S T A T E O F N E W Y O R K
________________________________________________________________________
5048
2011-2012 Regular Sessions
I N A S S E M B L Y
February 10, 2011
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Introduced by M. of A. KOLB, CONTE, CORWIN, MURRAY, REILICH, SAYWARD --
Multi-Sponsored by -- M. of A. BARCLAY, BOYLE, BUTLER, CALHOUN,
CASTELLI, CROUCH, FINCH, FITZPATRICK, GIGLIO, HAWLEY, HAYES, JORDAN,
McDONOUGH, McKEVITT, J. MILLER, MOLINARO, MONTESANO, OAKS, RABBITT,
RAIA, SALADINO, TOBACCO -- 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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05148-01-1
A. 5048 2
ing body or bodies of all the other municipalities in which a part or
parts of the project is, or is to be, located.
(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
A. 5048 3
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-
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.