Relates to permitting funds of an industrial development agency to be used for certain retail projects in areas affected by disaster emergencies.
Ayes (63): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
TITLE OF BILL: An act to amend the general municipal law, in relation to restrictions on funds of industrial development agencies
PURPOSE: To allow for the approval of Industrial Development Agency projects for property specifically used in making retail sales in areas directly impacted negatively by a natural disaster.
SUMMARY OF PROVISIONS: Section one amends section 862 of the general municipal law subdivision 2 to allow projects in a county impacted by a natural disaster to be eligible for projects for property specifically used in making retail sales.
Section two sets the effective date.
JUSTIFICATION: The storm commonly known as Hurricane Sandy was by most estimates as one of the most destructive and deadly storms to hit the United States since 1980. Sandy caused widespread destruction massive flooding and prolonged power outages. Many local governments throughout the State were severely affected by the flooding and the extraordinary costs of repairing the damage are considerable.
In addition to the destruction of the homes of our residents, many downtown areas also experienced property damage and loss. This bill will allow local Industrial Development Agencies to finance projects in the local downtown areas that were impacted by Sandy, in order to provide relief to get small businesses back up and running and address the issue of rebuilding our communities after Sandy holistically.
LEGISLATIVE HISTORY: This is a new bill.
FISCAL IMPLICATIONS: None to the state.
EFFECTIVE DATE: This act shall take effect immediately and shall be deemed to have been in full force and effect on the same date and in the same manner as section 1 of part J of chapter 59 of the laws of 2013 took effect; provided that this act shall apply to any declaration that occurred on or after October 1, 2012.
STATE OF NEW YORK ________________________________________________________________________ 5776 2013-2014 Regular Sessions IN SENATE June 14, 2013 ___________Introduced by Sen. MARTINS -- 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 restrictions on funds of industrial development agencies THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 862 of the general municipal law, as added by section 1 of part J of chapter 59 of the laws of 2013, is amended to read as follows: (2) (a) Except as provided in paragraph (b) of this subdivision, 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 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 projects shall not be prohib- ited by this subdivision. 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. (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 projectEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10855-03-3 S. 5776 2
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; OR (III) THE PROJECT IS LOCATED IN A COUNTY THAT CONTAINS AN AREA WITH RESPECT TO WHICH THE GOVERNOR HAS DECLARED A DISASTER EMERGENCY PURSUANT TO SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW, PROVIDED THE ADOPTION OF A RESOLUTION BY THE AGENCY WITH RESPECT TO THE PROJECT OCCURS WITHIN EIGHTEEN MONTHS OF SUCH DECLARATION AND THE PROJECT INCLUDES FACILITIES OR PROPERTY THAT SUSTAINED DIRECT DAMAGE OR WAS NEGATIVELY ECONOMICALLY IMPACTED AS A RESULT OF THE DISASTER. (c) With respect to projects authorized pursuant to SUBPARAGRAPHS (I) AND (II) OF 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 financial assistance to the project by the agency, the chief executive officer of the municipality for whose bene- fit the agency was created shall confirm the proposed action of the agency. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on the same date and in the same manner as section 1 of part J of chapter 59 of the laws of 2013 took effect; provided that this act shall apply to any declaration that occurred on or after October 1, 2012.