S02863 Summary:

Amd §862, Gen Muni L
Expands the law to include the preservation of regionally significant projects with respect to agencies drawing on funds for new building projects.
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S02863 Actions:

04/17/20231ST REPORT CAL.602
04/18/20232ND REPORT CAL.
04/26/2023referred to local governments
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S02863 Committee Votes:

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S02863 Floor Votes:

There are no votes for this bill in this legislative session.
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S02863 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                    IN SENATE
                                    January 25, 2023
        Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government
        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.

        S. 2863                             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.
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