A06137 Summary:
BILL NO | A06137A |
  | |
SAME AS | SAME AS S03798-A |
  | |
SPONSOR | Bing (MS) |
  | |
COSPNSR | Kellner, Glick, Powell |
  | |
MLTSPNSR | Boyland, Gottfried, Reilly |
  | |
Add S16-t, UDC Act; add S131-a, Ec Dev L | |
  | |
Establishes an economic grant program for the Second Avenue Subway construction project area; appropriates funds therefor. |
A06137 Actions:
BILL NO | A06137A | |||||||||||||||||||||||||||||||||||||||||||||||||
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02/26/2009 | referred to economic development | |||||||||||||||||||||||||||||||||||||||||||||||||
05/26/2009 | amend (t) and recommit to economic development | |||||||||||||||||||||||||||||||||||||||||||||||||
05/26/2009 | print number 6137a | |||||||||||||||||||||||||||||||||||||||||||||||||
06/02/2009 | reported referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
06/22/2009 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
06/22/2009 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
06/22/2009 | rules report cal.568 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/22/2009 | ordered to third reading rules cal.568 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/22/2009 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/22/2009 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
06/22/2009 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
01/06/2010 | DIED IN SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
01/06/2010 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
01/06/2010 | ordered to third reading cal.427 | |||||||||||||||||||||||||||||||||||||||||||||||||
03/10/2010 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
03/10/2010 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
03/10/2010 | REFERRED TO FINANCE |
A06137 Floor Votes:
Yes
Abbate
Yes
Canestrari
No
Fitzpatrick
Yes
Kellner
Yes
Oaks
Yes
Sayward
Yes
Alessi
Yes
Carrozza
Yes
Gabryszak
Yes
Kolb
Yes
O'Donnell
Yes
Scarborough
Yes
Alfano
Yes
Castro
Yes
Galef
Yes
Koon
No
O'Mara
Yes
Schimel
Yes
Amedore
Yes
Christensen
Yes
Gantt
Yes
Lancman
Yes
Ortiz
Yes
Schimminger
Yes
Arroyo
Yes
Clark
Yes
Gianaris
Yes
Latimer
Yes
Parment
Yes
Schroeder
Yes
Aubry
Yes
Colton
Yes
Gibson
Yes
Lavine
Yes
Paulin
Yes
Scozzafava
No
Bacalles
Yes
Conte
Yes
Giglio
Yes
Lentol
ER
Peoples
ER
Seminerio
No
Ball
Yes
Cook
Yes
Glick
Yes
Lifton
Yes
Peralta
Yes
Skartados
Yes
Barclay
No
Corwin
Yes
Gordon
Yes
Lopez PD
ER
Perry
Yes
Spano
Yes
Barra
Yes
Crespo
Yes
Gottfried
Yes
Lopez VJ
Yes
Pheffer
Yes
Stirpe
Yes
Barron
No
Crouch
Yes
Gunther
Yes
Lupardo
Yes
Powell
Yes
Sweeney
Yes
Benedetto
Yes
Cusick
Yes
Hawley
Yes
Magee
Yes
Pretlow
Yes
Tedisco
Yes
Benjamin
Yes
Cymbrowitz
No
Hayes
Yes
Magnarelli
No
Quinn
No
Thiele
Yes
Bing
Yes
DelMonte
Yes
Heastie
Yes
Maisel
Yes
Rabbitt
Yes
Titone
Yes
Boyland
Yes
DenDekker
ER
Hevesi
ER
Markey
Yes
Raia
Yes
Titus
No
Boyle
Yes
Destito
Yes
Hikind
Yes
Mayersohn
Yes
Ramos
Yes
Tobacco
Yes
Bradley
Yes
Dinowitz
Yes
Hooper
Yes
McDonough
Yes
Reilich
Yes
Towns
Yes
Brennan
No
Duprey
Yes
Hoyt
Yes
McEneny
Yes
Reilly
Yes
Townsend
Yes
Brodsky
Yes
Eddington
Yes
Hyer Spencer
Yes
McKevitt
Yes
Rivera J
Yes
Walker
Yes
Brook Krasny
Yes
Englebright
Yes
Jacobs
Yes
Meng
ER
Rivera N
Yes
Weinstein
Yes
Burling
Yes
Errigo
Yes
Jaffee
Yes
Miller
Yes
Rivera PM
Yes
Weisenberg
No
Butler
Yes
Espaillat
Yes
Jeffries
Yes
Millman
Yes
Robinson
Yes
Weprin
Yes
Cahill
Yes
Farrell
Yes
John
Yes
Molinaro
Yes
Rosenthal
Yes
Wright
Yes
Calhoun
Yes
Fields
No
Jordan
Yes
Morelle
Yes
Russell
Yes
Zebrowski
Yes
Camara
Yes
Finch
Yes
Kavanagh
Yes
Nolan
Yes
Saladino
Yes
Mr. Speaker
‡ Indicates voting via videoconference
Yes
Abbate
ER
Carrozza
ER
Gabryszak
No
Kolb
No
Murray
Yes
Russell
No
Alessi
No
Castelli
No
Galef
No
Koon
Yes
Nolan
No
Saladino
No
Alfano
Yes
Castro
Yes
Gantt
Yes
Lancman
No
Oaks
Yes
Sayward
No
Amedore
No
Christensen
Yes
Gianaris
Yes
Latimer
Yes
O'Donnell
ER
Scarborough
Yes
Arroyo
Yes
Clark
Yes
Gibson
Yes
Lavine
No
O'Mara
Yes
Schimel
Yes
Aubry
Yes
Colton
No
Giglio
Yes
Lentol
Yes
Ortiz
Yes
Schimminger
No
Bacalles
No
Conte
Yes
Glick
Yes
Lifton
Yes
Parment
Yes
Schroeder
Yes
Ball
Yes
Cook
No
Gordon
No
Lopez PD
Yes
Paulin
No
Scozzafava
No
Barclay
No
Corwin
Yes
Gottfried
Yes
Lopez VJ
Yes
Peoples
No
Skartados
No
Barra
Yes
Crespo
No
Gunther
Yes
Lupardo
ER
Peralta
Yes
Spano
Yes
Barron
No
Crouch
No
Hawley
Yes
Magee
Yes
Perry
Yes
Stirpe
Yes
Benedetto
Yes
Cusick
No
Hayes
Yes
Magnarelli
Yes
Pheffer
No
Sweeney
Yes
Benjamin
Yes
Cymbrowitz
Yes
Heastie
Yes
Maisel
Yes
Powell
No
Tedisco
Yes
Bing
Yes
DelMonte
Yes
Hevesi
Yes
Markey
Yes
Pretlow
No
Thiele
Yes
Boyland
Yes
DenDekker
Yes
Hikind
Yes
Mayersohn
No
Quinn
Yes
Titone
No
Boyle
Yes
Destito
Yes
Hooper
No
McDonough
No
Rabbitt
Yes
Titus
ER
Brennan
Yes
Dinowitz
Yes
Hoyt
Yes
McEneny
No
Raia
No
Tobacco
Yes
Brodsky
No
Duprey
Yes
Hyer Spencer
No
McKevitt
ER
Ramos
Yes
Towns
Yes
Brook Krasny
Yes
Englebright
Yes
Jacobs
Yes
Meng
No
Reilich
No
Townsend
No
Burling
No
Errigo
Yes
Jaffee
No
Miller JM
Yes
Reilly
Yes
Weinstein
No
Butler
Yes
Espaillat
Yes
Jeffries
Yes
Miller MG
Yes
Rivera J
Yes
Weisenberg
Yes
Cahill
Yes
Farrell
Yes
John
Yes
Millman
ER
Rivera N
Yes
Weprin
No
Calhoun
No
Fields
No
Jordan
No
Molinaro
Yes
Rivera PM
Yes
Wright
Yes
Camara
No
Finch
Yes
Kavanagh
No
Montesano
Yes
Robinson
No
Zebrowski
Yes
Canestrari
No
Fitzpatrick
Yes
Kellner
Yes
Morelle
Yes
Rosenthal
Yes
Mr. Speaker
‡ Indicates voting via videoconference
A06137 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 6137--A 2009-2010 Regular Sessions IN ASSEMBLY February 26, 2009 ___________ Introduced by M. of A. BING, KELLNER, GLICK -- Multi-Sponsored by -- M. of A. BOYLAND, GOTTFRIED, REILLY -- read once and referred to the Committee on Economic Development, Job Creation, Commerce and Industry -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the New York state urban development corporation act, in relation to establishing a Second Avenue Subway construction economic development grant program; and to amend the economic development law, in relation to the definition of micro business The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1 of chapter 174 of the laws of 1968, constituting 2 the New York state urban development corporation act, is amended by 3 adding a new section 16-t to read as follows: 4 § 16-t. Second Avenue Subway construction economic development grant 5 program. (1) There is hereby created a Second Avenue Subway construction 6 economic development grant program for the purpose of providing finan- 7 cial and technical assistance to businesses located within the Second 8 Avenue Subway construction business zone area during periods of 9 construction. 10 (2) For the purposes of this section the following words or terms 11 shall mean as follows: 12 (a) "Small business" shall have the same meaning as defined in section 13 131 of the economic development law. 14 (b) "Qualified business" shall mean a small business or micro business 15 operating within a one hundred fifty foot radius of the business zone 16 area during a period of authorized construction, and the business has a 17 demonstrated loss. 18 (c) "Business zone area" shall mean: 19 (i) an area in which the chair of the corporation determines that 20 construction on the Second Avenue Subway project has occurred that has EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03069-03-9A. 6137--A 2 1 been certified by the commissioner for the Metropolitan Transportation 2 Authority; or 3 (ii) the following areas: 4 (A) 125th Street from 5th Avenue to 3rd Avenue; 5 (B) 2nd Avenue from 129th Street to 91st Street; 6 (C) 2nd Avenue from 87th Street to 83rd Street; 7 (D) 2nd Avenue from 73rd Street to 69th Street; 8 (E) 2nd Avenue from 65th Street to 58th Street; 9 (F) 2nd Avenue from 45th Street to 41st Street; 10 (G) 2nd Avenue from 36th Street to 32nd Street; 11 (H) 2nd Avenue from 26th Street to 23rd Street; 12 (I) 2nd Avenue from 15th Street to 11th Street; 13 (J) 2nd Avenue from 6th Street to 4th Street; 14 (K) 2nd Avenue from 4th Street to Houston Street; 15 (L) Chrystie Street from Houston Street to Canal Street; 16 (M) Bowery from Pell Street to Worth Street; 17 (N) Worth Street from Mott Street to St. James Place; 18 (O) Water Street from Dover Street to John Street; 19 (P) Water Street from Wall Street to Coenties Slip. 20 (d) "Micro business" shall have the same meaning as in section 131-a 21 of the economic development law. 22 (e) "Period of authorized construction" shall mean those dates for 23 which the chair of the corporation determines that construction on the 24 Second Avenue Subway project has occurred for the specific portion of 25 the business zone area. 26 (f) "Demonstrated loss" means a ten percent decline in taxable income 27 in the year in which the grant is applied for compared to the business' 28 base fiscal year. 29 (g) "Base fiscal year" means the tax year immediately preceding the 30 year in which construction began in that portion of the business zone 31 area in which the business is located. 32 (h) "Endangered business" means a business that would otherwise be 33 deemed a qualified business as defined in paragraph (b) of this subdivi- 34 sion, but who can show a demonstrated loss of a thirty percent decline 35 in taxable income in any given year compared to the business' base 36 fiscal year. 37 (i) "Terminal business" means a business that would otherwise be 38 deemed a qualified business as defined in paragraph (b) of this subdivi- 39 sion, but who can show a demonstrated loss of a fifty percent decline in 40 taxable income in any given year compared to the business' base fiscal 41 year. 42 (3) Assistance, out of moneys made available for this program, shall 43 be provided to qualified businesses for the following purposes: 44 (a) capital improvements costs related to the following: 45 (i) improving signage so that pedestrians can easily see and identify 46 the business as an operating business; 47 (ii) expanding existing entryways to the business; 48 (iii) altering the existing entryways, windows, walls or structure to 49 prevent or minimize excessive noise occurring from the construction; 50 (iv) improving ventilation within the building to maintain air quality 51 within the business; 52 (v) equipment, machinery, furniture, fixtures and fittings necessary 53 to the running of a qualified business that shall be affixed to and 54 remain a part of the qualified business location within the business 55 zone area; andA. 6137--A 3 1 (vi) such other capital improvements as determined by the chair of the 2 corporation. 3 (b) marketing and advertising costs. 4 (c) for endangered businesses, as determined by the chair of the 5 corporation, such as: 6 (i) payroll assistance; provided, however, any payroll assistance 7 payments made must be made to an employee who has been employed by the 8 business for at least one year, does not have an ownership interest in 9 the business, and is not related, either through blood or marriage, to 10 the owner of the business; 11 (ii) rental payment assistance, whether for real property or equipment 12 and services; 13 (iii) utilities, including but not limited to electricity, phone, 14 cable, internet, and water; and 15 (iv) insurance, as determined by the chair of the corporation. 16 (d) for terminal businesses, as determined by the chair of the corpo- 17 ration, such as: 18 (i) assistance offered to qualified and endangered businesses under 19 this subdivision; and 20 (ii) professional counseling services, dissolution services, profes- 21 sional bankruptcy assistance services, and debt management services. 22 (4) The chairman shall establish rules and regulations to ensure that 23 all moneys given pursuant to this section are used for the purposes 24 specified by the applicant. If it is determined that a recipient of 25 funds used the money in a manner inconsistent with the information set 26 out in his or her application, the applicant shall be required to reim- 27 burse the corporation twice the amount given to the applicant. 28 (5) The corporation shall also: 29 (a) (i) Establish a comprehensive technical assistance program in 30 cooperation with the department of economic development to assist small 31 and micro businesses through third party service providers, which 32 assistance shall include, but not be limited to: 33 (A) technical assistance with applications for obtaining funds from 34 public and private financing sources; 35 (B) technical assistance in the development of a working capital budg- 36 et; 37 (C) referrals to other providers of technical assistance to small and 38 micro businesses, where appropriate, including the entrepreneurial 39 assistance program established pursuant to article 9 of the economic 40 development law; and 41 (D) technical assistance through education programs. 42 (ii) Technical assistance may be provided through direct corporate 43 support, or through grants to or contracts with service providers or 44 governmental entities. 45 (b) establish programs to assist small and micro businesses in devel- 46 oping workplace policies, including but not limited to the design of 47 employee benefit and assistance programs and developing child care 48 programs. 49 (c) provide grants to business improvement districts, local develop- 50 ment corporations, other not-for-profit economic development organiza- 51 tions, and municipalities for tourism, marketing, promotion, information 52 activities and commercial revitalization activities in the business zone 53 area, such activities may include, but are not limited to, joint print, 54 mailed and internet advertisements, marketing campaigns and redevelop- 55 ment work in connection with the design and implementation of a plan for 56 facade and other improvements throughout the business zone area. SuchA. 6137--A 4 1 grants may include monies available for individual property owners 2 and/or tenants who agree to improve their property in accordance with an 3 overall design plan, provided that, such individual property owners 4 and/or tenants shall be required to match at least fifty percent of the 5 amount of any grant awarded to them. 6 (d) provide grants to small and micro businesses to offset costs asso- 7 ciated with the start-up of new business enterprises provided that the 8 space in which the business is going to be located has been vacant for 9 at least one year, the business owner has entered into a lease for at 10 least two years and the landlord or business owner shall be required to 11 match at least half the amount of any grant awarded to them. Such 12 grants may be used to provide technical assistance in development and 13 execution of business plans, including the formation of, acquisition of, 14 management of, or diversification of a small or micro business. 15 (6)(a) The corporation shall, within available appropriations, award 16 grants or enter into contracts for services pursuant to this section to 17 small and micro businesses, through direct applications accepted at the 18 discretion of the corporation. For the purposes of this subdivision the 19 corporation shall enter into annual contracts for services or award 20 grants in an amount equal to fifty percent of the total project costs to 21 qualified businesses. 22 (b) The corporation shall enter into no more than one contract or make 23 more than one grant per year per applicant under this subdivision with 24 any qualified business regardless of the number of projects for which an 25 applicant has applied and for which funding has been approved. In the 26 case of applications for multiple projects to be conducted by a single 27 applicant, the corporation may, at its discretion, provide a grant or 28 enter into a single contract for services with the applicant for some or 29 all of the projects for which an applicant has applied. 30 (c) Not-for-profit corporations, business improvement districts and 31 community development organizations shall be eligible to apply for 32 support under this subdivision to operate a program or programs of busi- 33 ness and economic development services to stabilize, retain or revital- 34 ize existing qualified businesses, and to assist small, micro, and rein- 35 vesting businesses, including, but not limited to assistance to 36 individual businesses in such project areas as: 37 (i) business planning, management assistance and counseling, and 38 financial packaging assistance to small and micro businesses, including 39 the establishment of neighborhood-based business service centers 40 designed to deliver comprehensive technical assistance to new and small 41 businesses in specific communities and neighborhoods; 42 (ii) programs to assist small and micro businesses in the business 43 zone area to identify new business opportunities, plan for new enter- 44 prise development, and manage economic development projects; 45 (iii) innovative programs of public and private cooperation to foster 46 new enterprise development and small and micro business growth; 47 (iv) programs to assist new enterprises and small and micro businesses 48 to identify and access public and private sources of equity, working 49 capital and other types of financing; and 50 (v) programs that improve the ability of small and micro businesses to 51 access state job training programs. 52 (7) Any applicant, who is awarded a grant pursuant to this section 53 where the moneys of such grant are to be used for the construction, 54 demolition, reconstruction, excavation, rehabilitation, repair, reno- 55 vation or alteration of a facility or an improvement to property shall 56 require that the work covered by such contract shall be deemed "publicA. 6137--A 5 1 work" and subject to and performed in accordance with articles 8 and 9 2 of the labor law. 3 (8) An applicant who receives a grant pursuant to this section shall 4 ensure and shall sign a written declaration prior to receiving any funds 5 stating that all provisions of the labor law, specifically including the 6 minimum wage provisions of article 19 of the labor law, are adhered to 7 by the business receiving the grant. 8 § 2. The economic development law is amended by adding a new section 9 131-a to read as follows: 10 § 131-a. Definition of a micro business. For the purposes of this 11 chapter, a micro business shall be deemed to be one which is resident in 12 this state, independently owned and operated, not dominant in its field 13 and employs ten or less persons on a full-time basis. 14 § 3. This act shall take effect immediately.