The New York State Senate

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

                                  3723

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2019
                               ___________

Introduced  by  M. of A. GUNTHER, RODRIGUEZ -- read once and referred to
  the Committee on Tourism, Parks, Arts and Sports Development

AN ACT to amend the arts and  cultural  affairs  law  and  the  economic
  development  law,  in  relation  to  creating  the  arts  and cultural
  district

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

  Section  1.  The  arts and cultural affairs law is amended by adding a
new section 3.17 to read as follows:
  § 3.17. ARTS AND CULTURAL  DISTRICT.  1.  THE  COUNCIL  SHALL  DEVELOP
CRITERIA AND GUIDELINES FOR STATE DESIGNATED ARTS AND CULTURAL DISTRICTS
AND  SHALL  DEVELOP  AN  APPLICATION PROCESS FOR RECEIVING SUCH A DESIG-
NATION. A DISTRICT SHALL BE DEFINED AS A  GEOGRAPHIC  AREA  OF  A  CITY,
TOWN,  OR  VILLAGE  WITH  A CONCENTRATION OF ARTS OR CULTURAL FACILITIES
LOCATED WITHIN ITS BOUNDARIES. CRITERIA  DEVELOPED  BY  THE  COUNCIL  TO
DESIGNATE  A  DISTRICT  SHALL INCLUDE DETERMINATIONS THAT SUCH DISTRICT:
(A) ATTRACTS ARTISTS OR  CULTURAL  ENTERPRISES  TO  THE  COMMUNITY,  (B)
ENCOURAGES  BUSINESS  AND JOB DEVELOPMENT DUE TO THE PRE-EXISTING INSTI-
TUTIONS, (C) ATTRACTS A SUFFICIENT AMOUNT OF TOURISM, (D) ENHANCES LOCAL
PROPERTY VALUES AND FOSTERS LOCAL CULTURAL DEVELOPMENT, OR (E)  HAS  THE
POTENTIAL  TO  MEET  ANY OF THE CATEGORICAL DETERMINATIONS IF SUFFICIENT
STATE SUPPORT AND ASSISTANCE IS PROVIDED TO THE PROPOSED  DISTRICT.  THE
COUNCIL SHALL ALSO DEVELOP GUIDELINES THAT PROVIDE ASSISTANCE TO A CITY,
TOWN,  OR  VILLAGE  IN  DEVELOPING  AN  APPLICATION FOR DISTRICT CERTIF-
ICATION.
  2. FOR ANY STATE DESIGNATED ARTS AND CULTURAL  DISTRICT,  THE  COUNCIL
AND  THE  URBAN  DEVELOPMENT  CORPORATION  SHALL PROVIDE STATE SUPPORTED
ASSISTANCE TO THE DISTRICT IN ITS ACTIVITIES, INCLUDING BUT NOT  LIMITED
TO  TECHNICAL  ASSISTANCE IN APPLYING FOR FEDERAL AND NON-PROFIT GRANTS,
MARKETING EXPERTISE, IDENTIFICATION OF OTHER STATE  RESOURCES  THAT  MAY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00417-01-9

A. 3723                             2

ASSIST  A  DISTRICT'S  ACTIVITIES  OR  PROGRAMS THAT COULD BE CREATED OR
EXPANDED WITHIN STATE AGENCIES TO ASSIST DISTRICTS.
  3.  FOR  ANY  GRANTS OR FINANCIAL ASSISTANCE PROVIDED PURSUANT TO THIS
ARTICLE, THE COUNCIL SHALL PROVIDE THE MOST FAVORABLE  TREATMENT  ALLOW-
ABLE TO AN APPLICANT LOCATED WITHIN A DESIGNATED DISTRICT.
  4.  TWO  OR MORE LOCAL GOVERNMENTS MAY JOINTLY  APPLY FOR A DESIGNATED
DISTRICT WHERE THE PROPOSED  GEOGRAPHIC  AREA  OF  SUCH  DISTRICT  SHALL
EXTEND ACROSS COMMONLY HELD JURISDICTIONAL BOUNDARIES.
  5.  THE COUNCIL MAY ACCEPT OR REJECT AN APPLICATION UNDER THIS SECTION
AND MAY PROPOSE AMENDMENTS TO THE APPLICATION  IN  LIEU  OF  ACCEPTANCE.
APPLICANTS  SHALL  BE  PROVIDED  A  RESPONSE  WITHIN  NINETY DAYS OF THE
RECEIPT OF THE APPLICATION, AND ANY AMENDMENTS TO  SUCH  AN  APPLICATION
SHALL BE RESPONDED TO WITHIN THIRTY DAYS OF RECEIPT.
  §  2.  Paragraphs  4  and  5  of subdivision (e) of section 168 of the
economic development law are renumbered paragraphs 5 and  6  and  a  new
paragraph 4 is added to read as follows:
  (4)  EVALUATE  AND  MAKE  RECOMMENDATIONS  TO SUPPORT SPECIFIC TOURISM
PROMOTION FOR ANY  STATE  DESIGNATED  ARTS  AND  CULTURAL  DISTRICT,  AS
DEFINED IN SECTION 3.17 OF THE ARTS AND CULTURAL AFFAIRS LAW;
  §  3.  No later than three hundred sixty-five days after the effective
date of this act, the council on the arts shall issue a  report  to  the
temporary  president of the Senate, the speaker of the Assembly, and the
chairs of the relevant legislative committees recommending  any  changes
to  any provisions of law that would effectuate the purpose of this act,
including but not limited to providing additional state  incentives  and
benefits,  altering  the application process, promoting additional tour-
ism, and any other measures that would aid the  operations  of  proposed
and current arts and cultural districts.
  § 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law.