S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4766
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 25, 2019
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the general municipal law, in relation to the  preserva-
   tion of regionally significant projects
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 862 of the general municipal  law,  as  amended  by
 section  1  of  part  J of chapter 59 of the laws of 2013, is amended to
 read as follows:
   § 862. Restrictions on funds of the agency. (1) No funds of the agency
 shall be used in respect of any project if the completion thereof  would
 result  in  the  removal  of an industrial or manufacturing plant of the
 project occupant from one area of the state to another area of the state
 or in the abandonment of one or more plants or facilities of the project
 occupant located within  the  state,  provided,  however,  that  neither
 restriction  shall  apply  if the agency shall determine on the basis of
 the application before it that the project is  reasonably  necessary  to
 discourage the project occupant from removing such other plant or facil-
 ity  to  a  location  outside  the  state  or is reasonably necessary to
 preserve the competitive position of the project occupant in its respec-
 tive industry.
   (2) [(a) Except as provided in paragraph (b) of this subdivision,  no]
 NO  financial  assistance  of the agency shall be provided in respect of
 any project where facilities or property  that  are  primarily  used  in
 making  retail  sales  to customers who personally visit such facilities
 constitute more than one-third  of  the  total  project  cost.  For  the
 purposes  of  this  article,  "retail  sales" shall mean: (i) sales by a
 registered vendor under article twenty-eight of the  tax  law  primarily
 engaged  in the retail sale of tangible personal property, as defined in
 subparagraph (i) of paragraph four of subdivision (b) of section  eleven
 hundred  one  of the tax law; or (ii) sales of a service to such custom-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10776-01-9

 S. 4766                             2
 
 ers. Except, however, that [tourism destination] REGIONALLY  SIGNIFICANT
 projects shall not be prohibited by this subdivision. For the purpose of
 this paragraph, ["tourism destination"] "REGIONALLY SIGNIFICANT PROJECT"
 shall  mean a location or facility [which is likely to attract a signif-
 icant number of visitors from outside the economic development region as
 established by section two hundred thirty of  the  economic  development
 law,  in  which  the project is located] WHERE: (I) THE AGENCY BOARD HAS
 DETERMINED WITH THE BENEFIT OF AN INDEPENDENT  THIRD-PARTY  ANALYSIS  OF
 COSTS  VERSUS  BENEFITS  THAT  SHOWS MORE BENEFITS TO THE COMMUNITY THAN
 COSTS, THAT THE PROJECT IS LIKELY TO ATTRACT  A  SIGNIFICANT  NUMBER  OF
 VISITORS  FROM OUTSIDE THE ECONOMIC DEVELOPMENT REGION AS ESTABLISHED BY
 SECTION TWO HUNDRED THIRTY OF THE ECONOMIC DEVELOPMENT LAW, IN WHICH THE
 PROJECT IS LOCATED AND THAT  UNDERTAKING  THE  PROJECT  WILL  SERVE  THE
 PUBLIC  PURPOSES OF THIS ARTICLE BY PRESERVING PERMANENT, PRIVATE SECTOR
 JOBS OR INCREASING THE OVERALL NUMBER OF PERMANENT, PRIVATE SECTOR  JOBS
 IN  THE  STATE;  AND  (II)  WHERE THE AGENCY BOARD MAKES SUCH A FINDING,
 PRIOR TO PROVIDING FINANCIAL ASSISTANCE TO THE PROJECT  BY  THE  AGENCY,
 THE  CHIEF  EXECUTIVE  OFFICER  OF  THE  CITY, TOWN OR VILLAGE WHERE THE
 PROJECT IS LOCATED SHALL CONFIRM THE PROPOSED ACTION OF THE AGENCY.
   [(b) Notwithstanding the provisions of paragraph (a) of this  subdivi-
 sion,  financial assistance may, however, be provided to a project where
 facilities or property that are primarily used in making retail sales of
 goods or services to customers who personally visit such  facilities  to
 obtain  such  goods  or  services  constitute more than one-third of the
 total project cost, where: (i) the predominant purpose  of  the  project
 would  be  to  make available goods or services which would not, but for
 the project, be reasonably accessible to  the  residents  of  the  city,
 town,  or  village  within  which  the proposed project would be located
 because of a lack  of  reasonably  accessible  retail  trade  facilities
 offering  such  goods  or  services; or (ii) the project is located in a
 highly distressed area.
   (c) With respect to projects authorized pursuant to paragraph  (b)  of
 this  subdivision,  no project shall be approved unless the agency shall
 find after the public hearing required by section eight  hundred  fifty-
 nine-a  of this title that undertaking the project will serve the public
 purposes of this article by preserving permanent, private sector jobs or
 increasing the overall number of permanent, private sector jobs  in  the
 state.  Where the agency makes such a finding, prior to providing finan-
 cial assistance to the project by the agency, the chief executive  offi-
 cer  of  the municipality for whose benefit the agency was created shall
 confirm the proposed action of the agency.]
   § 2. This act shall take effect immediately.