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

                                  3563

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2011
                               ___________

Introduced  by  M.  of  A.  MORELLE,  CANESTRARI, PEOPLES-STOKES, NOLAN,
  GALEF, HOYT, ORTIZ, ABBATE, CYMBROWITZ, GABRYSZAK  --  Multi-Sponsored
  by -- M. of A. BOYLAND, CAHILL, DESTITO, O'DONNELL, PHEFFER, ROBINSON,
  TOWNS,  WEINSTEIN, WEISENBERG -- read once and referred to the Commit-
  tee on Tourism, Parks, Arts and Sports Development

AN ACT to amend the arts and cultural affairs law, in relation to creat-
  ing the New York state cultural development areas program

  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 "New York
state cultural development areas program act".
  S 2. The arts and cultural affairs law is  amended  by  adding  a  new
article 6 to read as follows:
                                 ARTICLE 6
            NEW YORK STATE CULTURAL DEVELOPMENT AREAS PROGRAM
SECTION 6.01. CULTURAL DEVELOPMENT AREAS PROGRAM; CREATION.
        6.02. LEGISLATIVE INTENT.
        6.03. DEFINITIONS.
        6.04. DESIGNATION OF CULTURAL DEVELOPMENT AREA.
        6.05. CRITERIA FOR CULTURAL DEVELOPMENT AREA DESIGNATION.
        6.06. DESIGNATION OF CULTURAL ASSETS.
        6.07. CRITERIA FOR DESIGNATION OF A CULTURAL ASSET.
        6.08. RESPONSIBILITIES OF THE COMMISSIONER.
        6.09. NEW  YORK  STATE CULTURAL DEVELOPMENT AREAS ADVISORY COUN-
                CIL.
        6.10. NEW YORK STATE CULTURAL DEVELOPMENT AREAS EVALUATION.
        6.11. SPECIAL PROVISIONS RELATING TO CULTURAL DEVELOPMENT AREAS.
        6.12. DIVISION OF TAXES BY GOVERNMENTAL BODIES.
        6.13. CULTURAL DEVELOPMENT AREA CAPITAL CORPORATIONS.
        6.14. APPROVAL OF CULTURAL DEVELOPMENT AREAS.
        6.15. LOCAL ADMINISTRATION OF CULTURAL DEVELOPMENT AREAS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05495-01-1
              

A. 3563                             2

        6.16. DISPOSITION OF PROPERTY.
        6.17. TERMINATION OR REVISION OF A CULTURAL DEVELOPMENT AREA.
        6.18. RESCINDING OF LOCAL INCENTIVES.
  S  6.01.  CULTURAL  DEVELOPMENT  AREAS PROGRAM; CREATION. THE NEW YORK
STATE CULTURAL DEVELOPMENT AREAS PROGRAM IS HEREBY CREATED AND  DECLARED
TO  BE IN EVERY SENSE IN THE INTERESTS OF THE PEOPLE OF THE STATE AND AN
APPROPRIATE PUBLIC PURPOSE TO PROVIDE FOR THE DEVELOPMENT AND SUPPORT OF
ARTS AND CULTURAL INSTITUTIONS AND THE PRESERVATION OF  CULTURAL  HERIT-
AGE,  INCLUDING  THE  DEVELOPMENT AND SUPPORT OF ANCILLARY ORGANIZATIONS
AND INFRASTRUCTURE AS MAY BE REQUIRED OR DESIRABLE FOR SUCH PURPOSE, AND
THE CREATION OF JOBS AND THE ENCOURAGEMENT OF ECONOMIC DEVELOPMENT.
  S 6.02. LEGISLATIVE INTENT.  THE LEGISLATURE HEREBY FINDS,  DETERMINES
AND  DECLARES  THAT  ARTS AND CULTURAL INSTITUTIONS IN NEW YORK NOT ONLY
PROVIDE EDUCATIONAL, CULTURAL, AND SPIRITUAL OPPORTUNITIES AND PRESERVA-
TION OF HERITAGE TO THE PEOPLE OF THIS STATE, BUT ALSO CONTRIBUTE TO THE
ECONOMY, PROSPERITY, OPPORTUNITY, EDUCATION, AND QUALITY OF LIFE OF  ALL
RESIDENTS  OF  NEW YORK; AND THAT THE IMPORTANT PUBLIC PURPOSE SERVED BY
SUCH INSTITUTIONS HAS BEEN RECOGNIZED BY THE  STATE  AND  LOCAL  GOVERN-
MENTS,  WHICH  HAVE  APPROPRIATED AND EXPENDED SUBSTANTIAL FUNDS FOR AND
OTHERWISE SUPPORTED AND ASSISTED SUCH INSTITUTIONS; AND THAT  IT  IS  IN
EVERY WAY AN APPROPRIATE PUBLIC POLICY AND FULLY IN THE INTERESTS OF THE
PEOPLE  OF  THE  STATE  TO  TAKE  STEPS  AS  MAY BE NECESSARY TO FURTHER
PRESERVE AND ENHANCE THE CONTRIBUTIONS OF SUCH ARTS AND CULTURAL  INSTI-
TUTIONS IN NEW YORK.
  THE  LEGISLATURE  FINDS  THAT  THREE DECADES OF REPUTABLE STUDIES HAVE
SHOWN THAT THE DEVELOPMENT AND OPERATIONS OF ARTS  AND  CULTURAL  INSTI-
TUTIONS  ARE  AN  IMPORTANT  ECONOMIC  DEVELOPMENT  TOOL,  LEADING TO OR
CONTRIBUTING TO THE EXISTENCE AND GROWTH WITHIN THE STATE AND WITHIN THE
REGIONS AND NEIGHBORHOODS  IN  WHICH  THEY  ARE  LOCATED  OF  ADDITIONAL
RELATED AND ANCILLARY INDUSTRIES AND ENTERPRISES, GENERATING SUBSTANTIAL
EMPLOYMENT,  IMPROVING  PROPERTY  VALUES,  PRODUCING SIGNIFICANT TAX AND
OTHER REVENUES DIRECTLY AND INDIRECTLY IN AND FOR THE  STATE  AND  LOCAL
GOVERNMENT,  AND  OTHERWISE  VITALLY CONTRIBUTING TO THE ECONOMY AND TAX
BASE OF THE STATE.
  THE LEGISLATURE FINDS AND DECLARES THAT AN IMPORTANT PUBLIC PURPOSE IS
SERVED AND THE INTERESTS OF THE PEOPLE OF THE STATE ARE  PROMOTED  BY  A
POLICY  THAT  SUPPORTS  THE CULTURAL AND EDUCATIONAL MISSION OF ARTS AND
CULTURAL INSTITUTIONS WHILE ENHANCING THE ECONOMIC, JOB-CREATING  POTEN-
TIAL  OF  SUCH  INSTITUTIONS IN A SYSTEMATIC AND APPROPRIATE MANNER; AND
FURTHER DECLARES THAT SUCH A POLICY MUST  AT  A  MINIMUM  RECOGNIZE  THE
NEEDS  OF  SUCH  INSTITUTIONS FOR SPACE AND FACILITIES (INCLUDING EQUIP-
MENT, FURNISHINGS, AND INSTALLATIONS) TO ASSURE THEIR  CONTINUED  EXIST-
ENCE,  PROPER OPERATION, AND GROWTH; ALLOW PRESERVATION AND EXPANSION OF
THE COLLECTIONS, ENDOWMENTS AND OTHER  CAPITAL  ASSETS  OF  SUCH  INSTI-
TUTIONS;  AND  BE  IMPLEMENTED IN A MANNER THAT HAS A POSITIVE EFFECT ON
THE ECONOMY, AND ON THE TAX BASE OF THE STATE AND  ITS  LOCALITIES;  AND
PROVIDES  FOR AND ENCOURAGES THE FLOW-THROUGH OF BENEFITS TO SURROUNDING
NEIGHBORHOODS AND REGIONS BY STIMULATING  FURTHER  SPIN-OFF  DEVELOPMENT
AND  DIRECT  INVESTMENT  IN  SUCH AREAS, IN SUCH FORMS AS DEVELOPMENT OF
HOUSING, COMMERCIAL AND RELATED FACILITIES  AND  DEVELOPMENT  COMPATIBLE
WITH AND COMPLEMENTARY TO SUCH INSTITUTIONS, NEIGHBORHOODS, AND REGIONS.
  THE LEGISLATURE THEREFORE FINDS, DETERMINES AND DECLARES THAT A PUBLIC
PURPOSE  WILL  BE  SERVED  AND  THE INTERESTS OF THE PEOPLE OF THE STATE
PROMOTED BY THE CREATION PURSUANT TO THIS ARTICLE OF  CULTURAL  DEVELOP-
MENT  AREAS, TO PROVIDE FOR THE DEVELOPMENT, MAINTENANCE, AND SUPPORT OF
ARTS AND CULTURAL INSTITUTIONS AND TO ENHANCE THE ECONOMIC, JOB-CREATING

A. 3563                             3

POTENTIAL OF SUCH INSTITUTIONS IN A SYSTEMATIC AND APPROPRIATE MANNER IN
ACCORDANCE WITH THIS ARTICLE, WHICH INCLUDE THE  GRANT  OF  THE  POWERS,
RIGHTS  AND  DUTIES PROVIDED HEREIN AND INCLUDING THE DELEGATION OF PART
OF  THE  SOVEREIGN  POWER  OF  THE  STATE; AND THAT THE CREATION OF THIS
PROGRAM, THE EXERCISE OF SUCH POWERS AND RIGHTS, THE PERFORMANCE OF SUCH
DUTIES, AND THE CARRYING OUT OF THE PURPOSES OF THE PROGRAM ARE  IN  ALL
RESPECTS  FOR  THE  BENEFIT  OF THE PEOPLE OF THE STATE AND ARE AND WILL
SERVE A PUBLIC PURPOSE AND WILL BE AN ESSENTIAL PUBLIC AND  GOVERNMENTAL
FUNCTION.
  S 6.03. DEFINITIONS.  AS USED IN THIS ARTICLE:
  1. "APPLICANT" IS THE LOCAL GOVERNMENT IN PARTNERSHIP WITH ONE OR MORE
ARTS  CORPORATIONS  WHICH  HAS  DESIGNATED  A  CULTURAL DEVELOPMENT AREA
PURSUANT TO LOCAL LAW, AS  REQUIRED  IN  THIS  ARTICLE,  AND  WHICH  HAS
SUBMITTED THE DESIGNATION TO THE COMMISSIONER FOR APPROVAL.
  2.  "ANCILLARY  BUSINESSES  AND SERVICES" MEANS AND INCLUDES REHEARSAL
SPACE, PARKING, PARKS OR OTHER GREEN SPACE, RESTAURANT, BOUTIQUE,  LIGHT
COMMERCIAL,  OFFICE,  HOUSING, WAREHOUSING, HOTEL OR MOTEL, OR ANY OTHER
BUSINESS OR SERVICE SHOWN IN THE  APPLICANT'S  DEVELOPMENT  PLAN  TO  BE
DIRECTLY RELATED TO, BENEFITED BY, OR CAPABLE OF ENHANCING THE CONTINUA-
TION OR ENHANCEMENT OF ONE OR MORE ARTS CORPORATIONS WITHIN THE CULTURAL
DEVELOPMENT  AREA,  AND WHICH WILL THEREFORE ADD TO THE CAPACITY OF SUCH
CULTURAL DEVELOPMENT AREA TO PROVIDE A POSITIVE IMPACT IN  THE  FORM  OF
DIRECT,  INDIRECT, AND INDUCED REVENUES TO THE LOCAL ECONOMY, SHORT-TERM
AND LONG-TERM JOB CREATION, AND TO STATE AND LOCAL TAX REVENUES.
  3. "CULTURAL DEVELOPMENT AREA" OR "CDA" IS AN  AREA  DESIGNATED  AS  A
CULTURAL DEVELOPMENT AREA PURSUANT TO THIS ARTICLE.
  4.  "ARTS  CORPORATION"  MEANS  A  CORPORATION  WHICH  HAS  RECEIVED A
PROGRAM, OPERATING, OR OTHER GRANT FROM THE NEW YORK STATE  COUNCIL  FOR
THE ARTS IN THREE OF THE PRIOR FIVE YEARS, OR A CORPORATION CERTIFIED AS
AN  ARTS CORPORATION BY THE LOCAL AREA ADMINISTRATOR AND THE CHAIRPERSON
OF THE NEW YORK STATE COUNCIL ON THE ARTS  BECAUSE  A  MAJORITY  OF  ITS
ACTIVITIES  ARE  OR ARE PROPOSED TO BE ARTISTIC OR CULTURAL, WHICH TERMS
SHALL BE INTERPRETED AS BROADLY INCLUSIVE BY THE AREA ADMINISTRATOR  AND
THE  CHAIRPERSON.  IN ADDITION, AND ANY OTHER PROVISION OF ANY OTHER LAW
TO THE CONTRARY, NOTHING HEREIN SHALL BE DEEMED TO PREVENT A CORPORATION
WHICH PROVIDES GALLERY OR EXHIBITION SPACE, ARTIST STUDIO SPACE,  ARTIST
HOUSING  AT  BELOW  MARKET RENT RATES, SPACE FOR PUBLIC ART PROJECTS AND
THEIR CONSTRUCTION, MUSIC RECORDING STUDIOS, FILM, VIDEO, CLASSROOM  AND
STUDIO SPACE FOR ELEMENTARY, SECONDARY OR HIGHER EDUCATION INSTITUTIONS,
OR  OTHER  FACILITIES  WHOSE  PURPOSE  IS  TO  EXPOSE THE PUBLIC TO, AND
ENCOURAGE THEIR PARTICIPATION IN THE ARTS, FROM QUALIFYING  AS  AN  ARTS
CORPORATION.
  5.  "CHIEF EXECUTIVE" IS A COUNTY EXECUTIVE OR MANAGER OF A COUNTY, OR
IN A COUNTY NOT HAVING A COUNTY EXECUTIVE OR MANAGER, THE CHAIRPERSON OR
PRESIDING OFFICER OF THE COUNTY LEGISLATIVE BODY. IN THE CASE OF A CITY,
VILLAGE, OR TOWN, IT IS THE MAYOR OF A CITY OR VILLAGE, EXCEPT  WHERE  A
CITY OR VILLAGE HAS A MANAGER, IT SHALL MEAN SUCH A MANAGER, OR A SUPER-
VISOR  OF  A  TOWN,  EXCEPT WHERE A TOWN HAS A MANAGER, IN WHICH CASE IT
SHALL MEAN SUCH MANAGER.
  6. "CHAIRPERSON" IS THE CHAIRPERSON OF THE NEW YORK STATE  COUNCIL  ON
THE ARTS.
  7.  "COMMISSIONER"  IS  THE COMMISSIONER OF THE DEPARTMENT OF ECONOMIC
DEVELOPMENT FOR THE STATE OF NEW YORK.
  8. "DEPARTMENT" IS THE DEPARTMENT  OF  ECONOMIC  DEVELOPMENT  FOR  THE
STATE OF NEW YORK.

A. 3563                             4

  9.  "CONSTRUCTION"  MEANS  THE ERECTION, BUILDING, ACQUISITION, ALTER-
ATION,  RECONSTRUCTION,  REHABILITATION,  IMPROVEMENT,  ENLARGEMENT   OR
EXTENSION  OF  A  CULTURAL  FACILITY,  INCLUDING  ALL  OR ANY PORTION OF
INFRASTRUCTURE AND FACILITIES RELATED THERETO, ANY AND ALL RECREATIONAL,
EDUCATIONAL,  CULTURAL,  OFFICE, LIVING, REHEARSAL, PARKING, RESTAURANT,
RETAIL,  STORAGE  AND  OTHER  FACILITIES  NECESSARY  OR   DESIRABLE   IN
CONNECTION  WITH  THE  CULTURAL FACILITY; AND THE ENGINEERING, ARCHITEC-
TURAL, LEGAL, FISCAL  AND  ECONOMIC  INVESTIGATIONS,  STUDIES,  SURVEYS,
DESIGNS, PLANS, DRAWINGS, SPECIFICATIONS, PROCEDURES, AND OTHER ACTIONS.
  10.  "CULTURAL FACILITY" MEANS ANY STRUCTURE, IMPROVEMENT, FURNISHING,
EQUIPMENT OR OTHER REAL OR PERSONAL PROPERTY THAT IS OR IS TO  BE  USED,
OWNED,  OR  OCCUPIED IN WHOLE OR IN PART, BUT IN NO CASE LESS THAN TWEN-
TY-FIVE PERCENT, BY AN ARTS CORPORATION, AS WELL AS ANY AND  ALL  RECRE-
ATIONAL,  EDUCATIONAL,  CULTURAL,  OFFICE,  LIVING,  REHEARSAL, PARKING,
RESTAURANT, RETAIL, STORAGE AND OTHER FACILITIES NECESSARY OR  DESIRABLE
IN CONNECTION WITH THE ACTIVITIES OF THE ARTS CORPORATION.
  11.  "CULTURAL  FACILITY PROJECT" MEANS A PROJECT FOR THE CONSTRUCTION
OF A CULTURAL FACILITY.
  12. "PERSON" MEANS ANY PERSON, INCLUDING INDIVIDUALS, FIRMS,  PARTNER-
SHIPS,  ASSOCIATIONS,  PUBLIC  UTILITIES,  OR  AUTHORITIES  ORGANIZED OR
EXISTING UNDER THE LAWS OF THE STATE OR ANY OTHER STATE, EXCLUSIVE OF  A
STATE AGENCY.
  13.  "REAL PROPERTY" MEANS LANDS, STRUCTURES, FRANCHISES AND INTERESTS
IN LAND, WATERS, LANDS UNDER WATER, RIPARIAN RIGHTS AND  AIR-RIGHTS  AND
ANY AND ALL THINGS AND RIGHTS INCLUDED WITHIN SAID TERM AND INCLUDES NOT
ONLY  FEES SIMPLE ABSOLUTE BUT ALSO ANY AND ALL LESSER INTERESTS INCLUD-
ING BUT NOT LIMITED TO EASEMENTS, RIGHTS OF WAY, USES, LEASES,  LICENSES
AND  ALL  OTHER  INCORPOREAL HEREDITAMENTS AND EVERY ESTATE, INTEREST OR
RIGHT, LEGAL OR EQUITABLE, INCLUDING TERMS FOR YEARS AND  LIENS  THEREON
BY WAY OF JUDGMENTS, MORTGAGES OR OTHERWISE.
  14.  "COMMUNITY  CULTURAL DEVELOPMENT PROJECTS" ARE PROJECTS SPONSORED
BY NOT-FOR-PROFIT ORGANIZATIONS WHICH HAVE BEEN  APPROVED  BY  THE  AREA
BOARD,  WHICH  WILL  ADVANCE  THE  AREA  DEVELOPMENT  PLAN. FOR PURPOSES
DESCRIBED IN SUBDIVISION TWENTY OF SECTION TWO HUNDRED  TEN,  SUBSECTION
(L)  OF  SECTION  SIX  HUNDRED  SIX,  SUBSECTION (D) OF SECTION FOURTEEN
HUNDRED FIFTY-SIX AND SUBDIVISION (H) OF SECTION FIFTEEN HUNDRED  ELEVEN
OF  THE TAX LAW, SUCH PROJECTS SHALL BE LIMITED TO PROGRAMS SERVING AREA
RESIDENTS AND  BUSINESSES;  COMMUNITY  DEVELOPMENT  PROJECTS  IN  DIRECT
SUPPORT  OF ECONOMIC DEVELOPMENT AND BUSINESS REVITALIZATION ACTIVITIES,
SUCH AS COMMERCIAL REVITALIZATION  PROJECTS;  AND  BUSINESS  DEVELOPMENT
ACTIVITIES OF LOCAL DEVELOPMENT CORPORATIONS.
  15.  "HUMAN  RESOURCE  DEVELOPMENT"  IS JOB PREPARATION AND PLACEMENT,
SKILLS TRAINING AND EDUCATION FOR AREA RESIDENTS AND EMPLOYEES  OF  AREA
BUSINESSES,  CHILD  AND  FAMILY CARE SERVICES AND FACILITIES, AND ACTIV-
ITIES TO IMPROVE THE HEALTH BENEFITS AND OTHER BENEFITS PROVIDED BY AREA
BUSINESSES TO THEIR EMPLOYEES.
  16. "LOCAL CULTURAL DEVELOPMENT  AREA  ADMINISTRATIVE  BOARD"  IS  THE
ENTITY  DESIGNATED  BY THE APPLICANT THAT IS RESPONSIBLE FOR MONITORING,
EVALUATING AND COORDINATING ALL CDA BENEFITS ON BEHALF OF THE APPLICANT.
SUCH ENTITY SHALL CONSIST OF AT LEAST SIX MEMBERS, NONE OF WHOM SHALL BE
THE CDA CERTIFICATION OFFICER, AND  SHALL  BE  REPRESENTATIVE  OF  LOCAL
BUSINESSES,  ORGANIZED  LABOR, COMMUNITY ORGANIZATIONS, FINANCIAL INSTI-
TUTIONS, LOCAL EDUCATIONAL INSTITUTIONS AND RESIDENTS OF THE CDA.
  17. "LOCAL CULTURAL DEVELOPMENT AREA  CERTIFICATION  OFFICER"  IS  THE
OFFICIAL  DESIGNATED  BY  THE  APPLICANT  WHO IS RESPONSIBLE FOR JOINTLY
CERTIFYING AND DECERTIFYING TOGETHER WITH THE COMMISSIONER OR, AS APPRO-

A. 3563                             5

PRIATE, THE CHAIRPERSON, THOSE ARTS CORPORATIONS AND  SERVICES  ELIGIBLE
TO RECEIVE BENEFITS PURSUANT TO THIS ARTICLE.
  18.  "LOCAL  GOVERNMENT"  IS  A COUNTY, EXCEPT IN THE CASE OF A COUNTY
WHOLLY CONTAINED WITHIN A CITY IN WHICH CASE IT IS THE CITY.
  19. "LOCALLY OWNED BUSINESS ENTERPRISE" IS A BUSINESS  FIRM  IN  WHICH
THE  TOTAL OWNERSHIP INTEREST HELD BY INDIVIDUALS WHO ARE FULL TIME BONA
FIDE RESIDENTS OF THE CDA IS MORE THAN EIGHTY  PERCENT,  WHOSE  BUSINESS
ACTIVITIES  ARE  CONDUCTED IN A MANNER WHEREBY AT LEAST FIFTY PERCENT OF
THE ASSETS OF SUCH FIRM ARE LOCATED AND UTILIZED IN SUCH  AREA,  AND  AT
LEAST FORTY PERCENT OF SUCH FIRM'S EMPLOYEES ARE PRINCIPALLY EMPLOYED IN
SUCH  AREA;  PROVIDED  HOWEVER,  FOR BUSINESS FIRMS LOCATED WITHIN AREAS
DESIGNATED IN A CITY SUCH INDIVIDUALS SHALL RESIDE  WITHIN  A  COMMUNITY
PLANNING   BOARD  OR  WITHIN  TRADITIONAL  NEIGHBORHOOD  BOUNDARIES  AND
PROVIDED FURTHER HOWEVER FOR BUSINESS FIRMS LOCATED WITHIN AREAS OUTSIDE
OF A CITY SUCH INDIVIDUALS MAY RESIDE IN THE COUNTY IN WHICH THE AREA IS
DESIGNATED.
  20. "MINORITY GROUP MEMBER" IS A UNITED STATES  CITIZEN  OR  PERMANENT
RESIDENT  ALIEN  WHO  IS  AND  CAN  DEMONSTRATE MEMBERSHIP IN ONE OF THE
FOLLOWING GROUPS: BLACK PERSONS HAVING ORIGINS IN ANY OF THE BLACK AFRI-
CAN RACIAL GROUPS; HISPANIC PERSONS OF MEXICAN, PUERTO RICAN, DOMINICAN,
CUBAN, CENTRAL OR SOUTH AMERICAN OF EITHER INDIAN  OR  HISPANIC  ORIGIN,
REGARDLESS  OF  RACE;  NATIVE  AMERICAN OR ALASKAN NATIVE PERSONS HAVING
ORIGINS IN ANY OF THE ORIGINAL PEOPLES OF NORTH AMERICA; AND  ASIAN  AND
PACIFIC  ISLANDER  PERSONS  HAVING  ORIGINS IN ANY OF THE FAR EAST COUN-
TRIES, SOUTHEAST ASIA, THE INDIAN SUBCONTINENT OR THE PACIFIC ISLANDS.
  21. "MINORITY-OWNED BUSINESS ENTERPRISE" IS AN INDEPENDENTLY OWNED AND
OPERATED SOLE PROPRIETORSHIP, PARTNERSHIP, CORPORATION, OR  OTHER  BUSI-
NESS  ENTERPRISE  AUTHORIZED  TO  DO  BUSINESS IN THIS STATE WHICH IS AT
LEAST FIFTY-ONE PERCENT OWNED BY ONE OR MORE MINORITY GROUP MEMBERS, AND
SUCH MINORITY OWNERSHIP IS REAL, SUBSTANTIAL AND  CONTINUING,  AND  SUCH
MINORITY  OWNERSHIP HAS AND EXERCISES THE AUTHORITY TO CONTROL INDEPEND-
ENTLY THE DAY-TO-DAY BUSINESS DECISIONS OF THE ENTERPRISE.
  22. "SINGLE ENTERPRISE" IS TWO OR MORE  RELATED  BUSINESS  ENTERPRISES
CHARACTERIZED  BY  AN  ABSENCE OF ARM'S LENGTH RELATIONSHIPS FOUND AMONG
ENTERPRISES THAT ARE NOT INTEGRATED. FACTORS  TO  BE  CONSIDERED,  AMONG
OTHER  THINGS,  IN  DETERMINING THE EXISTENCE OF A SINGLE ENTERPRISE ARE
INTERRELATION OF OPERATIONS, COMMON MANAGEMENT, CENTRALIZED  CONTROL  OF
LABOR RELATIONS, COMMON OWNERSHIP AND COMMON FINANCIAL CONTROL.
  23.  "TARGETED EMPLOYEE" IS A NEW YORK RESIDENT WHO RECEIVES CDA WAGES
AND WHO IS (A) AN ELIGIBLE INDIVIDUAL UNDER THE PROVISION OF THE TARGET-
ED JOBS TAX CREDIT (SECTION FIFTY-ONE OF THE INTERNAL REVENUE CODE), (B)
ELIGIBLE FOR BENEFITS UNDER THE PROVISIONS OF THE JOB TRAINING  PARTNER-
SHIP ACT (P.L. 97-300, AS AMENDED), (C) A RECIPIENT OF PUBLIC ASSISTANCE
BENEFITS,  OR  (D) AN INDIVIDUAL WHOSE INCOME IS BELOW THE MOST RECENTLY
ESTABLISHED POVERTY RATE PROMULGATED BY THE UNITED STATES DEPARTMENT  OF
COMMERCE,  OR A MEMBER OF A FAMILY WHOSE FAMILY INCOME IS BELOW THE MOST
RECENTLY ESTABLISHED POVERTY RATE PROMULGATED BY THE APPROPRIATE FEDERAL
AGENCY. AN INDIVIDUAL WHO SATISFIES THE CRITERIA SET FORTH IN  PARAGRAPH
(A), (B) OR (D) OF THIS SUBDIVISION AT THE TIME OF INITIAL EMPLOYMENT IN
THE  JOB  WITH  RESPECT TO WHICH THE CREDIT IS CLAIMED, OR WHO SATISFIES
THE CRITERION SET FORTH IN PARAGRAPH (C) OF  THIS  SUBDIVISION  AT  SUCH
TIME  OR  AT ANY TIME WITHIN THE PREVIOUS TWO YEARS, SHALL BE A TARGETED
EMPLOYEE SO LONG AS SUCH INDIVIDUAL CONTINUES TO RECEIVE CDA WAGES.
  24. "WOMEN-OWNED BUSINESS ENTERPRISE" IS AN  INDEPENDENTLY  OWNED  AND
OPERATED  SOLE  PROPRIETORSHIP, PARTNERSHIP, CORPORATION, OR OTHER BUSI-
NESS ENTERPRISE AUTHORIZED TO DO BUSINESS IN  THIS  STATE  WHICH  IS  AT

A. 3563                             6

LEAST  FIFTY-ONE  PERCENT OWNED BY ONE OR MORE UNITED STATES CITIZENS OR
PERMANENT RESIDENT ALIENS WHO ARE WOMEN, AND  SUCH  OWNERSHIP  IS  REAL,
SUBSTANTIAL  AND  CONTINUING,  AND  SUCH OWNERSHIP HAS AND EXERCISES THE
AUTHORITY  TO CONTROL INDEPENDENTLY THE DAY-TO-DAY BUSINESS DECISIONS OF
THE ENTERPRISE.
  25. "AREA ADMINISTRATIVE ENTITY" IS A COMMUNITY-BASED  LOCAL  DEVELOP-
MENT  CORPORATION  OR ENTITY CONTRACTING WITH THE LOCAL CDA BOARD OR THE
MUNICIPALITY IN WHICH THE AREA IS LOCATED IN THOSE INSTANCES  WHERE  THE
MUNICIPALITY  ACTIVELY  PARTICIPATES  IN THE LOCAL ADMINISTRATION OF THE
AREA PROGRAM.
  S 6.04. DESIGNATION OF CULTURAL DEVELOPMENT AREA.   THERE SHALL  BE  A
TOTAL  OF  NO  FEWER THAN TWO BUT NO MORE THAN FOUR CULTURAL DEVELOPMENT
AREAS IN NEW YORK, LOCATED IN AND DESIGNATED BY THE  GOVERNING  BODY  OF
ANY  COUNTY.  ON THE NEXT JANUARY FIRST SUCCEEDING THE EFFECTIVE DATE OF
THIS ARTICLE, EVERY COUNTY, CITY, TOWN OR VILLAGE ACTING ON  RECOMMENDA-
TION  OF ITS CHIEF EXECUTIVE, MAY DESIGNATE A CULTURAL DEVELOPMENT AREA.
SUCH DESIGNATION SHALL MEET THE CRITERIA AND PROCESS ESTABLISHED IN THIS
ARTICLE FOR DESIGNATION OF A CULTURAL DEVELOPMENT  AREA,  INCLUDING  THE
PASSAGE  OF A LOCAL LAW, BUT SHALL NOT BE EFFECTIVE UNTIL AFTER APPROVAL
IN WRITING BY THE  COMMISSIONER.  SUBMISSION  TO  THE  COMMISSIONER  FOR
APPROVAL  MAY  OCCUR  AT  ANY  TIME PRIOR TO OR AFTER SUCH JANUARY FIRST
DATE, AND THE CULTURAL DEVELOPMENT AREA SHALL BECOME  EFFECTIVE  ON  THE
PRIOR  OR NEXT SUCCEEDING JANUARY FIRST NEAREST THE DATE OF SUCH WRITTEN
APPROVAL.
  S 6.05. CRITERIA FOR CULTURAL DEVELOPMENT AREA  DESIGNATION.    1.  IN
DESIGNATING  AN  AREA AS A CULTURAL DEVELOPMENT AREA, A LOCAL GOVERNMENT
SHALL ADOPT A PLAN WHICH DEMONSTRATES HOW AN  AREA  MEETS  THE  CRITERIA
ESTABLISHED  IN  THIS  ARTICLE  FOR  SUCH DESIGNATION, AND PROVIDES SUCH
OTHER DEMONSTRATIONS AS ARE REQUIRED BY THIS ARTICLE. SUCH PLAN SHALL BE
INCLUDED IN THE LOCAL LAW DESIGNATING A CULTURAL DEVELOPMENT AREA.
  2. TO BE DESIGNATED AS A CULTURAL DEVELOPMENT AREA BY A LOCAL  GOVERN-
MENT AN AREA:
  (A)  MUST BE CHARACTERIZED BY THE EXISTENCE OF ONE OR MORE ARTS CORPO-
RATIONS. SOLELY FOR THE PURPOSES OF AN APPLICATION, IT SHALL  BE  SUFFI-
CIENT  FOR THE CHIEF EXECUTIVE OF THE LOCAL GOVERNMENT IN WHICH SUCH CDA
IS PROPOSED TO BE LOCATED TO CERTIFY ONE OR MORE  ENTITIES  AS  AN  ARTS
CORPORATION,  OR  TO  CERTIFY  THAT THE PROPOSED CDA WILL CONTAIN ONE OR
MORE ARTS CORPORATIONS WITHIN A YEAR OF ITS DESIGNATION;
  (B) SHALL NOT EXCEED TWO SQUARE MILES, AND SHALL BE DEFINED BY ONE  OR
MORE  BORDERS  AS DETERMINED BY THE APPLICANT, WHICH, WHERE APPROPRIATE,
SHALL INCLUDE MAJOR NATURAL OR MAN-MADE  PHYSICAL  BOUNDARIES,  SUCH  AS
BODIES  OF  WATER,  RAILROAD  LINES,  OR  LIMITED  ACCESS HIGHWAYS. SUCH
BORDERS MUST BE CONTIGUOUS;
  (C) SHALL INCLUDE AT LEAST  TWENTY-FIVE  PERCENT  OF  THE  TOTAL  LAND
AND/OR  THE  TOTAL SQUARE FOOTAGE OF FACILITIES AS VACANT, ABANDONED, OR
OTHERWISE AVAILABLE FOR  COMMERCIAL  DEVELOPMENT  OR  REDEVELOPMENT,  OR
DEVELOPMENT  OR  REDEVELOPMENT  OF  APPROPRIATE ANCILLARY BUSINESSES AND
SERVICES.
  LANDS NEARBY OR CONTIGUOUS TO CENSUS TRACTS OR BLOCK  NUMBERING  AREAS
DESCRIBED IN THIS SUBDIVISION MAY BE INCLUDED WITHIN A CULTURAL DEVELOP-
MENT  AREA  UPON  APPROVAL  BY  THE  COMMISSIONER IF THE APPLICANT SHALL
DEMONSTRATE TO THE  COMMISSIONER'S  SATISFACTION  THAT  SUCH  ADDITIONAL
LANDS  HAVE  SIGNIFICANT POTENTIAL FOR ARTS AND CULTURAL DEVELOPMENT AND
JOB CREATION, WHICH WILL ENHANCE ECONOMIC REVITALIZATION OF THE AREA AND
BENEFIT AREA RESIDENTS.

A. 3563                             7

  3. THE PLAN SHALL DEMONSTRATE THAT THE CREATION OF A CULTURAL DEVELOP-
MENT AREA IS NECESSARY TO THE DEVELOPMENT, CONTINUATION, OR  ENHANCEMENT
OF  ONE  OR  MORE ARTS CORPORATIONS; OR NECESSARY TO THE PRESERVATION OF
CULTURAL HERITAGE; OR THE DEVELOPMENT, CONTINUATION, OR  ENHANCEMENT  OF
ARTS  CORPORATIONS WITHIN SUCH AREA SHALL LEAD TO DEVELOPMENT WITHIN THE
AREA OF ADDITIONAL ARTS CORPORATIONS AND SERVICES, OR THE DEVELOPMENT OF
INFRASTRUCTURE THAT WILL STIMULATE THE DEVELOPMENT OF AN ARTS  COMMUNITY
WITHIN THE CDA. ADDITIONALLY, THE PLAN SHALL DEMONSTRATE THAT THE DEVEL-
OPMENT,  CONTINUATION, PRESERVATION, OR ENHANCEMENT OF ARTS AND CULTURAL
CORPORATIONS, CULTURAL FACILITIES, AND ANCILLARY BUSINESSES AND SERVICES
AS ENVISIONED THEREIN WILL HAVE A POSITIVE IMPACT IN THE FORM OF:
  (A) DIRECT, INDIRECT, AND  INDUCED  REVENUES  TO  THE  LOCAL  ECONOMY,
INCLUDING  SUBSTANTIAL  PUBLIC  AND  PRIVATE  COMMITMENTS TO A LONG-TERM
ECONOMIC REVITALIZATION PROGRAM FOR THE AREA;
  (B) SHORT-TERM AND LONG-TERM JOB CREATION, INCLUDING THE POTENTIAL  OF
THE  AREA  TO ATTRACT INVESTMENT THAT WILL PROVIDE EMPLOYMENT TO PERSONS
IN THE AREA WHO ARE UNEMPLOYED OR ECONOMICALLY DISADVANTAGED;  PROVIDED,
HOWEVER,  THAT  MEASURES  OF JOB CREATION SHALL BE ON A FULL-TIME EQUIV-
ALENCY BASIS;
  (C) INCREASES IN PER CAPITA INCOME WITHIN  THE  AREA  AND  WITHIN  THE
JURISDICTION OF THE LOCAL GOVERNMENT;
  (D)  RECLAMATION  OF  ABANDONED,  UNUSED,  OR UNDER-UTILIZED PROPERTY,
LAND, OR BUILDINGS;
  (E) ENHANCEMENT OF STATE AND LOCAL TAX REVENUES; AND
  (F) OTHER APPROPRIATE  MEASURES  OF  INCREASED  ECONOMIC  ACTIVITY  OR
CAPACITY THAT ARE CONSISTENT WITH THE SPIRIT AND INTENT OF THIS ARTICLE.
  4.  ADDITIONALLY,  THE PLAN AND THE SUBMISSION TO THE COMMISSIONER FOR
APPROVAL OF THE AREA SHALL INCLUDE EVIDENCE OF PREVIOUS,  CONCURRENT  OR
PROPOSED  ECONOMIC  DEVELOPMENT  INITIATIVES, WHICH WOULD EITHER SUPPLE-
MENT, OR BE ENHANCED BY, A  CULTURE  AREA;  IDENTIFICATION  OF  SPECIFIC
INFRASTRUCTURE  DEVELOPMENT,  OR  CAPITAL IMPROVEMENTS, AND THE INTENDED
USAGES THAT WILL BE SUPPORTED BY THE DESIGNATION OF THE AREA AS  A  CDA;
IDENTIFICATION  OF ANY CAPITAL IMPROVEMENTS THAT MUST BE COMPLETED PRIOR
TO THE AVAILABILITY OF SUCH STRUCTURES FOR PUBLIC USE;  AND  A  SPECIFIC
TIMELINE  FOR  THE  COMPLETION  OF  SUCH  PROJECTS,  AND THE ANTICIPATED
OUTCOME OF CULTURE AREA DESIGNATION.  THE  APPLICANT  SHALL  DEMONSTRATE
LOCAL CAPACITY TO MANAGE SUCH A PROGRAM, DEMONSTRATE THE MANNER IN WHICH
THE  OVERALL  AREA  PLAN ENUNCIATES THE NEEDS OF THE AREA AND SETS FORTH
PROPOSALS TO SOLVE THEM, AND THE MANNER IN WHICH PROGRESS IN  IMPLEMENT-
ING THE AREA PLAN WILL BE ROUTINELY EVALUATED ON THE LOCAL LEVEL AND HOW
INFORMATION  ESSENTIAL  FOR  PERIODIC  EVALUATIONS WILL BE COMPILED. THE
PLAN SHALL FURTHER INCLUDE:
  (A) A STATEMENT INDICATING HOW CDA DESIGNATION  WOULD  ASSIST  IN  THE
REVITALIZATION OF THE AREA IN WHICH SUCH AREA IS PROPOSED TO BE LOCATED;
  (B)  A DESCRIPTION OF THE METHOD BY WHICH INDUSTRIAL DEVELOPMENT AGEN-
CIES OR OTHER PUBLIC FINANCE AGENCIES SHALL GRANT A PREFERENCE FOR ALLO-
CATION OF PRIVATE ACTIVITY BONDING AUTHORITY FOR PROJECTS LOCATED IN THE
PROPOSED CDA;
  (C) A DESCRIPTION OF PROPOSALS  FOR  INFRASTRUCTURE  IMPROVEMENTS  AND
INVESTMENTS AND A TIMETABLE FOR THEIR COMPLETION;
  (D)  A STATEMENT IDENTIFYING THOSE LOCAL TAX INCENTIVES PROPOSED TO BE
OFFERED WITHIN THE AREA;
  (E) A DESCRIPTION OF A PROCEDURE  TO  EXPEDITE  THE  ISSUANCE  OF  ANY
REQUIRED LOCAL PERMITS OR LICENSES;
  (F)  A  DESCRIPTION  OF OTHER ACTIVITIES TO BE UNDERTAKEN BY MUNICIPAL
AGENCIES,    BUSINESS     ENTITIES,     NOT-FOR-PROFIT     CORPORATIONS,

A. 3563                             8

COMMUNITY-BASED  ORGANIZATIONS  OR ANY OTHER PERSONS, WHICH ARE DESIGNED
TO PROMOTE PRIVATE SECTOR INVESTMENT AND JOB DEVELOPMENT IN THE CDA  AND
A  DESCRIPTION  OF THE JOB TRAINING OR JOB PLACEMENT SERVICES TO BE MADE
AVAILABLE TO CDA RESIDENTS IN NEED OF SUCH TRAINING OR SERVICES;
  (G) AN INVENTORY OF REAL PROPERTY LOCATED WITHIN THE PROPOSED CDA THAT
IS  OWNED  BY A MUNICIPALITY OR THE STATE AND IS CURRENTLY UNUSED BY THE
MUNICIPALITY OR THE STATE;
  (H) A DESCRIPTION OF THE BUSINESS DEVELOPMENT PROGRAMS AND SERVICES TO
BE AVAILABLE TO STIMULATE THE CREATION OF NEW SMALL BUSINESSES,  INCLUD-
ING NEW SMALL MINORITY AND WOMEN OWNED BUSINESS ENTERPRISES;
  (I)  A  DESCRIPTION  OF  EFFORTS THAT WILL BE UNDERTAKEN TO PREVENT OR
DISCOURAGE THE DISPLACEMENT OF RESIDENTS OF THE PROPOSED CDA;
  (J) A DESCRIPTION OF ACTIVITIES  DESIGNED  TO  ENSURE  THE  MEANINGFUL
PARTICIPATION  OF MINORITY-OWNED AND WOMEN-OWNED BUSINESS ENTERPRISES IN
CDA DEVELOPMENT ACTIVITIES;
  (K) A DESCRIPTION OF PROVISIONS FOR THE PARTICIPATION OF  NOT-FOR-PRO-
FIT  CULTURAL  AND  BUSINESS CORPORATIONS IN THE DEVELOPMENT OF THE PLAN
AND IN STRATEGIES FOR IMPLEMENTATION OF THE PLAN;
  (L) A DESCRIPTION OF THE MARKETING STRATEGY  TO  BE  EMPLOYED  BY  THE
APPLICANT  TO  PROMOTE  DEVELOPMENT  IN THE AREA AND THE RESOURCES TO BE
COMMITTED BY THE APPLICANT AND OTHER ORGANIZATIONS TO THE IMPLEMENTATION
OF SUCH STRATEGY;
  (M) A DESCRIPTION OF THE METHOD BY WHICH THE APPLICANT  WILL  EVALUATE
THE  SUCCESS  OF  ANY  ACTIVITIES  TO BE UNDERTAKEN IN THE PROPOSED CDA,
PROVIDED, HOWEVER, THAT THE APPLICANT SHALL TAKE INTO CONSIDERATION  THE
FACTORS  UPON  WHICH  THE  SELECTION OF THE AREA WAS BASED IN ANY EVALU-
ATION;
  (N) A DESCRIPTION OF PROVISIONS FOR PARTICIPATION  AND  ALLOCATION  OF
FUNDS BY THE AFFECTED SERVICE DELIVERY AREA PRIVATE INDUSTRY COUNCIL AND
ADMINISTRATIVE  ENTITY ESTABLISHED PURSUANT TO THE JOB TRAINING PARTNER-
SHIP ACT (P.L. 97-300, AS AMENDED) TO PROVIDE JOB TRAINING IN THE AREA;
  (O) A STATEMENT OF THE REASONS WHY THE PARTICULAR  GEOGRAPHIC  CONFIG-
URATION OF THE AREA WAS SELECTED;
  (P) A DESCRIPTION OF THE STRUCTURE AND DUTIES OF THE LOCAL AREA ADMIN-
ISTRATIVE  BOARD  TO  BE ESTABLISHED WITHIN EACH CDA AS PROVIDED IN THIS
ARTICLE;
  (Q) A DESCRIPTION OF THE SPECIAL PROGRAMS TO  BE  OPERATED  BY  EDUCA-
TIONAL  INSTITUTIONS  AND OTHER TRAINING ENTITIES IN THE AREA TO PREPARE
AND TRAIN AREA RESIDENTS FOR EMPLOYMENT BY BUSINESSES LOCATED WITHIN AND
OUTSIDE THE AREA;
  (R) A STATEMENT FROM THE  APPROPRIATE  REGIONAL  ECONOMIC  DEVELOPMENT
COUNCIL  SETTING  FORTH THE SPECIFIC RESOURCES TO BE ALLOCATED FOR BUSI-
NESS DEVELOPMENT IN THE AREA;
  (S) A DESCRIPTION OF FACILITIES FOR LICENSED AND CERTIFIED  CHILD  DAY
CARE  FOR THE CHILDREN OF PERSONS ENGAGED IN TRAINING FOR EMPLOYMENT IN,
OR EMPLOYED IN, THE AREA;
  (T) A DESCRIPTION OF SPECIFIC STRATEGIES AND PRIORITIES  FOR  ECONOMIC
REVITALIZATION  OF  THE  AREA  AND  OF  INDICATORS TO BE USED TO MEASURE
PERFORMANCE AGAINST OBJECTIVES;
  (U) A STATEMENT OF HUMAN RESOURCE DEVELOPMENT GOALS FOR  THE  CDA  AND
SPECIFIC STRATEGIES FOR ACHIEVING THEM;
  (V)  A  DESCRIPTION  OF HOW THE APPLICANT WILL USE AREA DESIGNATION TO
COORDINATE ECONOMIC DEVELOPMENT PROGRAMS  AND  PROVIDERS  AT  THE  LOCAL
LEVEL TO SERVICE THE AREA;
  (W)  A  DESCRIPTION  OF  THE ORGANIZATIONAL ACTIONS TO BE TAKEN BY THE
LOCAL CDA ADMINISTRATIVE  BOARD  AND  AREA  ADMINISTRATIVE  ENTITIES  TO

A. 3563                             9

IMPLEMENT  SPECIFIED  BUSINESS, COMMUNITY AND HUMAN RESOURCE DEVELOPMENT
GOALS AND STRATEGIES; AND
  (X)  A DESCRIPTION OF THE FINANCIAL COMMITMENTS WHICH THE APPLICANT IS
PREPARED TO MAKE TO THE AREA, INCLUDING, BUT NOT  LIMITED  TO,  SPECIFIC
COMMITMENTS FOR INFRASTRUCTURE IMPROVEMENTS.
  S  6.06. DESIGNATION OF CULTURAL ASSETS.  1. THERE SHALL BE A TOTAL OF
ONE HUNDRED CULTURAL ASSETS DESIGNATED  IN  NEW  YORK,  LOCATED  IN  AND
DESIGNATED  BY  THE GOVERNING BODY OF ANY COUNTY, CITY, TOWN OR VILLAGE,
PROVIDED, HOWEVER, THAT NO CULTURAL ASSET  MAY  BE  LOCATED  WITHIN  THE
BOUNDARIES  OF  ANY  DESIGNATED  CULTURAL  DEVELOPMENT AREA. ON THE NEXT
JANUARY FIRST SUCCEEDING THE EFFECTIVE DATE OF THIS ARTICLE, EVERY COUN-
TY, CITY, TOWN OR VILLAGE ACTING ON RECOMMENDATION OF ITS  CHIEF  EXECU-
TIVE,  MAY  DESIGNATE  A CULTURAL ASSET. SUCH DESIGNATION SHALL MEET THE
CRITERIA AND PROCESS ESTABLISHED IN THIS ARTICLE FOR  DESIGNATION  OF  A
CULTURAL  DEVELOPMENT  AREA,  INCLUDING  THE PASSAGE OF A LOCAL LAW, BUT
SHALL NOT BE EFFECTIVE UNTIL AFTER APPROVAL IN WRITING  BY  THE  COMMIS-
SIONER.  SUBMISSION  TO  THE  COMMISSIONER FOR APPROVAL MAY OCCUR AT ANY
TIME PRIOR TO OR AFTER SUCH JANUARY FIRST DATE, AND THE  CULTURAL  ASSET
SHALL  BECOME  EFFECTIVE  ON  THE PRIOR OR NEXT SUCCEEDING JANUARY FIRST
NEAREST THE DATE OF SUCH WRITTEN APPROVAL.
  2. A CULTURAL ASSET MAY BE ANY SINGLE BUILDING OWNED IN  WHOLE  OR  IN
PART BY AN ARTS CORPORATION THE PURPOSE FOR WHICH IS THE PRESENTATION OR
EXHIBITION  OR CREATION OF ARTISTIC OR CULTURAL PERFORMANCES OR EXHIBITS
TO THE PUBLIC.
  S 6.07. CRITERIA FOR DESIGNATION OF A CULTURAL ASSET. THE COMMISSIONER
SHALL ESTABLISH A SET OF CRITERIA FOR  THE  DESIGNATION  OF  A  CULTURAL
ASSET CONSISTENT WITH THOSE CRITERIA ESTABLISHED IN SECTION 6.05 OF THIS
ARTICLE,  PROVIDED  THAT  THE COMMISSIONER SHALL ADOPT THE PROVISIONS OF
THAT SECTION AS NECESSARY FOR THE DESIGNATION OF CULTURAL ASSETS.
  S 6.08. RESPONSIBILITIES OF THE COMMISSIONER.  THE COMMISSIONER SHALL:
  1. AFTER CONSULTATION WITH THE DIRECTOR OF THE BUDGET, THE COMMISSION-
ER OF TAXATION AND FINANCE, AND THE CHAIRPERSON OF THE  COUNCIL  ON  THE
ARTS,  PROMULGATE  REGULATIONS  WHICH  SHALL NOT EXCEED THE REQUIREMENTS
ESTABLISHED IN THIS ARTICLE,  GOVERNING  CRITERIA  FOR  ELIGIBILITY  FOR
CULTURAL  DEVELOPMENT  AREA  DESIGNATION,  PROVIDED,  HOWEVER, THAT SUCH
CRITERIA BE APPROVED BY THE DIRECTOR  OF  THE  BUDGET;  THE  APPLICATION
PROCESS;  AND  THE CERTIFICATION OR, AS APPROPRIATE, THE ELIGIBILITY, OF
ARTS  CORPORATIONS,  CULTURAL  FACILITIES,  AND  SERVICES  FOR  BENEFITS
REFERRED TO IN THIS ARTICLE.
  2.  PROMULGATE REGULATIONS, AFTER CONSULTATION WITH THE CHAIRPERSON OF
THE COUNCIL ON THE ARTS CONCERNING JOINT DECERTIFICATION BY THE  COMMIS-
SIONER  AND  THE  LOCAL  AREA  CERTIFICATION OFFICER SO AS TO REVOKE THE
CERTIFICATION OF ARTS CORPORATIONS FOR  BENEFITS  REFERRED  TO  IN  THIS
ARTICLE UPON A FINDING THAT THE ARTS CORPORATION:
  (A)  MADE  MATERIAL  MISREPRESENTATIONS OF FACT ON ITS APPLICATION FOR
CERTIFICATION, OR FAILED  TO  DISCLOSE  FACTS  IN  ITS  APPLICATION  FOR
CERTIFICATION  THAT  WOULD  CONSTITUTE GROUNDS FOR NOT ISSUING A CERTIF-
ICATION;
  (B) FAILED TO CONSTRUCT, EXPAND, REHABILITATE OR OPERATE ITS  FACILITY
SUBSTANTIALLY  IN  ACCORDANCE  WITH THE REPRESENTATIONS CONTAINED IN ITS
APPLICATION FOR CERTIFICATION;
  (C) FAILED TO SUBMIT AN  ANNUAL  REPORT  OR  FAILED  TO  SUBMIT  OTHER
REQUIRED INFORMATION TO THE LOCAL CERTIFICATION OFFICER WHEN DUE; OR
  (D)  COMMITTED  SUBSTANTIAL  VIOLATIONS  OF LAWS FOR THE PROTECTION OF
WORKERS INCLUDING ALL FEDERAL, STATE AND  LOCAL  LABOR  LAWS,  RULES  OR
REGULATIONS.

A. 3563                            10

  SUCH  REGULATIONS  SHALL PROVIDE THAT WHENEVER ANY ARTS CORPORATION IS
DECERTIFIED THE DATE DETERMINED TO BE THE  EARLIEST  EVENT  CONSTITUTING
GROUNDS FOR REVOKING CERTIFICATION SHALL BE THE EFFECTIVE DATE OF DECER-
TIFICATION,  AND THE COMMISSIONER SHALL NOTIFY THE COMMISSIONER OF TAXA-
TION  AND  FINANCE  THAT  SUCH  DECERTIFICATION  HAS  OCCURRED, AND SUCH
NOTIFICATION SHOULD INCLUDE THE EFFECTIVE DATE OF  SUCH  DECERTIFICATION
AND THE AREA TO WHICH SUCH DECERTIFICATION APPLIES.
  3.  RECEIVE  AND REVIEW APPLICATIONS FOR DESIGNATION OF AREAS AS CDAS,
INCLUDING NEW APPLICATIONS TO REPLACE ANY PREVIOUSLY DESIGNATED AREA THE
DESIGNATION OF WHICH HAS BEEN TERMINATED OR WITHDRAWN.
  4. FILE NOTICE OF THE DESIGNATION OR REDESIGNATION OF A CDA OR OF  THE
REVISION  OR  TERMINATION  OF  SUCH  DESIGNATION WITH THE APPLICANT, THE
DEPARTMENT OF TAXATION AND FINANCE, THE SECRETARY  OF  STATE,  WITH  THE
COUNTY,  CITY,  TOWN  OR  VILLAGE  CLERK  OF EACH COUNTY, CITY, TOWN, OR
VILLAGE, RESPECTIVELY, IN WHICH THE CDA  IS  LOCATED,  WITH  THE  SCHOOL
DISTRICT  GOVERNING  BODY  IN  WHICH THE AREA IS LOCATED, WITH THE STATE
BOARD OF REAL PROPERTY SERVICES AND WITH OTHER STATE AND LOCAL ENTITIES.
SUCH NOTICE SHALL SPECIFY THE DATE  SUCH  ACTION  WAS  TAKEN  AND  SHALL
CONTAIN  A  DESCRIPTION  SUFFICIENT  TO IDENTIFY THE AREA, INCLUDING THE
NAMES OF THE ABUTTING STREETS, ROADS,  HIGHWAYS,  BODIES  OF  WATER,  OR
OTHER IDENTIFYING PHYSICAL FEATURES.
  5.  REQUEST,  AND  SHALL RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD,
BUREAU, COMMISSION, AGENCY OR PUBLIC AUTHORITY OF THE STATE SUCH ASSIST-
ANCE AS MAY BE NECESSARY TO ESTABLISH A PROCEDURE  WHEREBY  APPLICATIONS
SUBMITTED  BY  ENTITIES  LOCATED  WITHIN  A CDA REQUESTING FINANCIAL AND
OTHER ASSISTANCE PROVIDED BY STATE PROGRAMS, INCLUDING, BUT NOT  LIMITED
TO,  CAPITAL  DEVELOPMENT,  HUMAN RESOURCE DEVELOPMENT, BUSINESS ASSIST-
ANCE, JOB TRAINING AND JOB PLACEMENT,  SHALL,  CONSISTENT  WITH  FEDERAL
LAW,  BE  GIVEN  PRIORITY  OVER  APPLICATIONS  SUBMITTED BY ENTITIES NOT
LOCATED IN SUCH AREAS.
  6. ESTABLISH A PRIORITY FOR  THE  ALLOCATION  OF  AUTHORITY  TO  ISSUE
PRIVATE ACTIVITY BONDS FOR THE BENEFIT OF MUNICIPALITIES AND ARTS CORPO-
RATIONS LOCATED OR TO BE LOCATED WITHIN CULTURAL DEVELOPMENT AREAS.
  7.  COORDINATE,  WITH  THE  LOCAL  AREA ADMINISTRATIVE BOARD AND STATE
AGENCIES AND AUTHORITIES, THE  PROVISION  OF  DEVELOPMENT  PROGRAMS  AND
SERVICES  FOR  EACH AREA IN ORDER TO STIMULATE THE CREATION AND DEVELOP-
MENT OF  NEW  ARTS  CORPORATIONS,  CULTURAL  FACILITIES,  AND  SERVICES,
INCLUDING NEW SMALL MINORITY-OWNED AND WOMEN-OWNED BUSINESS ENTERPRISES,
AND  MAY REQUEST AND SHALL RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD,
BUREAU, COMMISSION, AGENCY OR PUBLIC AUTHORITY OF THE STATE SUCH ASSIST-
ANCE AS MAY BE NECESSARY.
  8. COORDINATE WITH THE COMPTROLLER AND THE  COMMISSIONER  OF  TAXATION
AND  FINANCE  A  LINKED DEPOSIT PROGRAM. THE COMPTROLLER AND THE COMMIS-
SIONER OF TAXATION AND FINANCE ARE HEREBY AUTHORIZED  AND  EMPOWERED  TO
ENTER  INTO AGREEMENTS WITH FINANCIAL INSTITUTIONS LOCATED IN OR SERVING
THE CDAS, TO PROVIDE FOR THE DEPOSIT OF FUNDS  ADMINISTERED  JOINTLY  BY
THEM  IN  SUCH INSTITUTIONS, AT REDUCED RATES OF RETURN TO THE STATE, IN
RETURN FOR COMMITMENTS BY SUCH INSTITUTIONS TO BUSINESSES  OF  LOANS  OF
COMPARABLE  AMOUNTS, AT REDUCED INTEREST RATES, FOR BUSINESS DEVELOPMENT
PROJECTS IN THE AREAS THAT WILL CREATE OR PRESERVE JOBS.
  9. ASSIST EACH LOCAL CDA BOARD IN  PREPARING  A  DEVELOPMENT  PLAN  AS
REQUIRED  BY THIS ARTICLE AND COORDINATE WITH THE LOCAL AREA ADMINISTRA-
TIVE BOARD AND STATE AGENCIES AND AUTHORITIES THE  DEVELOPMENT  OF  ARTS
CORPORATION  AND  CULTURAL FACILITIES PROCUREMENT, EXPORT, AND MARKETING
PROGRAMS.

A. 3563                            11

  10. CONTRACT WITH A STATEWIDE ARTS GROUP WHICH HAS HAD  EXPERIENCE  IN
THE  DEVELOPMENT  OF  CULTURAL DEVELOPMENT AREAS IN NEW YORK FOR PROGRAM
EVALUATION AND COORDINATE THE IMPLEMENTATION OF  AN  EVALUATION  SYSTEM,
WHICH  IS  CAPABLE  OF  COMPILING  AND ANALYZING ACCURATE AND CONSISTENT
INFORMATION  NECESSARY FOR AN ASSESSMENT OF WHETHER STATUTORY OBJECTIVES
AND CRITERIA ARE BEING MET.
  11. REVIEW PERFORMANCE OBJECTIVES AND PROGRESS IN  MEETING  OBJECTIVES
WITH  CDA  BOARDS AND AREA ADMINISTRATIVE ENTITIES AS PART OF THE ANNUAL
ADMINISTRATIVE CONTRACT PROCESS.
  12. COORDINATE WITH THE  DEPARTMENT  OF  LABOR,  THE  STATE  EDUCATION
DEPARTMENT,  THE  JOB  TRAINING  PARTNERSHIP COUNCIL AND AGENCIES OF THE
STATE THE INCLUSION IN ANNUAL AND BIENNIAL PLANS OF SUCH ENTITIES' STRA-
TEGIES FOR INCREASING AND IMPROVING HUMAN RESOURCE DEVELOPMENT  SERVICES
ON  A  PRIORITY  BASIS, CONSISTENT WITH FEDERAL STATUTORY AND REGULATORY
REQUIREMENTS, TO RESIDENTS OF THE AREAS  AND  EMPLOYEES  OF  AREA  BUSI-
NESSES,  INCLUDING,  BUT NOT LIMITED TO, THE GOVERNOR'S PLAN FOR COORDI-
NATION AND SPECIAL SERVICES OF THE JOB TRAINING PARTNERSHIP COUNCIL, THE
JOBS PLAN AND WAGNER-PEYSER ANNUAL PLAN FOR SERVICES OF  THE  DEPARTMENT
OF  LABOR,  AND  THE  CAREER EDUCATION STATE PLAN OF THE STATE EDUCATION
DEPARTMENT.
  13. ARRANGE WITH THE JOB TRAINING PARTNERSHIP COUNCIL THE PROVISION OF
JOB TRAINING PARTNERSHIP ACT FUNDS FOR USE WITHIN  THE  AREAS  WITH  THE
COOPERATION  OF  THE  SERVICE  DELIVERY AREAS IN THE GOVERNOR'S PLAN FOR
COORDINATION AND SPECIAL SERVICES.
  14. SUBJECT TO THE AVAILABILITY OF FUNDS, ARRANGE FOR  THE  ALLOCATION
AND RESERVATION OF FUNDS FROM THE INFRASTRUCTURE IMPROVEMENT PROGRAMS OF
STATE  AGENCIES  AND  AUTHORITIES  TO  ASSIST  THE  AREAS TO MAKE PUBLIC
IMPROVEMENTS NECESSARY FOR COMMUNITY, COMMERCIAL, INDUSTRIAL AND TOURISM
DEVELOPMENT PROJECTS IN SUPPORT OF AREA REVITALIZATION.
  15. SYSTEMATICALLY ENLIST OTHER  STATE  AGENCIES  AND  AUTHORITIES  TO
PARTICIPATE IN AREA PROGRAMS AND PROJECTS AND IN COOPERATIVE PLANNING OF
INTERAGENCY AREA ACTIVITIES IN SUPPORT OF AREA REVITALIZATION EFFORTS.
  16.  RECOMMEND FOR EMPIRE LOAN AND GRANT PROGRAMS OF THE DEPARTMENT OF
ECONOMIC DEVELOPMENT, URBAN  DEVELOPMENT  CORPORATION,  JOB  DEVELOPMENT
AUTHORITY,  AND  THE OFFICE OF SCIENCE, TECHNOLOGY AND ACADEMIC RESEARCH
SPECIAL TERMS AND CONDITIONS FOR VIABLE AREA PROJECTS AND PROGRAMS.
  17. AWARD PREFERENCE TO BE GIVEN TO APPLICATIONS SUBMITTED  BY  OR  ON
BEHALF  OF  AREAS  FOR ENTREPRENEURIAL ASSISTANCE PROGRAMS UNDER ARTICLE
NINE OF THE ECONOMIC DEVELOPMENT LAW TO  SUPPORT  THE  CREATION  OF  NEW
ENTREPRENEURIAL DEVELOPMENT AND ENTREPRENEURIAL SUPPORT CENTERS.
  18.  COORDINATE WITH THE URBAN DEVELOPMENT CORPORATION THE CREATION OF
A SPECIAL CATEGORY OF ASSISTANCE FOR AREAS WITHIN THE REGIONAL  ECONOMIC
DEVELOPMENT  PARTNERSHIP  PROGRAM,  WHICH  WILL  MAKE AVAILABLE ECONOMIC
DEVELOPMENT ASSISTANCE GRANTS FOR AREA PROGRAMS AND ACTIVITIES,  INCLUD-
ING,  BUT  NOT  LIMITED  TO,  PLANNING,  SERVICE COORDINATION, AND LOCAL
INSTITUTIONAL CAPACITY BUILDING FOR HUMAN RESOURCE DEVELOPMENT NECESSARY
FOR ECONOMIC REVITALIZATION; PLANNING AND DEVELOPMENT OF SMALL  BUSINESS
INCUBATORS;  JOB PLACEMENT AND PREPAREDNESS PROGRAMS FOR AREA RESIDENTS;
EDUCATION AND TRAINING PROGRAMS FOR AREA BUSINESSES; CHILD CARE PROGRAMS
AND PROJECTS SUPPORTIVE OF BUSINESS  DEVELOPMENT;  TECHNICAL  ASSISTANCE
FOR  MINORITY  AND  WOMEN-OWNED  BUSINESS DEVELOPMENT; TRAINING FOR AREA
OFFICIALS; BUSINESS AND TOURISM DEVELOPMENT AND MARKETING PROGRAMS;  AND
OTHER  INNOVATIVE  PROGRAMS  AND  ACTIVITIES  IN SUPPORT OF ECONOMIC AND
COMMUNITY DEVELOPMENT WITHIN THE AREAS.
  19. ASSIST IN THE DEVELOPMENT OF A  PLAN,  IN  COORDINATION  WITH  THE
HEALTH AND INSURANCE DEPARTMENTS, AND THE COUNCIL ON THE ARTS, TO ASSIST

A. 3563                            12

AREAS  IN OBTAINING AFFORDABLE EMPLOYEE HEALTH INSURANCE FOR ARTS CORPO-
RATIONS LOCATED WITHIN THE AREA.
  S  6.09.  NEW  YORK STATE CULTURAL DEVELOPMENT AREAS ADVISORY COUNCIL.
THERE IS HEREBY ESTABLISHED THE  NEW  YORK  STATE  CULTURAL  DEVELOPMENT
AREAS  ADVISORY  COUNCIL, TO BE COMPRISED OF ELEVEN MEMBERS APPOINTED BY
THE GOVERNOR. MEMBERS OF THE COUNCIL SHALL INCLUDE: THE COMMISSIONER  OR
HIS  OR  HER  DESIGNEE; THE CHAIRPERSON OF THE NEW YORK STATE COUNCIL ON
THE ARTS OR HIS OR HER DESIGNEE; THE CHAIRPERSON OF THE NEW  YORK  STATE
TOURISM  ADVISORY COUNCIL OR HIS OR HER DESIGNEE; THREE MEMBERS SHALL BE
APPOINTED UPON THE RECOMMENDATION OF  THE  TEMPORARY  PRESIDENT  OF  THE
SENATE;  ONE  MEMBER  SHALL  BE APPOINTED UPON THE RECOMMENDATION OF THE
MINORITY LEADER OF THE SENATE; THREE MEMBERS SHALL BE APPOINTED UPON THE
RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY; AND ONE MEMBER  SHALL  BE
APPOINTED  UPON  THE RECOMMENDATION OF THE MINORITY LEADER OF THE ASSEM-
BLY. THE MEMBERS OF THE COUNCIL SHALL SERVE  FOR  TERMS  OF  TWO  YEARS,
PROVIDED,  HOWEVER, THAT OF THE MEMBERS FIRST APPOINTED, SIX SHALL SERVE
FOR TWO YEARS AND FIVE  SHALL  SERVE  FOR  THREE  YEARS.  MEMBERS  SHALL
RECEIVE  NO  COMPENSATION FOR THEIR SERVICES, BUT SHALL BE ALLOWED THEIR
ACTUAL, NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF  THEIR  DUTIES
AS  COUNCIL MEMBERS. THE GOVERNOR SHALL DESIGNATE A CHAIRPERSON FROM THE
MEMBERS OF THE COUNCIL. THE MEMBERS  OF  THE  COUNCIL  SHALL  ELECT  ONE
PERSON  TO  SERVE  AS  THE  VICE-CHAIRPERSON. THE VICE-CHAIRPERSON SHALL
REPRESENT THE COUNCIL IN THE ABSENCE OF THE CHAIRPERSON AT ALL  OFFICIAL
COUNCIL  FUNCTIONS.  IN  APPOINTING MEMBERS TO THE COUNCIL, THE GOVERNOR
SHALL ENSURE THAT SUCH MEMBERS INCLUDE REPRESENTATIVES OF  ORGANIZATIONS
OF  ARTS  AND  CULTURAL RELATED INDUSTRIES IN THE STATE, REPRESENTATIVES
WITH DISTINGUISHED ECONOMIC DEVELOPMENT BACKGROUNDS, AND REPRESENTATIVES
IN THE TOURISM INDUSTRY IN THE STATE. THE COUNCIL SHALL  MEET  AT  LEAST
QUARTERLY,  AT  THE CALL OF THE COMMISSIONER OR AT THE CALL OF THE CHAIR
OF THE COUNCIL.  THE DEPARTMENT AND THE STATE COUNCIL ON THE ARTS  SHALL
PROVIDE  TO  THE  COUNCIL  ANY  ASSISTANCE NECESSARY. THE PURPOSE OF THE
COUNCIL SHALL BE TO ADVISE LOCAL GOVERNMENTS ON APPLICATION FOR CULTURAL
DEVELOPMENT AREAS, TO PROVIDE ASSISTANCE IN  COMPLETING  AN  APPLICATION
FOR  DESIGNATION  OF A CDA (INCLUDING AIDING APPLICANTS IN RECTIFYING AN
APPLICATION WHICH HAS NOT BEEN APPROVED BY  THE  COMMISSIONER),  AND  TO
MAKE RECOMMENDATIONS TO THE DEPARTMENT ON CULTURAL DEVELOPMENT AREAS. IN
CARRYING  OUT ITS RESPONSIBILITIES PURSUANT TO THIS SECTION, THE COUNCIL
SHALL ASSIST THE DEPARTMENT IN  OBTAINING  ANY  INFORMATION  AS  MAY  BE
NECESSARY FOR APPROVING A CULTURAL DEVELOPMENT AREA.
  S  6.10.  NEW  YORK  STATE CULTURAL DEVELOPMENT AREAS EVALUATION.  THE
COMMISSIONER SHALL CONTRACT WITH A STATEWIDE  ARTS  ORGANIZATION  ENTITY
INDEPENDENT  OF  THE DEPARTMENT, AS REQUIRED BY THIS ARTICLE, TO CONDUCT
AND SUBMIT TO THE GOVERNOR AND THE LEGISLATURE BY NO LATER THAN DECEMBER
THIRTY-FIRST, TWO THOUSAND THIRTEEN, A COMPREHENSIVE EVALUATION  OF  THE
PERFORMANCE  OF  THE  AREAS  PROGRAM  AND OF INDIVIDUAL AREAS ON MEETING
CRITERIA ESTABLISHED PURSUANT TO  THIS  ARTICLE.  THE  EVALUATION  SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
  1.  WHETHER  QUANTIFIABLE BENEFITS ATTRIBUTABLE TO THE PROGRAM JUSTIFY
ITS DIRECT COSTS TO THE STATE AND PARTICIPATING LOCALITIES.
  2. WHETHER THE PROGRAM HAS CONTRIBUTED TO THE ECONOMIC  REVITALIZATION
OF THE AREAS BY STIMULATING:
  (A)  THE CREATION AND RETENTION OF PERMANENT, FULL-TIME, QUALITY JOBS,
AS MEASURED ON A FULL-TIME EQUIVALENCY BASIS;
  (B)  THE  CREATION,  LOCATION  AND  EXPANSION  OF  ARTS  CORPORATIONS,
CULTURAL FACILITIES, AND ANCILLARY BUSINESSES AND SERVICES IN THE AREAS;

A. 3563                            13

  (C) CAPITAL AND HUMAN RESOURCE INVESTMENTS BY AREA ENTITIES, INCLUDING
ARTS  CORPORATIONS,  CULTURAL  FACILITIES,  AND ANCILLARY BUSINESSES AND
SERVICES, AND BUSINESS DEVELOPMENT, INCLUDING TOURISM DEVELOPMENT, WITH-
IN THE AREAS AND THE SURROUNDING AREAS; AND
  (D)  PUBLIC  AND  PRIVATE INVESTMENTS IN AREA ENTITIES, INCLUDING ARTS
CORPORATIONS,  CULTURAL  FACILITIES,  AND   ANCILLARY   BUSINESSES   AND
SERVICES,  AND  ECONOMIC  AND COMMUNITY DEVELOPMENT ACTIVITIES IMPORTANT
FOR ECONOMIC REVITALIZATION.
  3. WHETHER THE PROGRAM HAS CREATED EMPLOYMENT AND  ARTS  CORPORATIONS,
CULTURAL  FACILITIES,  AND ANCILLARY BUSINESSES AND SERVICES DEVELOPMENT
OPPORTUNITIES FOR RESIDENTS OF THE AREAS AND JOB TRAINING  OPPORTUNITIES
FOR RESIDENTS AND EMPLOYEES OF SUCH AREA ENTITIES.
  4. WHETHER THE PROGRAM HAS:
  (A)  RESULTED IN NEW AND IMPROVED LOCAL ADMINISTRATIVE CAPACITY WITHIN
THE AREAS TO PLAN FOR AND CAPTURE ECONOMIC OPPORTUNITIES AND DELIVER AND
COORDINATE ECONOMIC, COMMUNITY AND HUMAN RESOURCE DEVELOPMENT  SERVICES,
AND
  (B)  INCREASED  COMMITMENTS OF LOCAL RESOURCES TO AREA REVITALIZATION,
INCLUDING SUPPORT FROM THE BUSINESS COMMUNITY.
  5. WHETHER THE PROGRAM HAS STIMULATED ASSISTANCE FROM  STATE,  FEDERAL
AND  OTHER  ECONOMIC,  COMMUNITY AND HUMAN RESOURCE DEVELOPMENT PROGRAMS
RELATIVE TO OTHER AREAS AND IMPROVED THE DELIVERY  AND  COORDINATION  OF
STATE SERVICES TO THE AREAS.
  6.  WHETHER  THE PROGRAM IS BEING MANAGED AND EVALUATED EFFECTIVELY AT
STATE AND LOCAL LEVELS.
  S 6.11. SPECIAL PROVISIONS RELATING  TO  CULTURAL  DEVELOPMENT  AREAS.
BENEFITS  PROVIDED TO ENTITIES AND ACTIVITIES WITHIN A CULTURAL DEVELOP-
MENT AREA INCLUDE THE FOLLOWING:
  1. REAL PROPERTY TAXES. A CULTURAL  FACILITY  PROJECT  IN  A  CULTURAL
DEVELOPMENT  AREA  SHALL  BE  ELIGIBLE FOR A REAL PROPERTY TAX EXEMPTION
PURSUANT TO SECTION FOUR HUNDRED EIGHTY-FIVE-E OF THE REAL PROPERTY  TAX
LAW,  AS  IF  SUCH  PROJECT  WERE  REAL  PROPERTY  CONSTRUCTED, ALTERED,
INSTALLED OR IMPROVED IN AN EMPIRE ZONE. SOLELY FOR PURPOSES OF BENEFITS
PROVIDED PURSUANT TO THIS ARTICLE, AND ANY OTHER PROVISION OF ANY  OTHER
LAW  TO  THE  CONTRARY  NOTWITHSTANDING,  THE TERM "EMPIRE ZONE" IN SUCH
SECTION FOUR HUNDRED EIGHTY-FIVE-E SHALL BE DEEMED TO INCLUDE A CULTURAL
DEVELOPMENT AREA, AND REAL PROPERTY ELIGIBLE FOR SUCH EXEMPTION SHALL BE
LIMITED TO A CULTURAL FACILITY, AS DEFINED IN SECTION 6.03 OF THIS ARTI-
CLE.
  2. CERTAIN UTILITY TAXES. AN ARTS  CORPORATION,  A  CULTURAL  FACILITY
PROJECT, OR A PARTNERSHIP IN WHICH AN ARTS CORPORATION IS A PARTNER IN A
CULTURAL DEVELOPMENT AREA SHALL BE ELIGIBLE FOR THE REDUCTION IN UTILITY
COSTS  OF  NON-RETAIL  BUSINESS  CUSTOMERS  AND A CORRELATIVE TAX CREDIT
PROVIDED TO NON-RETAIL BUSINESS CUSTOMERS IN AN EMPIRE ZONE PURSUANT  TO
SUBDIVISION  EIGHT  OF  SECTION ONE HUNDRED EIGHTY-SIX-A OF THE TAX LAW.
SOLELY FOR PURPOSES OF BENEFITS PROVIDED PURSUANT TO THIS  ARTICLE,  AND
ANY  OTHER  PROVISION  OF ANY OTHER LAW TO THE CONTRARY NOTWITHSTANDING,
THE TERM "EMPIRE ZONE" IN SUCH SECTION ONE HUNDRED EIGHTY-SIX-A  OF  THE
TAX  LAW  SHALL  BE  DEEMED  TO INCLUDE A CULTURAL DEVELOPMENT AREA, AND
NON-RETAIL BUSINESS CUSTOMERS  ELIGIBLE  FOR  SUCH  EXEMPTION  SHALL  BE
LIMITED  TO  AND  SHALL MEAN AND INCLUDE AN ARTS CORPORATION, A CULTURAL
FACILITY PROJECT, OR ANCILLARY BUSINESS  AND  SERVICES,  AS  DEFINED  IN
SECTION  6.03  OF THIS ARTICLE, WITHOUT REGARD TO WHETHER SUCH ENTITY IS
RETAIL OR NON-RETAIL.
  3. INVESTMENT TAX CREDIT AND  EMPLOYMENT  INCENTIVE  CREDIT.  AN  ARTS
CORPORATION  OR  A  CULTURAL  FACILITY PROJECT IN A CULTURAL DEVELOPMENT

A. 3563                            14

AREA SHALL BE ELIGIBLE FOR CREDITS AGAINST THE TAX IMPOSED UNDER ARTICLE
NINE-A OF THE TAX LAW (FRANCHISE TAX), BASED ON INVESTMENTS  IN  CERTAIN
ELIGIBLE  PROPERTY  IN A CULTURAL DEVELOPMENT AREA, TO THE EXTENT THAT A
TAXPAYER  WOULD  BE  ELIGIBLE  FOR CREDITS AGAINST THE TAX IMPOSED UNDER
ARTICLE NINE-A OF THE TAX LAW, BASED ON INVESTMENTS IN CERTAIN  ELIGIBLE
PROPERTY  IN  AN  EMPIRE  ZONE,  PURSUANT  TO  SUBDIVISIONS TWELVE-B AND
TWELVE-C OF SECTION TWO HUNDRED TEN OF THE TAX LAW. SOLELY FOR  PURPOSES
OF  BENEFITS  PROVIDED PURSUANT TO THIS ARTICLE, AND ANY OTHER PROVISION
OF ANY OTHER LAW TO THE CONTRARY NOTWITHSTANDING, THE TERM "EMPIRE ZONE"
USED IN SUCH SUBDIVISIONS TWELVE-B AND TWELVE-C OF SECTION  TWO  HUNDRED
TEN  OF  THE  TAX  LAW SHALL BE DEEMED TO INCLUDE A CULTURAL DEVELOPMENT
AREA, AND TAXPAYERS ELIGIBLE FOR SUCH CREDIT SHALL  BE  LIMITED  TO  AND
SHALL MEAN AND INCLUDE AN ARTS CORPORATION, A CULTURAL FACILITY PROJECT,
OR  A PARTNERSHIP IN WHICH THE ARTS CORPORATION IS A PARTNER, AS DEFINED
IN SECTION 6.03 OF THIS ARTICLE.
  4. INVESTMENT TAX CREDIT. AN ARTS CORPORATION OR A  CULTURAL  FACILITY
PROJECT  IN  A  CULTURAL DEVELOPMENT AREA SHALL BE ELIGIBLE FOR A CREDIT
AGAINST THE  TAX  IMPOSED  UNDER  ARTICLE  TWENTY-TWO  OF  THE  TAX  LAW
(PERSONAL INCOME TAX), BASED ON INVESTMENTS IN CERTAIN ELIGIBLE PROPERTY
IN SUCH CULTURAL DEVELOPMENT AREA TO THE EXTENT THAT A TAXPAYER WOULD BE
ELIGIBLE  FOR A CREDIT BASED ON INVESTMENTS IN CERTAIN ELIGIBLE PROPERTY
IN AN EMPIRE ZONE PURSUANT TO SUBSECTION (J) OF SECTION SIX HUNDRED  SIX
OF  THE  TAX  LAW.  SOLELY  FOR  PURPOSES OF COMPUTING BENEFITS PROVIDED
PURSUANT TO THIS ARTICLE, AND ANY OTHER PROVISION OF ANY  OTHER  LAW  TO
THE  CONTRARY  NOTWITHSTANDING,  THE  TERM  "EMPIRE  ZONE"  USED IN SUCH
SUBSECTION (J) OF SECTION SIX HUNDRED SIX OF THE TAX LAW SHALL BE DEEMED
TO INCLUDE A CULTURAL DEVELOPMENT AREA, AND TAXPAYERS ELIGIBLE FOR  SUCH
CREDIT  SHALL  BE  LIMITED  TO AND SHALL MEAN AND INCLUDE AN ARTS CORPO-
RATION, A CULTURAL FACILITY PROJECT, OR A PARTNERSHIP IN WHICH THE  ARTS
CORPORATION IS A PARTNER, AS DEFINED IN SECTION 6.03 OF THIS ARTICLE.
  5. WAGE TAX CREDIT. AN ARTS CORPORATION OR A CULTURAL FACILITY PROJECT
IN A CULTURAL DEVELOPMENT AREA SHALL BE ELIGIBLE FOR CREDITS AGAINST THE
TAXES   IMPOSED   UNDER  ARTICLES  NINE-A  (FRANCHISE  TAX),  TWENTY-TWO
(PERSONAL INCOME TAX),  THIRTY-TWO  (FRANCHISE  TAX  ON  BANKING  CORPO-
RATIONS)  AND  THIRTY-THREE (FRANCHISE TAX ON INSURANCE CORPORATIONS) OF
THE TAX LAW, BASED ON WAGES PAID  TO  CERTAIN  EMPLOYEES  BY  SUCH  ARTS
CORPORATION,  A  CULTURAL  FACILITY  PROJECT,  OR ANCILLARY BUSINESS AND
SERVICES TO THE EXTENT THAT A BUSINESS LOCATED IN AN EMPIRE ZONE  OR  IN
AN  EQUIVALENT  AREA  WOULD  BE  ELIGIBLE  FOR CREDITS AGAINST THE TAXES
IMPOSED UNDER ARTICLES NINE-A, TWENTY-TWO, THIRTY-TWO  AND  THIRTY-THREE
OF  THE TAX LAW, BASED ON WAGES PAID TO CERTAIN EMPLOYEES EMPLOYED BY IT
PURSUANT TO SUBDIVISION NINETEEN OF SECTION TWO HUNDRED TEN,  SUBSECTION
(K)  OF  SECTION  SIX  HUNDRED  SIX,  SUBSECTION (E) OF SECTION FOURTEEN
HUNDRED FIFTY-SIX AND SUBDIVISION (G) OF SECTION FIFTEEN HUNDRED ELEVEN,
RESPECTIVELY, OF THE TAX LAW. SOLELY FOR PURPOSES OF COMPUTING  BENEFITS
PROVIDED  PURSUANT TO THIS ARTICLE, AND ANY OTHER PROVISION OF ANY OTHER
LAW TO THE CONTRARY NOTWITHSTANDING, THE TERM "EMPIRE ZONE" USED IN SUCH
SUBDIVISION NINETEEN OF SECTION  TWO  HUNDRED  TEN,  SUBSECTION  (K)  OF
SECTION  SIX  HUNDRED  SIX,  SUBSECTION  (E) OF SECTION FOURTEEN HUNDRED
FIFTY-SIX AND SUBDIVISION (G) OF SECTION FIFTEEN HUNDRED ELEVEN, RESPEC-
TIVELY, OF THE TAX LAW SHALL BE DEEMED TO INCLUDE A CULTURAL DEVELOPMENT
AREA, AND TAXPAYERS ELIGIBLE FOR SUCH CREDIT SHALL  BE  LIMITED  TO  AND
SHALL MEAN AND INCLUDE AN ARTS CORPORATION, A CULTURAL FACILITY PROJECT,
OR  A PARTNERSHIP IN WHICH THE ARTS CORPORATION IS A PARTNER, AS DEFINED
IN SECTION 6.03 OF THIS ARTICLE.

A. 3563                            15

  6. SALES AND  USE  TAX.  AN  ARTS  CORPORATION,  A  CULTURAL  FACILITY
PROJECT, OR A PARTNERSHIP OF WHICH AN ARTS CORPORATION IS A PARTNER IN A
CULTURAL  DEVELOPMENT  AREA  SHALL  BE  ELIGIBLE FOR REFUND OR CREDIT OF
PAYMENTS OF CERTAIN TAXES IMPOSED UNDER ARTICLE TWENTY-EIGHT (SALES  AND
COMPENSATING  USE TAXES) AND, AT LOCAL OPTION, PURSUANT TO THE AUTHORITY
OF ARTICLE TWENTY-NINE (TAXES AUTHORIZED FOR CITIES, COUNTIES AND SCHOOL
DISTRICTS) OF THE TAX LAW, WITH RESPECT TO PURCHASES OF  MATERIALS  USED
IN  CONSTRUCTING,  EXPANDING OR REHABILITATING CERTAIN BUSINESS PROPERTY
TO THE EXTENT THAT A BUSINESS LOCATED IN AN EMPIRE ZONE, WOULD BE ELIGI-
BLE FOR REFUND OR CREDIT OF PAYMENTS OF SUCH TAXES PURSUANT TO  SUBDIVI-
SION  (A) OF SECTION ELEVEN HUNDRED NINETEEN OF THE TAX LAW.  SOLELY FOR
PURPOSES OF COMPUTING BENEFITS PROVIDED PURSUANT TO  THIS  ARTICLE,  AND
ANY  OTHER  PROVISION  OF ANY OTHER LAW TO THE CONTRARY NOTWITHSTANDING,
THE TERM "EMPIRE ZONE" USED IN SUCH SUBDIVISION (A)  OF  SECTION  ELEVEN
HUNDRED  NINETEEN  OF  THE TAX LAW SHALL BE DEEMED TO INCLUDE A CULTURAL
DEVELOPMENT AREA, AND TAXPAYERS ELIGIBLE FOR SUCH REFUND OR CREDIT SHALL
BE LIMITED TO AND SHALL MEAN AND INCLUDE AN ARTS CORPORATION, A CULTURAL
FACILITY PROJECT, OR A PARTNERSHIP IN WHICH THE ARTS  CORPORATION  IS  A
PARTNER, AS DEFINED IN SECTION 6.03 OF THIS ARTICLE.
  7.  GAS  OR  ELECTRIC  RATES. AN ARTS CORPORATION, A CULTURAL FACILITY
PROJECT, OR A PARTNERSHIP OF WHICH AN ARTS CORPORATION IS A PARTNER IN A
CULTURAL DEVELOPMENT AREA SHALL BE ELIGIBLE FOR AVAILABILITY OF  SPECIAL
RATES  GOVERNING  THE PROVISION OF GAS OR ELECTRIC SERVICE TO THE EXTENT
AND FOR THE DURATION THAT A BUSINESS ENTERPRISE WOULD  BE  ELIGIBLE  FOR
EMPIRE  ZONE  RATES  GOVERNING  THE PROVISION OF GAS OR ELECTRIC SERVICE
PURSUANT TO SUBDIVISION TWELVE-C OF  SECTION  SIXTY-SIX  OF  THE  PUBLIC
SERVICE  LAW.  SOLELY  FOR  PURPOSES OF COMPUTING SUCH RATES PURSUANT TO
THIS ARTICLE, AND ANY OTHER PROVISION OF ANY OTHER LAW TO  THE  CONTRARY
NOTWITHSTANDING,  THE  TERM  "EMPIRE  ZONE"  USED  IN  SUCH  SUBDIVISION
TWELVE-C OF SECTION SIXTY-SIX OF THE PUBLIC SERVICE LAW SHALL BE  DEEMED
TO  INCLUDE  A  CULTURAL  DEVELOPMENT AREA, AND ENTERPRISES ELIGIBLE FOR
SUCH RATES SHALL BE LIMITED TO AND SHALL MEAN AND INCLUDE AN ARTS CORPO-
RATION, A CULTURAL FACILITY PROJECT, OR A PARTNERSHIP IN WHICH THE  ARTS
CORPORATION IS A PARTNER, AS DEFINED IN SECTION 6.03 OF THIS ARTICLE.
  8.  CAPITAL CORPORATION. A TAXPAYER MAKING QUALIFIED INVESTMENTS IN OR
CONTRIBUTIONS TO CULTURAL DEVELOPMENT AREA CAPITAL CORPORATIONS SHALL BE
ELIGIBLE FOR CREDITS AGAINST  THE  TAX  IMPOSED  UNDER  ARTICLES  NINE-A
(FRANCHISE TAX), TWENTY-TWO (PERSONAL INCOME TAX), THIRTY-TWO (FRANCHISE
TAX ON BANKING CORPORATIONS) AND THIRTY-THREE (FRANCHISE TAXES ON INSUR-
ANCE  CORPORATIONS) OF THE TAX LAW, TO THE EXTENT THAT A TAXPAYER MAKING
SIMILAR QUALIFIED INVESTMENTS IN OR CONTRIBUTIONS TO EMPIRE ZONE CAPITAL
CORPORATIONS WOULD BE ELIGIBLE FOR SUCH CREDITS PURSUANT TO  SUBDIVISION
TWENTY OF SECTION TWO HUNDRED TEN, SUBSECTION (L) OF SECTION SIX HUNDRED
SIX,  SUBSECTION (D) OF SECTION FOURTEEN HUNDRED FIFTY-SIX, AND SUBDIVI-
SION (H) OF SECTION FIFTEEN HUNDRED ELEVEN OF THE TAX LAW.   SOLELY  FOR
PURPOSES OF COMPUTING SUCH RATES PURSUANT TO THIS ARTICLE, AND ANY OTHER
PROVISION  OF  ANY  OTHER  LAW TO THE CONTRARY NOTWITHSTANDING, THE TERM
"EMPIRE ZONE CAPITAL CORPORATION" USED IN  SUCH  SUBDIVISION  TWENTY  OF
SECTION  TWO  HUNDRED  TEN,  SUBSECTION  (L) OF SECTION SIX HUNDRED SIX,
SUBSECTION (D) OF SECTION FOURTEEN HUNDRED  FIFTY-SIX,  AND  SUBDIVISION
(H)  OF SECTION FIFTEEN HUNDRED ELEVEN OF THE TAX LAW SHALL BE DEEMED TO
MEAN AND INCLUDE A CULTURAL DEVELOPMENT AREA CAPITAL CORPORATION.
  S 6.12. DIVISION OF TAXES BY GOVERNMENTAL  BODIES.  1.  THE  GOVERNING
BOARD  OF ANY CITY, TOWN, VILLAGE OR COUNTY IN WHICH A CULTURAL DEVELOP-
MENT AREA IS LOCATED IS HEREBY AUTHORIZED AND EMPOWERED TO:

A. 3563                            16

  (A) ADOPT A LOCAL LAW PROVIDING THAT ANY TAXES LEVIED BY OR ON  BEHALF
OF SUCH CITY, TOWN, VILLAGE OR COUNTY UPON TAXABLE REAL PROPERTY IN SUCH
AREA SHALL BE DIVIDED BASED ON THE AREA'S ORIGINAL TAXABLE VALUE AND ITS
INCREMENTAL  VALUE  AS  DETERMINED IN SUBDIVISIONS THREE AND SIX OF THIS
SECTION,  PROVIDED  HOWEVER,  THAT  NO CITY, TOWN, VILLAGE OR COUNTY MAY
ADOPT A LOCAL LAW PROVIDING FOR SUCH A DIVISION OF TAXES IF:
  (I) THE ORIGINAL TAXABLE VALUE OF THE AREA INVOLVED EXCEEDS  A  FIGURE
EQUAL  TO  TWENTY  PERCENT  OF  THE TOTAL ASSESSED VALUE OF THAT MUNICI-
PALITY, EXCLUSIVE OF ANY INCREMENTAL VALUES FOR SUCH AREAS; OR
  (II) THE LAND AREA OF THE AREA INVOLVED  EXCEEDS  A  FIGURE  EQUAL  TO
TWENTY PERCENT OF THE TOTAL LAND AREA OF THE MUNICIPALITY.
  (B) ADOPT A LOCAL LAW ESTABLISHING A SPECIAL CULTURAL DEVELOPMENT AREA
TAX  INCREMENT  FUND  AND  PROVIDING FOR THE DEPOSIT OF MONEYS INTO SUCH
FUND PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION.
  2. IN NO EVENT SHALL THE DIVISION OF TAXES PURSUANT TO THIS SECTION BE
CONSTRUED AS RELIEVING PROPERTY OWNERS WITHIN  THE  DESIGNATED  AREA  OF
THEIR  OBLIGATION FOR PAYING THE TAXES, IF ANY, LEVIED UPON THE ASSESSED
VALUE OF THEIR TAXABLE REAL PROPERTY.
  3. AS SOON AS POSSIBLE AFTER ANY LOCAL LEGISLATIVE BODY HAS ADOPTED  A
LOCAL  LAW  AS  PROVIDED FOR IN PARAGRAPH (A) OF SUBDIVISION ONE OF THIS
SECTION, THE ASSESSOR WHO PREPARES THE ASSESSMENT ROLL USED FOR THE LEVY
OF SUCH COUNTY, CITY, TOWN AND VILLAGE TAXES SHALL CERTIFY THE "ORIGINAL
TAXABLE VALUE" OF EACH LOT AND PARCEL OF TAXABLE REAL  PROPERTY  IN  THE
AREA  INVOLVED.  FOR  THE  PURPOSES  OF  THIS SECTION, "ORIGINAL TAXABLE
VALUE" SHALL BE THE ASSESSED VALUE AS OF THE LAST  TAXABLE  STATUS  DATE
BEFORE  THE  DATE ON WHICH A LOCAL LAW AUTHORIZING THE DIVISION OF TAXES
WAS ADOPTED.
  4. WHENEVER ANY PROPERTY IN SUCH AN AREA IS OWNED BY THE  CITY,  TOWN,
VILLAGE  OR COUNTY INVOLVED AND IS LEASED TO ANY PERSON OR PERSONS, SUCH
PROPERTY SHALL BE ASSESSED AND TAXED IN THE  SAME  MANNER  AS  PRIVATELY
OWNED  PROPERTY,  AND  THE  LEASE  OR  CONTRACT  BETWEEN THE CITY, TOWN,
VILLAGE OR COUNTY INVOLVED AND SUCH PERSON OR PERSONS SHALL PROVIDE THAT
THE LESSEE SHALL PAY TAXES UPON THE ASSESSED VALUE OF THE ENTIRE PROPER-
TY AND NOT MERELY UPON THE ASSESSED VALUE OF HIS, HER OR  ITS  LEASEHOLD
INTEREST.
  5.  IN EACH YEAR SUBSEQUENT TO THE DETERMINATION OF THE ORIGINAL TAXA-
BLE VALUE OF EACH LOT AND PARCEL OF TAXABLE REAL  PROPERTY  IN  SUCH  AN
AREA  THE ASSESSOR SHALL COMPUTE AND CERTIFY THE NET AMOUNT BY WHICH THE
TAXABLE VALUE OF ALL SUCH LOTS AND PARCELS HAS INCREASED OR DECREASED IN
COMPARISON WITH THE ORIGINAL TAXABLE VALUE OF ALL SUCH LOTS AND PARCELS.
THE NET AMOUNT OF THE INCREASE  OR  DECREASE  IS  REFERRED  TO  IN  THIS
SECTION AS THE "INCREMENTAL VALUE" OR THE "LOST VALUE" FOR THAT YEAR, AS
THE CASE MAY BE.
  6.  IN  ANY  YEAR  WHEN THERE IS AN INCREMENTAL VALUE, THE TAX LEVYING
BODY SHALL EXTEND THE TAXES OF EACH CITY, TOWN, VILLAGE OR COUNTY, WHICH
HAS ADOPTED A LOCAL LAW PURSUANT TO THIS  SECTION,  AGAINST  THE  INCRE-
MENTAL  VALUE  AS  WELL AS THE ORIGINAL TAXABLE VALUE, AND THE AMOUNT OF
TAXES RECEIVED FROM SUCH EXTENSION  AGAINST  THE  INCREMENTAL  VALUE  IS
REFERRED TO IN THIS SECTION AS THE TAX INCREMENT FOR THAT YEAR.
  7.  THE CITY, TOWN, VILLAGE OR COUNTY OFFICIAL RESPONSIBLE FOR RECEIV-
ING REAL PROPERTY TAX PAYMENTS SHALL SEGREGATE EACH YEAR ALL TAX  INCRE-
MENTS FROM THE DESIGNATED AREA AND TRANSMIT SUCH INCREMENTS TO THE CITY,
TOWN,  VILLAGE  OR  COUNTY  TREASURER WHO SHALL DEPOSIT SUCH MONIES IN A
SPECIAL CULTURAL DEVELOPMENT AREA TAX  INCREMENT  FUND  FROM  WHICH  THE
LOCAL   LEGISLATIVE  BODY  MAY  AUTHORIZE  PAYMENTS  FOR  INFRASTRUCTURE

A. 3563                            17

IMPROVEMENTS AUTHORIZED IN SUCH MUNICIPALITY'S CULTURAL DEVELOPMENT AREA
DEVELOPMENT PLAN FOR THE AREA INVOLVED.
  8.  IN THE EVENT THAT ANY STATE OR LOCAL LAW GOVERNING THE CLASSIFICA-
TION OF REAL PROPERTY AND THEREBY DETERMINING THE PERCENTAGE  OF  MARKET
VALUE  TO  BE  ASSESSED  FOR  REAL PROPERTY TAXATION PURPOSES IS AMENDED
HEREAFTER, THE INCREASE OR  DECREASE  IN  ASSESSED  VALUATION  RESULTING
THEREFROM  SHALL  BE  APPLIED PROPORTIONATELY IN EACH YEAR THEREAFTER TO
THE ORIGINAL TAXABLE VALUE AND INCREMENTAL VALUE OF THE AREA INVOLVED.
  9. THE LOCAL LEGISLATIVE BODY OF THE CITY, TOWN, VILLAGE OR COUNTY  OR
ITS  DESIGNATED  AGENCY  MAY  INVEST  ANY  FUNDS IN THE SPECIAL CULTURAL
DEVELOPMENT AREA TAX INCREMENT FUND NOT REQUIRED FOR IMMEDIATE DISBURSE-
MENT, IN PROPERTY OR SECURITIES IN WHICH PUBLIC BODIES MAY INVEST  FUNDS
SUBJECT TO THEIR CONTROL.
  10.  IN  ANY  YEAR  WHEN THERE IS A LOST VALUE, THE PROVISIONS OF THIS
SECTION SHALL NOT APPLY.
  S 6.13. CULTURAL DEVELOPMENT AREA CAPITAL CORPORATIONS.   1.  NO  MORE
THAN  THREE CULTURAL DEVELOPMENT AREA CAPITAL CORPORATIONS MAY BE ESTAB-
LISHED IN EACH CULTURAL DEVELOPMENT AREA  FOR  THE  PURPOSE  OF  RAISING
FUNDS THROUGH PRIVATE AND PUBLIC GRANTS, DONATIONS OR INVESTMENTS, TO BE
USED IN MAKING INVESTMENTS IN, AND LOANS TO, ENTITIES CERTIFIED PURSUANT
TO THIS ARTICLE. AN AREA CAPITAL CORPORATION MAY SERVE ONE OR MORE AREAS
WITHIN  AN  ECONOMIC  DEVELOPMENT  REGION  OR  AREAS  WITHIN TWO OR MORE
REGIONS. PRIOR TO THE ESTABLISHMENT OF AN AREA CAPITAL CORPORATION,  THE
AREA  BOARD  AND  THE  COMMISSIONER  SHALL  APPROVE THE FORMATION OF THE
PROPOSED AREA CAPITAL CORPORATION, ITS BOARD OF  DIRECTORS  AND  MANAGE-
MENT,  AND  ITS  PROCEDURES FOR MAKING, SERVICING AND MONITORING INVEST-
MENTS. IN NO EVENT, HOWEVER, SHALL  A  CAPITAL  CORPORATION  ACQUIRE  AN
OWNERSHIP  INTEREST  IN  ANY CERTIFIED ENTITY WHICH AMOUNTS TO MORE THAN
TWENTY-FIVE PERCENT OF THE OWNERSHIP INTEREST OF SUCH ENTITY. NO LOAN TO
OR INVESTMENT IN ANY ENTITY SHALL  BE  MADE  BY  A  CAPITAL  CORPORATION
LOCATED  IN AN AREA WITHIN A TOWN WITH A POPULATION OF MORE THAN TWENTY-
FIVE THOUSAND, UNTIL SUCH  CORPORATION  HAS  ACCUMULATED  AT  LEAST  TWO
HUNDRED  THOUSAND DOLLARS IN CAPITAL STOCK. NO LOAN OR INVESTMENT IN ANY
ENTITY SHALL BE MADE BY A CAPITAL CORPORATION LOCATED IN AN AREA  WITHIN
A  TOWN  WITH  A POPULATION OF LESS THAN TWENTY-FIVE THOUSAND UNTIL SUCH
CORPORATION HAS ACCUMULATED AT LEAST ONE  HUNDRED  THOUSAND  DOLLARS  IN
CAPITAL  STOCK.  AN  AREA  CAPITAL  CORPORATION SHALL SUBMIT TO THE AREA
BOARD AN ANNUAL REPORT ON ITS ACTIVITIES.
  2. EACH AREA CAPITAL CORPORATION SHALL ESTABLISH AN INVESTMENT COMMIT-
TEE FOR THE PURPOSE OF EVALUATING  APPLICATIONS  FOR  LOANS  AND  EQUITY
INVESTMENTS.  EACH  COMMITTEE  SHALL BE COMPRISED OF MEMBERS WHO POSSESS
THE REQUISITE BUSINESS AND FINANCIAL  EXPERTISE  NECESSARY  TO  EVALUATE
APPLICATIONS FOR LOANS AND/OR EQUITY INVESTMENTS.
  3.  EACH  AREA CAPITAL CORPORATION SHALL, TO THE MAXIMUM EXTENT FEASI-
BLE, UNDERTAKE MEASURES AND  PROCEDURES  TO  ENSURE  MEANINGFUL  PARTIC-
IPATION  BY  MINORITY-OWNED  AND WOMEN-OWNED BUSINESS ENTERPRISES IN THE
ACTIVITIES AND INVESTMENTS OF SUCH CORPORATION.  EACH  SUCH  CORPORATION
SHALL  ADDITIONALLY,  TO THE MAXIMUM EXTENT FEASIBLE, UNDERTAKE MEASURES
AND PROCEDURES TO ENSURE MEANINGFUL PARTICIPATION BY LOCALLY OWNED BUSI-
NESS ENTERPRISES IN THE ACTIVITIES AND INVESTMENTS OF SUCH CORPORATION.
  4. THE TOTAL AMOUNT OF TAX CREDITS AVAILABLE TO EACH AREA PURSUANT  TO
SUBDIVISION TWENTY OF SECTION TWO HUNDRED TEN, SUBSECTION (1) OF SECTION
SIX  HUNDRED  SIX,  SUBSECTION (D) OF SECTION FOURTEEN HUNDRED FIFTY-SIX
AND SUBDIVISION (H) OF SECTION FIFTEEN HUNDRED ELEVEN OF  THE  TAX  LAW,
SHALL  BE TWO MILLION FIVE HUNDRED THOUSAND DOLLARS, (PROVIDED, HOWEVER,
THAT IN NO EVENT SHALL THE CREDITS AVAILABLE IN  ANY  AREA  EXCEED  FIVE

A. 3563                            18

HUNDRED  THOUSAND DOLLARS IN THE CASE OF QUALIFIED INVESTMENTS IN CERTI-
FIED ARTS CORPORATIONS).
  5. APPORTIONMENT OF CREDITS WITHIN AN AREA BETWEEN CAPITAL INVESTMENTS
IN AND CONTRIBUTIONS TO AREA CAPITAL CORPORATIONS, DIRECT INVESTMENTS IN
CERTIFIED  AREA  BUSINESSES  OR  CONTRIBUTIONS  TO COMMUNITY DEVELOPMENT
PROJECTS WILL BE DETERMINED AND ACCOUNTED FOR BY THE LOCAL AREA ADMINIS-
TRATIVE BOARD IN  CONSULTATION  WITH  THE  AREA  ADMINISTRATIVE  ENTITY,
SUBJECT TO REGULATIONS PROMULGATED BY THE COMMISSIONER. CREDITS NOT USED
BY  AN AREA WITHIN FOUR YEARS OF THEIR APPORTIONMENT MAY, AFTER A PUBLIC
HEARING, BE REALLOCATED PURSUANT  TO  SUCH  REGULATIONS.  CERTIFICATIONS
UNDER  SUBDIVISION  TWENTY OF SECTION TWO HUNDRED TEN, SUBSECTION (1) OF
SECTION SIX HUNDRED SIX, SUBSECTION  (D)  OF  SECTION  FOURTEEN  HUNDRED
FIFTY-SIX  AND  SUBDIVISION (H) OF SECTION FIFTEEN HUNDRED ELEVEN OF THE
TAX LAW SHALL BE CONSISTENT WITH THE PROVISIONS OF THIS SUBDIVISION.
  6. THE COMMISSIONER SHALL PROMULGATE REGULATIONS GOVERNING THE  CRITE-
RIA  OF  ELIGIBILITY  FOR  THE  TAX  CREDITS APPLICABLE TO DIRECT EQUITY
INVESTMENTS IN CERTIFIED AREA ENTITIES AND TO CONTRIBUTIONS TO COMMUNITY
DEVELOPMENT PROJECTS PROVIDED FOR  IN  THIS  SECTION.  SUCH  REGULATIONS
SHALL ESTABLISH REQUIREMENTS INCLUDING, BUT NOT LIMITED TO:
  (A)  A DEMONSTRATION THAT THE INVESTMENT WILL CONTRIBUTE, SIGNIFICANT-
LY, TO AN ACTIVITY HAVING TANGIBLE ECONOMIC BENEFITS, SUCH AS  START-UP,
EXPANSION OR MODERNIZATION OF SUCH AREA ENTITY;
  (B)  A DEMONSTRATION THAT THE INVESTMENT WILL SIGNIFICANTLY CONTRIBUTE
TO DEVELOPMENT, CONTINUATION, PRESERVATION, OR  ENHANCEMENT  OF  ONE  OR
MORE ARTS AND CULTURAL CORPORATIONS;
  (C)  A DEMONSTRATION THAT THE INVESTMENT IS NECESSARY TO THE PRESERVA-
TION OF CULTURAL HERITAGE;
  (D) A DEMONSTRATION THAT THE DIRECT EQUITY  INVESTMENT  WILL  LEAD  TO
DEVELOPMENT  WITHIN  THE AREA OF ADDITIONAL ARTS CORPORATIONS AND ANCIL-
LARY BUSINESSES AND SERVICES, OR THE DEVELOPMENT OF INFRASTRUCTURE  THAT
WILL  STIMULATE THE DEVELOPMENT OF AN ARTS COMMUNITY WITHIN THE CULTURAL
DEVELOPMENT AREA;
  (E) A DEMONSTRATION THAT THE CERTIFIED AREA ENTITY HAS  THE  POTENTIAL
TO CREATE JOBS, MEASURED ON A FULL-TIME EQUIVALENCY BASIS; AND
  (F)  A DEMONSTRATION THAT THE DIRECT EQUITY INVESTMENT IS NECESSARY TO
INCREASE THE AMOUNT OF CAPITAL AVAILABLE TO THE CERTIFIED  AREA  ENTITY,
PROVIDED,  HOWEVER, THAT SUCH INVESTMENT IS NOT INTENDED NOR SHALL IT BE
USED TO REFINANCE EXISTING DEBT OR REPLACE EXISTING EQUITY IN SUCH  AREA
BUSINESS.
  7.  IN ADDITION TO THE DUTIES SET FORTH ELSEWHERE IN THIS ARTICLE, THE
AREA ADMINISTRATIVE BOARD SHALL, CONSISTENT WITH THE REGULATIONS PROMUL-
GATED BY THE COMMISSIONER, DETERMINE THE ELIGIBILITY  OF  DIRECT  EQUITY
INVESTMENTS  IN  CERTIFIED  AREA ENTITIES AND CONTRIBUTIONS TO COMMUNITY
CULTURAL DEVELOPMENT PROJECTS FOR THE  TAX  CREDITS  AVAILABLE  TO  SUCH
AREA.  SUCH  DETERMINATION  BY  THE  AREA  ADMINISTRATIVE BOARD SHALL BE
SUBJECT TO REVIEW BY THE COMMISSIONER IN  HIS  OR  HER  DISCRETION.  THE
COMMISSIONER,  UPON  REVIEW OF AN AREA BOARD DETERMINATION MADE PURSUANT
TO THIS SUBDIVISION, SHALL ACCEPT OR REJECT SUCH DETERMINATION AS MAY BE
DEEMED APPROPRIATE.
  S 6.14. APPROVAL OF CULTURAL DEVELOPMENT AREAS.   1. THE  COMMISSIONER
SHALL  APPROVE THE DESIGNATION OF A CULTURAL DEVELOPMENT AREA IN WRITING
WITHIN NINETY DAYS OF SUBMISSION TO HIM OR HER BY THE  LOCAL  GOVERNMENT
FOR SUCH APPROVAL IF HE OR SHE SHALL FIND THAT THE AREA MEETS THE CRITE-
RIA ESTABLISHED BY THIS ARTICLE FOR SUCH DESIGNATION. IF THE COMMISSION-
ER SHALL FIND THAT THE APPLICATION DOES NOT MEET THE CRITERIA, HE OR SHE
SHALL  RESPOND TO THE APPLICANT IN WRITING WITHIN SUCH NINETY DAY PERIOD

A. 3563                            19

STATING THE REASONS THE APPLICATION DOES NOT MEET THE  CRITERIA  AND  IS
NOT  APPROVED.  THE  COMMISSIONER SHALL REFER AN APPLICATION THAT IS NOT
APPROVED TO THE NEW YORK STATE ARTS AND CULTURAL DEVELOPMENT AREAS ADVI-
SORY  COUNCIL  WHICH  SHALL AID THE APPLICANT IN RECTIFYING THE APPLICA-
TION. AN APPLICATION WHICH IS NOT APPROVED MAY  BE  RESUBMITTED  AT  ANY
TIME.
  2. A LOCAL GOVERNMENT SHALL SUBMIT WRITTEN DOCUMENTATION IN A FORM AND
MANNER  PRESCRIBED BY THE COMMISSIONER BY REGULATIONS PROMULGATED BY THE
COMMISSIONER SHOWING THAT IT HAS MET SUCH CRITERIA. THE CHIEF  EXECUTIVE
OF  THE  LOCAL  GOVERNMENT  SHALL  ENSURE THAT THE INFORMATION CONTAINED
THEREIN, TO THE MAXIMUM EXTENT POSSIBLE, IS ACCURATE AND COMPLETE.  EACH
SUCH APPLICATION SHALL INCLUDE THE CDA PLAN AND ADDITIONALLY SHALL:
  (A)  INCLUDE EVIDENCE OF THE ADOPTION OF A CDA DEVELOPMENT PLAN BY THE
LOCAL GOVERNING BODY OF THE AREA IN WHICH THE CDA IS TO BE LOCATED;
  (B) IDENTIFY THE LOCAL CULTURAL DEVELOPMENT AREA CERTIFICATION OFFICER
AND LOCAL CULTURAL DEVELOPMENT AREA ADMINISTRATIVE BOARD;
  (C) INCLUDE A MAP OF THE AREA COMPRISING THE PROPOSED CULTURAL  DEVEL-
OPMENT AREA SHOWING EXISTING STREETS, HIGHWAYS, WATERWAYS, NATURAL BOUN-
DARIES AND OTHER PHYSICAL FEATURES;
  (D)  INCLUDE  EVIDENCE  THAT  THE APPLICANT HAS, TO THE MAXIMUM EXTENT
FEASIBLE, SOLICITED  AND  CONSIDERED  THE  VIEWS  OF  RESIDENTS  OF  THE
PROPOSED  CDA  AND  THE  LOCAL  GOVERNMENTAL  AND  PRIVATE ORGANIZATIONS
REPRESENTING SUCH RESIDENTS;
  (E) INCLUDE A STATEMENT FROM THE PRIVATE  INDUSTRY  COUNCIL  GOVERNING
BOARD  OF  THE  SERVICE DELIVERY AREA ESTABLISHED UNDER THE JOB TRAINING
PARTNERSHIP ACT (P.L. 97-300, AS AMENDED) THAT ENCOMPASSES THE  PROPOSED
CDA  SETTING FORTH THE ASSISTANCE TO BE PROVIDED AND THE RESOURCES TO BE
ALLOCATED FOR THE TRAINING OF RESIDENTS IN THE AREA AND THE OPERATION OF
JOB TRAINING PROGRAMS;
  (F) INCLUDE A STATEMENT  FROM  THE  INDUSTRIAL  DEVELOPMENT  AUTHORITY
SERVING THE MUNICIPALITY IN WHICH THE AREA IS LOCATED AND FROM ANY OTHER
DEVELOPMENT  FINANCE  ENTITY SUPPORTED BY PUBLIC MONEY SETTING FORTH THE
ASSISTANCE TO BE PROVIDED AND THE RESOURCES TO BE ALLOCATED TO  DEVELOP-
MENT ACTIVITIES IN THE AREA;
  (G)  SPECIFY  GOALS AND OBJECTIVES, BOTH SHORT TERM AND LONG TERM, FOR
THE ECONOMIC REVITALIZATION OF THE PROPOSED AREA;
  (H) INCLUDE A DESCRIPTION OF PLANS AND STRATEGIES  FOR  PROVIDING  AND
IMPROVING  HUMAN  RESOURCE DEVELOPMENT SERVICES TO RESIDENTS OF THE AREA
COMPRISING THE PROPOSED AREA AND TO EMPLOYEES OF BUSINESSES WITHIN  SAID
AREA,  AND  THE  METHODS BY WHICH PERFORMANCE IN IMPLEMENTING SAID PLANS
AND STRATEGIES WILL BE EVALUATED;
  (I) IDENTIFY FINANCIAL COMMITMENTS THE LOCAL GOVERNMENT WILL  MAKE  TO
THE AREA FOR ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, MARKETING OF THE
AREA  FOR  DEVELOPMENT,  HUMAN  RESOURCE SERVICES FOR AREA RESIDENTS AND
ENTITIES, AND SERVICES FOR SMALL  AND  MINORITY  AND  WOMEN-OWNED  BUSI-
NESSES;
  (J)  IDENTIFY  PUBLICLY  CONTROLLED  AND  OTHER  DEVELOPABLE LANDS AND
BUILDINGS WITHIN THE PROPOSED AREA WHICH ARE OR COULD BE MADE  AVAILABLE
FOR DEVELOPMENT; AND
  (K)  PROVIDE DOCUMENTATION CONCERNING THE LEVEL OF LOCAL PARTICIPATION
INCLUDING, BUT NOT LIMITED TO, LOCAL TAX INCENTIVES AND THE PROVISION OF
LOCAL SERVICES.
  S 6.15. LOCAL ADMINISTRATION OF CULTURAL DEVELOPMENT AREAS.    1.  THE
LOCAL CULTURAL DEVELOPMENT AREA CERTIFICATION OFFICER SHALL NOT SERVE ON
THE  LOCAL  CULTURAL  DEVELOPMENT  AREA  ADMINISTRATIVE BOARD AND SHALL,
PURSUANT TO REGULATIONS PROMULGATED BY THE COMMISSIONER PURSUANT TO THIS

A. 3563                            20

ARTICLE, JOINTLY CERTIFY TOGETHER WITH  THE  COMMISSIONER  AND,  IF  THE
ENTITY  IS  AN  ARTS CORPORATION, WITH THE CHAIRPERSON OF THE COUNCIL ON
THE ARTS, THOSE ENTITIES ELIGIBLE TO RECEIVE BENEFITS PURSUANT  TO  THIS
ARTICLE; PROVIDED, HOWEVER, THAT SUCH CERTIFICATION SHALL BE GOVERNED BY
CRITERIA INCLUDING, BUT NOT LIMITED TO,
  (A)  WHETHER  THE ENTITY, IF CERTIFIED, IS REASONABLY LIKELY TO CREATE
NEW EMPLOYMENT OR PREVENT A LOSS OF EMPLOYMENT IN THE AREA;
  (B) WHETHER SUCH NEW EMPLOYMENT OPPORTUNITIES WILL BE FOR  INDIVIDUALS
WHO  WILL  PERFORM  A SUBSTANTIAL PART OF THEIR EMPLOYMENT ACTIVITIES IN
THE AREA;
  (C) WHETHER CERTIFICATION WILL HAVE THE UNDESIRED  EFFECT  OF  CAUSING
INDIVIDUALS  TO TRANSFER FROM EXISTING EMPLOYMENT WITH ANOTHER ENTITY TO
SIMILAR EMPLOYMENT WITH THE ENTITY SO CERTIFIED, AND TRANSFERRING EXIST-
ING EMPLOYMENT FROM ONE OR MORE OTHER MUNICIPALITIES, TOWNS OR  VILLAGES
IN THE STATE, OR TRANSFERRING EXISTING EMPLOYMENT FROM ONE OR MORE OTHER
BUSINESSES IN THE AREA, PROVIDED THAT THIS CRITERIA SHALL NOT BE APPLIED
TO ARTS CORPORATIONS;
  (D)  WHETHER  SUCH  ENTERPRISE  IS  LIKELY  TO ENHANCE THE ECONOMIC OR
CULTURAL CLIMATE OF THE AREA;
  (E) WHETHER SUCH ENTERPRISE, DURING  THE  THREE  YEARS  PRECEDING  THE
SUBMISSION  OF  AN  APPLICATION  FOR  CERTIFICATION,  HAS  ENGAGED  IN A
SUBSTANTIAL VIOLATION OR A PATTERN  OF  VIOLATIONS  OF  LAWS  REGULATING
UNEMPLOYMENT INSURANCE, WORKERS' COMPENSATION, PUBLIC WORK, CHILD LABOR,
EMPLOYMENT OF MINORITIES AND WOMEN, SAFETY AND HEALTH, OR OTHER LAWS FOR
THE  PROTECTION OF WORKERS AS DETERMINED BY FINAL JUDGMENT OF A JUDICIAL
OR ADMINISTRATIVE PROCEEDING;
  (F) WHETHER SUCH CERTIFICATION IS NECESSARY TO PRESERVE THE  START-UP,
MAINTENANCE, CONTINUATION, EXPANSION, OR FURTHER DEVELOPMENT OF AN ENTI-
TY THAT IS AN ARTS CORPORATION OR CULTURAL FACILITY, OR IS NECESSARY FOR
CULTURAL PRESERVATION OR EXPANSION OF EDUCATIONAL OPPORTUNITIES.
  2.  ANY  ENTITY  THAT APPLIES FOR ANY TAX, UTILITY RATE, OR MANAGEMENT
ASSISTANCE BENEFITS PROVIDED BY THIS ARTICLE SHALL PROVIDE  NINETY  DAYS
WRITTEN  NOTICE TO THE COMMISSIONER, THE LOCAL CULTURAL DEVELOPMENT AREA
CERTIFICATION OFFICER, THE LOCAL CULTURAL DEVELOPMENT  AREA  ADMINISTRA-
TIVE  BOARD  AND THE EMPLOYEES OF SUCH BUSINESS ENTERPRISE OF ANY INTENT
TO CLOSE OR PARTIALLY CLOSE A FACILITY WITHIN THE  CULTURAL  DEVELOPMENT
AREA.  FOR  THE  PURPOSES OF THIS SECTION, "CLOSING" MEANS THE PERMANENT
TERMINATION OF EMPLOYMENT AT A BUSINESS FACILITY, AND "PARTIAL  CLOSING"
MEANS  THE  PERMANENT  TERMINATION  OF  A PORTION OF THE EMPLOYMENT AT A
BUSINESS FACILITY THAT WILL EITHER IMMEDIATELY REDUCE THE WORK FORCE  BY
AT LEAST FIFTY EMPLOYEES OR WILL REDUCE THE WORK FORCE BY AT LEAST FIFTY
PERCENT OVER A ONE-YEAR PERIOD.
  3.  AN  ARTS  CORPORATION, A CULTURAL FACILITY, OR SERVICE MEETING THE
REQUIREMENTS ESTABLISHED IN THIS SECTION SHALL BE CERTIFIED,  AND  SHALL
BE  ELIGIBLE FOR THE BENEFITS PROVIDED FOR IN THIS ARTICLE TO THE EXTENT
PROVIDED HEREIN.
  4. THE LOCAL CULTURAL DEVELOPMENT AREA ADMINISTRATIVE BOARD SHALL:
  (A) DEVELOP SHORT-TERM GOALS FOR AREA ACTIVITIES ON AN ANNUAL BASIS;
  (B) PREPARE, OR CAUSE TO BE PREPARED,  AN  ANNUAL  REPORT  AND  SUBMIT
COPIES  TO  THE  DEPARTMENT OF AUDIT AND CONTROL, DEPARTMENT OF TAXATION
AND FINANCE, THE CHAIRPERSON OF THE COUNCIL ON THE ARTS,  THE  TEMPORARY
PRESIDENT  OF  THE SENATE, THE SPEAKER OF THE ASSEMBLY AND DEPARTMENT OF
ECONOMIC DEVELOPMENT ON OR BEFORE THE FIRST DAY OF JULY NEXT  SUCCEEDING
THE  YEAR  TO  WHICH THE REPORT PERTAINS, REGARDING CULTURAL DEVELOPMENT
AREA ACTIVITIES, INCLUDING INFORMATION WHICH WOULD ALLOW FOR SUBSTANTIVE
REVIEW OF THE AREA'S STRATEGIES AND PROGRESS OF THE AREA IN MEETING  ITS

A. 3563                            21

SHORT-TERM  OBJECTIVES, AND AN ANALYSIS OF THE EXTENT TO WHICH THE LONG-
TERM GOALS SET FORTH IN THE CULTURAL DEVELOPMENT AREA PLAN AND  APPLICA-
TION  HAVE  BEEN  MET.  THE AREA ADMINISTRATIVE ENTITIES AND OTHER LOCAL
OFFICIALS  AND  AGENCIES SHALL FULLY COOPERATE WITH THE AREA ADMINISTRA-
TIVE BOARD IN THE ANNUAL PERFORMANCE REVIEW AND IN THE BOARD'S  PERFORM-
ANCE OF ITS OTHER DUTIES. LOCAL OFFICIALS, STATE AGENCIES, AND CERTIFIED
ENTITIES  SHALL PROVIDE INFORMATION REQUESTED BY THE AREA ADMINISTRATIVE
BOARD WHICH IS NECESSARY FOR  SUCH  REVIEW.    SUCH  REPORT  SHALL  ALSO
INCLUDE  A CURRENT DESCRIPTION OF THE SPECIFIC STRATEGIES AND PRIORITIES
FOR ECONOMIC REVITALIZATION OF THE AREA, INCLUDING, BUT NOT LIMITED TO:
  (I) THE NUMBER OF JOBS CREATED;
  (II) THE NUMBER OF JOBS RETAINED;
  (III) THE AMOUNT OF PRIVATE CAPITAL LEVERAGED WITH PUBLIC FUNDS;
  (IV) THE NUMBER OF BUSINESSES EXPANDED OR RETAINED AND NEW  BUSINESSES
CREATED, AND THE TYPE OF BUSINESSES EXPANDED, RETAINED OR CREATED;
  (V) THE IMPROVEMENTS IN THE PHYSICAL INFRASTRUCTURE OF THE AREA;
  (VI) THE CULTURAL HERITAGE IMPROVED, ADDED TO, OR PRESERVED.
  THE  COMMISSIONER  SHALL PROMULGATE RULES AND REGULATIONS TO SET FORTH
STANDARDS TO BE USED TO MEASURE PERFORMANCE  AGAINST  OBJECTIVES  ON  AN
ANNUAL  BASIS IN ORDER TO FACILITATE THE REQUIREMENTS OF THIS PARAGRAPH,
AND SHALL REQUIRE THAT FOR PURPOSES OF THE REPORT,  ALL  JOBS  SHALL  BE
MEASURED ON A FULL-TIME EQUIVALENCY BASIS;
  (C)  UNDERTAKE EFFORTS TO ENSURE MEANINGFUL PARTICIPATION BY MINORITY-
OWNED AND WOMEN-OWNED BUSINESS ENTERPRISES IN CULTURAL DEVELOPMENT  AREA
ACTIVITIES;
  (D)  ENTER INTO AGREEMENTS WITH THE COMMISSIONERS OF ECONOMIC DEVELOP-
MENT, LABOR, AND SOCIAL SERVICES, LOCAL DEPARTMENTS OF SOCIAL  SERVICES,
AND  LOCAL EDUCATION AGENCIES AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION
ONE OF SECTION THREE THOUSAND THIRTY-TWO OF  THE  EDUCATION  LAW,  LOCAL
COMMUNITY-BASED  ORGANIZATIONS,  PRIVATE  EMPLOYERS,  LABOR  UNIONS, THE
ADMINISTRATIVE ENTITY AND  PRIVATE  INDUSTRY  COUNCIL  FOR  THE  SERVICE
DELIVERY  AREA  ESTABLISHED UNDER THE JOB TRAINING PARTNERSHIP ACT (P.L.
97-300, AS AMENDED) THAT INCLUDES THE CULTURAL DEVELOPMENT AREA, AND ANY
OTHER PERSON OR STATE OR FEDERAL AGENCY FOR THE PURPOSE OF ESTABLISHING,
IMPLEMENTING AND COORDINATING JOB  TRAINING  PROGRAMS  FOR  WORKERS  AND
BUSINESSES  TO  BE  LOCATED  IN  A  CULTURAL DEVELOPMENT AREA; PROVIDED,
HOWEVER, THAT:
  (I) ANY AGREEMENT TO ESTABLISH A JOB TRAINING PROGRAM DESIGNED TO MEET
THE SPECIFIC NEEDS OF AN EMPLOYER SHALL REQUIRE SUCH EMPLOYER TO  RETAIN
IN ITS EMPLOY FOR NOT LESS THAN SIX MONTHS AN EMPLOYEE WHO HAS SATISFAC-
TORILY  COMPLETED  A  COURSE  OF  TRAINING  FOR A PARTICULAR JOB OPENING
UNLESS SUCH EMPLOYEE VOLUNTARILY LEAVES SUCH EMPLOYMENT OR IS DISCHARGED
FOR MISCONDUCT OR OTHER GOOD CAUSE, SUCH EMPLOYMENT TO BE MEASURED ON  A
FULL-TIME EQUIVALENCY BASIS; AND
  (II)  ANY  JOB  TRAINING  PROGRAM ESTABLISHED PURSUANT TO THIS SECTION
SHALL MAKE USE OF THE COMMUNITY SERVICE DIVISION OF THE LABOR DEPARTMENT
AS WELL AS OTHER SOURCES FOR THE PURPOSE OF RECRUITMENT;
  (E) IN COOPERATION WITH LOCAL SOCIAL SERVICES OFFICIALS,  ESTABLISH  A
JOB TRAINING OPPORTUNITIES PROGRAM SPONSORED BY PRIVATE EMPLOYERS;
  (F) ENTER INTO AGREEMENTS WITH LOCAL DEPARTMENTS OF SOCIAL SERVICES OR
COMMUNITY-BASED  ORGANIZATIONS  TO FACILITATE THE PROVISION OF ANCILLARY
OR ENHANCED SOCIAL SERVICES, INCLUDING LICENSED AND CERTIFIED CHILD  DAY
CARE, IN ANY SUCH AREA;
  (G)  ENSURE THAT JOB TRAINING PROGRAMS MEET STANDARDS OF INSTRUCTIONAL
QUALITY ESTABLISHED IN REGULATIONS PROMULGATED BY  THE  COMMISSIONER  OF
EDUCATION;

A. 3563                            22

  (H)  ORGANIZE  OR  USE  AN EXISTING HUMAN RESOURCE DEVELOPMENT NETWORK
WITHIN THE AREA, INCLUDING  A  COMMITTEE  OF  REPRESENTATIVES  OF  HUMAN
RESOURCE  AGENCIES  AND  ORGANIZATIONS SERVING THE AREA, ORGANIZED LABOR
AND BUSINESS REPRESENTATIVES, TO DEVELOP STRATEGIES AND  ACTIVITIES  FOR
IMPROVING  THE  COORDINATION AND DELIVERY OF HUMAN SERVICES TO RESIDENTS
OF THE AREA AND AREA BUSINESSES;
  (I) PREPARE AND IMPLEMENT A SMALL BUSINESS DEVELOPMENT AND  ASSISTANCE
PLAN;
  (J)  IN  CONJUNCTION  WITH  AREA  ADMINISTRATIVE ENTITIES, DEVELOP AND
IMPLEMENT A SYSTEM FOR CONTINUOUS  MONITORING  AND  EVALUATION  OF  AREA
PERFORMANCE  AT THE LOCAL LEVEL CONSISTENT WITH THE GUIDELINES SET FORTH
IN THIS ARTICLE;
  (K) PROVIDE WITHIN THE AREA, OR CONTRACT WITH A NEW OR EXISTING COMMU-
NITY-BASED LOCAL DEVELOPMENT CORPORATION OR ENTITY TO PROVIDE, STRATEGIC
ECONOMIC DEVELOPMENT PLANNING FOR THE AREA, MARKETING AND  PROMOTION  OF
THE  AREA,  ASSISTANCE  TO  ENTITIES IN APPLYING FOR AVAILABLE BENEFITS,
PREPARATION OF APPLICATIONS FOR FINANCING ASSISTANCE AND OTHER TECHNICAL
ASSISTANCE SERVICES; COORDINATION OF THE DELIVERY  OF  STATE  AND  LOCAL
PROGRAMS WITHIN THE AREAS; AND OPERATION OF SUCH OTHER ECONOMIC DEVELOP-
MENT ASSISTANCE PROGRAMS IN FURTHERANCE OF THE CULTURAL DEVELOPMENT AREA
PLAN  AS MAY BE APPROPRIATE. PROVIDED, HOWEVER, WITHIN THE AMOUNT APPRO-
PRIATED THEREFOR AND ALLOCATED  BY  THE  DIRECTOR  OF  THE  BUDGET,  THE
COMMISSIONER,  THROUGH  ANNUAL  ADMINISTRATIVE  CONTRACTS, SHALL, TO THE
MAXIMUM EXTENT  FEASIBLE,  MAKE  EQUALLY  AVAILABLE  FINANCIAL  SUPPORT,
THROUGH  CONTRACTS  OR  OTHER  MEANS,  TO ASSIST WITH THE ADMINISTRATIVE
EXPENSES OF THE LOCAL  AREA  ADMINISTRATIVE  BODIES  OR  COMMUNITY-BASED
DEVELOPMENT  ORGANIZATIONS.  NO  FUNDS  SHALL BE MADE AVAILABLE FOR THIS
PURPOSE UNLESS THE AMOUNT TO BE PROVIDED HAS BEEN MATCHED BY PRIVATE  OR
GOVERNMENTAL  SOURCES,  OTHER  THAN  STATE  SOURCES, IN AMOUNTS AT LEAST
EQUALING THAT TO BE PROVIDED BY THE STATE. SUCH MATCHING FUNDS SHALL  BE
EARMARKED  AND USED EXCLUSIVELY FOR THE LOCAL ADMINISTRATION OF THE AREA
PROGRAM OR FOR ACTIVITIES OF THE AREA PROGRAM. AT LEAST FIFTY PERCENT OF
SUCH MATCHING FUNDS SHALL BE IN CASH, PROVIDED THAT THE COMMISSIONER MAY
WAIVE THIS REQUIREMENT FOR COMMUNITIES WITH POPULATIONS  OF  TWENTY-FIVE
THOUSAND  OR  LESS, AND PROVIDED, FURTHER, THAT ANY AMOUNTS APPROPRIATED
FOR MINORITY AND WOMEN-OWNED BUSINESS DEVELOPMENT WITHIN THE AREAS SHALL
BE DISTRIBUTED BY THE COMMISSIONER PURSUANT TO  A  COMPETITIVE  PROPOSAL
SOLICITATION PROCESS.
  (L)  THE ANNUAL REPORT OF THE LOCAL CULTURAL DEVELOPMENT AREA ADMINIS-
TRATIVE BOARD REQUIRED BY THIS SECTION SHALL, SUBJECT TO PRIVACY LIMITA-
TIONS, INCLUDE, BUT NOT BE LIMITED TO A COMPLETE LIST  OF  ALL  PROPERTY
WITHIN THE AREA, IF ANY, GRANTED AN EXEMPTION UNDER SECTION FOUR HUNDRED
EIGHTY-FIVE-E  OF  THE REAL PROPERTY TAX LAW, TOGETHER WITH THE ASSESSED
VALUE THEREOF AND THE AMOUNT  OF  SUCH  EXEMPTION,  FOR  EACH  MUNICIPAL
CORPORATION  WHICH  GRANTED  SUCH  EXEMPTION.   SUCH LIST SHALL ALSO SET
FORTH FOR EACH MUNICIPAL CORPORATION GRANTING SUCH EXEMPTION:
  (1) THE TAX RATE FOR THE YEAR TO WHICH THE REPORT PERTAINS;
  (2) THE AMOUNT OF REAL PROPERTY TAX THAT WOULD HAVE BEEN PAID  IN  THE
AGGREGATE  BY  THE  OWNERS  OF  REAL PROPERTY GRANTED AN EXEMPTION UNDER
SECTION FOUR HUNDRED EIGHTY-FIVE-E OF THE REAL PROPERTY TAX LAW  IF  THE
PROPERTY WAS FULLY TAXABLE AT THAT RATE;
  (3) THE AMOUNT OF TAX ACTUALLY PAID IN THE AGGREGATE BY SUCH OWNERS;
  (4) THE TOTAL INCREMENTAL VALUE, IF ANY, AS DEFINED IN SUBDIVISION (E)
OF  SECTION  NINE  HUNDRED  SIXTY-SEVEN OF THE GENERAL MUNICIPAL LAW, OF
TAXABLE REAL PROPERTY IN EACH CITY, TOWN, VILLAGE OR COUNTY  WITHIN  THE

A. 3563                            23

CULTURAL  DEVELOPMENT AREA, TOGETHER WITH THE TOTAL AMOUNT OF TAX INCRE-
MENTS WHICH ARE SEGREGATED PURSUANT TO SUBDIVISION (G) OF SUCH SECTION;
  (5)  THE  TOTAL  DOLLAR VALUE OF THE REFUND OR CREDIT OF TAXES IMPOSED
PURSUANT TO THE AUTHORITY OF ARTICLE  TWENTY-NINE  OF  THE  TAX  LAW  ON
RECEIPTS  FROM  THE  SALE  OF  CERTAIN  MATERIALS  USED IN CONSTRUCTING,
EXPANDING OR REHABILITATING CERTAIN BUSINESS  PROPERTY  LOCATED  IN  THE
CULTURAL DEVELOPMENT AREA AS AUTHORIZED BY CLAUSE SIX OF SUBDIVISION (A)
OF SECTION ELEVEN HUNDRED NINETEEN OF THE TAX LAW;
  (6)  THE  TOTAL  DOLLAR VALUE OF THE REFUND OR CREDIT OF TAXES IMPOSED
UNDER ARTICLE TWENTY-EIGHT OF THE TAX LAW ON RECEIPTS FROM THE  SALE  OF
MATERIALS  USED  IN  CONSTRUCTING,  EXPANDING  OR REHABILITATING CERTAIN
BUSINESS PROPERTY LOCATED IN THE CULTURAL DEVELOPMENT AREA,  AS  AUTHOR-
IZED BY CLAUSE SIX OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED NINETEEN
OF THE TAX LAW;
  (7) THE NUMBER OF TAXPAYERS CLAIMING EACH OF THE FOLLOWING TAX CREDITS
OR  REFUNDS,  TOGETHER  WITH  THE TOTAL AMOUNT OF EACH CREDIT CLAIMED BY
TAXPAYERS IN THE AGGREGATE AGAINST THEIR TAXES IN THE YEAR TO WHICH  THE
REPORT PERTAINS, RESULTING FROM TAXPAYER ACTIVITY IN THE CULTURAL DEVEL-
OPMENT  AREA OR INVESTMENTS MADE BY TAXPAYERS IN THE CAPITAL CORPORATION
ESTABLISHED FOR THAT CULTURAL DEVELOPMENT AREA:
  (A) CREDITS AGAINST THE TAX IMPOSED UNDER ARTICLE NINE-A  OF  THE  TAX
LAW,  BASED  ON  INVESTMENTS  IN CERTAIN ELIGIBLE PROPERTY IN A CULTURAL
DEVELOPMENT AREA, AS AUTHORIZED BY SUBDIVISIONS TWELVE-B AND TWELVE-C OF
SECTION TWO HUNDRED TEN OF THE TAX LAW;
  (B) CREDITS AGAINST THE TAX IMPOSED UNDER ARTICLE  TWENTY-TWO  OF  THE
TAX  LAW,  BASED  ON  INVESTMENTS  IN  CERTAIN  ELIGIBLE PROPERTY IN THE
CULTURAL DEVELOPMENT AREA, AS AUTHORIZED BY SUBSECTION  (J)  OF  SECTION
SIX HUNDRED SIX OF THE TAX LAW;
  (C)  CREDITS  AGAINST TAXES IMPOSED UNDER ARTICLES NINE-A, TWENTY-TWO,
THIRTY-TWO AND THIRTY-THREE OF THE TAX  LAW,  BASED  ON  WAGES  PAID  TO
CERTAIN  EMPLOYEES EMPLOYED BY A BUSINESS LOCATED IN A CULTURAL DEVELOP-
MENT AREA, AS AUTHORIZED BY SUBDIVISION NINETEEN OF SECTION TWO  HUNDRED
TEN,  SUBSECTION  (K)  OF  SECTION  SIX  HUNDRED  SIX, SUBSECTION (E) OF
SECTION FOURTEEN  HUNDRED  FIFTY-SIX  AND  SUBDIVISION  (G)  OF  SECTION
FIFTEEN HUNDRED ELEVEN, RESPECTIVELY, OF THE TAX LAW;
  (D)  CREDITS  AGAINST THE TAX LAW IMPOSED UNDER ARTICLES NINE-A, TWEN-
TY-TWO, THIRTY-TWO AND THIRTY-THREE OF THE TAX LAW, BASED ON INVESTMENTS
IN THE STOCK OF A CULTURAL  DEVELOPMENT  AREA  CAPITAL  CORPORATION,  AS
AUTHORIZED  BY SUBDIVISION TWENTY OF SECTION TWO HUNDRED TEN, SUBSECTION
(1) OF SECTION SIX HUNDRED  SIX,  SUBSECTION  (D)  OF  SECTION  FOURTEEN
HUNDRED FIFTY-SIX, AND SUBDIVISION (H) OF SECTION FIFTEEN HUNDRED ELEVEN
OF THE TAX LAW;
  (E)  THE  TOTAL  AMOUNT  OF  REDUCTIONS IN UTILITY COSTS OF NON-RETAIL
BUSINESS CUSTOMERS IN THE CULTURAL DEVELOPMENT AREA,  AS  AUTHORIZED  BY
SUBDIVISION EIGHT OF SECTION ONE HUNDRED EIGHTY-SIX-A OF THE TAX LAW;
  (F)  A STATEMENT SUMMARIZING ALL AMOUNTS RECEIVED AS, AND EXPENDITURES
MADE FROM, FINANCIAL SUPPORT FOR  ADMINISTRATIVE  EXPENSES  PURSUANT  TO
THIS SECTION; AND
  (G)  ANY  OTHER INFORMATION REGARDING CULTURAL DEVELOPMENT AREA ACTIV-
ITIES WHICH THE DEPARTMENT MAY REQUIRE UPON ITS OWN REQUEST OR  THAT  OF
THE DEPARTMENT OF AUDIT AND CONTROL, DEPARTMENT OF TAXATION AND FINANCE,
OR THE COUNCIL ON THE ARTS.
  (8)  IN  ADDITION TO THE INFORMATION REQUIRED HEREINABOVE, SUCH REPORT
SHALL ALSO SET FORTH, WITH RESPECT  TO  ALL  PREVIOUS  YEARS  FOR  WHICH
REPORTS  WERE  ISSUED,  A CUMULATIVE SUMMARY OF THE TOTAL AMOUNT OF REAL
PROPERTY TAXES THAT WOULD HAVE BEEN RECEIVED BY  EACH  MUNICIPAL  CORPO-

A. 3563                            24

RATION  WITHIN  THE AREA IF THE REAL PROPERTY GRANTED AN EXEMPTION UNDER
SECTION FOUR HUNDRED EIGHTY-FIVE-E OF THE REAL PROPERTY TAX LAW HAD BEEN
FULLY TAXED AT THE TAX RATE FOR THE APPROPRIATE YEAR, THE  TOTAL  AMOUNT
OF  TAX  INCREMENTS  SEGREGATED  FOR INFRASTRUCTURE IMPROVEMENTS BY EACH
CITY, TOWN, VILLAGE OR COUNTY WITHIN THE AREA, THE TOTAL AMOUNT OF  EACH
OF  THE  CREDITS OR REFUNDS SET FORTH IN THIS SUBDIVISION FOR ACTIVITIES
OR INVESTMENTS WITHIN THE AREA,  AND  THE  TOTAL  AMOUNTS  RECEIVED  AND
EXPENDITURES MADE FROM ANY FINANCIAL SUPPORT PURSUANT TO THIS SECTION.
  (9)  AT THE REQUEST OF ANY LOCAL CULTURAL DEVELOPMENT AREA ADMINISTRA-
TIVE BOARD, THE DEPARTMENT OF TAXATION AND FINANCE,  THE  DEPARTMENT  OF
ECONOMIC  DEVELOPMENT,  THE  PUBLIC SERVICE COMMISSION AND ANY MUNICIPAL
CORPORATION WITHIN THE CULTURAL DEVELOPMENT AREA SHALL,  TO  THE  EXTENT
THAT  IT  POSSESSES ANY OF THE INFORMATION REQUIRED BY THIS SECTION, AND
TO THE EXTENT THAT SUCH INFORMATION CAN BE DISCLOSED  WITHOUT  VIOLATING
THE  SECRECY  PROVISIONS  CONTAINED  IN  SECTIONS  TWO  HUNDRED TWO, TWO
HUNDRED ELEVEN, SIX  HUNDRED  NINETY-SEVEN,  ELEVEN  HUNDRED  FORTY-SIX,
TWELVE  HUNDRED  FIFTY, FOURTEEN HUNDRED SIXTY-SEVEN AND FIFTEEN HUNDRED
EIGHTEEN OF THE TAX LAW, PROVIDE THAT INFORMATION TO THE LOCAL  CULTURAL
DEVELOPMENT  AREA  ADMINISTRATIVE  BOARD  FOR  INCLUSION  IN  ITS ANNUAL
REPORT. THE AMOUNT OF ANY REAL PROPERTY TAXES REQUIRED TO BE  SET  FORTH
IN  THE  REPORT PURSUANT TO THIS SECTION SHALL BE COMPUTED AND FURNISHED
TO THE AREA'S ADMINISTRATIVE BOARD BY THE MUNICIPALITY WHICH LEVIED  THE
TAX.  THE  FAILURE OF ANY CULTURAL DEVELOPMENT AREA ADMINISTRATIVE BOARD
TO PREPARE AND SUBMIT A REPORT AS REQUIRED BY THIS  SECTION  SHALL  MAKE
THE  BOARD  OR OTHER COMMUNITY-BASED DEVELOPMENT ORGANIZATION INELIGIBLE
TO RECEIVE ANY FINANCIAL SUPPORT FOR ADMINISTRATIVE EXPENSES  AUTHORIZED
BY THIS SECTION; PROVIDED, HOWEVER, THAT SUCH FINANCIAL ASSISTANCE SHALL
NOT BE WITHHELD ON ACCOUNT OF THE REPORT'S FAILURE TO INCLUDE ANY INFOR-
MATION  WHICH  IS  REQUIRED  BY THIS SECTION BUT IS NOT AVAILABLE TO THE
CULTURAL DEVELOPMENT AREA ADMINISTRATIVE BOARD.
  S 6.16. DISPOSITION OF PROPERTY.  1. NOTWITHSTANDING ANY PROVISION  OF
ANY  OTHER  LAW TO THE CONTRARY, IN ORDER TO FURTHER THE PURPOSES OF THE
CULTURAL DEVELOPMENT  AREAS  PROGRAM,  ANY  REAL  OR  PERSONAL  PROPERTY
LOCATED  WITHIN  A  CULTURAL  DEVELOPMENT  AREA  AND  OWNED BY ANY LOCAL
GOVERNMENTAL ENTITY IN WHOSE JURISDICTION A CULTURAL DEVELOPMENT AREA IS
LOCATED, MAY BE SOLD OR LEASED FOR  A  TERM  NOT  EXCEEDING  NINETY-NINE
YEARS  TO A PRIVATE USER, A COMMUNITY-BASED ORGANIZATION, A PUBLIC BENE-
FIT CORPORATION OR  ANY  OTHER  PERSON;  PROVIDED,  HOWEVER,  THAT  EACH
CONTRACT FOR SUCH SALE, AND EACH SUCH LEASE, SHALL OBLIGATE THE BUYER OR
LESSEE  TO  COMPLY  WITH THE PROVISIONS OF THIS ARTICLE AND THE CULTURAL
DEVELOPMENT AREA DEVELOPMENT PLAN FILED WITH THE  COMMISSIONER  PURSUANT
TO  SECTION  6.05  OF  THIS  ARTICLE.  SUCH  OBLIGATIONS  CONTAINED IN A
CONTRACT FOR THE SALE OF REAL PROPERTY SHALL  SURVIVE  DELIVERY  OF  THE
DEED.  A  BREACH BY THE BUYER OR LESSEE OF A MATERIAL OBLIGATION OF SUCH
CONTRACT OR LEASE SHALL, IN ADDITION TO ANY OTHER REMEDIES AVAILABLE  TO
THE  SELLER  OR  LESSOR UNDER THE CONTRACT, TERMINATE THE ELIGIBILITY OF
THE BUYER OR LESSEE FOR ANY BENEFITS PROVIDED IN THIS ARTICLE.
  2. ANY REAL OR PERSONAL PROPERTY OWNED BY ANY LOCAL GOVERNMENTAL ENTI-
TY OR THE STATE AND LOCATED WITHIN A CULTURAL DEVELOPMENT  AREA  MAY  BE
SOLD  OR  LEASED  TO  ANY PERSON PURSUANT TO THIS SECTION WITHOUT PUBLIC
BIDDING OR PUBLIC SALE; PROVIDED, HOWEVER, THAT THERE IS PUBLISHED IN AT
LEAST ONE NEWSPAPER OF GENERAL CIRCULATION IN THE MUNICIPALITY IN  WHICH
THE  CULTURAL DEVELOPMENT AREA IS LOCATED A NOTICE WHICH SHALL INCLUDE A
STATEMENT OF THE IDENTITY OF THE PROPOSED  PURCHASER  OR  LESSEE  AND  A
DESCRIPTION  OF ITS PROPOSED USE OR RE-USE OF THE PROPERTY, THE PRICE OR
RENTAL TO BE PAID BY SUCH  PURCHASER  OR  LESSEE,  ALL  OTHER  ESSENTIAL

A. 3563                            25

CONDITIONS  OF SUCH SALE OR LEASE, AND A STATEMENT THAT A PUBLIC HEARING
UPON SUCH SALE OR LEASE WILL BE HELD BY THE  SELLER  OR  LESSOR  OF  THE
PROPERTY  AT A SPECIFIED TIME AND PLACE ON A DATE NOT LESS THAN TEN DAYS
NOR  MORE  THAN THIRTY DAYS AFTER SUCH PUBLICATION, AND PROVIDED FURTHER
THAT SUCH PUBLIC HEARING IS HELD IN ACCORDANCE WITH SUCH NOTICE.
  S 6.17. TERMINATION OR REVISION OF A CULTURAL DEVELOPMENT  AREA.    1.
EXCEPT  AS  PROVIDED  IN  THIS  SECTION, ANY DESIGNATION OF AN AREA AS A
CULTURAL DEVELOPMENT AREA SHALL  REMAIN  IN  EFFECT  DURING  THE  PERIOD
BEGINNING  ON  THE  DATE OF DESIGNATION AND ENDING FIVE YEARS LATER. THE
COMMISSIONER MAY REVOKE A DESIGNATION PRIOR TO SUCH DATE IF  HE  OR  SHE
FINDS THAT A PUBLIC INTEREST IS NOT BEING SERVED BY THE CULTURE AREA, OR
THAT  PROPOSED  PROJECTS  IN THE AREA HAVE NOT BEEN COMPLETED OR ARE NOT
ADEQUATELY NEAR COMPLETION WITHIN THREE YEARS  OF  THE  DATE  OF  DESIG-
NATION.
  2.  AFTER  CONSULTATION WITH THE DIRECTOR OF THE BUDGET AND THE CHAIR-
PERSON OF THE COUNCIL ON THE ARTS, THE COMMISSIONER  MAY  TERMINATE  THE
DESIGNATION  OF  AN  AREA  AS A CULTURAL DEVELOPMENT AREA UPON A FINDING
THAT:
  (A) THE APPLICANT HAS FAILED SUBSTANTIALLY TO IMPLEMENT  THE  CULTURAL
DEVELOPMENT AREA DEVELOPMENT PLAN WITHIN THE TIME STATED THEREIN;
  (B) THERE HAS BEEN NO SUBSTANTIAL BUSINESS DEVELOPMENT OR JOB CREATION
WITHIN  THE  AREA  DESIGNATED AS A CULTURAL DEVELOPMENT AREA WITHIN FIVE
YEARS AFTER SUCH DESIGNATION;
  (C) THERE HAS BEEN INADEQUATE MANAGEMENT AND EVALUATION OF THE AREA AT
THE LOCAL LEVEL; OR
  (D) THE APPLICANT HAS REPEATEDLY FAILED TO COMPLY WITH PROGRAM REPORT-
ING REQUIREMENTS,
PROVIDED, HOWEVER, THAT NO TERMINATION  SHALL  OCCUR  UNLESS  AND  UNTIL
WRITTEN  NOTICE HAS BEEN GIVEN TO THE APPLICANT AND A PUBLIC HEARING HAS
BEEN HELD THIRTY DAYS PRIOR TO THE EFFECTIVE DATE OF SUCH TERMINATION.
  3. THE GOVERNING BODY OF A CITY,  COUNTY,  TOWN  OR  VILLAGE  MAY,  BY
RESOLUTION,  SUBMIT  TO THE COMMISSIONER A REQUEST TO REVISE THE BOUNDA-
RIES OF AN EXISTING CULTURAL DEVELOPMENT  AREA.  THE  COMMISSIONER  MAY,
AFTER CONSULTATION WITH THE COMMISSIONER OF LABOR, APPROVE SUCH REVISION
SUBJECT TO THE FOLLOWING PROVISIONS:
  (A)  ANY  REVISION OF THE BORDERS OF A CULTURAL DEVELOPMENT AREA SHALL
BE BASED UPON A DETERMINATION BY  THE  COMMISSIONER  THAT  A  CHANGE  IN
CIRCUMSTANCES  HAS  OCCURRED  SINCE  THE  ESTABLISHMENT  OF THE EXISTING
BORDERS WHICH MAKES REVISION OF SUCH BORDERS NECESSARY OR DESIRABLE.
  (B) THE COMMISSIONER SHALL AFFIRM THAT SUCH REVISION  WOULD  NOT  HAVE
THE  EFFECT  OF  PRODUCING  A  CULTURAL  DEVELOPMENT AREA WHICH DOES NOT
SATISFY THE CRITERIA FOR CULTURAL DEVELOPMENT  AREA  DESIGNATION  ESTAB-
LISHED BY OR PURSUANT TO THIS ARTICLE.
  (C)  THE COMMISSIONER MAY GRANT APPROVAL OF REVISION OF THE BORDERS OF
A CULTURAL DEVELOPMENT AREA WITHOUT PUBLIC NOTICE AND WITHOUT HEARING IF
SUCH REVISION ADDS TERRITORY TO AN EXISTING  CULTURAL  DEVELOPMENT  AREA
BUT DOES NOT REMOVE TERRITORY FROM SUCH AREA.
  (D)  THE  COMMISSIONER MAY GRANT APPROVAL OF A REVISION OF THE BORDERS
OF A CULTURAL DEVELOPMENT AREA AFTER  PUBLIC  NOTICE  OF  SUCH  PROPOSED
REVISION  AND  A PUBLIC HEARING AT LEAST THIRTY DAYS PRIOR TO THE EFFEC-
TIVE DATE OF SUCH REVISION, IF SUCH REVISION REMOVES TERRITORY  FROM  AN
EXISTING CULTURAL DEVELOPMENT AREA.
  (E)  THE  REVISION OF THE BORDERS OF A CULTURAL DEVELOPMENT AREA SHALL
HAVE NO EFFECT ON THE DURATION  OF  THE  DESIGNATION  OF  SUCH  CULTURAL
DEVELOPMENT AREA AS PROVIDED BY SUBDIVISION ONE OF THIS SECTION.

A. 3563                            26

  (F)  ANY  REQUEST  TO  REVISE  THE  BOUNDARIES OF AN EXISTING CULTURAL
DEVELOPMENT AREA SUBMITTED TO  THE  COMMISSIONER  ON  OR  AFTER  JANUARY
FIFTEENTH, TWO THOUSAND TWELVE SHALL NOT RESULT IN THE FINAL DESIGNATION
OF  LESS  THAN FIFTY PERCENT OF THE EXISTING AREA'S UNDESIGNATED ACREAGE
ON  OR  AFTER  SUCH  DATE  IN  MORE  THAN THREE NONCONTIGUOUS AREAS. ANY
REQUEST BY AN EXISTING AREA TO THE COMMISSIONER FOR THE  DESIGNATION  OF
UP  TO TWENTY-FIVE PERCENT OF THE EXISTING AREA'S REMAINING UNDESIGNATED
ACREAGE ON OR AFTER SUCH DATE SHALL DEMONSTRATE THAT THE PROPOSED  ACRE-
AGE  OFFERS A SIGNIFICANT CONTRIBUTION TO THE ECONOMIC REVITALIZATION OF
THE AREA AND SURROUNDING AREA, TO INCLUDE THE CREATION OR  RETENTION  OF
PRIVATE  SECTOR  JOBS,  OR A PLAN TO DEMONSTRATE THAT THE CAPITAL, HUMAN
RESOURCE, OR OTHER INVESTMENT BY BUSINESSES LOCATED WITHIN THE  PROPOSED
ACREAGE WILL APPROXIMATE FIFTY PERCENT OF THE PROJECTED AGGREGATE AMOUNT
OF  AREA  BENEFITS TO BE RECEIVED BY THE CERTIFIED ENTITY LOCATED WITHIN
THE PROPOSED ACREAGE DURING  THE  FIRST  TWELVE  MONTHS  FOLLOWING  SUCH
DESIGNATION;  AND  THAT  THE  PROPOSED  ACREAGE  IS SERVICED, OR WILL BE
SERVICED, BY PUBLIC TRANSPORTATION AVAILABLE TO AREA OR COMMUNITY  RESI-
DENTS,  OR  OTHER  PROSPECTIVE  EMPLOYEES, IN THOSE AREAS WHERE A PUBLIC
TRANSPORTATION SYSTEM ALREADY EXISTS AND WHERE SUCH SERVICE  IS  ECONOM-
ICALLY  FEASIBLE; BUT ONLY AFTER PUBLIC NOTICE OF SUCH PROPOSED REVISION
AND A PUBLIC HEARING AT LEAST THIRTY DAYS PRIOR TO THE EFFECTIVE DATE OF
SUCH REVISION. PROVIDED, HOWEVER, IF AN EXISTING AREA DEMONSTRATES  THAT
A PROJECT WHICH WILL ENHANCE THE ECONOMIC REVITALIZATION OF THE AREA AND
BENEFIT  AREA  RESIDENTS  CANNOT  BE  INCLUDED  WITHIN  ONE OF THE THREE
NONCONTIGUOUS AREAS, AND  UPON  THE  COMMISSIONER'S  DETERMINATION  THAT
INCLUSION  OF  SUCH  ADDITIONAL  NONCONTIGUOUS  LANDS  POSES SIGNIFICANT
POTENTIAL FOR ECONOMIC DEVELOPMENT, TO INCLUDE JOB CREATION OF  NO  LESS
THAN THREE HUNDRED NEW JOBS, MORE THAN TWENTY-FIVE PERCENT OF THE EXIST-
ING AREA'S UNDESIGNATED ACREAGE ON OR AFTER JANUARY FIFTEENTH, TWO THOU-
SAND ELEVEN CAN BE USED IN MORE THAN THREE NONCONTIGUOUS AREAS, BUT ONLY
AFTER  PUBLIC  NOTICE  OF SUCH PROPOSED REVISION AND A PUBLIC HEARING AT
LEAST THIRTY DAYS PRIOR TO THE EFFECTIVE DATE OF SUCH REVISION.
  (G) ANY REQUEST TO REVISE THE BOUNDARIES OF A NEW CULTURAL DEVELOPMENT
AREA SUBMITTED TO THE COMMISSIONER SHALL NOT RESULT IN THE FINAL  DESIG-
NATION OF LESS THAN FIFTY PERCENT OF THE NEW AREA'S UNDESIGNATED ACREAGE
IN MORE THAN THREE NONCONTIGUOUS AREAS. ANY REQUEST BY A NEW AREA TO THE
COMMISSIONER FOR THE DESIGNATION OF UP TO TWENTY-FIVE PERCENT OF THE NEW
AREA'S  REMAINING  UNDESIGNATED  ACREAGE  SHALL  DEMONSTRATE  THAT:  THE
PROPOSED ACREAGE OFFERS A SIGNIFICANT CONTRIBUTION TO THE ECONOMIC REVI-
TALIZATION OF THE AREA AND SURROUNDING AREA, TO INCLUDE THE CREATION  OR
RETENTION  OF  PRIVATE  SECTOR  JOBS,  OR A PLAN TO DEMONSTRATE THAT THE
CAPITAL, HUMAN RESOURCE, OR OTHER INVESTMENT BY BUSINESSES LOCATED WITH-
IN THE PROPOSED ACREAGE WILL APPROXIMATE FIFTY PERCENT OF THE  PROJECTED
AGGREGATE  AMOUNT OF AREA BENEFITS TO BE RECEIVED BY THE CERTIFIED BUSI-
NESSES LOCATED WITHIN THE  PROPOSED  ACREAGE  DURING  THE  FIRST  TWELVE
MONTHS  FOLLOWING  SUCH  DESIGNATION;  AND  THAT THE PROPOSED ACREAGE IS
SERVICED, OR WILL BE SERVICED, BY  PUBLIC  TRANSPORTATION  AVAILABLE  TO
AREA  OR  COMMUNITY  RESIDENTS, OR OTHER PROSPECTIVE EMPLOYEES, IN THOSE
AREAS WHERE A PUBLIC TRANSPORTATION SYSTEM ALREADY EXISTS AND WHERE SUCH
SERVICE IS ECONOMICALLY FEASIBLE; BUT ONLY AFTER PUBLIC NOTICE  OF  SUCH
PROPOSED REVISION AND A PUBLIC HEARING AT LEAST THIRTY DAYS PRIOR TO THE
EFFECTIVE DATE OF SUCH REVISION. PROVIDED, HOWEVER, IF A NEW AREA DEMON-
STRATES THAT A PROJECT WHICH WILL ENHANCE THE ECONOMIC REVITALIZATION OF
THE AREA AND BENEFIT AREA RESIDENTS CANNOT BE INCLUDED WITHIN ONE OF THE
THREE  NONCONTIGUOUS  AREAS,  AND  UPON THE COMMISSIONER'S DETERMINATION
THAT INCLUSION OF SUCH ADDITIONAL NONCONTIGUOUS LANDS POSES  SIGNIFICANT

A. 3563                            27

POTENTIAL  FOR  ECONOMIC DEVELOPMENT, TO INCLUDE JOB CREATION OF NO LESS
THAN THREE HUNDRED NEW JOBS, MORE THAN TWENTY-FIVE PERCENT  OF  THE  NEW
AREA'S UNDESIGNATED ACREAGE CAN BE USED IN MORE THAN THREE NONCONTIGUOUS
AREAS,  BUT  ONLY  AFTER  PUBLIC  NOTICE OF SUCH PROPOSED REVISION AND A
PUBLIC HEARING AT LEAST THIRTY DAYS PRIOR TO THE EFFECTIVE DATE OF  SUCH
REVISION.
  (H)  IT  IS  THE  POLICY  TO ALLOW EACH AREA NO MORE THAN ONE BOUNDARY
AMENDMENT WITHIN A TWELVE MONTH PERIOD. IF, HOWEVER, THERE IS  A  CHANGE
IN  CIRCUMSTANCES INVOLVING EXTENUATING FACTORS WITHIN THE YEAR (SUCH AS
THE ATTRACTION/RETENTION OF A MAJOR POTENTIAL/AREA  EMPLOYER,  WHICH  IS
CONSISTENT  WITH  THE  AREA'S  DEVELOPMENT  GOALS),  THE REQUEST WILL BE
CONSIDERED.
  (I) UPON THE TERMINATION OR REVISION OF  THE  BORDERS  OF  A  CULTURAL
DEVELOPMENT  AREA  AS  PROVIDED  IN THIS SECTION, THE COMMISSIONER SHALL
FILE  NOTICE  OF  SUCH  ACTION  AS  REQUIRED  BY  SECTION  NINE  HUNDRED
FIFTY-NINE OF THE GENERAL MUNICIPAL LAW.
  S  6.18.  RESCINDING  OF  LOCAL  INCENTIVES.   SHOULD A CERTIFIED ARTS
CORPORATION IN A CDA BE DECERTIFIED, ANY  LOCAL  INCENTIVE  PROVIDED  BY
SUCH  MUNICIPALITY  MAY  BE  RESCINDED BY LOCAL LAW OR RESOLUTION BY THE
GOVERNING BODY OF SUCH MUNICIPALITY, NOTWITHSTANDING SUBDIVISION FIVE OF
SECTION FOUR HUNDRED EIGHTY-FIVE-E OF THE REAL PROPERTY TAX LAW.
  S 3. This act shall take effect immediately.