Assembly Bill A11275

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

                                  11275

                          I N  A S S E M B L Y

                              May 25, 2010
                               ___________

Introduced  by  M.  of  A. KOLB, CONTE, CORWIN, MURRAY, O'MARA, REILICH,
  SAYWARD -- Multi-Sponsored by -- M. of A. ALFANO,  BACALLES,  BARCLAY,
  BARRA,  BOYLE,  BUTLER,  CALHOUN,  CASTELLI,  CROUCH,  ERRIGO,  FINCH,
  FITZPATRICK,  GIGLIO,  HAWLEY,  HAYES,  JORDAN,  McDONOUGH,  McKEVITT,
  J. MILLER,  MOLINARO, MONTESANO, OAKS, RABBITT, RAIA, SALADINO, TOBAC-
  CO, TOWNSEND -- read once and  referred  to  the  Committee  on  Local
  Governments

AN  ACT  to  amend the general municipal law, in relation to authorizing
  financing assistance for civic facilities  by  industrial  development
  agencies

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

  Section 1.  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
subdivision 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
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.

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

                                                           LBD17400-01-0

A. 11275                            2

  (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  2.  Paragraph (f) of subdivision 1 and subdivision 2 of section 859
of the general municipal law, paragraph (f) of subdivision 1 as added by
section 28 of part A3 of chapter 62 of the laws of 2003 and  subdivision
2  as  amended by chapter 356 of the laws of 1993, are amended and a new
subdivision 4 is added to read as follows:
  (f) Within thirty days after completion, a copy of an  audited  finan-
cial statement which contains transactions of or bonds or notes of civic
facilities  as  defined  in  paragraph  (b)  of  subdivision thirteen of
section eight hundred fifty-four of this [article] TITLE, shall be tran-
smitted by the agency to the commissioner of health, the  chair  of  the
senate  finance  committee,  the  chair  of  the assembly ways and means
committee, THE RANKING MINORITY MEMBER OF THE SENATE FINANCE  COMMITTEE,
THE  RANKING  MINORITY  MEMBER OF THE ASSEMBLY WAYS AND MEANS COMMITTEE,
the chair of the senate health committee [and], the chair of the  assem-
bly  health  committee, THE RANKING MINORITY MEMBER OF THE SENATE HEALTH
COMMITTEE, AND THE  RANKING  MINORITY  MEMBER  OF  THE  ASSEMBLY  HEALTH
COMMITTEE.
  2.  On or before September first of each year, the commissioner of the
department of economic development  shall  prepare  and  submit  to  the
governor,  speaker  of  the assembly, majority leader of the senate, THE
MINORITY LEADER OF THE SENATE, THE MINORITY LEADER OF THE ASSEMBLY,  and
the  state  comptroller, a report setting forth a summary of the signif-
icant trends in operations and financing by  agencies  and  authorities;
departures  from  acceptable  practices  by  agencies and authorities; a
compilation by type of the bonds and notes outstanding; a compilation of
all outstanding straight-lease transactions; an estimate  of  the  total
number of jobs created and retained by agency or authority projects; and
any  other  information  which  in the opinion of the commissioner bears
upon the discharge of the statutory functions of agencies  and  authori-
ties.
  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, THE CHAIRMAN OF THE ASSEMBLY
WAYS AND MEANS COMMITTEE, THE RANKING  MINORITY  MEMBER  OF  THE  SENATE
FINANCE  COMMITTEE, AND THE RANKING MINORITY MEMBER OF THE ASSEMBLY 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 SUBDIVI-

A. 11275                            3

SIONS ONE AND TWO OF THIS SECTION. SUCH REPORT SHALL CONTAIN A  LIST  OF
THE  CIVIC  FACILITIES  AND  FOR  EACH  SUCH  FACILITY CONTAIN A SUMMARY
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 3. This act shall take effect immediately.