NY State Senate Bill 2011-S2658

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 27, 2011	referred to local government

2011-S2658 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §§692 & 693, add §§694-a & 696-e, Gen Muni L
Versions Introduced in 2009-2010 Legislative Session:: S174

2011-S2658 (ACTIVE) - Summary

Authorizes creation of urban commercial redevelopment action areas by municipalities to promote expanded retail operations in urban commercial districts; sets forth criteria for such urban commercial redevelopment action area; subjects such designation to the approval by the department of economic development.

2011-S2658 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2658

TITLE OF BILL:
An act
to amend the general municipal law, in relation to the creation of
urban commercial redevelopment action areas

PURPOSE/SUMMARY OF PROVISIONS:
By amending sections
692, 693 and adding two new sections 694-a and
696-e to the General Municipal Law, this bill will provide for:

* the designation of certain areas now potentially qualified as "urban
development action areas" to be "urban commercial redevelopment
action areas" (UCRA);

* such areas may be designated by resolution of the municipality's
governing body if said areas meet these requirements: contain 40%
vacant land/abandoned buildings; - are located within or adjacent to
a "census tract" with a minority population of at least 20%;
- consist of real property which value has declined at least 30% of
assessed value; - have potential for attracting new commercial
business; - have lost a major retailer in the last 20 years; and a
majority of the buildings are at least 25 years old;

* the designation of an area as a UCRA area must be further approved

by the State Department of Economic Development and in counties which
impose a sales or use tax by the county government;

* commercial and retail businesses in UCRA areas will have the
following exemptions from imposition of sales and use taxes: five
years for sales by new retail and commercial establishments; - four
years for sales by existing establishments making "substantial"
capital improvements;
-three years for all other establishments;

* a pilot program is created in the first year guaranteeing a mix of
size among approved municipalities with UCRA's.

JUSTIFICATION:
This legislation Would reformulate existing economic development
programs to allow for revitalization of "downtown" business districts
by exempting retail establishments in targeted areas from sales and
use taxes for a limited period of time.

FISCAL IMPLICATIONS:
A maximum of ten million dollars to the State, although in the first
year the maximum sales tax revenue loss will be four million dollars.

EFFECTIVE DATE:
Immediately.

2011-S2658 (ACTIVE) - Bill Text download pdf

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

                                  2658

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 27, 2011
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law, in relation to  the  creation
  of urban commercial redevelopment action areas

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

  Section 1.  Legislative  intent.  The  legislature  hereby  finds  and
declares that the establishment of commercial redevelopment action areas
can promote expanded retail operations in urban commercial districts and
thereby facilitate downtown urban revitalization.
  S  2.  Section 692 of the general municipal law is amended by adding a
new subdivision 8 to read as follows:
  8. "URBAN COMMERCIAL REDEVELOPMENT ACTION AREA".  AN  AREA  PREVIOUSLY
DESIGNATED  AS  AN  URBAN DEVELOPMENT ACTION AREA WHICH IS DESIGNATED BY
THE GOVERNING BODY OF A MUNICIPALITY AS AN URBAN  COMMERCIAL  REDEVELOP-
MENT ACTION AREA.
  S 3. The opening paragraph of section 693 of the general municipal law
is  designated subdivision 1 and a new subdivision 2 is added to read as
follows:
  2. AN URBAN COMMERCIAL REDEVELOPMENT ACTION AREA SHALL  BE  DESIGNATED
BY  RESOLUTION  OF  THE  GOVERNING  BODY  OF THE MUNICIPALITY MAKING THE
DESIGNATION; PROVIDED, THAT SUCH URBAN COMMERCIAL  REDEVELOPMENT  ACTION
AREA MUST:
  (A) CONTAIN AT LEAST FORTY PERCENT VACANT LAND AND/OR ABANDONED BUILD-
INGS,
  (B)  BE LOCATED WITHIN OR ADJACENT TO A CENSUS TRACT HAVING A MINORITY
POPULATION IN EXCESS OF TWENTY PERCENT,
  (C) CONSIST OF REAL PROPERTY AT LEAST THIRTY PERCENT  OF  WHICH  SHALL
HAVE DECLINED IN VALUE FOR ASSESSMENT PURPOSES, AND
  (D) HAVE POTENTIAL FOR ATTRACTING NEW COMMERCIAL BUSINESSES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07384-01-1

S. 2658                             2

  S  4.    The  general municipal law is amended by adding a new section
694-a to read as follows:
  S  694-A.  URBAN  COMMERCIAL REDEVELOPMENT ACTION AREA APPROVAL BY THE
DEPARTMENT OF ECONOMIC DEVELOPMENT. THE DESIGNATION OF AN URBAN  COMMER-
CIAL REDEVELOPMENT ACTION AREA BY A MUNICIPALITY SHALL BE SUBJECT TO THE
APPROVAL BY THE STATE DEPARTMENT OF ECONOMIC DEVELOPMENT. THE DEPARTMENT
MUST  CERTIFY  THAT SUCH AREA COMPLIES WITH THE REQUIREMENTS OF SUBDIVI-
SION TWO OF SECTION SIX HUNDRED NINETY-THREE OF THIS ARTICLE.
  S 5. The general municipal law is amended  by  adding  a  new  section
696-e to read as follows:
  S 696-E. TAX INCENTIVES FOR RETAIL ESTABLISHMENTS WITHIN URBAN COMMER-
CIAL REDEVELOPMENT ACTION AREAS. 1. UPON CERTIFICATION BY THE DEPARTMENT
OF  ECONOMIC DEVELOPMENT, IN CONSULTATION WITH THE COMMISSIONER OF TAXA-
TION AND FINANCE, THAT THE ANTICIPATED LOSS OF SALES AND USE TAX  REVEN-
UES  TO THE STATE WITHIN ALL SUCH AREAS DOES NOT EXCEED IN THE AGGREGATE
TEN MILLION DOLLARS IN ANY FISCAL YEAR AN URBAN COMMERCIAL REDEVELOPMENT
ACTION AREA MAY BE GRANTED AN EXEMPTION FROM THE IMPOSITION OF SALES AND
USE TAXES WITHIN SUCH AREA AS FOLLOWS:
  (A) A PERIOD OF FIVE YEARS FOR SALES  BY  NEW  RETAIL  AND  COMMERCIAL
ESTABLISHMENTS,
  (B)  A  PERIOD OF FOUR YEARS FOR SALES BY RETAIL AND COMMERCIAL ESTAB-
LISHMENTS MAKING SUBSTANTIAL  CAPITAL  IMPROVEMENTS  TO  EXISTING  OPER-
ATIONS, AND
  (C)  A PERIOD OF THREE YEARS FOR SALES BY ALL OTHER RETAIL AND COMMER-
CIAL ESTABLISHMENTS LOCATED WITHIN THE DESIGNATED AREA.
  2. IN THE EVENT THAT THE COUNTY IN WHICH AN URBAN COMMERCIAL  REDEVEL-
OPMENT  ACTION AREA IS LOCATED IMPOSES A SALES AND USE TAX, SUCH COUNTY,
BY RESOLUTION, MUST APPROVE THE CREATION  OF  SUCH  AREA  PRIOR  TO  THE
GRANTING  OF  ANY  TAX  EXEMPTION  PURSUANT  TO  THE  PROVISIONS OF THIS
SECTION.
  S 6. This act shall take effect immediately.

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Senate Bill S2658

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Archive: Last Bill Status - In Senate Committee Local Government Committee

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2011-S2658 (ACTIVE) - Details

2011-S2658 (ACTIVE) - Summary

2011-S2658 (ACTIVE) - Sponsor Memo

2011-S2658 (ACTIVE) - Bill Text download pdf

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Sponsored By

Carl Kruger

Archive: Last Bill Status - In Senate Committee Local Government Committee

Actions

2011-S2658 (ACTIVE) - Details

2011-S2658 (ACTIVE) - Summary

2011-S2658 (ACTIVE) - Sponsor Memo

2011-S2658 (ACTIVE) - Bill Text download pdf

Comments