STATE OF NEW YORK
________________________________________________________________________
8037
2013-2014 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. The opening paragraph of section 2306 of the public author-
2 ities law, as amended by chapter 556 of the laws of 1973, is amended to
3 read as follows:
4 The purposes of the authority shall be to promote, develop, encourage
5 and assist in the acquiring, constructing, reconstructing, improving,
6 maintaining, equipping and furnishing industrial, manufacturing, ware-
7 house, commercial and research facilities and facilities for use by a
8 federal agency or a medical facility including industrial pollution
9 control facilities, which may include transportation facilities includ-
10 ing but not limited to those relating to water, highway, rail and air,
11 in one or more areas of the city, and thereby advance the job opportu-
12 nities, health, general prosperity and economic welfare of the people of
13 said city and to improve their medical care and standard of living;
14 provided, however, that the authority shall not undertake any project if
15 the completion thereof would result in the removal of an industrial or
16 manufacturing plant of the project occupant from one area of the state
17 to another area of the state or in abandonment of one or more plants or
18 facilities of the project applicant located within the state, provided,
19 however, that neither restriction shall apply if the authority shall
20 determine on the basis of the application before it that the project is
21 reasonably necessary to discourage the project occupant from removing
22 such other plant or facility to a location outside the state or is
23 reasonably necessary to preserve the competitive position of the project
24 occupant in its respective industry. Except as otherwise provided for in
25 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
1 in respect of any project where facilities or property that are primari-
2 ly used in making retail sales to customers who personally visit such
3 facilities constitute more than one-third of the total project cost. For
4 the purposes of this article, "retail sales" shall mean: (i) sales by a
5 registered vendor under article twenty-eight of the tax law primarily
6 engaged in the retail sale of tangible personal property, as defined in
7 subparagraph (i) of paragraph four of subdivision (b) of section eleven
8 hundred one of the tax law; or (ii) sales of a service to such custom-
9 ers. Except, however, that tourism destination projects shall not be
10 prohibited by this paragraph. For the purpose of this paragraph, "tour-
11 ism destination" shall mean a location or facility which is likely to
12 attract a significant number of visitors from outside the economic
13 development region as established by section two hundred thirty of the
14 economic development law, in which the project is located.
15 Notwithstanding the provisions of this section to the contrary, such
16 financial assistance may, however, be provided to a project where facil-
17 ities or property that are primarily used in making retail sales of
18 goods or services to customers who personally visit such facilities to
19 obtain such goods or services constitute more than one-third of the
20 total project cost, where: (i) the predominant purpose of the project
21 would be to make available goods or services which would not, but for
22 the project, be reasonably accessible to the residents of the city of
23 Auburn because of a lack of reasonably accessible retail trade facili-
24 ties offering such goods or services; or (ii) the project is located in
25 a highly distressed area. With respect to projects authorized pursuant
26 to this paragraph no project shall be approved unless the authority
27 shall find after the public hearing required by section twenty-three
28 hundred seven of this title that undertaking the project will serve the
29 public purposes of this article by preserving permanent, private sector
30 jobs or increasing the overall number of permanent, private sector jobs
31 in the state. Where the authority makes such a finding, prior to
32 providing financial assistance to the project by the authority, the
33 chief executive officer of the city of Auburn shall confirm the proposed
34 action of the authority. To carry out said purpose, the authority shall
35 have power:
36 § 2. Section 2334 of the public authorities law, as added by chapter
37 915 of the laws of 1969, is amended to read as follows:
38 § 2334. Termination of the authority. Whenever all of the bonds issued
39 by the authority shall have been redeemed or cancelled, and all
40 straight-lease transactions have been terminated, the authority shall
41 cease to exist and all rights, titles, and interest and all obligations
42 and liabilities thereof vested in or possessed by the authority shall
43 thereupon vest in and be possessed by the city of Auburn.
44 § 3. This act shall take effect on the thirtieth day after it shall
45 have become a law.
