S T A T E O F N E W Y O R K
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3826
2011-2012 Regular Sessions
I N A S S E M B L Y
January 27, 2011
___________
Introduced by M. of A. MORELLE, SCHIMMINGER, CANESTRARI, MAGEE, CAHILL,
ZEBROWSKI, COOK, MAGNARELLI, GUNTHER, V. LOPEZ, HOYT, P. RIVERA,
ENGLEBRIGHT -- Multi-Sponsored by -- M. of A. BENEDETTO, BOYLAND,
BRENNAN, CAMARA, CORWIN, DESTITO, GALEF, HAWLEY, KOLB, LATIMER,
LAVINE, LIFTON, LUPARDO, ROBINSON, TITUS, TOWNS, WEISENBERG -- read
once and referred to the Committee on Local Governments
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 10 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
AGENCY SHALL DEVELOP AND SUBMIT A REPORT TO THE AFFECTED TAX JURISDIC-
TIONS SIXTY DAYS PRIOR TO THE HEARING WHICH DETAILS THE PROJECTS WHICH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05404-01-1
A. 3826 2
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.
(10) 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
project wholly or partially outside the municipality for whose benefit
the agency was created without the prior consent thereto by the govern-
A. 3826 3
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.
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
A. 3826 4
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;
provided, however, that the authority shall not undertake any project if
the completion thereof would result in the removal of an industrial or
A. 3826 5
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:
S 6. Section 859 of the general municipal law is amended by adding a
new subdivision 4 to read as follows:
A. 3826 6
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
July 1, 2012.