LBD01111-01-5
S. 256 2
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 HOUSING STOCK IN SUPPORT OF THE STATE'S
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 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, 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, 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.
§ 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, HOUSING, and recreation
facilities including industrial pollution control facilities, educa-
tional or cultural facilities, railroad facilities, horse racing facili-
ties, automobile racing facilities, renewable energy projects, HOUSING
FACILITIES and continuing care retirement communities, provided, howev-
er, 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
S. 256 3
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 THE STATE'S 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 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 educa-
tional, 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.
S. 256 4
§ 6. Subdivision 5 of section 1951 of the public authorities law, as
amended by chapter 907 of the laws of 1972, is amended 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, HOUSING
or industrial purposes and which may include or mean an industrial
pollution control facility.
§ 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, 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 manu-
facturing 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 primari-
ly 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-
ers. Except, however, that tourism destination projects shall not be
prohibited by this paragraph. For the purpose of this paragraph, "tour-
ism 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.
§ 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-
S. 256 5
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 HOUSING UNITS TO
THE MARKET; the extent to which the proposed project will require the
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 [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 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, HOUSING or commercial
purposes, or for use by a federal agency or a medical facility and which
may include or mean an industrial pollution control facility 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 assist-
ance 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 thereto by the governing body or
bodies of all the other cities, towns or villages in which a part or
parts of the project is, or is to be, located.
§ 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, HOUSING, and research facilities and facilities for
S. 256 6
use by a federal agency or a medical facility including industrial
pollution control facilities, which may include transportation facili-
ties 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 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
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
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
S. 256 7
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 HOUSING UNITS TO
THE MARKET; the extent to which the proposed project will require the
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.
§ 12. This act shall take effect immediately.
