Relates to financial assistance provided by the Auburn industrial development authority.
Ayes (62): Adams, Addabbo, Avella, 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
Nays (1): Ball
BILL NUMBER:S5800A REVISED 6/17/13
TITLE OF BILL: An act to amend the public authorities law, in relation to financial assistance provided by the Auburn industrial development authority
PURPOSE: This bill relates to the financial assistance provided by the Auburn industrial development authority.
SUMMARY OF PROVISIONS:
Section 1 - Amends the opening paragraph of section 2306 of the public authorities law, as amended by chapter 556 of the laws of 1973.
Section 2 - Amends section 2334 of the public authorities law, as added by chapter 915 of the laws of 1969.
Section 3 - Effective Date
JUSTIFICATION: This bill is a chapter amendment to Budget Bill S.2609-D Part J of the 2013-14 budget. The city of Auburn was inadvertently excluded from changes in the law pertaining to IDA tax credits which this bill will rectify.
LEGISLATIVE HISTORY: New bill
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 5800--A 2013-2014 Regular Sessions IN SENATE June 14, 2013 ___________Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Author- ities and Commissions -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public authorities law, in relation to financial assistance provided by the Auburn industrial development authority THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The opening paragraph of section 2306 of the public author- ities law, as amended by chapter 556 of the laws of 1973, 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 and research facilities and facilities for use by a federal agency or a medical facility including industrial pollution control facilities, which may include transportation facilities includ- ing 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 opportu- nities, 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 projectEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11515-03-3 S. 5800--A 2
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. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION TO THE CONTRARY, SUCH FINANCIAL ASSISTANCE MAY, HOWEVER, BE PROVIDED TO A PROJECT WHERE FACIL- ITIES 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 PROJECT WOULD BE TO MAKE AVAILABLE GOODS OR SERVICES WHICH WOULD NOT, BUT FOR THE PROJECT, BE REASONABLY ACCESSIBLE TO THE RESIDENTS OF THE CITY OF AUBURN BECAUSE OF A LACK OF REASONABLY ACCESSIBLE RETAIL TRADE FACILI- TIES OFFERING SUCH GOODS OR SERVICES; OR (II) THE PROJECT IS LOCATED IN A HIGHLY DISTRESSED AREA. WITH RESPECT TO PROJECTS AUTHORIZED PURSUANT TO THIS PARAGRAPH NO PROJECT SHALL BE APPROVED UNLESS THE AUTHORITY SHALL FIND AFTER THE PUBLIC HEARING REQUIRED BY SECTION TWENTY-THREE HUNDRED SEVEN 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 AUTHORITY MAKES SUCH A FINDING, PRIOR TO PROVIDING FINANCIAL ASSISTANCE TO THE PROJECT BY THE AUTHORITY, THE CHIEF EXECUTIVE OFFICER OF THE CITY OF AUBURN SHALL CONFIRM THE PROPOSED ACTION OF THE AUTHORITY. To carry out said purpose, the authority shall have power: S 2. Section 2334 of the public authorities law, as added by chapter 915 of the laws of 1969, is amended to read as follows: S 2334. Termination of the authority. Whenever all of the bonds issued by the authority shall have been redeemed or cancelled, AND ALL STRAIGHT-LEASE TRANSACTIONS HAVE BEEN TERMINATED, the authority shall cease to exist and all rights, titles, and interest and all obligations and liabilities thereof vested in or possessed by the authority shall thereupon vest in and be possessed by the city of Auburn. S 3. This act shall take effect on the thirtieth day after it shall have become a law.