STATE OF NEW YORK
________________________________________________________________________
10044
IN ASSEMBLY
January 30, 2026
___________
Introduced by M. of A. SOLAGES -- 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
26 project is located and that undertaking the project will serve the
27 public purposes of this article by preserving permanent, private sector
28 jobs or increasing the overall number of permanent, private sector jobs
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09872-01-5
A. 10044 2
1 in the state; and (ii) where the agency board makes such a finding,
2 prior to providing financial assistance to the project by the agency,
3 the chief executive officer of the city, town or village where the
4 project is located shall confirm the proposed action of the agency.
5 § 2. This act shall take effect immediately.
