STATE OF NEW YORK
________________________________________________________________________
7253
2021-2022 Regular Sessions
IN ASSEMBLY
April 29, 2021
___________
Introduced by M. of A. DARLING -- read once and referred to the Commit-
tee on Local Governments
AN ACT to amend the general municipal law, in relation to the preserva-
tion of regionally significant projects
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 2 of section 862 of the gener-
2 al municipal law, as added by section 1 of part J of chapter 59 of the
3 laws of 2013, is amended to read as follows:
4 (a) Except as provided in paragraph (b) of this subdivision, no finan-
5 cial assistance of the agency shall be provided in respect of any
6 project where facilities or property that are primarily used in making
7 retail sales to customers who personally visit such facilities consti-
8 tute more than one-third of the total project cost. For the purposes of
9 this article, "retail sales" shall mean: (i) sales by a registered
10 vendor under article twenty-eight of the tax law primarily engaged in
11 the retail sale of tangible personal property, as defined in subpara-
12 graph (i) of paragraph four of subdivision (b) of section eleven hundred
13 one of the tax law; or (ii) sales of a service to such customers.
14 Except, however, that [tourism destination] regionally significant
15 projects shall not be prohibited by this subdivision. For the purpose of
16 this paragraph, ["tourism destination"] "regionally significant project"
17 shall mean a location or facility [which is likely to attract a signif-
18 icant number of visitors from outside the economic development region as
19 established by section two hundred thirty of the economic development
20 law, in which the project is located] where: (i) the agency board has
21 determined with the benefit of an independent third-party analysis of
22 costs versus benefits that shows more benefits to the community than
23 costs, that the project is likely to attract a significant number of
24 visitors from outside the economic development region as established by
25 section two hundred thirty of the economic development law, in which the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01031-02-1
A. 7253 2
1 project is located and that undertaking the project will serve the
2 public purposes of this article by preserving permanent, private sector
3 jobs or increasing the overall number of permanent, private sector jobs
4 in the state; and (ii) where the agency board makes such a finding,
5 prior to providing financial assistance to the project by the agency,
6 the chief executive officer of the city, town or village where the
7 project is located shall confirm the proposed action of the agency.
8 § 2. This act shall take effect immediately.
