S T A T E O F N E W Y O R K
________________________________________________________________________
7253
2021-2022 Regular Sessions
I N A S S E M B L Y
April 29, 2021
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Introduced by M. of A. DARLING -- read once and referred to the Commit-
tee on Local Governments
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. Paragraph (a) of subdivision 2 of section 862 of the gener-
al municipal law, as added by section 1 of part J of chapter 59 of the
laws of 2013, is amended to read as follows:
(a) Except as provided in paragraph (b) of this subdivision, no finan-
cial 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 consti-
tute 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 subpara-
graph (i) of paragraph four of subdivision (b) of section eleven hundred
one of the tax law; or (ii) sales of a service to such customers.
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01031-02-1
A. 7253 2
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.
§ 2. This act shall take effect immediately.