S T A T E   O F   N E W   Y O R K
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                                  8037

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 17, 2013
                               ___________

Introduced  by M. of A. FINCH -- read once and referred to the Committee
  on Corporations, Authorities and Commissions

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 project
occupant in its respective industry. EXCEPT AS OTHERWISE PROVIDED FOR IN
THIS SECTION, NO FINANCIAL ASSISTANCE OF THE AUTHORITY SHALL BE PROVIDED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11515-04-3
              

A. 8037                             2

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.