S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5700--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 17, 2009
                               ___________

Introduced  by M. of A. MORELLE, SCHIMMINGER, CANESTRARI, MAGEE, CAHILL,
  ZEBROWSKI,  COOK,  MAGNARELLI,  GUNTHER,  V. LOPEZ,  HOYT,  P. RIVERA,
  FIELDS,  ENGLEBRIGHT  --  Multi-Sponsored  by  --  M. of A. BENEDETTO,
  BENJAMIN, BOYLAND, BRADLEY, BRENNAN, CAMARA, CORWIN, DelMONTE,  GALEF,
  HAWLEY, KOLB, KOON, LATIMER, LAVINE, LIFTON, LUPARDO, ROBINSON, TITUS,
  TOWNS,  WEISENBERG -- read once and referred to the Committee on Local
  Governments -- committee discharged, bill amended,  ordered  reprinted
  as amended and recommitted to said committee

AN  ACT  to  amend  the general municipal law and the public authorities
  law, in relation to authorizing financing assistance for civic facili-
  ties by industrial development agencies, and in relation  to  the  tax
  exemption  status of industrial development agencies; to amend chapter
  66 of the laws of 1994, amending the public health  law,  the  general
  municipal  law and the insurance law relating to the financing of life
  care communities, in relation to extending  the  application  deadline
  for  eligibility for assistance from an industrial development agency;
  and providing for the repeal of certain provisions upon the expiration
  thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (b) of subdivision 4 of section 874 of the gener-
al  municipal  law,  as  amended  by chapter 357 of the laws of 1993, is
amended and a new subdivision 9 is added to read as follows:
  (b) THE UNIFORM TAX EXEMPTION  POLICY  ESTABLISHED  PURSUANT  TO  THIS
SECTION  SHALL  BE  REVIEWED  AND READOPTED BY THE AGENCY AT LEAST EVERY
FIVE YEARS FOLLOWING A PUBLIC HEARING. NOTICE OF THIS HEARING  SHALL  BE
GIVEN  TO THE CHIEF EXECUTIVE OFFICER OF EACH AFFECTED TAX JURISDICTIONS
AT LEAST SIXTY DAYS BEFORE THE HEARING. PRIOR TO THE HEARING THE  AGENCY
SHALL  REVIEW,  AND  RESPOND  TO  ANY  CORRESPONDENCE  RECEIVED FROM ANY
AFFECTED TAX JURISDICTION. THE AGENCY SHALL ALLOW ANY REPRESENTATIVE  OF
AN  AFFECTED  TAX JURISDICTION TO ADDRESS THE AGENCY AT THE HEARING. THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08976-04-9
              

A. 5700--A                          2

AGENCY SHALL DEVELOP AND SUBMIT A REPORT TO THE AFFECTED  TAX  JURISDIC-
TIONS  SIXTY  DAYS PRIOR TO THE HEARING WHICH DETAILS THE PROJECTS WHICH
THE AGENCY HAS ASSISTED IN THE PREVIOUS FIVE  YEARS  AND  SHALL  INCLUDE
INFORMATION  SPECIFIC TO EACH PROJECT INCLUDING THE PERIOD OF EXEMPTION;
THE TYPE OF PROJECT; THE ESTIMATED PERCENTAGE OF EXEMPTION BY YEAR;  THE
ESTIMATED  VALUE OF ANY OTHER ASSISTANCE PROVIDED BY THE AGENCY; WHETHER
COMMITMENTS FOR PAYMENTS IN LIEU OF TAXES WERE MADE AND MET,  THE  ESTI-
MATED  VALUE OF SUCH PAYMENTS BY YEAR AND AFFECTED TAX JURISDICTION; THE
ESTIMATED AMOUNT OF PRIVATE SECTOR INVESTMENT GENERATED BY THE  PROJECT;
AND  THE  EXTENT  TO  WHICH  THE  PROJECT CREATED OR RETAINED PERMANENT,
PRIVATE SECTOR JOBS.
  (C) The agency shall establish a  procedure  for  deviation  from  the
uniform  tax exemption policy required pursuant to this subdivision. The
agency shall set forth in writing the reasons for  deviation  from  such
policy, and shall further notify the affected local taxing jurisdictions
of the proposed deviation from such policy and the reasons therefor.
  SUCH  NOTICE  TO  THE AFFECTED TAX JURISDICTIONS SHALL BE GIVEN TO THE
CHIEF EXECUTIVE OFFICER OF EACH AFFECTED TAX JURISDICTION AT LEAST THIR-
TY DAYS PRIOR TO THE MEETING OF THE AGENCY AT  WHICH  THE  AGENCY  SHALL
CONSIDER  WHETHER  TO  APPROVE  SUCH PROPOSED DEVIATION. PRIOR TO TAKING
FINAL ACTION AT SAID MEETING, THE AGENCY SHALL REVIEW AND RESPOND TO ANY
CORRESPONDENCE RECEIVED FROM ANY  AFFECTED  TAX  JURISDICTION  REGARDING
SUCH PROPOSED DEVIATION. THE AGENCY SHALL ALLOW ANY REPRESENTATIVE OF AN
AFFECTED  TAX JURISDICTION PRESENT AT SUCH MEETING TO ADDRESS THE AGENCY
REGARDING SUCH PROPOSED DEVIATION.
  (9) WITHIN THIRTY DAYS OF  THE  DATE  THAT  THE  AGENCY  DESIGNATES  A
PROJECT  OPERATOR  OR  OTHER  PERSON  TO  ACT AS AGENT OF THE AGENCY FOR
PURPOSES OF EXTENDING A SALES TAX EXEMPTION TO SUCH PERSON,  THE  AGENCY
SHALL  FILE  A  STATEMENT  WITH  THE  DEPARTMENT OF TAXATION AND FINANCE
RELATING THERETO, ON A FORM AND IN SUCH MANNER AS IS PRESCRIBED  BY  THE
COMMISSIONER  OF  TAXATION  AND  FINANCE, IDENTIFYING EACH SUCH AGENT SO
NAMED BY THE AGENCY, SETTING FORTH THE TAXPAYER IDENTIFICATION NUMBER OF
EACH SUCH AGENT, GIVING A BRIEF DESCRIPTION OF THE GOODS AND/OR SERVICES
INTENDED TO BE EXEMPTED FROM SALES TAXES AS A RESULT OF SUCH APPOINTMENT
AS AGENT, INDICATING THE AGENCY'S ROUGH ESTIMATE OF  THE  VALUE  OF  THE
GOODS  AND/OR SERVICES TO WHICH SUCH APPOINTMENT AS AGENT RELATES, INDI-
CATING THE DATE WHEN SUCH DESIGNATION  AS  AGENT  BECAME  EFFECTIVE  AND
INDICATING THE DATE UPON WHICH SUCH DESIGNATION AS AGENT SHALL CEASE.
  S  2.  Subdivision  4  of section 854 of the general municipal law, as
amended by chapter 541 of the laws of 1982, is amended and a new  subdi-
vision 13 is added to read as follows:
  (4)  "Project"  -  shall mean any land, any building or other improve-
ment, and all real and personal properties located within the  state  of
New York and within or outside or partially within and partially outside
the  municipality  for  whose benefit the agency was created, including,
but not limited to, machinery, equipment  and  other  facilities  deemed
necessary  or  desirable in connection therewith, or incidental thereto,
whether or not now in existence or under construction,  which  shall  be
suitable  for  manufacturing, warehousing, research, CIVIC commercial or
industrial purposes or other economically sound purposes identified  and
called  for  to implement a state designated urban cultural park manage-
ment plan as provided in title G of the parks, recreation  and  historic
preservation  law  and which may include or mean an industrial pollution
control facility, a recreation facility, educational or cultural facili-
ty, a horse racing facility [or], a railroad facility OR CIVIC FACILITY,
provided, however, no agency shall use  its  funds  in  respect  of  any

A. 5700--A                          3

project  wholly  or partially outside the municipality for whose benefit
the agency was created without the prior consent thereto by the  govern-
ing  body  or  bodies of all the other municipalities in which a part or
parts  of  the project is, or is to be, located.  PROVIDED FURTHER, THAT
NO AGENCY SHALL PROVIDE FINANCIAL ASSISTANCE FOR ANY PROJECT  WHERE  THE
PROJECT  APPLICANT  HAS  ANY  AGREEMENT  TO SUBSEQUENTLY CONTRACT WITH A
MUNICIPALITY FOR THE LEASE OR PURCHASE OF SUCH PROJECT OR PROJECT FACIL-
ITY.
  (13) "CIVIC FACILITY" - SHALL MEAN ANY FACILITY WHICH SHALL  BE  OWNED
OR OCCUPIED BY A NOT-FOR-PROFIT CORPORATION ORGANIZED AND EXISTING UNDER
THE  LAWS  OF  THIS  STATE  OR  AUTHORIZED TO CONDUCT ACTIVITIES IN THIS
STATE. SUCH FACILITIES SHALL NOT  INCLUDE  CONVENTION  CENTERS,  HOUSING
FACILITIES,  DORMITORIES  FOR  EDUCATIONAL INSTITUTIONS OR ROADS, BUILD-
INGS, WATER SYSTEMS, SEWER SYSTEMS, OR ANY PUBLIC FACILITY FOR USE BY  A
MUNICIPALITY IN THE PERFORMANCE OF ITS GOVERNMENTAL FUNCTIONS OR MEDICAL
FACILITIES  WHICH  ARE  PREDOMINANTLY  USED  FOR THE DELIVERY OF MEDICAL
SERVICES, EXCEPT  THAT  SUCH  FACILITIES  SHALL  INCLUDE  REHABILITATION
CENTERS  AND  HOSPICES. NOTWITHSTANDING THE LIMITATIONS CONTAINED IN THE
PRECEDING SENTENCE, A CIVIC FACILITY PROJECT MAY INCLUDE:  (A)  DORMITO-
RIES  FOR EDUCATIONAL INSTITUTIONS; (B) FACILITIES AS DEFINED IN ARTICLE
TWENTY-EIGHT OF THE PUBLIC HEALTH LAW; AND (C) HOUSING FACILITIES PRIMA-
RILY DESIGNED TO BE OCCUPIED BY INDIVIDUALS SIXTY YEARS OF AGE OR OLDER.
NOTHING IN THIS ARTICLE SHALL BE DEEMED TO WAIVE ANY APPLICABLE REQUIRE-
MENT FOR  AN  OPERATING  FACILITY  CERTIFICATE,  CONSENT  OR  ANY  OTHER
APPROVAL AS PROVIDED BY LAW.
  S  3.  Subdivision 3 of section 859-a of the general municipal law, as
added by chapter 356 of the laws of 1993, is amended to read as follows:
  3. The agency must give at least [ten] THIRTY days published notice of
said public hearing and shall, at the same time, provide notice of  such
hearing to the chief executive officer of each affected tax jurisdiction
within  which  the  project is located. The notice of hearing must state
the time and  place  of  the  hearing,  contain  a  general,  functional
description  of  the  project,  describe the prospective location of the
project, identify the initial owner, operator or manager of the  project
and  generally  describe  the  financial  assistance contemplated by the
agency with respect to the project, AND PROVIDE AN OPPORTUNITY  FOR  THE
PUBLIC  TO REVIEW THE PROJECT APPLICATION, WHICH SHALL INCLUDE AN ANALY-
SIS OF THE COSTS AND BENEFITS OF THE PROPOSED PROJECT.
  S 4. Section 862 of the general municipal law,  as  added  by  chapter
1030 of the laws of 1969, is amended to read as follows:
  S  862.  Restrictions  on funds of the agency. 1. No [funds] FINANCIAL
ASSISTANCE of the agency shall be used in respect of any project if  the
completion  thereof  would  result  in  the removal of [an industrial or
manufacturing] A FACILITY OR plant of the project occupant from one area
of the state to another area of the state or in the abandonment  of  one
or  more plants or facilities of the project occupant located within the
state, provided, however, that neither restriction shall  apply  if  the
agency  shall  determine  on the basis of the application before it that
the project is reasonably necessary to discourage the  project  occupant
from  removing  such  other  plant or facility to a location outside the
state or is reasonably necessary to preserve the competitive position of
the project occupant in its respective industry.
  2. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B)  OF  THIS  SUBDIVISION,  NO
FINANCIAL  ASSISTANCE  OF THE AGENCY SHALL BE PROVIDED IN RESPECT OF ANY
PROJECT WHERE FACILITIES OR PROPERTY THAT ARE PRIMARILY USED  IN  MAKING
RETAIL  SALES  TO CUSTOMERS WHO PERSONALLY VISIT SUCH FACILITIES CONSTI-

A. 5700--A                          4

TUTE MORE THAN ONE-THIRD OF THE TOTAL PROJECT COST. FOR THE PURPOSES  OF
THIS  ARTICLE, RETAIL SALES SHALL MEAN: (I) SALES BY A REGISTERED VENDOR
UNDER ARTICLE TWENTY-EIGHT OF THE  TAX  LAW  PRIMARILY  ENGAGED  IN  THE
RETAIL  SALE  OF  TANGIBLE PERSONAL PROPERTY, AS DEFINED IN SUBPARAGRAPH
(I) OF PARAGRAPH FOUR OF SUBDIVISION (B) OF SECTION ELEVEN  HUNDRED  ONE
OF  THE  TAX  LAW; OR (II) SALES OF A SERVICE TO SUCH CUSTOMERS. EXCEPT,
HOWEVER, THAT TOURISM DESTINATION  PROJECTS  AND  PROJECTS  OPERATED  BY
NOT-FOR-PROFIT CORPORATIONS SHALL NOT BE PROHIBITED BY THIS SUBDIVISION.
FOR  THE  PURPOSE  OF THIS PARAGRAPH, "TOURISM DESTINATION" SHALL MEAN A
LOCATION OR FACILITY WHICH IS LIKELY TO ATTRACT A SIGNIFICANT NUMBER  OF
VISITORS  FROM OUTSIDE THE ECONOMIC DEVELOPMENT REGION AS ESTABLISHED BY
SECTION TWO HUNDRED THIRTY OF THE ECONOMIC DEVELOPMENT LAW, IN WHICH THE
PROJECT IS LOCATED.
  (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
SION,  FINANCIAL ASSISTANCE MAY, HOWEVER, BE PROVIDED TO A PROJECT WHERE
FACILITIES OR PROPERTY THAT ARE PRIMARILY USED IN MAKING RETAIL SALES OF
GOODS OR SERVICES TO CUSTOMERS WHO PERSONALLY VISIT SUCH  FACILITIES  TO
OBTAIN  SUCH  GOODS  OR  SERVICES  CONSTITUTE MORE THAN ONE-THIRD OF THE
TOTAL PROJECT COST, WHERE (I) THE PROJECT OCCUPANT WOULD,  BUT  FOR  THE
ASSISTANCE  PROVIDED  BY THE AGENCY, LOCATE THE RELATED JOBS OUTSIDE THE
STATE, OR (II) THE PREDOMINANT PURPOSE OF THE PROJECT WOULD BE  TO  MAKE
AVAILABLE  GOODS  OR  SERVICES  WHICH WOULD NOT, BUT FOR THE PROJECT, BE
REASONABLY ACCESSIBLE TO THE RESIDENTS OF THE  CITY,  TOWN,  OR  VILLAGE
WITHIN  WHICH THE PROPOSED PROJECT WOULD BE LOCATED BECAUSE OF A LACK OF
REASONABLY ACCESSIBLE RETAIL TRADE FACILITIES  OFFERING  SUCH  GOODS  OR
SERVICES, OR (III) THE PROJECT IS LOCATED IN A HIGHLY DISTRESSED AREA.
  (C)  WITH  RESPECT TO PROJECTS AUTHORIZED PURSUANT TO PARAGRAPH (B) OF
THIS SUBDIVISION, NO PROJECT SHALL BE APPROVED UNLESS THE  AGENCY  SHALL
FIND  AFTER  THE  PUBLIC  HEARING  REQUIRED  BY  SECTION  EIGHT  HUNDRED
FIFTY-NINE OF THIS TITLE THAT UNDERTAKING THE  PROJECT  WILL  SERVE  THE
PUBLIC  PURPOSES OF THIS ARTICLE BY PRESERVING PERMANENT, PRIVATE SECTOR
JOBS OR INCREASING THE OVERALL NUMBER OF PERMANENT, PRIVATE SECTOR  JOBS
IN THE STATE. WHERE THE AGENCY MAKES SUCH A FINDING, PRIOR TO A GRANT OF
ASSISTANCE  TO THE PROJECT BY THE AGENCY, THE CHIEF EXECUTIVE OFFICER OF
THE MUNICIPALITY FOR WHOSE BENEFIT THE AGENCY WAS CREATED SHALL  CONFIRM
THE PROPOSED ACTION OF THE AGENCY.
  3.  NO FUNDS OF THE AGENCY SHALL BE USED FOR THE PURPOSE OF PREVENTING
THE ESTABLISHMENT OF AN INDUSTRIAL OR MANUFACTURING PLANT, NOR SHALL ANY
FUNDS OF THE AGENCY BE GIVEN TO  ANY  GROUP  OR  ORGANIZATION  WHICH  IS
ATTEMPTING  TO PREVENT THE ESTABLISHMENT OF AN INDUSTRIAL OR MANUFACTUR-
ING PLANT WITHIN THIS STATE NOR SHALL SUCH FUNDS BE USED FOR ADVERTISING
OR PROMOTIONAL MATERIALS WHICH DEPICT ELECTED  OR  APPOINTED  GOVERNMENT
OFFICIALS IN EITHER PRINT OR ELECTRONIC MEDIA.
  S  5.  The opening paragraph of section 2306 of the public authorities
law, as amended by chapter 556 of the laws of 1973, is amended  to  read
as follows:
  The  purposes of the authority shall be to promote, develop, encourage
and assist in the acquiring,  constructing,  reconstructing,  improving,
maintaining,  equipping  and furnishing industrial, manufacturing, ware-
house, commercial and research facilities and facilities for  use  by  a
federal  agency  or  a  medical  facility including industrial pollution
control facilities, which may include transportation facilities  includ-
ing  but  not limited to those relating to water, highway, rail and air,
in one or more areas of the city, and thereby advance the  job  opportu-
nities, health, general prosperity and economic welfare of the people of
said  city  and  to  improve  their medical care and standard of living;

A. 5700--A                          5

provided, however, that the authority shall not undertake any project if
the completion thereof would result in the removal of an  industrial  or
manufacturing  plant  of the project occupant from one area of the state
to  another area of the state or in abandonment of one or more plants or
facilities of the project applicant located within the state,  provided,
however,  that  neither  restriction  shall apply if the authority shall
determine on the basis of the application before it that the project  is
reasonably  necessary  to  discourage the project occupant from removing
such other plant or facility to a  location  outside  the  state  or  is
reasonably necessary to preserve the competitive position of the project
occupant in its respective industry.
  EXCEPT  AS OTHERWISE PROVIDED BY THIS SECTION, NO FINANCIAL ASSISTANCE
OF THE AUTHORITY SHALL BE PROVIDED  IN  RESPECT  OF  ANY  PROJECT  WHERE
FACILITIES OR PROPERTY THAT ARE PRIMARILY USED IN MAKING RETAIL SALES TO
CUSTOMERS  WHO  PERSONALLY  VISIT  SUCH  FACILITIES CONSTITUTE MORE THAN
ONE-THIRD OF THE TOTAL PROJECT COST. FOR THE PURPOSES OF  THIS  ARTICLE,
RETAIL  SALES SHALL MEAN: (I) SALES BY A REGISTERED VENDOR UNDER ARTICLE
TWENTY-EIGHT OF THE TAX LAW PRIMARILY ENGAGED  IN  THE  RETAIL  SALE  OF
TANGIBLE  PERSONAL PROPERTY, AS DEFINED IN SUBPARAGRAPH (I) OF PARAGRAPH
FOUR OF SUBDIVISION (B) OF SECTION ELEVEN HUNDRED ONE OF THE TAX LAW; OR
(II) SALES OF A SERVICE TO SUCH CUSTOMERS. EXCEPT, HOWEVER, THAT TOURISM
DESTINATION PROJECTS AND  PROJECTS  OPERATED  BY  NOT-FOR-PROFIT  CORPO-
RATIONS  SHALL  NOT  BE  PROHIBITED BY THIS SECTION. FOR THE PURPOSES OF
THIS SECTION, "TOURISM DESTINATION" SHALL MEAN A  LOCATION  OR  FACILITY
WHICH IS LIKELY TO ATTRACT A SIGNIFICANT NUMBER OF VISITORS FROM OUTSIDE
THE  ECONOMIC  DEVELOPMENT  REGION AS ESTABLISHED BY SECTION TWO HUNDRED
THIRTY OF THE ECONOMIC DEVELOPMENT LAW, IN WHICH THE PROJECT IS LOCATED.
  NOTWITHSTANDING THE PROVISIONS OF THIS SECTION TO THE  CONTRARY,  SUCH
FINANCIAL ASSISTANCE MAY, HOWEVER, BE PROVIDED TO A PROJECT WHERE FACIL-
ITIES  OR  PROPERTY  THAT  ARE  PRIMARILY USED IN MAKING RETAIL SALES OF
GOODS OR SERVICES TO CUSTOMERS WHO PERSONALLY VISIT SUCH  FACILITIES  TO
OBTAIN  GOODS  OR  SERVICES  CONSTITUTE MORE THAN ONE-THIRD OF THE TOTAL
PROJECT COST, WHERE (I) THE PROJECT OCCUPANT WOULD, BUT FOR THE  ASSIST-
ANCE  PROVIDED  BY  THE  AUTHORITY,  LOCATE THE RELATED JOBS OUTSIDE THE
STATE; OR (II) THE PREDOMINANT PURPOSE OF THE PROJECT WOULD BE  TO  MAKE
AVAILABLE  GOODS  OR  SERVICES  WHICH WOULD NOT, BUT FOR THE PROJECT, BE
REASONABLY ACCESSIBLE TO THE RESIDENTS OF THE CITY OF TROY BECAUSE OF  A
LACK  OF  REASONABLY ACCESSIBLE RETAIL FACILITIES OFFERING SUCH GOODS OR
SERVICES; OR (III) THE PROJECT IS LOCATED IN A  HIGHLY  DISTRESSED  AREA
WITH  RESPECT  TO  PROJECTS  AUTHORIZED  PURSUANT  TO THIS PARAGRAPH, NO
PROJECT SHALL BE APPROVED UNLESS THE  AUTHORITY  SHALL  FIND  AFTER  THE
PUBLIC  HEARING  REQUIRED  BY SECTION TWENTY-THREE HUNDRED SEVEN OF THIS
TITLE THAT UNDERTAKING THE PROJECT WILL SERVE  THE  PUBLIC  PURPOSES  OF
THIS  ARTICLE BY PRESERVING PERMANENT, PRIVATE SECTOR JOBS OR INCREASING
THE OVERALL NUMBER OF PERMANENT, PRIVATE SECTOR JOBS IN THE STATE. WHERE
THE AUTHORITY MAKES SUCH A FINDING, PRIOR TO A GRANT  OF  ASSISTANCE  TO
THE PROJECT BY THE AUTHORITY, THE CHIEF EXECUTIVE OFFICER OF THE CITY OF
AUBURN SHALL CONFIRM THE PROPOSED ACTION OR THE AUTHORITY.
  NO  FUNDS OF THE AUTHORITY SHALL BE USED FOR THE PURPOSE OF PREVENTING
THE ESTABLISHMENT OF AN INDUSTRIAL OR MANUFACTURING PLANT, NOR SHALL ANY
FINANCIAL ASSISTANCE OF THE AUTHORITY BE GIVEN TO ANY GROUP OR ORGANIZA-
TION WHICH IS ATTEMPTING TO PREVENT THE ESTABLISHMENT OF  AN  INDUSTRIAL
OR  MANUFACTURING  PLANT  WITHIN  THIS  STATE  NOR  SHALL SUCH FINANCIAL
ASSISTANCE BE USED FOR ADVERTISING OR PROMOTIONAL MATERIALS WHICH DEPICT
ELECTED OR APPOINTED GOVERNMENT OFFICIALS IN EITHER PRINT OR  ELECTRONIC
MEDIA. To carry out such purpose, the authority shall have power:

A. 5700--A                          6

  S  6.  Section 859 of the general municipal law is amended by adding a
new subdivision 4 to read as follows:
  4.  EACH  AGENCY WHICH HAS ISSUED BONDS TO FINANCE ANY CIVIC FACILITY,
AS SUCH PROJECT IS DEFINED IN  SUBDIVISION  THIRTEEN  OF  SECTION  EIGHT
HUNDRED  FIFTY-FOUR OF THIS TITLE, SHALL ANNUALLY SUBMIT A REPORT TO THE
DEPARTMENT OF ECONOMIC DEVELOPMENT, THE  DIRECTOR  OF  THE  BUDGET,  THE
CHAIRMAN  OF THE SENATE FINANCE COMMITTEE AND THE CHAIRMAN OF THE ASSEM-
BLY WAYS AND MEANS COMMITTEE. SUCH REPORT SHALL BE SUBMITTED ON THE SAME
DAY AND PERTAIN TO THE SAME PERIOD OF TIME AS THE  REPORT  SPECIFIED  IN
SUBDIVISIONS  ONE  AND  TWO OF THIS SECTION. SUCH REPORT SHALL CONTAIN A
LIST OF THE CIVIC FACILITIES AND FOR EACH SUCH FACILITY CONTAIN A SUMMA-
RY DESCRIPTION INCLUDING, BUT NOT LIMITED TO, TOTAL  PROJECT  COSTS  AND
THE AMOUNTS OF BONDS OF THE AGENCY ISSUED AND THE NUMBER OF JOBS CREATED
OR RETAINED IN CONNECTION WITH EACH SUCH FACILITY.
  S 7. Section 15 of chapter 66 of the laws of 1994, amending the public
health  law, the general municipal law and the insurance law relating to
the financing of life care communities, as amended by chapter 381 of the
laws of 2007, is amended to read as follows:
  S 15. This act shall take effect immediately, provided,  however  that
the amendment made to subdivision 4 of section 854 of the general munic-
ipal  law by section eight of this act shall not affect the reversion of
such subdivision as provided by section 5 of chapter 905 of the laws  of
1986, as amended and that where the continuing care retirement community
council is authorized to promulgate regulations by this act, it is here-
by authorized to implement the provisions of this act in advance of such
regulations;  and  provided  further  that  sections  one, three, seven,
eight, nine, ten, eleven, twelve and thirteen of this act, and paragraph
m of subdivision 2 of section 4602 of the public health law, as added by
section two of this act, shall apply only to applicants  for  a  certif-
icate  of authority pursuant to article 46 of the public health law that
have been approved to receive and  have  received  such  certificate  of
authority on or before [January 31, 2008] JULY 1, 2010.
  S  8.  This  act  shall take effect immediately; provided however that
sections one through six of this act shall expire and be deemed repealed
on July 1, 2010.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5700--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 17, 2009
                               ___________

Introduced  by M. of A. MORELLE, SCHIMMINGER, CANESTRARI, MAGEE, CAHILL,
  ZEBROWSKI,  COOK,  MAGNARELLI,  GUNTHER,  V. LOPEZ,  HOYT,  P. RIVERA,
  FIELDS,  ENGLEBRIGHT  --  Multi-Sponsored  by  --  M. of A. BENEDETTO,
  BENJAMIN, BOYLAND, BRENNAN, CAMARA, CORWIN, DelMONTE, DESTITO,  GALEF,
  HAWLEY, KOLB, KOON, LATIMER, LAVINE, LIFTON, LUPARDO, ROBINSON, TITUS,
  TOWNS,  WEISENBERG -- read once and referred to the Committee on Local
  Governments -- committee discharged, bill amended,  ordered  reprinted
  as  amended  and  recommitted  to said committee -- recommitted to the
  Committee on Local Governments in accordance  with  Assembly  Rule  3,
  sec.  2  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the general municipal law  and  the  public  authorities
  law, in relation to authorizing financing assistance for civic facili-
  ties  by  industrial  development agencies, and in relation to the tax
  exemption status of industrial development agencies; to amend  chapter
  66  of  the  laws of 1994, amending the public health law, the general
  municipal law and the insurance law relating to the financing of  life
  care  communities,  in relation to the application deadline for eligi-
  bility for assistance  from  an  industrial  development  agency;  and
  providing  for  the  repeal  of certain provisions upon the expiration
  thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (b) of subdivision 4 of section 874 of the gener-
al  municipal  law,  as  amended  by chapter 357 of the laws of 1993, is
amended and a new subdivision 9 is added to read as follows:
  (b) THE UNIFORM TAX EXEMPTION  POLICY  ESTABLISHED  PURSUANT  TO  THIS
SECTION  SHALL  BE  REVIEWED  AND READOPTED BY THE AGENCY AT LEAST EVERY
FIVE YEARS FOLLOWING A PUBLIC HEARING. NOTICE OF THIS HEARING  SHALL  BE
GIVEN  TO THE CHIEF EXECUTIVE OFFICER OF EACH AFFECTED TAX JURISDICTIONS
AT LEAST SIXTY DAYS BEFORE THE HEARING. PRIOR TO THE HEARING THE  AGENCY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08976-08-0
              

A. 5700--B                          2

SHALL  REVIEW,  AND  RESPOND  TO  ANY  CORRESPONDENCE  RECEIVED FROM ANY
AFFECTED TAX JURISDICTION. THE AGENCY SHALL ALLOW ANY REPRESENTATIVE  OF
AN  AFFECTED  TAX JURISDICTION TO ADDRESS THE AGENCY AT THE HEARING. THE
AGENCY  SHALL  DEVELOP AND SUBMIT A REPORT TO THE AFFECTED TAX JURISDIC-
TIONS SIXTY DAYS PRIOR TO THE HEARING WHICH DETAILS THE  PROJECTS  WHICH
THE  AGENCY  HAS  ASSISTED  IN THE PREVIOUS FIVE YEARS AND SHALL INCLUDE
INFORMATION SPECIFIC TO EACH PROJECT INCLUDING THE PERIOD OF  EXEMPTION;
THE  TYPE OF PROJECT; THE ESTIMATED PERCENTAGE OF EXEMPTION BY YEAR; THE
ESTIMATED VALUE OF ANY OTHER ASSISTANCE PROVIDED BY THE AGENCY;  WHETHER
COMMITMENTS  FOR  PAYMENTS IN LIEU OF TAXES WERE MADE AND MET, THE ESTI-
MATED VALUE OF SUCH PAYMENTS BY YEAR AND AFFECTED TAX JURISDICTION;  THE
ESTIMATED  AMOUNT OF PRIVATE SECTOR INVESTMENT GENERATED BY THE PROJECT;
AND THE EXTENT TO WHICH  THE  PROJECT  CREATED  OR  RETAINED  PERMANENT,
PRIVATE SECTOR JOBS.
  (C)  The  agency  shall  establish  a procedure for deviation from the
uniform tax exemption policy required pursuant to this subdivision.  The
agency  shall  set  forth in writing the reasons for deviation from such
policy, and shall further notify the affected local taxing jurisdictions
of the proposed deviation from such policy and the reasons therefor.
  SUCH NOTICE TO THE AFFECTED TAX JURISDICTIONS SHALL BE  GIVEN  TO  THE
CHIEF EXECUTIVE OFFICER OF EACH AFFECTED TAX JURISDICTION AT LEAST THIR-
TY  DAYS  PRIOR  TO  THE MEETING OF THE AGENCY AT WHICH THE AGENCY SHALL
CONSIDER WHETHER TO APPROVE SUCH PROPOSED  DEVIATION.  PRIOR  TO  TAKING
FINAL ACTION AT SAID MEETING, THE AGENCY SHALL REVIEW AND RESPOND TO ANY
CORRESPONDENCE  RECEIVED  FROM  ANY  AFFECTED TAX JURISDICTION REGARDING
SUCH PROPOSED DEVIATION. THE AGENCY SHALL ALLOW ANY REPRESENTATIVE OF AN
AFFECTED TAX JURISDICTION PRESENT AT SUCH MEETING TO ADDRESS THE  AGENCY
REGARDING SUCH PROPOSED DEVIATION.
  (9)  WITHIN  THIRTY  DAYS  OF  THE  DATE  THAT THE AGENCY DESIGNATES A
PROJECT OPERATOR OR OTHER PERSON TO ACT  AS  AGENT  OF  THE  AGENCY  FOR
PURPOSES  OF  EXTENDING A SALES TAX EXEMPTION TO SUCH PERSON, THE AGENCY
SHALL FILE A STATEMENT WITH  THE  DEPARTMENT  OF  TAXATION  AND  FINANCE
RELATING  THERETO,  ON A FORM AND IN SUCH MANNER AS IS PRESCRIBED BY THE
COMMISSIONER OF TAXATION AND FINANCE, IDENTIFYING  EACH  SUCH  AGENT  SO
NAMED BY THE AGENCY, SETTING FORTH THE TAXPAYER IDENTIFICATION NUMBER OF
EACH SUCH AGENT, GIVING A BRIEF DESCRIPTION OF THE GOODS AND/OR SERVICES
INTENDED TO BE EXEMPTED FROM SALES TAXES AS A RESULT OF SUCH APPOINTMENT
AS  AGENT,  INDICATING  THE  AGENCY'S ROUGH ESTIMATE OF THE VALUE OF THE
GOODS AND/OR SERVICES TO WHICH SUCH APPOINTMENT AS AGENT RELATES,  INDI-
CATING  THE  DATE  WHEN  SUCH  DESIGNATION AS AGENT BECAME EFFECTIVE AND
INDICATING THE DATE UPON WHICH SUCH DESIGNATION AS AGENT SHALL CEASE.
  S 2. Subdivision 4 of section 854 of the  general  municipal  law,  as
amended  by chapter 541 of the laws of 1982, is amended and a new subdi-
vision 13 is added to read as follows:
  (4) "Project" - shall mean any land, any building  or  other  improve-
ment,  and  all real and personal properties located within the state of
New York and within or outside or partially within and partially outside
the municipality for whose benefit the agency  was  created,  including,
but  not  limited  to,  machinery, equipment and other facilities deemed
necessary or desirable in connection therewith, or  incidental  thereto,
whether  or  not  now in existence or under construction, which shall be
suitable for manufacturing, warehousing, research, CIVIC  commercial  or
industrial  purposes or other economically sound purposes identified and
called for to implement a state designated urban cultural  park  manage-
ment  plan  as provided in title G of the parks, recreation and historic
preservation law and which may include or mean an  industrial  pollution

A. 5700--B                          3

control facility, a recreation facility, educational or cultural facili-
ty, a horse racing facility [or], a railroad facility OR CIVIC FACILITY,
provided,  however,  no  agency  shall  use  its funds in respect of any
project  wholly  or partially outside the municipality for whose benefit
the agency was created without the prior consent thereto by the  govern-
ing  body  or  bodies of all the other municipalities in which a part or
parts of the project is, or is to be, located.   PROVIDED FURTHER,  THAT
NO  AGENCY  SHALL PROVIDE FINANCIAL ASSISTANCE FOR ANY PROJECT WHERE THE
PROJECT APPLICANT HAS ANY AGREEMENT  TO  SUBSEQUENTLY  CONTRACT  WITH  A
MUNICIPALITY FOR THE LEASE OR PURCHASE OF SUCH PROJECT OR PROJECT FACIL-
ITY.
  (13)  "CIVIC  FACILITY" - SHALL MEAN ANY FACILITY WHICH SHALL BE OWNED
OR OCCUPIED BY A NOT-FOR-PROFIT CORPORATION ORGANIZED AND EXISTING UNDER
THE LAWS OF THIS STATE OR  AUTHORIZED  TO  CONDUCT  ACTIVITIES  IN  THIS
STATE.  SUCH  FACILITIES  SHALL  NOT INCLUDE CONVENTION CENTERS, HOUSING
FACILITIES, DORMITORIES FOR EDUCATIONAL INSTITUTIONS  OR  ROADS,  BUILD-
INGS,  WATER SYSTEMS, SEWER SYSTEMS, OR ANY PUBLIC FACILITY FOR USE BY A
MUNICIPALITY IN THE PERFORMANCE OF ITS GOVERNMENTAL FUNCTIONS OR MEDICAL
FACILITIES WHICH ARE PREDOMINANTLY USED  FOR  THE  DELIVERY  OF  MEDICAL
SERVICES,  EXCEPT  THAT  SUCH  FACILITIES  SHALL  INCLUDE REHABILITATION
CENTERS AND HOSPICES. NOTWITHSTANDING THE LIMITATIONS CONTAINED  IN  THE
PRECEDING  SENTENCE,  A CIVIC FACILITY PROJECT MAY INCLUDE: (A) DORMITO-
RIES FOR EDUCATIONAL INSTITUTIONS; (B) FACILITIES AS DEFINED IN  ARTICLE
TWENTY-EIGHT  OF THE PUBLIC HEALTH LAW; (C) HOUSING FACILITIES PRIMARILY
DESIGNED TO BE OCCUPIED BY INDIVIDUALS SIXTY YEARS OF AGE OR OLDER;  AND
(D)  CONTINUING  CARE  RETIREMENT COMMUNITIES.   NOTHING IN THIS ARTICLE
SHALL BE DEEMED TO WAIVE ANY APPLICABLE  REQUIREMENT  FOR  AN  OPERATING
FACILITY CERTIFICATE, CONSENT OR ANY OTHER APPROVAL AS PROVIDED BY LAW.
  S  3.  Subdivision 3 of section 859-a of the general municipal law, as
added by chapter 356 of the laws of 1993, is amended to read as follows:
  3. The agency must give at least [ten] THIRTY days published notice of
said public hearing and shall, at the same time, provide notice of  such
hearing to the chief executive officer of each affected tax jurisdiction
within  which  the  project is located. The notice of hearing must state
the time and  place  of  the  hearing,  contain  a  general,  functional
description  of  the  project,  describe the prospective location of the
project, identify the initial owner, operator or manager of the  project
and  generally  describe  the  financial  assistance contemplated by the
agency with respect to the project, AND PROVIDE AN OPPORTUNITY  FOR  THE
PUBLIC  TO REVIEW THE PROJECT APPLICATION, WHICH SHALL INCLUDE AN ANALY-
SIS OF THE COSTS AND BENEFITS OF THE PROPOSED PROJECT.
  S 4. Section 862 of the general municipal law,  as  added  by  chapter
1030 of the laws of 1969, is amended to read as follows:
  S  862.  Restrictions  on funds of the agency. 1. No [funds] FINANCIAL
ASSISTANCE of the agency shall be used in respect of any project if  the
completion  thereof  would  result  in  the removal of [an industrial or
manufacturing] A FACILITY OR plant of the project occupant from one area
of the state to another area of the state or in the abandonment  of  one
or  more plants or facilities of the project occupant located within the
state, provided, however, that neither restriction shall  apply  if  the
agency  shall  determine  on the basis of the application before it that
the project is reasonably necessary to discourage the  project  occupant
from  removing  such  other  plant or facility to a location outside the
state or is reasonably necessary to preserve the competitive position of
the project occupant in its respective industry.

A. 5700--B                          4

  2. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B)  OF  THIS  SUBDIVISION,  NO
FINANCIAL  ASSISTANCE  OF THE AGENCY SHALL BE PROVIDED IN RESPECT OF ANY
PROJECT WHERE FACILITIES OR PROPERTY THAT ARE PRIMARILY USED  IN  MAKING
RETAIL  SALES  TO CUSTOMERS WHO PERSONALLY VISIT SUCH FACILITIES CONSTI-
TUTE  MORE THAN ONE-THIRD OF THE TOTAL PROJECT COST. FOR THE PURPOSES OF
THIS ARTICLE, RETAIL SALES SHALL MEAN: (I) SALES BY A REGISTERED  VENDOR
UNDER  ARTICLE  TWENTY-EIGHT  OF  THE  TAX  LAW PRIMARILY ENGAGED IN THE
RETAIL SALE OF TANGIBLE PERSONAL PROPERTY, AS  DEFINED  IN  SUBPARAGRAPH
(I)  OF  PARAGRAPH FOUR OF SUBDIVISION (B) OF SECTION ELEVEN HUNDRED ONE
OF THE TAX LAW; OR (II) SALES OF A SERVICE TO  SUCH  CUSTOMERS.  EXCEPT,
HOWEVER,  THAT  TOURISM  DESTINATION  PROJECTS  AND PROJECTS OPERATED BY
NOT-FOR-PROFIT CORPORATIONS SHALL NOT BE PROHIBITED BY THIS SUBDIVISION.
FOR THE PURPOSE OF THIS PARAGRAPH, "TOURISM DESTINATION"  SHALL  MEAN  A
LOCATION  OR FACILITY WHICH IS LIKELY TO ATTRACT A SIGNIFICANT NUMBER OF
VISITORS FROM OUTSIDE THE ECONOMIC DEVELOPMENT REGION AS ESTABLISHED  BY
SECTION TWO HUNDRED THIRTY OF THE ECONOMIC DEVELOPMENT LAW, IN WHICH THE
PROJECT IS LOCATED.
  (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, FINANCIAL ASSISTANCE MAY, HOWEVER, BE PROVIDED TO A PROJECT  WHERE
FACILITIES OR PROPERTY THAT ARE PRIMARILY USED IN MAKING RETAIL SALES OF
GOODS  OR  SERVICES TO CUSTOMERS WHO PERSONALLY VISIT SUCH FACILITIES TO
OBTAIN SUCH GOODS OR SERVICES CONSTITUTE  MORE  THAN  ONE-THIRD  OF  THE
TOTAL  PROJECT  COST,  WHERE (I) THE PROJECT OCCUPANT WOULD, BUT FOR THE
ASSISTANCE PROVIDED BY THE AGENCY, LOCATE THE RELATED JOBS  OUTSIDE  THE
STATE,  OR  (II) THE PREDOMINANT PURPOSE OF THE PROJECT WOULD BE TO MAKE
AVAILABLE GOODS OR SERVICES WHICH WOULD NOT, BUT  FOR  THE  PROJECT,  BE
REASONABLY  ACCESSIBLE  TO  THE  RESIDENTS OF THE CITY, TOWN, OR VILLAGE
WITHIN WHICH THE PROPOSED PROJECT WOULD BE LOCATED BECAUSE OF A LACK  OF
REASONABLY  ACCESSIBLE  RETAIL  TRADE  FACILITIES OFFERING SUCH GOODS OR
SERVICES, OR (III) THE PROJECT IS LOCATED IN A HIGHLY DISTRESSED AREA.
  (C) WITH RESPECT TO PROJECTS AUTHORIZED PURSUANT TO PARAGRAPH  (B)  OF
THIS  SUBDIVISION,  NO PROJECT SHALL BE APPROVED UNLESS THE AGENCY SHALL
FIND  AFTER  THE  PUBLIC  HEARING  REQUIRED  BY  SECTION  EIGHT  HUNDRED
FIFTY-NINE  OF  THIS  TITLE  THAT UNDERTAKING THE PROJECT WILL SERVE THE
PUBLIC PURPOSES OF THIS ARTICLE BY PRESERVING PERMANENT, PRIVATE  SECTOR
JOBS  OR INCREASING THE OVERALL NUMBER OF PERMANENT, PRIVATE SECTOR JOBS
IN THE STATE. WHERE THE AGENCY MAKES SUCH A FINDING, PRIOR TO A GRANT OF
ASSISTANCE TO THE PROJECT BY THE AGENCY, THE CHIEF EXECUTIVE OFFICER  OF
THE  MUNICIPALITY FOR WHOSE BENEFIT THE AGENCY WAS CREATED SHALL CONFIRM
THE PROPOSED ACTION OF THE AGENCY.
  3. NO FUNDS OF THE AGENCY SHALL BE USED FOR THE PURPOSE OF  PREVENTING
THE ESTABLISHMENT OF AN INDUSTRIAL OR MANUFACTURING PLANT, NOR SHALL ANY
FUNDS  OF  THE  AGENCY  BE  GIVEN  TO ANY GROUP OR ORGANIZATION WHICH IS
ATTEMPTING TO PREVENT THE ESTABLISHMENT OF AN INDUSTRIAL OR  MANUFACTUR-
ING PLANT WITHIN THIS STATE NOR SHALL SUCH FUNDS BE USED FOR ADVERTISING
OR  PROMOTIONAL  MATERIALS  WHICH DEPICT ELECTED OR APPOINTED GOVERNMENT
OFFICIALS IN EITHER PRINT OR ELECTRONIC MEDIA.
  S 5. The opening paragraph of section 2306 of the  public  authorities
law,  as  amended by chapter 556 of the laws of 1973, is amended to read
as follows:
  The purposes of the authority shall be to promote, develop,  encourage
and  assist  in  the acquiring, constructing, reconstructing, improving,
maintaining, equipping and furnishing industrial,  manufacturing,  ware-
house,  commercial  and  research facilities and facilities for use by a
federal agency or a  medical  facility  including  industrial  pollution
control  facilities, which may include transportation facilities includ-

A. 5700--B                          5

ing but not limited to those relating to water, highway, rail  and  air,
in  one  or more areas of the city, and thereby advance the job opportu-
nities, health, general prosperity and economic welfare of the people of
said  city  and  to  improve  their medical care and standard of living;
provided, however, that the authority shall not undertake any project if
the completion thereof would result in the removal of an  industrial  or
manufacturing  plant  of the project occupant from one area of the state
to another area of the state or in abandonment of one or more plants  or
facilities  of the project applicant located within the state, provided,
however, that neither restriction shall apply  if  the  authority  shall
determine  on the basis of the application before it that the project is
reasonably necessary to discourage the project  occupant  from  removing
such  other  plant  or  facility  to  a location outside the state or is
reasonably necessary to preserve the competitive position of the project
occupant in its respective industry.
  EXCEPT AS OTHERWISE PROVIDED BY THIS SECTION, NO FINANCIAL  ASSISTANCE
OF  THE  AUTHORITY  SHALL  BE  PROVIDED  IN RESPECT OF ANY PROJECT WHERE
FACILITIES OR PROPERTY THAT ARE PRIMARILY USED IN MAKING RETAIL SALES TO
CUSTOMERS WHO PERSONALLY VISIT  SUCH  FACILITIES  CONSTITUTE  MORE  THAN
ONE-THIRD  OF  THE TOTAL PROJECT COST. FOR THE PURPOSES OF THIS ARTICLE,
RETAIL SALES SHALL MEAN: (I) SALES BY A REGISTERED VENDOR UNDER  ARTICLE
TWENTY-EIGHT  OF  THE  TAX  LAW  PRIMARILY ENGAGED IN THE RETAIL SALE OF
TANGIBLE PERSONAL PROPERTY, AS DEFINED IN SUBPARAGRAPH (I) OF  PARAGRAPH
FOUR OF SUBDIVISION (B) OF SECTION ELEVEN HUNDRED ONE OF THE TAX LAW; OR
(II) SALES OF A SERVICE TO SUCH CUSTOMERS. EXCEPT, HOWEVER, THAT TOURISM
DESTINATION  PROJECTS  AND  PROJECTS  OPERATED  BY NOT-FOR-PROFIT CORPO-
RATIONS SHALL NOT BE PROHIBITED BY THIS SECTION.  FOR  THE  PURPOSES  OF
THIS  SECTION,  "TOURISM  DESTINATION" SHALL MEAN A LOCATION OR FACILITY
WHICH IS LIKELY TO ATTRACT A SIGNIFICANT NUMBER OF VISITORS FROM OUTSIDE
THE ECONOMIC DEVELOPMENT REGION AS ESTABLISHED BY  SECTION  TWO  HUNDRED
THIRTY OF THE ECONOMIC DEVELOPMENT LAW, IN WHICH THE PROJECT IS LOCATED.
  NOTWITHSTANDING  THE  PROVISIONS OF THIS SECTION TO THE CONTRARY, SUCH
FINANCIAL ASSISTANCE MAY, HOWEVER, BE PROVIDED TO A PROJECT WHERE FACIL-
ITIES OR PROPERTY THAT ARE PRIMARILY USED  IN  MAKING  RETAIL  SALES  OF
GOODS  OR  SERVICES TO CUSTOMERS WHO PERSONALLY VISIT SUCH FACILITIES TO
OBTAIN GOODS OR SERVICES CONSTITUTE MORE THAN  ONE-THIRD  OF  THE  TOTAL
PROJECT  COST, WHERE (I) THE PROJECT OCCUPANT WOULD, BUT FOR THE ASSIST-
ANCE PROVIDED BY THE AUTHORITY, LOCATE  THE  RELATED  JOBS  OUTSIDE  THE
STATE;  OR  (II) THE PREDOMINANT PURPOSE OF THE PROJECT WOULD BE TO MAKE
AVAILABLE GOODS OR SERVICES WHICH WOULD NOT, BUT  FOR  THE  PROJECT,  BE
REASONABLY  ACCESSIBLE TO THE RESIDENTS OF THE CITY OF TROY BECAUSE OF A
LACK OF REASONABLY ACCESSIBLE RETAIL FACILITIES OFFERING SUCH  GOODS  OR
SERVICES;  OR  (III)  THE PROJECT IS LOCATED IN A HIGHLY DISTRESSED AREA
WITH RESPECT TO PROJECTS  AUTHORIZED  PURSUANT  TO  THIS  PARAGRAPH,  NO
PROJECT  SHALL  BE  APPROVED  UNLESS  THE AUTHORITY SHALL FIND AFTER THE
PUBLIC HEARING REQUIRED BY SECTION TWENTY-THREE HUNDRED  SEVEN  OF  THIS
TITLE  THAT  UNDERTAKING  THE  PROJECT WILL SERVE THE PUBLIC PURPOSES OF
THIS ARTICLE BY PRESERVING PERMANENT, PRIVATE SECTOR JOBS OR  INCREASING
THE OVERALL NUMBER OF PERMANENT, PRIVATE SECTOR JOBS IN THE STATE. WHERE
THE  AUTHORITY  MAKES  SUCH A FINDING, PRIOR TO A GRANT OF ASSISTANCE TO
THE PROJECT BY THE AUTHORITY, THE CHIEF EXECUTIVE OFFICER OF THE CITY OF
AUBURN SHALL CONFIRM THE PROPOSED ACTION OR THE AUTHORITY.
  NO FUNDS OF THE AUTHORITY SHALL BE USED FOR THE PURPOSE OF  PREVENTING
THE ESTABLISHMENT OF AN INDUSTRIAL OR MANUFACTURING PLANT, NOR SHALL ANY
FINANCIAL ASSISTANCE OF THE AUTHORITY BE GIVEN TO ANY GROUP OR ORGANIZA-
TION  WHICH  IS ATTEMPTING TO PREVENT THE ESTABLISHMENT OF AN INDUSTRIAL

A. 5700--B                          6

OR MANUFACTURING PLANT  WITHIN  THIS  STATE  NOR  SHALL  SUCH  FINANCIAL
ASSISTANCE BE USED FOR ADVERTISING OR PROMOTIONAL MATERIALS WHICH DEPICT
ELECTED  OR APPOINTED GOVERNMENT OFFICIALS IN EITHER PRINT OR ELECTRONIC
MEDIA. To carry out such purpose, the authority shall have power:
  S  6.  Section 859 of the general municipal law is amended by adding a
new subdivision 4 to read as follows:
  4. EACH AGENCY WHICH HAS ISSUED BONDS TO FINANCE ANY  CIVIC  FACILITY,
AS  SUCH  PROJECT  IS  DEFINED  IN SUBDIVISION THIRTEEN OF SECTION EIGHT
HUNDRED FIFTY-FOUR OF THIS TITLE, SHALL ANNUALLY SUBMIT A REPORT TO  THE
DEPARTMENT  OF  ECONOMIC  DEVELOPMENT,  THE  DIRECTOR OF THE BUDGET, THE
CHAIRMAN OF THE SENATE FINANCE COMMITTEE AND THE CHAIRMAN OF THE  ASSEM-
BLY WAYS AND MEANS COMMITTEE. SUCH REPORT SHALL BE SUBMITTED ON THE SAME
DAY  AND  PERTAIN  TO THE SAME PERIOD OF TIME AS THE REPORT SPECIFIED IN
SUBDIVISIONS ONE AND TWO OF THIS SECTION. SUCH REPORT  SHALL  CONTAIN  A
LIST OF THE CIVIC FACILITIES AND FOR EACH SUCH FACILITY CONTAIN A SUMMA-
RY  DESCRIPTION  INCLUDING,  BUT NOT LIMITED TO, TOTAL PROJECT COSTS AND
THE AMOUNTS OF BONDS OF THE AGENCY ISSUED AND THE NUMBER OF JOBS CREATED
OR RETAINED IN CONNECTION WITH EACH SUCH FACILITY.
  S 7. Section 15 of chapter 66 of the laws of 1994, amending the public
health law, the general municipal law and the insurance law relating  to
the financing of life care communities, as amended by chapter 381 of the
laws of 2007, is amended to read as follows:
  S  15.  This act shall take effect immediately, provided, however that
the amendment made to subdivision 4 of section 854 of the general munic-
ipal law by section eight of this act shall not affect the reversion  of
such  subdivision as provided by section 5 of chapter 905 of the laws of
1986, as amended and that where the continuing care retirement community
council is authorized to promulgate regulations by this act, it is here-
by authorized to implement the provisions of this act in advance of such
regulations[; and provided further  that  sections  one,  three,  seven,
eight, nine, ten, eleven, twelve and thirteen of this act, and paragraph
m of subdivision 2 of section 4602 of the public health law, as added by
section  two  of  this act, shall apply only to applicants for a certif-
icate of authority pursuant to article 46 of the public health law  that
have  been  approved  to  receive  and have received such certificate of
authority on or before January 31, 2008].
  S 8. This act shall take effect  immediately;  provided  however  that
sections one through six of this act shall expire and be deemed repealed
on July 1, 2010.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5700--C

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 17, 2009
                               ___________

Introduced  by M. of A. MORELLE, SCHIMMINGER, CANESTRARI, MAGEE, CAHILL,
  ZEBROWSKI,  COOK,  MAGNARELLI,  GUNTHER,  V. LOPEZ,  HOYT,  P. RIVERA,
  FIELDS,  ENGLEBRIGHT  --  Multi-Sponsored  by  --  M. of A. BENEDETTO,
  BENJAMIN, BOYLAND, BRENNAN, CAMARA, CORWIN, DelMONTE, DESTITO,  GALEF,
  HAWLEY, KOLB, KOON, LATIMER, LAVINE, LIFTON, LUPARDO, ROBINSON, TITUS,
  TOWNS,  WEISENBERG -- read once and referred to the Committee on Local
  Governments -- committee discharged, bill amended,  ordered  reprinted
  as  amended  and  recommitted  to said committee -- recommitted to the
  Committee on Local Governments in accordance  with  Assembly  Rule  3,
  sec.  2  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee -- again reported from  said
  committee  with amendments, ordered reprinted as amended and recommit-
  ted to said committee

AN ACT to amend the general municipal law  and  the  public  authorities
  law, in relation to authorizing financing assistance for civic facili-
  ties  by  industrial  development agencies, and in relation to the tax
  exemption status of industrial development agencies; to amend  chapter
  66  of  the  laws of 1994, amending the public health law, the general
  municipal law and the insurance law relating to the financing of  life
  care  communities,  in relation to the application deadline for eligi-
  bility for assistance  from  an  industrial  development  agency;  and
  providing  for  the  repeal  of certain provisions upon the expiration
  thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (b) of subdivision 4 of section 874 of the gener-
al  municipal  law,  as  amended  by chapter 357 of the laws of 1993, is
amended and a new subdivision 9 is added to read as follows:
  (b) THE UNIFORM TAX EXEMPTION  POLICY  ESTABLISHED  PURSUANT  TO  THIS
SECTION  SHALL  BE  REVIEWED  AND READOPTED BY THE AGENCY AT LEAST EVERY
FIVE YEARS FOLLOWING A PUBLIC HEARING. NOTICE OF THIS HEARING  SHALL  BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08976-10-0
              

A. 5700--C                          2

GIVEN  TO THE CHIEF EXECUTIVE OFFICER OF EACH AFFECTED TAX JURISDICTIONS
AT LEAST SIXTY DAYS BEFORE THE HEARING. PRIOR TO THE HEARING THE  AGENCY
SHALL  REVIEW,  AND  RESPOND  TO  ANY  CORRESPONDENCE  RECEIVED FROM ANY
AFFECTED  TAX JURISDICTION. THE AGENCY SHALL ALLOW ANY REPRESENTATIVE OF
AN AFFECTED TAX JURISDICTION TO ADDRESS THE AGENCY AT THE  HEARING.  THE
AGENCY  SHALL  DEVELOP AND SUBMIT A REPORT TO THE AFFECTED TAX JURISDIC-
TIONS SIXTY DAYS PRIOR TO THE HEARING WHICH DETAILS THE  PROJECTS  WHICH
THE  AGENCY  HAS  ASSISTED  IN THE PREVIOUS FIVE YEARS AND SHALL INCLUDE
INFORMATION SPECIFIC TO EACH PROJECT INCLUDING THE PERIOD OF  EXEMPTION;
THE  TYPE OF PROJECT; THE ESTIMATED PERCENTAGE OF EXEMPTION BY YEAR; THE
ESTIMATED VALUE OF ANY OTHER ASSISTANCE PROVIDED BY THE AGENCY;  WHETHER
COMMITMENTS  FOR  PAYMENTS IN LIEU OF TAXES WERE MADE AND MET, THE ESTI-
MATED VALUE OF SUCH PAYMENTS BY YEAR AND AFFECTED TAX JURISDICTION;  THE
ESTIMATED  AMOUNT OF PRIVATE SECTOR INVESTMENT GENERATED BY THE PROJECT;
AND THE EXTENT TO WHICH  THE  PROJECT  CREATED  OR  RETAINED  PERMANENT,
PRIVATE SECTOR JOBS.
  (C)  The  agency  shall  establish  a procedure for deviation from the
uniform tax exemption policy required pursuant to this subdivision.  The
agency  shall  set  forth in writing the reasons for deviation from such
policy, and shall further notify the affected local taxing jurisdictions
of the proposed deviation from such policy and the reasons therefor.
  SUCH NOTICE TO THE AFFECTED TAX JURISDICTIONS SHALL BE  GIVEN  TO  THE
CHIEF EXECUTIVE OFFICER OF EACH AFFECTED TAX JURISDICTION AT LEAST THIR-
TY  DAYS  PRIOR  TO  THE MEETING OF THE AGENCY AT WHICH THE AGENCY SHALL
CONSIDER WHETHER TO APPROVE SUCH PROPOSED  DEVIATION.  PRIOR  TO  TAKING
FINAL ACTION AT SAID MEETING, THE AGENCY SHALL REVIEW AND RESPOND TO ANY
CORRESPONDENCE  RECEIVED  FROM  ANY  AFFECTED TAX JURISDICTION REGARDING
SUCH PROPOSED DEVIATION. THE AGENCY SHALL ALLOW ANY REPRESENTATIVE OF AN
AFFECTED TAX JURISDICTION PRESENT AT SUCH MEETING TO ADDRESS THE  AGENCY
REGARDING SUCH PROPOSED DEVIATION.
  (9)  WITHIN  THIRTY  DAYS  OF  THE  DATE  THAT THE AGENCY DESIGNATES A
PROJECT OPERATOR OR OTHER PERSON TO ACT  AS  AGENT  OF  THE  AGENCY  FOR
PURPOSES  OF  EXTENDING A SALES TAX EXEMPTION TO SUCH PERSON, THE AGENCY
SHALL FILE A STATEMENT WITH  THE  DEPARTMENT  OF  TAXATION  AND  FINANCE
RELATING  THERETO,  ON A FORM AND IN SUCH MANNER AS IS PRESCRIBED BY THE
COMMISSIONER OF TAXATION AND FINANCE, IDENTIFYING  EACH  SUCH  AGENT  SO
NAMED BY THE AGENCY, SETTING FORTH THE TAXPAYER IDENTIFICATION NUMBER OF
EACH SUCH AGENT, GIVING A BRIEF DESCRIPTION OF THE GOODS AND/OR SERVICES
INTENDED TO BE EXEMPTED FROM SALES TAXES AS A RESULT OF SUCH APPOINTMENT
AS  AGENT,  INDICATING  THE  AGENCY'S ROUGH ESTIMATE OF THE VALUE OF THE
GOODS AND/OR SERVICES TO WHICH SUCH APPOINTMENT AS AGENT RELATES,  INDI-
CATING  THE  DATE  WHEN  SUCH  DESIGNATION AS AGENT BECAME EFFECTIVE AND
INDICATING THE DATE UPON WHICH SUCH DESIGNATION AS AGENT SHALL CEASE.
  S 2. Subdivision 4 of section 854 of the  general  municipal  law,  as
amended  by chapter 541 of the laws of 1982, is amended and a new subdi-
vision 13 is added to read as follows:
  (4) "Project" - shall mean any land, any building  or  other  improve-
ment,  and  all real and personal properties located within the state of
New York and within or outside or partially within and partially outside
the municipality for whose benefit the agency  was  created,  including,
but  not  limited  to,  machinery, equipment and other facilities deemed
necessary or desirable in connection therewith, or  incidental  thereto,
whether  or  not  now in existence or under construction, which shall be
suitable for manufacturing, warehousing, research, CIVIC  commercial  or
industrial  purposes or other economically sound purposes identified and
called for to implement a state designated urban cultural  park  manage-

A. 5700--C                          3

ment  plan  as provided in title G of the parks, recreation and historic
preservation law and which may include or mean an  industrial  pollution
control facility, a recreation facility, educational or cultural facili-
ty, a horse racing facility [or], a railroad facility OR CIVIC FACILITY,
provided,  however,  no  agency  shall  use  its funds in respect of any
project wholly or partially outside the municipality for  whose  benefit
the  agency was created without the prior consent thereto by the govern-
ing body or bodies of all the other municipalities in which  a  part  or
parts  of  the project is, or is to be, located.  PROVIDED FURTHER, THAT
NO AGENCY SHALL PROVIDE FINANCIAL ASSISTANCE FOR ANY PROJECT  WHERE  THE
PROJECT  APPLICANT  HAS  ANY  AGREEMENT  TO SUBSEQUENTLY CONTRACT WITH A
MUNICIPALITY FOR THE LEASE OR PURCHASE OF SUCH PROJECT OR PROJECT FACIL-
ITY.
  (13) "CIVIC FACILITY" - SHALL MEAN ANY FACILITY WHICH SHALL  BE  OWNED
OR OCCUPIED BY A NOT-FOR-PROFIT CORPORATION ORGANIZED AND EXISTING UNDER
THE  LAWS  OF  THIS  STATE  OR  AUTHORIZED TO CONDUCT ACTIVITIES IN THIS
STATE. SUCH FACILITIES SHALL NOT  INCLUDE  CONVENTION  CENTERS,  HOUSING
FACILITIES,  DORMITORIES  FOR  EDUCATIONAL INSTITUTIONS OR ROADS, BUILD-
INGS, WATER SYSTEMS, SEWER SYSTEMS, OR ANY PUBLIC FACILITY FOR USE BY  A
MUNICIPALITY IN THE PERFORMANCE OF ITS GOVERNMENTAL FUNCTIONS OR MEDICAL
FACILITIES  WHICH  ARE  PREDOMINANTLY  USED  FOR THE DELIVERY OF MEDICAL
SERVICES, EXCEPT  THAT  SUCH  FACILITIES  SHALL  INCLUDE  REHABILITATION
CENTERS  AND  HOSPICES. NOTWITHSTANDING THE LIMITATIONS CONTAINED IN THE
PRECEDING SENTENCE, A CIVIC FACILITY PROJECT MAY INCLUDE:  (A)  DORMITO-
RIES  FOR EDUCATIONAL INSTITUTIONS; (B) FACILITIES AS DEFINED IN ARTICLE
TWENTY-EIGHT OF THE PUBLIC HEALTH LAW; (C) HOUSING FACILITIES  PRIMARILY
DESIGNED  TO BE OCCUPIED BY INDIVIDUALS SIXTY YEARS OF AGE OR OLDER; AND
(D) CONTINUING CARE RETIREMENT COMMUNITIES.   NOTHING  IN  THIS  ARTICLE
SHALL  BE  DEEMED  TO  WAIVE ANY APPLICABLE REQUIREMENT FOR AN OPERATING
FACILITY CERTIFICATE, CONSENT OR ANY OTHER APPROVAL AS PROVIDED BY LAW.
  S 3. Subdivision 3 of section 859-a of the general municipal  law,  as
added by chapter 356 of the laws of 1993, is amended to read as follows:
  3. The agency must give at least [ten] THIRTY days published notice of
said  public hearing and shall, at the same time, provide notice of such
hearing to the chief executive officer of each affected tax jurisdiction
within which the project is located. The notice of  hearing  must  state
the  time  and  place  of  the  hearing,  contain  a general, functional
description of the project, describe the  prospective  location  of  the
project,  identify the initial owner, operator or manager of the project
and generally describe the  financial  assistance  contemplated  by  the
agency  with  respect to the project, AND PROVIDE AN OPPORTUNITY FOR THE
PUBLIC TO REVIEW THE PROJECT APPLICATION, WHICH SHALL INCLUDE AN  ANALY-
SIS OF THE COSTS AND BENEFITS OF THE PROPOSED PROJECT.
  S  4.  Section  862  of the general municipal law, as added by chapter
1030 of the laws of 1969, is amended to read as follows:
  S 862. Restrictions on funds of the agency. 1.  No  [funds]  FINANCIAL
ASSISTANCE  of the agency shall be used in respect of any project if the
completion thereof would result in the  removal  of  [an  industrial  or
manufacturing] A FACILITY OR plant of the project occupant from one area
of  the  state to another area of the state or in the abandonment of one
or more plants or facilities of the project occupant located within  the
state,  provided,  however,  that neither restriction shall apply if the
agency shall determine on the basis of the application  before  it  that
the  project  is reasonably necessary to discourage the project occupant
from removing such other plant or facility to  a  location  outside  the

A. 5700--C                          4

state or is reasonably necessary to preserve the competitive position of
the project occupant in its respective industry.
  2.  (A)  EXCEPT  AS  PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, NO
FINANCIAL ASSISTANCE OF THE AGENCY SHALL BE PROVIDED IN RESPECT  OF  ANY
PROJECT  WHERE  FACILITIES OR PROPERTY THAT ARE PRIMARILY USED IN MAKING
RETAIL SALES TO CUSTOMERS WHO PERSONALLY VISIT SUCH  FACILITIES  CONSTI-
TUTE  MORE THAN ONE-THIRD OF THE TOTAL PROJECT COST. FOR THE PURPOSES OF
THIS ARTICLE, RETAIL SALES SHALL MEAN: (I) SALES BY A REGISTERED  VENDOR
UNDER  ARTICLE  TWENTY-EIGHT  OF  THE  TAX  LAW PRIMARILY ENGAGED IN THE
RETAIL SALE OF TANGIBLE PERSONAL PROPERTY, AS  DEFINED  IN  SUBPARAGRAPH
(I)  OF  PARAGRAPH FOUR OF SUBDIVISION (B) OF SECTION ELEVEN HUNDRED ONE
OF THE TAX LAW; OR (II) SALES OF A SERVICE TO  SUCH  CUSTOMERS.  EXCEPT,
HOWEVER,  THAT  TOURISM  DESTINATION  PROJECTS  AND PROJECTS OPERATED BY
NOT-FOR-PROFIT CORPORATIONS SHALL NOT BE PROHIBITED BY THIS SUBDIVISION.
FOR THE PURPOSE OF THIS PARAGRAPH, "TOURISM DESTINATION"  SHALL  MEAN  A
LOCATION  OR FACILITY WHICH IS LIKELY TO ATTRACT A SIGNIFICANT NUMBER OF
VISITORS FROM OUTSIDE THE ECONOMIC DEVELOPMENT REGION AS ESTABLISHED  BY
SECTION TWO HUNDRED THIRTY OF THE ECONOMIC DEVELOPMENT LAW, IN WHICH THE
PROJECT IS LOCATED.
  (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, FINANCIAL ASSISTANCE MAY, HOWEVER, BE PROVIDED TO A PROJECT  WHERE
FACILITIES OR PROPERTY THAT ARE PRIMARILY USED IN MAKING RETAIL SALES OF
GOODS  OR  SERVICES TO CUSTOMERS WHO PERSONALLY VISIT SUCH FACILITIES TO
OBTAIN SUCH GOODS OR SERVICES CONSTITUTE  MORE  THAN  ONE-THIRD  OF  THE
TOTAL  PROJECT  COST,  WHERE (I) THE PROJECT OCCUPANT WOULD, BUT FOR THE
ASSISTANCE PROVIDED BY THE AGENCY, LOCATE THE RELATED JOBS  OUTSIDE  THE
STATE,  OR  (II) THE PREDOMINANT PURPOSE OF THE PROJECT WOULD BE TO MAKE
AVAILABLE GOODS OR SERVICES WHICH WOULD NOT, BUT  FOR  THE  PROJECT,  BE
REASONABLY  ACCESSIBLE  TO  THE  RESIDENTS OF THE CITY, TOWN, OR VILLAGE
WITHIN WHICH THE PROPOSED PROJECT WOULD BE LOCATED BECAUSE OF A LACK  OF
REASONABLY  ACCESSIBLE  RETAIL  TRADE  FACILITIES OFFERING SUCH GOODS OR
SERVICES, OR (III) THE PROJECT IS LOCATED IN A HIGHLY DISTRESSED AREA.
  (C) WITH RESPECT TO PROJECTS AUTHORIZED PURSUANT TO PARAGRAPH  (B)  OF
THIS  SUBDIVISION,  NO PROJECT SHALL BE APPROVED UNLESS THE AGENCY SHALL
FIND  AFTER  THE  PUBLIC  HEARING  REQUIRED  BY  SECTION  EIGHT  HUNDRED
FIFTY-NINE  OF  THIS  TITLE  THAT UNDERTAKING THE PROJECT WILL SERVE THE
PUBLIC PURPOSES OF THIS ARTICLE BY PRESERVING PERMANENT, PRIVATE  SECTOR
JOBS  OR INCREASING THE OVERALL NUMBER OF PERMANENT, PRIVATE SECTOR JOBS
IN THE STATE. WHERE THE AGENCY MAKES SUCH A FINDING, PRIOR TO A GRANT OF
ASSISTANCE TO THE PROJECT BY THE AGENCY, THE CHIEF EXECUTIVE OFFICER  OF
THE  MUNICIPALITY FOR WHOSE BENEFIT THE AGENCY WAS CREATED SHALL CONFIRM
THE PROPOSED ACTION OF THE AGENCY.
  3. NO FUNDS OF THE AGENCY SHALL BE USED FOR THE PURPOSE OF  PREVENTING
THE ESTABLISHMENT OF AN INDUSTRIAL OR MANUFACTURING PLANT, NOR SHALL ANY
FUNDS  OF  THE  AGENCY  BE  GIVEN  TO ANY GROUP OR ORGANIZATION WHICH IS
ATTEMPTING TO PREVENT THE ESTABLISHMENT OF AN INDUSTRIAL OR  MANUFACTUR-
ING PLANT WITHIN THIS STATE NOR SHALL SUCH FUNDS BE USED FOR ADVERTISING
OR  PROMOTIONAL  MATERIALS  WHICH DEPICT ELECTED OR APPOINTED GOVERNMENT
OFFICIALS IN EITHER PRINT OR ELECTRONIC MEDIA.
  S 5. The opening paragraph of section 2306 of the  public  authorities
law,  as  amended by chapter 556 of the laws of 1973, is amended to read
as follows:
  The purposes of the authority shall be to promote, develop,  encourage
and  assist  in  the acquiring, constructing, reconstructing, improving,
maintaining, equipping and furnishing industrial,  manufacturing,  ware-
house,  commercial  and  research facilities and facilities for use by a

A. 5700--C                          5

federal agency or a  medical  facility  including  industrial  pollution
control  facilities, which may include transportation facilities includ-
ing but not limited to those relating to water, highway, rail  and  air,
in  one  or more areas of the city, and thereby advance the job opportu-
nities, health, general prosperity and economic welfare of the people of
said city and to improve their medical  care  and  standard  of  living;
provided, however, that the authority shall not undertake any project if
the  completion  thereof would result in the removal of an industrial or
manufacturing plant of the project occupant from one area of  the  state
to  another area of the state or in abandonment of one or more plants or
facilities of the project applicant located within the state,  provided,
however,  that  neither  restriction  shall apply if the authority shall
determine on the basis of the application before it that the project  is
reasonably  necessary  to  discourage the project occupant from removing
such other plant or facility to a  location  outside  the  state  or  is
reasonably necessary to preserve the competitive position of the project
occupant in its respective industry.
  EXCEPT  AS OTHERWISE PROVIDED BY THIS SECTION, NO FINANCIAL ASSISTANCE
OF THE AUTHORITY SHALL BE PROVIDED  IN  RESPECT  OF  ANY  PROJECT  WHERE
FACILITIES OR PROPERTY THAT ARE PRIMARILY USED IN MAKING RETAIL SALES TO
CUSTOMERS  WHO  PERSONALLY  VISIT  SUCH  FACILITIES CONSTITUTE MORE THAN
ONE-THIRD OF THE TOTAL PROJECT COST. FOR THE PURPOSES OF  THIS  ARTICLE,
RETAIL  SALES SHALL MEAN: (I) SALES BY A REGISTERED VENDOR UNDER ARTICLE
TWENTY-EIGHT OF THE TAX LAW PRIMARILY ENGAGED  IN  THE  RETAIL  SALE  OF
TANGIBLE  PERSONAL PROPERTY, AS DEFINED IN SUBPARAGRAPH (I) OF PARAGRAPH
FOUR OF SUBDIVISION (B) OF SECTION ELEVEN HUNDRED ONE OF THE TAX LAW; OR
(II) SALES OF A SERVICE TO SUCH CUSTOMERS. EXCEPT, HOWEVER, THAT TOURISM
DESTINATION PROJECTS AND  PROJECTS  OPERATED  BY  NOT-FOR-PROFIT  CORPO-
RATIONS  SHALL  NOT  BE  PROHIBITED BY THIS SECTION. FOR THE PURPOSES OF
THIS SECTION, "TOURISM DESTINATION" SHALL MEAN A  LOCATION  OR  FACILITY
WHICH IS LIKELY TO ATTRACT A SIGNIFICANT NUMBER OF VISITORS FROM OUTSIDE
THE  ECONOMIC  DEVELOPMENT  REGION AS ESTABLISHED BY SECTION TWO HUNDRED
THIRTY OF THE ECONOMIC DEVELOPMENT LAW, IN WHICH THE PROJECT IS LOCATED.
  NOTWITHSTANDING THE PROVISIONS OF THIS SECTION TO THE  CONTRARY,  SUCH
FINANCIAL ASSISTANCE MAY, HOWEVER, BE PROVIDED TO A PROJECT WHERE FACIL-
ITIES  OR  PROPERTY  THAT  ARE  PRIMARILY USED IN MAKING RETAIL SALES OF
GOODS OR SERVICES TO CUSTOMERS WHO PERSONALLY VISIT SUCH  FACILITIES  TO
OBTAIN  GOODS  OR  SERVICES  CONSTITUTE MORE THAN ONE-THIRD OF THE TOTAL
PROJECT COST, WHERE (I) THE PROJECT OCCUPANT WOULD, BUT FOR THE  ASSIST-
ANCE  PROVIDED  BY  THE  AUTHORITY,  LOCATE THE RELATED JOBS OUTSIDE THE
STATE; OR (II) THE PREDOMINANT PURPOSE OF THE PROJECT WOULD BE  TO  MAKE
AVAILABLE  GOODS  OR  SERVICES  WHICH WOULD NOT, BUT FOR THE PROJECT, BE
REASONABLY ACCESSIBLE TO THE RESIDENTS OF THE CITY OF TROY BECAUSE OF  A
LACK  OF  REASONABLY ACCESSIBLE RETAIL FACILITIES OFFERING SUCH GOODS OR
SERVICES; OR (III) THE PROJECT IS LOCATED IN A  HIGHLY  DISTRESSED  AREA
WITH  RESPECT  TO  PROJECTS  AUTHORIZED  PURSUANT  TO THIS PARAGRAPH, NO
PROJECT SHALL BE APPROVED UNLESS THE  AUTHORITY  SHALL  FIND  AFTER  THE
PUBLIC  HEARING  REQUIRED  BY SECTION TWENTY-THREE HUNDRED SEVEN OF THIS
TITLE THAT UNDERTAKING THE PROJECT WILL SERVE  THE  PUBLIC  PURPOSES  OF
THIS  ARTICLE BY PRESERVING PERMANENT, PRIVATE SECTOR JOBS OR INCREASING
THE OVERALL NUMBER OF PERMANENT, PRIVATE SECTOR JOBS IN THE STATE. WHERE
THE AUTHORITY MAKES SUCH A FINDING, PRIOR TO A GRANT  OF  ASSISTANCE  TO
THE PROJECT BY THE AUTHORITY, THE CHIEF EXECUTIVE OFFICER OF THE CITY OF
AUBURN SHALL CONFIRM THE PROPOSED ACTION OR THE AUTHORITY.
  NO  FUNDS OF THE AUTHORITY SHALL BE USED FOR THE PURPOSE OF PREVENTING
THE ESTABLISHMENT OF AN INDUSTRIAL OR MANUFACTURING PLANT, NOR SHALL ANY

A. 5700--C                          6

FINANCIAL ASSISTANCE OF THE AUTHORITY BE GIVEN TO ANY GROUP OR ORGANIZA-
TION WHICH IS ATTEMPTING TO PREVENT THE ESTABLISHMENT OF  AN  INDUSTRIAL
OR  MANUFACTURING  PLANT  WITHIN  THIS  STATE  NOR  SHALL SUCH FINANCIAL
ASSISTANCE BE USED FOR ADVERTISING OR PROMOTIONAL MATERIALS WHICH DEPICT
ELECTED  OR APPOINTED GOVERNMENT OFFICIALS IN EITHER PRINT OR ELECTRONIC
MEDIA. To carry out such purpose, the authority shall have power:
  S 6. Section 859 of the general municipal law is amended by  adding  a
new subdivision 4 to read as follows:
  4.  EACH  AGENCY WHICH HAS ISSUED BONDS TO FINANCE ANY CIVIC FACILITY,
AS SUCH PROJECT IS DEFINED IN  SUBDIVISION  THIRTEEN  OF  SECTION  EIGHT
HUNDRED  FIFTY-FOUR OF THIS TITLE, SHALL ANNUALLY SUBMIT A REPORT TO THE
DEPARTMENT OF ECONOMIC DEVELOPMENT, THE  DIRECTOR  OF  THE  BUDGET,  THE
CHAIRMAN  OF THE SENATE FINANCE COMMITTEE AND THE CHAIRMAN OF THE ASSEM-
BLY WAYS AND MEANS COMMITTEE. SUCH REPORT SHALL BE SUBMITTED ON THE SAME
DAY AND PERTAIN TO THE SAME PERIOD OF TIME AS THE  REPORT  SPECIFIED  IN
SUBDIVISIONS  ONE  AND  TWO OF THIS SECTION. SUCH REPORT SHALL CONTAIN A
LIST OF THE CIVIC FACILITIES AND FOR EACH SUCH FACILITY CONTAIN A SUMMA-
RY DESCRIPTION INCLUDING, BUT NOT LIMITED TO, TOTAL  PROJECT  COSTS  AND
THE AMOUNTS OF BONDS OF THE AGENCY ISSUED AND THE NUMBER OF JOBS CREATED
OR RETAINED IN CONNECTION WITH EACH SUCH FACILITY.
  S 7. Section 15 of chapter 66 of the laws of 1994, amending the public
health  law, the general municipal law and the insurance law relating to
the financing of life care communities, as amended by chapter 381 of the
laws of 2007, is amended to read as follows:
  S 15. This act shall take effect immediately, provided,  however  that
the amendment made to subdivision 4 of section 854 of the general munic-
ipal  law by section eight of this act shall not affect the reversion of
such subdivision as provided by section 5 of chapter 905 of the laws  of
1986, as amended and that where the continuing care retirement community
council is authorized to promulgate regulations by this act, it is here-
by authorized to implement the provisions of this act in advance of such
regulations[;  and  provided  further  that  sections one, three, seven,
eight, nine, ten, eleven, twelve and thirteen of this act, and paragraph
m of subdivision 2 of section 4602 of the public health law, as added by
section two of this act, shall apply only to applicants  for  a  certif-
icate  of authority pursuant to article 46 of the public health law that
have been approved to receive and  have  received  such  certificate  of
authority on or before January 31, 2008].
  S  8.  This  act  shall take effect immediately; provided however that
sections one through six of this act shall expire and be deemed repealed
on July 1, 2011.