S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6858--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on  Housing -- reference changed to the Committee on Local Governments
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT  to  amend  the general municipal law and the public authorities
   law, in relation to making housing a policy of the state of New York
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  852  of the general municipal law, as amended by
 chapter 630 of the laws of 1977, the  first  undesignated  paragraph  as
 amended  by  chapter  747  of  the laws of 2005, the second undesignated
 paragraph as amended by chapter 478 of the laws of 2011  and  the  third
 undesignated  paragraph  as amended by section 4 of part X of chapter 59
 of the laws of 2021, is amended to read as follows:
   § 852. Policy and purposes of article. It is hereby declared to be the
 policy of this state to promote the economic welfare, recreation  oppor-
 tunities  and  prosperity  of  its  inhabitants and to actively promote,
 attract, encourage and develop recreation, economically  sound  commerce
 and  industry  and economically sound projects identified and called for
 to implement a state heritage area management plan as provided in  title
 G of the parks, recreation and historic preservation law through govern-
 mental  action  for  the purpose of preventing unemployment and economic
 deterioration by the creation of industrial development  agencies  which
 are  hereby  declared  to be governmental agencies and instrumentalities
 and to grant to such industrial  development  agencies  the  rights  and
 powers provided in this article.
   It  is  hereby  further  declared  to  be  the policy of this state to
 protect and promote the health of the inhabitants of this state  by  the
 conservation,  protection and improvement of the natural and cultural or
 historic resources and environment and to control  land,  sewer,  water,
 air, noise or general environmental pollution derived from the operation
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10666-07-3
              

 A. 6858--A                          2
 
 of industrial, manufacturing, warehousing, commercial, recreation, horse
 racing facilities, railroad facilities, automobile racing facilities and
 research  facilities  and  to grant such industrial development agencies
 the  rights  and  powers provided by this article with respect to indus-
 trial pollution control facilities.
   It is hereby further declared to  be  the  policy  of  this  state  to
 protect  and  promote the health of the inhabitants of this state and to
 increase trade  through  promoting  the  development  of  facilities  to
 provide recreation for the citizens of the state and to attract tourists
 from  other states, TO INCREASING AFFORDABLE HOUSING STOCK IN SUPPORT OF
 REGIONAL HOUSING GOALS AS MAY BE ESTABLISHED AND AMENDED  FROM  TIME  TO
 TIME  and  to  promote  the  development of renewable energy projects to
 support the state's renewable energy goals  as  may  be  established  or
 amended from time to time.
   The use of all such rights and powers is a public purpose essential to
 the public interest, and for which public funds may be expended.
   §  2.  Subdivision  4  of section 854 of the general municipal law, as
 amended by section 5 of part X of chapter 59 of the  laws  of  2021,  is
 amended and a new subdivision 22 is added to read as follows:
   (4)  "Project"  -  shall mean any land, any building or other improve-
 ment, and all real and personal properties located within the  state  of
 New York and within or outside or partially within and partially outside
 the  municipality  for  whose benefit the agency was created, including,
 but not limited to, machinery, equipment  and  other  facilities  deemed
 necessary  or  desirable in connection therewith, or incidental thereto,
 whether or not now in existence or under construction,  which  shall  be
 suitable for manufacturing, warehousing, research, commercial, renewable
 energy,  AFFORDABLE HOUSING or industrial purposes or other economically
 sound purposes identified and called for to implement a state designated
 urban cultural park management plan as provided in title G of the parks,
 recreation and historic preservation law and which may include  or  mean
 an  industrial pollution control facility, a recreation facility, educa-
 tional or cultural facility, a horse racing facility, a railroad facili-
 ty, a renewable energy project, AN AFFORDABLE HOUSING  FACILITY,  or  an
 automobile  racing  facility, provided, however, no agency shall use its
 funds or provide financial assistance in respect of any  project  wholly
 or  partially  outside the municipality for whose benefit the agency was
 created without the prior consent  thereto  by  the  governing  body  or
 bodies  of  all the other municipalities in which a part or parts of the
 project is, or is to be,  located,  and  such  portion  of  the  project
 located  outside  such  municipality  for  whose  benefit the agency was
 created shall be contiguous with the portion of the project inside  such
 municipality.
   (22)  "AFFORDABLE  HOUSING" - SHALL MEAN HOUSING WHERE THE OCCUPANT IS
 PAYING NO MORE THAN THIRTY PERCENT OF GROSS INCOME  FOR  HOUSING  COSTS,
 INCLUDING UTILITIES.
   §  3.  The  opening  paragraph of section 858 of the general municipal
 law, as amended by section 6 of part X of chapter  59  of  the  laws  of
 2021, is amended to read as follows:
   The purposes of the agency shall be to promote, develop, encourage and
 assist  in the acquiring, constructing, reconstructing, improving, main-
 taining, equipping and furnishing industrial,  manufacturing,  warehous-
 ing,  commercial,  research,  renewable  energy, AFFORDABLE HOUSING, and
 recreation facilities including industrial pollution control facilities,
 educational or cultural facilities, railroad  facilities,  horse  racing
 facilities,  automobile  racing  facilities,  renewable energy projects,
 A. 6858--A                          3
 
 AFFORDABLE HOUSING FACILITIES and continuing  care  retirement  communi-
 ties,  provided,  however,  that,  of agencies governed by this article,
 only agencies created for the benefit of a county and the agency created
 for  the  benefit of the city of New York shall be authorized to provide
 financial assistance in any respect  to  a  continuing  care  retirement
 community,  and  thereby  advance the job opportunities, health, general
 prosperity and economic welfare of the people of the state of  New  York
 and  to  improve their recreation opportunities, prosperity and standard
 of living; and to carry out the aforesaid purposes,  each  agency  shall
 have the following powers:
   §  4.  Paragraph  (b) of subdivision 5 of section 859-a of the general
 municipal law, as amended by section 7 of part X of chapter  59  of  the
 laws of 2021, is amended to read as follows:
   (b)  a written cost-benefit analysis by the agency that identifies the
 extent to which a project  will  create  or  retain  permanent,  private
 sector  jobs;  the estimated value of any tax exemptions to be provided;
 the amount of private sector investment generated or likely to be gener-
 ated by the proposed project; the contribution of  the  project  to  the
 state's  renewable  energy  goals  and emission reduction targets as set
 forth in the state energy plan adopted pursuant to section 6-104 of  the
 energy law; THE CONTRIBUTION OF THE PROJECT TO REGIONAL HOUSING GOALS OF
 INCREASING  HOUSING  OPTIONS  INCLUDING  BUT  NOT LIMITED TO AFFORDABLE,
 WORKFORCE, AND SENIOR  HOUSING;  the  likelihood  of  accomplishing  the
 proposed  project  in  a  timely  fashion;  and  the extent to which the
 proposed project will provide additional sources of revenue for  munici-
 palities  and school districts; and any other public benefits that might
 occur as a result of the project;
   § 5. Paragraph (a) of subdivision 4 of  section  874  of  the  general
 municipal law, as amended by chapter 386 of the laws of 2019, is amended
 to read as follows:
   (a)  The  agency  shall establish a uniform tax exemption policy, with
 input from affected tax jurisdictions, which shall be applicable to  the
 provision  of  financial  assistance  pursuant  to section eight hundred
 fifty-nine-a of this [chapter] TITLE and shall  provide  guidelines  for
 the  claiming  of  real  property,  mortgage  recording,  and  sales tax
 exemptions.  Such guidelines shall include, but not be limited to: peri-
 od of exemption; percentage of exemption; types of  projects  for  which
 exemptions  can be claimed; procedures for payments in lieu of taxes and
 instances in which real property appraisals are to  be  performed  as  a
 part of an application for tax exemption; in addition, agencies shall in
 adopting  such  policy  consider  such  issues as: the extent to which a
 project will create or retain permanent, private sector jobs; the  esti-
 mated  value  of any tax exemptions to be provided; whether affected tax
 jurisdictions shall be reimbursed by the project occupant if  a  project
 does  not  fulfill the purposes for which an exemption was provided; the
 impact of a proposed project on existing  and  proposed  businesses  and
 economic  development  projects  in  the vicinity; the amount of private
 sector investment generated or likely to be generated  by  the  proposed
 project;  the  demonstrated public support for the proposed project; the
 likelihood of accomplishing the proposed project in  a  timely  fashion;
 the  effect  of the proposed project upon the environment; the extent to
 which the project will utilize, to the fullest  extent  practicable  and
 economically  feasible,  resource conservation, energy efficiency, green
 technologies, and alternative and renewable energy measures; THE  EXTENT
 TO  WHICH  THE PROJECT WILL BRING ADDITIONAL AFFORDABLE HOUSING UNITS TO
 THE MARKET; the extent to which the proposed project  will  require  the
 A. 6858--A                          4

 provision  of  additional  services, including, but not limited to addi-
 tional educational, transportation, police, emergency  medical  or  fire
 services;  and  the  extent  to  which the proposed project will provide
 additional sources of revenue for municipalities and school districts.
   §  6.  Subdivision 5 of section 1951 of the public authorities law, as
 amended by chapter 907 of the laws of 1972, is amended and a new  subdi-
 vision 16 is added to read as follows:
   5.  The term "project" shall mean any land in one or more areas of the
 city and any building, structure, facility or other improvement thereon,
 including, but not limited to machinery and equipment and all  real  and
 personal  property  deemed necessary in connection therewith, whether or
 not now in existence or under construction, which shall be necessary  or
 suitable  for manufacturing, warehousing, research, commercial, AFFORDA-
 BLE HOUSING or industrial purposes and which  may  include  or  mean  an
 industrial pollution control facility.
   16.  THE  TERM "AFFORDABLE HOUSING" SHALL MEAN HOUSING WHERE THE OCCU-
 PANT IS PAYING NO MORE THAN THIRTY PERCENT OF GROSS INCOME  FOR  HOUSING
 COSTS, INCLUDING UTILITIES.
   §  7.  The opening paragraph of section 1953 of the public authorities
 law, as amended by chapter 579 of the laws of 2021, is amended  to  read
 as follows:
   The  purposes of the authority shall be to promote, develop, encourage
 and assist in the acquiring,  constructing,  reconstructing,  improving,
 maintaining,  equipping  and furnishing industrial, manufacturing, ware-
 house, commercial, AFFORDABLE HOUSING and research facilities  including
 industrial   pollution  control  facilities,  transportation  facilities
 including but not limited to those relating to water, highway, rail  and
 air,  in one or more areas of the city, particularly but not exclusively
 at the site of what was formerly the Troy airport including an  airstrip
 or  airport  located  in  the  southern  section of the city and thereby
 advance the job opportunities, health, general prosperity  and  economic
 welfare  of  the  people  of  said city and to improve their standard of
 living; provided, however, that the authority shall  not  undertake  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 applicant located within the
 state, provided, however, that neither restriction shall  apply  if  the
 authority 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 facility to  a  location  outside  the
 state or is reasonably necessary to preserve the competitive position of
 the  project  occupant  in  its respective industry. Except as otherwise
 provided for in this section, no financial assistance of  the  authority
 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 subdivi-
 sion (b) of section eleven hundred one of the tax law; or (ii) sales  of
 a  service  to such customers. Except, however, that tourism destination
 projects shall not be prohibited by this paragraph. For the  purpose  of
 this  paragraph, "tourism destination" shall mean a location or facility
 which is likely to attract a significant number of visitors from outside
 A. 6858--A                          5
 
 the economic development region as established by  section  two  hundred
 thirty of the economic development law in which the project is located.
   § 8. Subdivision 1 of section 1963-a of the public authorities law, as
 amended  by  chapter  386  of  the  laws  of 2019, is amended to read as
 follows:
   1. The authority shall establish a uniform tax exemption policy,  with
 input  from affected local taxing jurisdictions, which shall be applica-
 ble to provisions of financial assistance pursuant to  section  nineteen
 hundred fifty-three-a of this title and shall provide guidelines for the
 claiming of real property, mortgage recording, and sales tax exemptions.
 Such  guidelines  shall  include,  but  not  be  limited  to:  period of
 exemption;  percentage  of  exemption;  types  of  projects  for   which
 exemptions  can be claimed; procedures for payments in lieu of taxes and
 instances in which real property appraisals are to  be  performed  as  a
 part  of an application for tax exemption; in addition, the authority in
 adopting such policy shall consider such issues as: the extent to  which
 a  project  will  create  or  retain permanent, private sector jobs; the
 estimated value of any tax exemption to be  provided;  whether  affected
 tax  jurisdictions  should  be  reimbursed  by the project occupant if a
 project does not  fulfill  the  purposes  for  which  an  exemption  was
 provided;  the  impact  of  a  proposed project on existing and proposed
 businesses and economic development projects in the vicinity; the amount
 of private sector investment generated or likely to be generated by  the
 proposed  project;  the  demonstrated  public  support  for the proposed
 project; the likelihood of accomplishing the proposed project in a time-
 ly fashion; the effect of the proposed project upon the environment; the
 extent to which the project will utilize, to the fullest extent  practi-
 cable and economically feasible, resource conservation, energy efficien-
 cy,  green  technologies, and alternative and renewable energy measures;
 THE EXTENT TO WHICH THE PROJECT WILL BRING ADDITIONAL AFFORDABLE HOUSING
 UNITS TO THE MARKET; the extent  to  which  the  proposed  project  will
 require the provision of additional services, including, but not limited
 to  additional educational, transportation, police, emergency medical or
 fire services; and the extent to which the proposed project will provide
 additional  sources  [or]  OF  revenue  for  municipalities  and  school
 districts.
   §  9.  Subdivision 5 of section 2302 of the public authorities law, as
 amended by chapter 356 of the laws of 1993, is amended and a new  subdi-
 vision 17 is added to read as follows:
   5.  The term "project" shall mean any land in one or more areas of the
 city and within or outside or partially within and partially outside the
 city and any building, structure, facility or other improvement thereon,
 including, but not limited to machinery and equipment and all  real  and
 personal properties deemed necessary in connection therewith, whether or
 not  now in existence or under construction, which shall be necessary or
 suitable for industrial, warehousing, research,  AFFORDABLE  HOUSING  or
 commercial purposes, or for use by a federal agency or a medical facili-
 ty and which may include or mean an industrial pollution control facili-
 ty  or  a  civic  facility,  provided,  however, the authority shall not
 provide financial  assistance  in  respect  of  any  project  wholly  or
 partially  outside  the  city  provided, however, that the authority may
 provide financial assistance for such a project where a portion  of  the
 project  outside  the  city  is  contiguous  to a portion of the project
 located within the city if the authority obtains the prior consent ther-
 eto by the governing body or bodies of all the other  cities,  towns  or
 A. 6858--A                          6
 
 villages  in  which  a  part  or  parts  of the project is, or is to be,
 located.
   17.  THE  TERM "AFFORDABLE HOUSING" SHALL MEAN HOUSING WHERE THE OCCU-
 PANT IS PAYING NO MORE THAN THIRTY PERCENT OF GROSS INCOME  FOR  HOUSING
 COSTS, INCLUDING UTILITIES.
   §  10. The opening paragraph of section 2306 of the public authorities
 law, as amended by chapter 304 of the laws of 2013, is amended  to  read
 as follows:
   The  purposes of the authority shall be to promote, develop, encourage
 and assist in the acquiring,  constructing,  reconstructing,  improving,
 maintaining,  equipping  and furnishing industrial, manufacturing, ware-
 house, commercial,  AFFORDABLE  HOUSING,  and  research  facilities  and
 facilities  for  use by a federal agency or a medical facility including
 industrial pollution control facilities, which may  include  transporta-
 tion  facilities  including  but not limited to those relating to water,
 highway, rail and air, in one or more areas of  the  city,  and  thereby
 advance  the  job opportunities, health, general prosperity and economic
 welfare of the people of said city and to improve their medical care and
 standard of living; provided, however,  that  the  authority  shall  not
 undertake  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 abandon-
 ment of one or more  plants  or  facilities  of  the  project  applicant
 located  within  the  state, provided, however, that neither restriction
 shall apply if the authority shall determine on the basis of the  appli-
 cation  before it that the project is reasonably necessary to discourage
 the project occupant from removing such other plant  or  facility  to  a
 location  outside  the  state or is reasonably necessary to preserve the
 competitive position of the project occupant in its respective industry.
 Except as otherwise provided for in this section, no  financial  assist-
 ance  of the authority 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  arti-
 cle  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 customers. Except, however, that tourism
 destination  projects shall not be prohibited by this paragraph. For the
 purpose of this paragraph, "tourism destination" shall mean  a  location
 or  facility which 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.
   §  11. Subdivision 1 of section 2315 of the public authorities law, as
 amended by chapter 386 of the laws  of  2019,  is  amended  to  read  as
 follows:
   1.  The authority shall establish a uniform tax exemption policy, with
 input from affected local taxing jurisdictions, which shall be  applica-
 ble  to  provisions  of financial assistance pursuant to section twenty-
 three hundred seven of this title and shall provide guidelines  for  the
 claiming of real property, mortgage recording, and sales tax exemptions.
 Such  guidelines  shall  include,  but  not  be  limited  to:  period of
 exemption;  percentage  of  exemption;  types  of  projects  for   which
 exemptions  may be claimed; procedures for payments in lieu of taxes and
 A. 6858--A                          7
 
 instances in which real property appraisals are to  be  performed  as  a
 part  of an application for tax exemption; in addition, the authority in
 adopting such policy shall consider such issues as: the extent to  which
 a  project  will  create  or  retain permanent, private sector jobs; the
 estimated value of any tax exemption to be  provided;  whether  affected
 tax  jurisdictions  should  be  reimbursed  by the project occupant if a
 project does not  fulfill  the  purposes  for  which  an  exemption  was
 provided;  the  impact  of  a  proposed project on existing and proposed
 businesses and economic development projects in the vicinity; the amount
 of private sector investment generated or likely to be generated by  the
 proposed  project;  the  demonstrated  public  support  for the proposed
 project; the likelihood of accomplishing the proposed project in a time-
 ly fashion; the effect of the proposed project upon the environment; the
 extent to which the project will utilize, to the fullest extent  practi-
 cable and economically feasible, resource conservation, energy efficien-
 cy,  green  technologies, and alternative and renewable energy measures;
 THE EXTENT TO WHICH THE PROJECT WILL BRING ADDITIONAL AFFORDABLE HOUSING
 UNITS TO THE MARKET; the extent  to  which  the  proposed  project  will
 require the provision of additional services, including, but not limited
 to  additional educational, transportation, police, emergency medical or
 fire services; and the extent to which the proposed project will provide
 additional sources of revenue for municipalities and school districts.
   § 12. This act shall take effect immediately.