HAVE BEEN PAID IN THE
AGGREGATE BY THE OWNERS OF REAL PROPERTY GRANTED AN EXEMPTION UNDER
SECTION FOUR HUNDRED EIGHTY-FIVE-E OF THE REAL PROPERTY TAX LAW IF THE
PROPERTY WAS FULLY TAXABLE AT THAT RATE;
(3) THE AMOUNT OF TAX ACTUALLY PAID IN THE AGGREGATE BY SUCH OWNERS;
A. 4837 23
(4) THE TOTAL INCREMENTAL VALUE, IF ANY, AS DEFINED IN SUBDIVISION (E)
OF SECTION NINE HUNDRED SIXTY-SEVEN OF THE GENERAL MUNICIPAL LAW, OF
TAXABLE REAL PROPERTY IN EACH CITY, TOWN, VILLAGE OR COUNTY WITHIN THE
CULTURAL DEVELOPMENT AREA, TOGETHER WITH THE TOTAL AMOUNT OF TAX INCRE-
MENTS WHICH ARE SEGREGATED PURSUANT TO SUBDIVISION (G) OF SUCH SECTION;
(5) THE TOTAL DOLLAR VALUE OF THE REFUND OR CREDIT OF TAXES IMPOSED
PURSUANT TO THE AUTHORITY OF ARTICLE TWENTY-NINE OF THE TAX LAW ON
RECEIPTS FROM THE SALE OF CERTAIN MATERIALS USED IN CONSTRUCTING,
EXPANDING OR REHABILITATING CERTAIN BUSINESS PROPERTY LOCATED IN THE
CULTURAL DEVELOPMENT AREA AS AUTHORIZED BY CLAUSE SIX OF SUBDIVISION (A)
OF SECTION ELEVEN HUNDRED NINETEEN OF THE TAX LAW;
(6) THE TOTAL DOLLAR VALUE OF THE REFUND OR CREDIT OF TAXES IMPOSED
UNDER ARTICLE TWENTY-EIGHT OF THE TAX LAW ON RECEIPTS FROM THE SALE OF
MATERIALS USED IN CONSTRUCTING, EXPANDING OR REHABILITATING CERTAIN
BUSINESS PROPERTY LOCATED IN THE CULTURAL DEVELOPMENT AREA, AS AUTHOR-
IZED BY CLAUSE SIX OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED NINETEEN
OF THE TAX LAW;
(7) THE NUMBER OF TAXPAYERS CLAIMING EACH OF THE FOLLOWING TAX CREDITS
OR REFUNDS, TOGETHER WITH THE TOTAL AMOUNT OF EACH CREDIT CLAIMED BY
TAXPAYERS IN THE AGGREGATE AGAINST THEIR TAXES IN THE YEAR TO WHICH THE
REPORT PERTAINS, RESULTING FROM TAXPAYER ACTIVITY IN THE CULTURAL DEVEL-
OPMENT AREA OR INVESTMENTS MADE BY TAXPAYERS IN THE CAPITAL CORPORATION
ESTABLISHED FOR THAT CULTURAL DEVELOPMENT AREA:
(A) CREDITS AGAINST THE TAX IMPOSED UNDER ARTICLE NINE-A OF THE TAX
LAW, BASED ON INVESTMENTS IN CERTAIN ELIGIBLE PROPERTY IN A CULTURAL
DEVELOPMENT AREA, AS AUTHORIZED BY SUBDIVISIONS TWELVE-B AND TWELVE-C OF
SECTION TWO HUNDRED TEN OF THE TAX LAW;
(B) CREDITS AGAINST THE TAX IMPOSED UNDER ARTICLE TWENTY-TWO OF THE
TAX LAW, BASED ON INVESTMENTS IN CERTAIN ELIGIBLE PROPERTY IN THE
CULTURAL DEVELOPMENT AREA, AS AUTHORIZED BY SUBSECTION (J) OF SECTION
SIX HUNDRED SIX OF THE TAX LAW;
(C) CREDITS AGAINST TAXES IMPOSED UNDER ARTICLES NINE-A, TWENTY-TWO,
THIRTY-TWO AND THIRTY-THREE OF THE TAX LAW, BASED ON WAGES PAID TO
CERTAIN EMPLOYEES EMPLOYED BY A BUSINESS LOCATED IN A CULTURAL DEVELOP-
MENT AREA, AS AUTHORIZED BY SUBDIVISION NINETEEN OF SECTION TWO HUNDRED
TEN, SUBSECTION (K) OF SECTION SIX HUNDRED SIX, SUBSECTION (E) OF
SECTION FOURTEEN HUNDRED FIFTY-SIX AND SUBDIVISION (G) OF SECTION
FIFTEEN HUNDRED ELEVEN, RESPECTIVELY, OF THE TAX LAW;
(D) CREDITS AGAINST THE TAX LAW IMPOSED UNDER ARTICLES NINE-A, TWEN-
TY-TWO, THIRTY-TWO AND THIRTY-THREE OF THE TAX LAW, BASED ON INVESTMENTS
IN THE STOCK OF A CULTURAL DEVELOPMENT AREA CAPITAL CORPORATION, AS
AUTHORIZED BY SUBDIVISION TWENTY OF SECTION TWO HUNDRED TEN, SUBDIVISION
(1) OF SECTION SIX HUNDRED SIX, SUBSECTION (D) OF SECTION FOURTEEN
HUNDRED FIFTY-SIX, AND SUBDIVISION (H) OF SECTION FIFTEEN HUNDRED ELEVEN
OF THE TAX LAW;
(E) THE TOTAL AMOUNT OF REDUCTIONS IN UTILITY COSTS OF NON-RETAIL
BUSINESS CUSTOMERS IN THE CULTURAL DEVELOPMENT AREA, AS AUTHORIZED BY
SUBDIVISION EIGHT OF SECTION ONE HUNDRED EIGHTY-SIX-A OF THE TAX LAW;
(F) A STATEMENT SUMMARIZING ALL AMOUNTS RECEIVED AS, AND EXPENDITURES
MADE FROM, FINANCIAL SUPPORT FOR ADMINISTRATIVE EXPENSES PURSUANT TO
THIS SECTION; AND
(G) ANY OTHER INFORMATION REGARDING CULTURAL DEVELOPMENT AREA ACTIV-
ITIES WHICH THE DEPARTMENT MAY REQUIRE UPON ITS OWN REQUEST OR THAT OF
THE DEPARTMENT OF AUDIT AND CONTROL, DEPARTMENT OF TAXATION AND FINANCE,
OR THE COUNCIL ON THE ARTS.
A. 4837 24
(8) IN ADDITION TO THE INFORMATION REQUIRED HEREINABOVE, SUCH REPORT
SHALL ALSO SET FORTH, WITH RESPECT TO ALL PREVIOUS YEARS FOR WHICH
REPORTS WERE ISSUED, A CUMULATIVE SUMMARY OF THE TOTAL AMOUNT OF REAL
PROPERTY TAXES THAT WOULD HAVE BEEN RECEIVED BY EACH MUNICIPAL CORPO-
RATION WITHIN THE AREA IF THE REAL PROPERTY GRANTED AN EXEMPTION UNDER
SECTION FOUR HUNDRED EIGHTY-FIVE-E OF THE REAL PROPERTY TAX LAW HAD BEEN
FULLY TAXED AT THE TAX RATE FOR THE APPROPRIATE YEAR, THE TOTAL AMOUNT
OF TAX INCREMENTS SEGREGATED FOR INFRASTRUCTURE IMPROVEMENTS BY EACH
CITY, TOWN, VILLAGE OR COUNTY WITHIN THE AREA, THE TOTAL AMOUNT OF EACH
OF THE CREDITS OR REFUNDS SET FORTH IN THIS SUBDIVISION FOR ACTIVITIES
OR INVESTMENTS WITHIN THE AREA, AND THE TOTAL AMOUNTS RECEIVED AND
EXPENDITURES MADE FROM ANY FINANCIAL SUPPORT PURSUANT TO THIS SECTION.
(9) AT THE REQUEST OF ANY LOCAL CULTURAL DEVELOPMENT AREA ADMINISTRA-
TIVE BOARD, THE DEPARTMENT OF TAXATION AND FINANCE, THE DEPARTMENT OF
ECONOMIC DEVELOPMENT, THE PUBLIC SERVICE COMMISSION AND ANY MUNICIPAL
CORPORATION WITHIN THE CULTURAL DEVELOPMENT AREA SHALL, TO THE EXTENT
THAT IT POSSESSES ANY OF THE INFORMATION REQUIRED BY THIS SECTION, AND
TO THE EXTENT THAT SUCH INFORMATION CAN BE DISCLOSED WITHOUT VIOLATING
THE SECRECY PROVISIONS CONTAINED IN SECTIONS TWO HUNDRED TWO, TWO
HUNDRED ELEVEN, SIX HUNDRED NINETY-SEVEN, ELEVEN HUNDRED FORTY-SIX,
TWELVE HUNDRED FIFTY, FOURTEEN HUNDRED SIXTY-SEVEN AND FIFTEEN HUNDRED
EIGHTEEN OF THE TAX LAW, PROVIDE THAT INFORMATION TO THE LOCAL CULTURAL
DEVELOPMENT AREA ADMINISTRATIVE BOARD FOR INCLUSION IN ITS ANNUAL
REPORT. THE AMOUNT OF ANY REAL PROPERTY TAXES REQUIRED TO BE SET FORTH
IN THE REPORT PURSUANT TO THIS SECTION SHALL BE COMPUTED AND FURNISHED
TO THE AREA'S ADMINISTRATIVE BOARD BY THE MUNICIPALITY WHICH LEVIED THE
TAX. THE FAILURE OF ANY CULTURAL DEVELOPMENT AREA ADMINISTRATIVE BOARD
TO PREPARE AND SUBMIT A REPORT AS REQUIRED BY THIS SECTION SHALL MAKE
THE BOARD OR OTHER COMMUNITY-BASED DEVELOPMENT ORGANIZATION INELIGIBLE
TO RECEIVE ANY FINANCIAL SUPPORT FOR ADMINISTRATIVE EXPENSES AUTHORIZED
BY THIS SECTION; PROVIDED, HOWEVER, THAT SUCH FINANCIAL ASSISTANCE SHALL
NOT BE WITHHELD ON ACCOUNT OF THE REPORT'S FAILURE TO INCLUDE ANY INFOR-
MATION WHICH IS REQUIRED BY THIS SECTION BUT IS NOT AVAILABLE TO THE
CULTURAL DEVELOPMENT AREA ADMINISTRATIVE BOARD.
S 6.16. DISPOSITION OF PROPERTY. 1. NOTWITHSTANDING ANY PROVISION OF
ANY OTHER LAW TO THE CONTRARY, IN ORDER TO FURTHER THE PURPOSES OF THE
CULTURAL DEVELOPMENT AREAS PROGRAM, ANY REAL OR PERSONAL PROPERTY
LOCATED WITHIN A CULTURAL DEVELOPMENT AREA AND OWNED BY ANY LOCAL
GOVERNMENTAL ENTITY IN WHOSE JURISDICTION A CULTURAL DEVELOPMENT AREA IS
LOCATED, MAY BE SOLD OR LEASED FOR A TERM NOT EXCEEDING NINETY-NINE
YEARS TO A PRIVATE USER, A COMMUNITY-BASED ORGANIZATION, A PUBLIC BENE-
FIT CORPORATION OR ANY OTHER PERSON; PROVIDED, HOWEVER, THAT EACH
CONTRACT FOR SUCH SALE, AND EACH SUCH LEASE, SHALL OBLIGATE THE BUYER OR
LESSEE TO COMPLY WITH THE PROVISIONS OF THIS ARTICLE AND THE CULTURAL
DEVELOPMENT AREA DEVELOPMENT PLAN FILED WITH THE COMMISSIONER PURSUANT
TO SECTION 6.05 OF THIS ARTICLE. SUCH OBLIGATIONS CONTAINED IN A
CONTRACT FOR THE SALE OF REAL PROPERTY SHALL SURVIVE DELIVERY OF THE
DEED. A BREACH BY THE BUYER OR LESSEE OF A MATERIAL OBLIGATION OF SUCH
CONTRACT OR LEASE SHALL, IN ADDITION TO ANY OTHER REMEDIES AVAILABLE TO
THE SELLER OR LESSOR UNDER THE CONTRACT, TERMINATE THE ELIGIBILITY OF
THE BUYER OR LESSEE FOR ANY BENEFITS PROVIDED IN THIS ARTICLE.
2. ANY REAL OR PERSONAL PROPERTY OWNED BY ANY LOCAL GOVERNMENTAL ENTI-
TY OR THE STATE AND LOCATED WITHIN A CULTURAL DEVELOPMENT AREA MAY BE
SOLD OR LEASED TO ANY PERSON PURSUANT TO THIS SECTION WITHOUT PUBLIC
BIDDING OR PUBLIC SALE; PROVIDED, HOWEVER, THAT THERE IS PUBLISHED IN AT
LEAST ONE NEWSPAPER OF GENERAL CIRCULATION IN THE MUNICIPALITY IN WHICH
A. 4837 25
THE CULTURAL DEVELOPMENT AREA IS LOCATED A NOTICE WHICH SHALL INCLUDE A
STATEMENT OF THE IDENTITY OF THE PROPOSED PURCHASER OR LESSEE AND A
DESCRIPTION OF ITS PROPOSED USE OR RE-USE OF THE PROPERTY, THE PRICE OR
RENTAL TO BE PAID BY SUCH PURCHASER OR LESSEE, ALL OTHER ESSENTIAL
CONDITIONS OF SUCH SALE OR LEASE, AND A STATEMENT THAT A PUBLIC HEARING
UPON SUCH SALE OR LEASE WILL BE HELD BY THE SELLER OR LESSOR OF THE
PROPERTY AT A SPECIFIED TIME AND PLACE ON A DATE NOT LESS THAN TEN DAYS
NOR MORE THAN THIRTY DAYS AFTER SUCH PUBLICATION, AND PROVIDED FURTHER
THAT SUCH PUBLIC HEARING IS HELD IN ACCORDANCE WITH SUCH NOTICE.
S 6.17. TERMINATION OR REVISION OF A CULTURAL DEVELOPMENT AREA. 1.
EXCEPT AS PROVIDED IN THIS SECTION, ANY DESIGNATION OF AN AREA AS A
CULTURAL DEVELOPMENT AREA SHALL REMAIN IN EFFECT DURING THE PERIOD
BEGINNING ON THE DATE OF DESIGNATION AND ENDING FIVE YEARS LATER. THE
COMMISSIONER MAY REVOKE A DESIGNATION PRIOR TO SUCH DATE IF HE OR SHE
FINDS THAT A PUBLIC INTEREST IS NOT BEING SERVED BY THE CULTURE AREA, OR
THAT PROPOSED PROJECTS IN THE AREA HAVE NOT BEEN COMPLETED OR ARE NOT
ADEQUATELY NEAR COMPLETION WITHIN THREE YEARS OF THE DATE OF DESIG-
NATION.
2. AFTER CONSULTATION WITH THE DIRECTOR OF THE BUDGET AND THE CHAIR-
PERSON OF THE COUNCIL ON THE ARTS, THE COMMISSIONER MAY TERMINATE THE
DESIGNATION OF AN AREA AS A CULTURAL DEVELOPMENT AREA UPON A FINDING
THAT:
(A) THE APPLICANT HAS FAILED SUBSTANTIALLY TO IMPLEMENT THE CULTURAL
DEVELOPMENT AREA DEVELOPMENT PLAN WITHIN THE TIME STATED THEREIN;
(B) THERE HAS BEEN NO SUBSTANTIAL BUSINESS DEVELOPMENT OR JOB CREATION
WITHIN THE AREA DESIGNATED AS A CULTURAL DEVELOPMENT AREA WITHIN FIVE
YEARS AFTER SUCH DESIGNATION;
(C) THERE HAS BEEN INADEQUATE MANAGEMENT AND EVALUATION OF THE AREA AT
THE LOCAL LEVEL; OR
(D) THE APPLICANT HAS REPEATEDLY FAILED TO COMPLY WITH PROGRAM REPORT-
ING REQUIREMENTS,
PROVIDED, HOWEVER, THAT NO TERMINATION SHALL OCCUR UNLESS AND UNTIL
WRITTEN NOTICE HAS BEEN GIVEN TO THE APPLICANT AND A PUBLIC HEARING HAS
BEEN HELD THIRTY DAYS PRIOR TO THE EFFECTIVE DATE OF SUCH TERMINATION.
3. THE GOVERNING BODY OF A CITY, COUNTY, TOWN OR VILLAGE MAY, BY
RESOLUTION, SUBMIT TO THE COMMISSIONER A REQUEST TO REVISE THE BOUNDA-
RIES OF AN EXISTING CULTURAL DEVELOPMENT AREA. THE COMMISSIONER MAY,
AFTER CONSULTATION WITH THE COMMISSIONER OF LABOR, APPROVE SUCH REVISION
SUBJECT TO THE FOLLOWING PROVISIONS:
(A) ANY REVISION OF THE BORDERS OF A CULTURAL DEVELOPMENT AREA SHALL
BE BASED UPON A DETERMINATION BY THE COMMISSIONER THAT A CHANGE IN
CIRCUMSTANCES HAS OCCURRED SINCE THE ESTABLISHMENT OF THE EXISTING
BORDERS WHICH MAKES REVISION OF SUCH BORDERS NECESSARY OR DESIRABLE.
(B) THE COMMISSIONER SHALL AFFIRM THAT SUCH REVISION WOULD NOT HAVE
THE EFFECT OF PRODUCING A CULTURAL DEVELOPMENT AREA WHICH DOES NOT
SATISFY THE CRITERIA FOR CULTURAL DEVELOPMENT AREA DESIGNATION ESTAB-
LISHED BY OR PURSUANT TO THIS ARTICLE.
(C) THE COMMISSIONER MAY GRANT APPROVAL OF REVISION OF THE BORDERS OF
A CULTURAL DEVELOPMENT AREA WITHOUT PUBLIC NOTICE AND WITHOUT HEARING IF
SUCH REVISION ADDS TERRITORY TO AN EXISTING CULTURAL DEVELOPMENT AREA
BUT DOES NOT REMOVE TERRITORY FROM SUCH AREA.
(D) THE COMMISSIONER MAY GRANT APPROVAL OF A REVISION OF THE BORDERS
OF A CULTURAL DEVELOPMENT AREA AFTER PUBLIC NOTICE OF SUCH PROPOSED
REVISION AND A PUBLIC HEARING AT LEAST THIRTY DAYS PRIOR TO THE EFFEC-
TIVE DATE OF SUCH REVISION, IF SUCH REVISION REMOVES TERRITORY FROM AN
EXISTING CULTURAL DEVELOPMENT AREA.
A. 4837 26
(E) THE REVISION OF THE BORDERS OF A CULTURAL DEVELOPMENT AREA SHALL
HAVE NO EFFECT ON THE DURATION OF THE DESIGNATION OF SUCH CULTURAL
DEVELOPMENT AREA AS PROVIDED BY SUBDIVISION ONE OF THIS SECTION.
(F) ANY REQUEST TO REVISE THE BOUNDARIES OF AN EXISTING CULTURAL
DEVELOPMENT AREA SUBMITTED TO THE COMMISSIONER ON OR AFTER JANUARY
FIFTEENTH, TWO THOUSAND TEN SHALL NOT RESULT IN THE FINAL DESIGNATION OF
LESS THAN FIFTY PERCENT OF THE EXISTING AREA'S UNDESIGNATED ACREAGE ON
OR AFTER SUCH DATE IN MORE THAN THREE NONCONTIGUOUS AREAS. ANY REQUEST
BY AN EXISTING AREA TO THE COMMISSIONER FOR THE DESIGNATION OF UP TO
TWENTY-FIVE PERCENT OF THE EXISTING AREA'S REMAINING UNDESIGNATED ACRE-
AGE ON OR AFTER SUCH DATE SHALL DEMONSTRATE THAT THE PROPOSED ACREAGE
OFFERS A SIGNIFICANT CONTRIBUTION TO THE ECONOMIC REVITALIZATION OF THE
AREA AND SURROUNDING AREA, TO INCLUDE THE CREATION OR RETENTION OF
PRIVATE SECTOR JOBS, OR A PLAN TO DEMONSTRATE THAT THE CAPITAL, HUMAN
RESOURCE, OR OTHER INVESTMENT BY BUSINESSES LOCATED WITHIN THE PROPOSED
ACREAGE WILL APPROXIMATE FIFTY PERCENT OF THE PROJECTED AGGREGATE AMOUNT
OF AREA BENEFITS TO BE RECEIVED BY THE CERTIFIED ENTITY LOCATED WITHIN
THE PROPOSED ACREAGE DURING THE FIRST TWELVE MONTHS FOLLOWING SUCH
DESIGNATION; AND THAT THE PROPOSED ACREAGE IS SERVICED, OR WILL BE
SERVICED, BY PUBLIC TRANSPORTATION AVAILABLE TO AREA OR COMMUNITY RESI-
DENTS, OR OTHER PROSPECTIVE EMPLOYEES, IN THOSE AREAS WHERE A PUBLIC
TRANSPORTATION SYSTEM ALREADY EXISTS AND WHERE SUCH SERVICE IS ECONOM-
ICALLY FEASIBLE; BUT ONLY AFTER PUBLIC NOTICE OF SUCH PROPOSED REVISION
AND A PUBLIC HEARING AT LEAST THIRTY DAYS PRIOR TO THE EFFECTIVE DATE OF
SUCH REVISION. PROVIDED, HOWEVER, IF AN EXISTING AREA DEMONSTRATES THAT
A PROJECT WHICH WILL ENHANCE THE ECONOMIC REVITALIZATION OF THE AREA AND
BENEFIT AREA RESIDENTS CANNOT BE INCLUDED WITHIN ONE OF THE THREE
NONCONTIGUOUS AREAS, AND UPON THE COMMISSIONER'S DETERMINATION THAT
INCLUSION OF SUCH ADDITIONAL NONCONTIGUOUS LANDS POSES SIGNIFICANT
POTENTIAL FOR ECONOMIC DEVELOPMENT, TO INCLUDE JOB CREATION OF NO LESS
THAN THREE HUNDRED NEW JOBS, MORE THAN TWENTY-FIVE PERCENT OF THE EXIST-
ING AREA'S UNDESIGNATED ACREAGE ON OR AFTER JANUARY FIFTEENTH, TWO THOU-
SAND NINE CAN BE USED IN MORE THAN THREE NONCONTIGUOUS AREAS, BUT ONLY
AFTER PUBLIC NOTICE OF SUCH PROPOSED REVISION AND A PUBLIC HEARING AT
LEAST THIRTY DAYS PRIOR TO THE EFFECTIVE DATE OF SUCH REVISION.
(G) ANY REQUEST TO REVISE THE BOUNDARIES OF A NEW CULTURAL DEVELOPMENT
AREA SUBMITTED TO THE COMMISSIONER SHALL NOT RESULT IN THE FINAL DESIG-
NATION OF LESS THAN FIFTY PERCENT OF THE NEW AREA'S UNDESIGNATED ACREAGE
IN MORE THAN THREE NONCONTIGUOUS AREAS. ANY REQUEST BY A NEW AREA TO THE
COMMISSIONER FOR THE DESIGNATION OF UP TO TWENTY-FIVE PERCENT OF THE NEW
AREA'S REMAINING UNDESIGNATED ACREAGE SHALL DEMONSTRATE THAT: THE
PROPOSED ACREAGE OFFERS A SIGNIFICANT CONTRIBUTION TO THE ECONOMIC REVI-
TALIZATION OF THE AREA AND SURROUNDING AREA, TO INCLUDE THE CREATION OR
RETENTION OF PRIVATE SECTOR JOBS, OR A PLAN TO DEMONSTRATE THAT THE
CAPITAL, HUMAN RESOURCE, OR OTHER INVESTMENT BY BUSINESSES LOCATED WITH-
IN THE PROPOSED ACREAGE WILL APPROXIMATE FIFTY PERCENT OF THE PROJECTED
AGGREGATE AMOUNT OF AREA BENEFITS TO BE RECEIVED BY THE CERTIFIED BUSI-
NESSES LOCATED WITHIN THE PROPOSED ACREAGE DURING THE FIRST TWELVE
MONTHS FOLLOWING SUCH DESIGNATION; AND THAT THE PROPOSED ACREAGE IS
SERVICED, OR WILL BE SERVICED, BY PUBLIC TRANSPORTATION AVAILABLE TO
AREA OR COMMUNITY RESIDENTS, OR OTHER PROSPECTIVE EMPLOYEES, IN THOSE
AREAS WHERE A PUBLIC TRANSPORTATION SYSTEM ALREADY EXISTS AND WHERE SUCH
SERVICE IS ECONOMICALLY FEASIBLE; BUT ONLY AFTER PUBLIC NOTICE OF SUCH
PROPOSED REVISION AND A PUBLIC HEARING AT LEAST THIRTY DAYS PRIOR TO THE
EFFECTIVE DATE OF SUCH REVISION. PROVIDED, HOWEVER, IF A NEW AREA DEMON-
STRATES THAT A PROJECT WHICH WILL ENHANCE THE ECONOMIC REVITALIZATION OF
A. 4837 27
THE AREA AND BENEFIT AREA RESIDENTS CANNOT BE INCLUDED WITHIN ONE OF THE
THREE NONCONTIGUOUS AREAS, AND UPON THE COMMISSIONER'S DETERMINATION
THAT INCLUSION OF SUCH ADDITIONAL NONCONTIGUOUS LANDS POSES SIGNIFICANT
POTENTIAL FOR ECONOMIC DEVELOPMENT, TO INCLUDE JOB CREATION OF NO LESS
THAN THREE HUNDRED NEW JOBS, MORE THAN TWENTY-FIVE PERCENT OF THE NEW
AREA'S UNDESIGNATED ACREAGE CAN BE USED IN MORE THAN THREE NONCONTIGUOUS
AREAS, BUT ONLY AFTER PUBLIC NOTICE OF SUCH PROPOSED REVISION AND A
PUBLIC HEARING AT LEAST THIRTY DAYS PRIOR TO THE EFFECTIVE DATE OF SUCH
REVISION.
(H) IT IS THE POLICY TO ALLOW EACH AREA NO MORE THAN ONE BOUNDARY
AMENDMENT WITHIN A TWELVE MONTH PERIOD. IF, HOWEVER, THERE IS A CHANGE
IN CIRCUMSTANCES INVOLVING EXTENUATING FACTORS WITHIN THE YEAR (SUCH AS
THE ATTRACTION/RETENTION OF A MAJOR POTENTIAL/AREA EMPLOYER, WHICH IS
CONSISTENT WITH THE AREA'S DEVELOPMENT GOALS), THE REQUEST WILL BE
CONSIDERED.
(I) UPON THE TERMINATION OR REVISION OF THE BORDERS OF A CULTURAL
DEVELOPMENT AREA AS PROVIDED IN THIS SECTION, THE COMMISSIONER SHALL
FILE NOTICE OF SUCH ACTION AS REQUIRED BY SECTION NINE HUNDRED
FIFTY-NINE OF THE GENERAL MUNICIPAL LAW.
S 6.18. RESCINDING OF LOCAL INCENTIVES. SHOULD A CERTIFIED ARTS
CORPORATION IN A CDA BE DECERTIFIED, ANY LOCAL INCENTIVE PROVIDED BY
SUCH MUNICIPALITY MAY BE RESCINDED BY LOCAL LAW OR RESOLUTION BY THE
GOVERNING BODY OF SUCH MUNICIPALITY, NOTWITHSTANDING SUBDIVISION FIVE OF
SECTION FOUR HUNDRED EIGHTY-FIVE-E OF THE REAL PROPERTY TAX LAW.
S 3. This act shall take effect immediately.