S T A T E O F N E W Y O R K
________________________________________________________________________
3892
2011-2012 Regular Sessions
I N A S S E M B L Y
January 28, 2011
___________
Introduced by M. of A. FINCH -- read once and referred to the Committee
on Economic Development
AN ACT to amend the economic development law, in relation to enacting
the "North Star Initiative"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "North Star
Initiative".
S 2. The economic development law is amended by adding a new article
18 to read as follows:
ARTICLE 18
THE NORTH STAR INITIATIVE
SECTION 380. FACILITIES CLOSURE PROCESS.
381. THE NORTH STAR INITIATIVE COMMISSION.
S 380. FACILITIES CLOSURE PROCESS. NOTWITHSTANDING ANY PROVISION OF
LAW TO THE CONTRARY, NO STATE-OWNED AND STATE-RUN FACILITY THAT IS SCHE-
DULED TO BE CLOSED SHALL CLOSE WITHIN TWO YEARS OF THE DATE OF THE
NOTIFICATION OF CLOSURE. UPON NOTIFICATION, THE PROPOSED CLOSURE SHALL
BE REFERRED TO THE NORTH STAR INITIATIVE COMMISSION ESTABLISHED BY
SECTION THREE HUNDRED EIGHTY-ONE OF THIS ARTICLE FOR STUDY OF THE
EFFECTS OF THE CLOSURE AND DEVELOPMENT OF A PLAN TO MITIGATE THE ECONOM-
IC IMPACT OF THE CLOSURE ON THE AFFECTED LOCAL AREA. IN NO EVENT SHALL A
FACILITY BE CLOSED WITHIN TWO YEARS AFTER NOTIFICATION OF THE CLOSURE.
S 381. THE NORTH STAR INITIATIVE COMMISSION. 1. A STATE COMMISSION, TO
BE KNOWN AS THE NORTH STAR INITIATIVE COMMISSION, HEREINAFTER REFERRED
TO AS THE COMMISSION, IS HEREBY CREATED TO EXAMINE, EVALUATE AND DETER-
MINE THE APPROPRIATE HANDLING OF THE CLOSING OF STATE OWNED AND RUN
FACILITIES AND TO DEVELOP A PLAN TO MITIGATE THE ECONOMIC IMPACT OF THE
CLOSURE ON THE AFFECTED LOCAL AREA AS PROVIDED IN SECTION THREE HUNDRED
EIGHTY OF THIS ARTICLE.
2. THE COMMISSION SHALL CONSIST OF MEMBERS AS FOLLOWS:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03794-01-1
A. 3892 2
(A) THE CHAIR OF THE EMPIRE STATE DEVELOPMENT CORPORATION;
(B) THE CHIEF EXECUTIVE OFFICER OF EACH MUNICIPALITY AFFECTED BY
CLOSURES;
(C) THE DIRECTOR OF THE ECONOMIC DEVELOPMENT AGENCY OF EACH REGION
AFFECTED; AND
(D) REPRESENTATIVES FROM THE FINANCIAL, EDUCATION AND BUSINESS COMMU-
NITY.
3. PRIOR TO THE CLOSURE OF A STATE FACILITY, THE COMMISSION SHALL
DEVELOP A PLAN TO ADDRESS THE ECONOMIC AND QUALITY OF LIFE NEEDS OF THE
COMMUNITIES AFFECTED BY THE CLOSURE OF STATE FACILITIES, INCLUDING A
COMPONENT FOR REPLACING LOST REVENUE THAT SIGNIFICANTLY IMPACTS THE
AFFECTED COMMUNITY OR COMMUNITIES, AND A VIABLE REUSE OF THE BUILDING
HOUSING THE FACILITY TO BE CLOSED IN ORDER TO ENSURE THAT ANY ENTITY
CLOSINGS DESIGNED TO SAVE TAXPAYER MONEY WOULD ALLOW THE LOCALITY TO
REUSE THE FORMER SITE IN A WAY THAT PROVIDES INCOME FOR THE COMMUNITY
AND GIVE THE AFFECTED PERSONNEL TIME TO MAKE ARRANGEMENTS FOR A TRANSFER
TO ANOTHER FACILITY OR FIND ALTERNATIVE EMPLOYMENT IN THE AREA. THE
COMMISSION SHALL CREATE A VIABLE REUSE PLAN TAILORED TO AN AFFECTED
LOCAL COMMUNITY'S SPECIFIC NEEDS TO MAKE UP FOR THE DEVASTATING IMPACT
OF FACILITY CLOSURES ON LOCAL ECONOMIES.
4. THE MEMBERS OF THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES HEREUNDER. TO THE MAXIMUM
EXTENT FEASIBLE, THE COMMISSION SHALL BE ENTITLED TO REQUEST AND RECEIVE
AND SHALL UTILIZE AND BE PROVIDED WITH SUCH FACILITIES, RESOURCES, AND
DATA OF ANY COURT, DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION, OR
AGENCY OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF AS IT DEEMS
NECESSARY OR DESIRABLE TO CARRY OUT PROPERLY ITS POWERS AND DUTIES HERE-
UNDER.
5. THE COMMISSION SHALL RECEIVE A BUDGET DESIGNATED IN THE DEPART-
MENT'S BUDGET WHICH SHALL BE USED FOR FUNDING OF THE COMMISSION EXPENSES
AND INITIATIVES.
6. THE COMMISSION MAY EMPLOY AND AT PLEASURE REMOVE SUCH PERSONNEL AS
IT MAY DEEM NECESSARY FOR THE PERFORMANCE OF ITS FUNCTIONS AND FIX THEIR
COMPENSATION WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR.
7. THE COMMISSION SHALL MEET WITHIN THE STATE, SHALL HOLD PUBLIC HEAR-
INGS, AND SHALL HAVE ALL THE POWERS OF A LEGISLATIVE COMMITTEE PURSUANT
TO THE LEGISLATIVE LAW.
8. THE COMMISSION SHALL SUBMIT ITS FINDINGS AND RECOMMENDATIONS FOR
THE GOVERNANCE OF THE CANAL CORPORATION IN A REPORT TO THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY NO
LATER THAN ONE YEAR AFTER IT FIRST CONVENES.
S 3. Subdivision 47 of section 100 of the economic development law, as
renumbered by chapter 427 of the laws of 2008, is renumbered subdivision
48 and a new subdivision 47 is added to read as follows:
47. TO DEVELOP, IN CONJUNCTION WITH THE COMMISSIONER OF THE DEPARTMENT
OF TAXATION AND FINANCE, A PROPOSAL TO BE SUBMITTED TO THE GOVERNOR AND
THE LEGISLATURE, AND RECOMMENDATIONS FOR LEGISLATION REGARDING THE
IMPLEMENTATION OF VARIOUS TAX INCENTIVES AND TAX EXEMPTIONS FOR CAPITAL
GAINS FOR INVESTMENT IN VACANT FACILITIES CLOSED IN ACCORDANCE WITH THE
PROVISIONS OF ARTICLE EIGHTEEN OF THIS CHAPTER.
S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such date.