S T A T E   O F   N E W   Y O R K
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                                  5219

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2009
                               ___________

Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
  Committee on Economic Development, Job Creation, Commerce and Industry

AN ACT to amend the New York state urban development corporation act, in
  relation to establishing the self-sufficiency program and to authorize
  the urban development corporation to issue bonds or notes  to  provide
  for  such  program; and providing for the repeal of certain provisions
  of such act upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 1 of chapter 174 of the laws of 1968, constituting
the New York state urban development  corporation  act,  is  amended  by
adding a new section 16-u to read as follows:
  S  16-U. SELF-SUFFICIENCY PROGRAM. 1. IT IS HEREBY DECLARED THAT IT IS
A VITAL POLICY AND PUBLIC PURPOSE OF NEW YORK STATE TO  PROMOTE  SIGNIF-
ICANT  ECONOMIC  DEVELOPMENT  IN  NEW  YORK.  THE HISTORY OF NEW YORK IS
MARKED BY LARGE-SCALE ECONOMIC ENDEAVORS WHICH HARNESSED THE CREATIVITY,
SKILL AND VISION OF THE RESIDENTS OF NEW YORK. THE TRANSFORMING POWER OF
THESE ACCOMPLISHMENTS IS BEST EMBODIED IN THE ERIE CANAL, WHICH  CREATED
IN  ITS  WAKE  A SURGE OF ECONOMIC AND POPULATION GROWTH IN NEW YORK. IN
CONTRAST, THE LEGISLATURE HEREBY FINDS THAT THE CURRENT ECONOMIC CLIMATE
OF NEW YORK AS A WHOLE IS MARKED BY PERSISTENT DISINVESTMENT, BLIGHT AND
AGING INFRASTRUCTURE, LOSS OF OPEN SPACE, AND EMIGRATION  OF  EMPLOYMENT
OPPORTUNITIES  AND  INVESTMENT DOLLARS, AND THAT RECREATING THE ENVIRON-
MENT OF ENERGY AND RISK-TAKING THAT DROVE THE ERIE CANAL IS ESSENTIAL TO
NEW YORK'S FUTURE WELL-BEING. THE LEGISLATURE FINDS  THAT  IN  ORDER  TO
REVERSE THE TRENDS OF DECLINE, IT IS NECESSARY AND APPROPRIATE TO ESTAB-
LISH A PUBLIC/PRIVATE FINANCING MODEL TO PROMOTE ECONOMIC DEVELOPMENT IN
NEW  YORK  WHILE  MAXIMIZING LEVERAGE NEEDED TO ASSIST IN FINANCING SUCH
PROJECTS AND DO SO IN AN EXPEDITED MANNER. IT IS THE  OVERRIDING  PUBLIC
POLICY OF THIS STATE TO CREATE A NEW VEHICLE FOR FINANCING AND APPROVING
PROJECTS IN NEW YORK TO ENSURE THE HEALTH, WELFARE AND PROSPERITY OF ALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07176-01-9
              

A. 5219                             2

CITIZENS  OF  THE  STATE,  WHILE  ENSURING  THAT  STATE FINANCES ARE NOT
DEPLETED BUT IN FACT ENRICHED OVER THE LONG TERM.
  2.  AS  USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE MEAN-
INGS INDICATED:
  (A) "APPLICANT" SHALL MEAN THAT INDIVIDUAL OR ENTITY, OR SUCH INDIVID-
UAL'S OR ENTITY'S AGENT, SUCCESSOR IN INTEREST,  ASSIGNEE  OR  DESIGNEE,
WHICH  FILES AN APPLICATION WITH THE CORPORATION FOR CONSIDERATION OF AN
ELIGIBLE PROJECT.
  (B) "BASE PAYMENT" SHALL MEAN THAT PORTION OF  A  PILOT  PAYMENT  PAID
PURSUANT TO A PILOT AGREEMENT AS FOLLOWS: IN THE FIRST YEAR, SUCH AMOUNT
SHALL BE EQUAL TO THE REAL PROPERTY TAXES PAID TO THE TAXING ENTITIES IN
THE  IMMEDIATELY  PRECEDING YEAR AND IN THE SECOND YEAR AND IN EACH YEAR
THEREAFTER, THE AMOUNT REQUIRED TO BE PAID IN EACH SUBSEQUENT YEAR SHALL
BE ONE HUNDRED FOUR PERCENT OF THE IMMEDIATELY PRECEDING YEAR'S PAYMENT.
  (C) "BROWNFIELD SITE" SHALL HAVE THE  MEANING  SET  FORTH  IN  SECTION
27-1405 OF THE ENVIRONMENTAL CONSERVATION LAW.
  (D)  "ELIGIBLE  PROJECT"  SHALL MEAN ANY NEW EQUIPMENT, IMPROVEMENT OR
STRUCTURE, INCLUDING NEW  CONSTRUCTION,  ALTERATION  OR  IMPROVEMENT  TO
EXISTING STRUCTURES, AND ALL REAL AND PERSONAL PROPERTY DEEMED NECESSARY
THEREWITH,  WHICH  IS  PROJECTED TO (I) COST A MINIMUM OF TWENTY MILLION
DOLLARS, (II) RESULT IN THE CREATION, IN ONE OR MORE PHASES, OF AT LEAST
THREE HUNDRED NEW FULL TIME EQUIVALENT JOBS AT  THE  PROJECT  SITE;  AND
(III) ONE OR MORE OF THE FOLLOWING: (A) WILL BE DESIGNED AND CONSTRUCTED
TO  ACHIEVE "GOLD" STATUS OR HIGHER PURSUANT TO THE LEADERSHIP IN ENERGY
AND ENVIRONMENTAL DESIGN ("LEED") GREEN BUILDING RATING SYSTEM  CRITERIA
DEVELOPED  BY  THE  UNITED  STATES GREEN BUILDING COUNCIL OR (B) WILL BE
DESIGNED AND CONSTRUCTED TO "3 GLOBES" OR HIGHER PURSUANT TO  THE  GREEN
GLOBES  RATING SYSTEM DEVELOPED BY THE GREEN BUILDING INITIATIVE; OR (C)
WILL  UTILIZE  TECHNOLOGY-ENABLED  DESIGN,  CONSTRUCTION  AND  OPERATION
INCLUDING, BUT NOT LIMITED TO, GENERALLY ACCEPTED UNIVERSAL DESIGN PRIN-
CIPLES  THAT  ENHANCE THE FULL CYCLE USE BUILDINGS WITHOUT REGARD TO THE
PHYSICAL ABILITIES OR DISABILITIES OF OCCUPANTS OR GUESTS  IN  ORDER  TO
ACCOMMODATE A WIDE RANGE OF INDIVIDUAL PREFERENCES AND FUNCTIONAL ABILI-
TIES. IF A PHASE OF THE ELIGIBLE PROJECT IS UNDER CONSTRUCTION AS OF THE
DATE  OF THE APPLICATION, THEN ANY JOBS CREATED AS OF SUCH DATE SHALL BE
CONSIDERED JOBS CREATED FOR PURPOSES OF THIS DEFINITION.
  THE CORPORATION SHALL GIVE PREFERENCE TO THOSE ELIGIBLE PROJECTS WHICH
MEET EITHER OR BOTH OF THE FOLLOWING CRITERIA: (I) THE SITE  IS  LOCATED
IN  AN  AREA OF A MUNICIPALITY OR REGION CHARACTERIZED BY HIGH UNEMPLOY-
MENT, A HIGH POVERTY RATE AND/OR A HIGH COMMERCIAL VACANCY RATE; OR (II)
THE APPLICANT'S PROPOSED ELIGIBLE PROJECT WILL BE LOCATED, IN  WHOLE  OR
IN PART, ON A BROWNFIELD SITE AS DEFINED IN THIS SECTION.
  (E) "HOST COMMUNITY BENEFIT" SHALL BE AN AMOUNT EQUAL TO THREE PERCENT
OF  THE  PROJECT  COSTS,  PAYABLE AT THE CLOSING OF THE FINANCING OF THE
ELIGIBLE PROJECT, TO THE MUNICIPALITIES IN WHICH THE ELIGIBLE PROJECT IS
TO BE SITED, PROVIDED THAT IF AN ELIGIBLE PROJECT IS UNDERTAKEN  IN  ONE
OR  MORE  PHASES, SUCH AMOUNT SHALL BE PROPORTIONAL TO THE PERCENTAGE OF
PROJECT COSTS OF ELIGIBLE PROJECTS BEING UNDERTAKEN. THE HOST  COMMUNITY
BENEFIT  SHALL  BE  ALLOCATED  TO  THE MUNICIPALITY OR MUNICIPALITIES IN
WHICH THE ELIGIBLE PROJECT IS TO BE SITED IN THE SAME PROPORTION AS  THE
AMOUNT  OF  REAL  PROPERTY TAXES ON THE ELIGIBLE PROJECT WOULD HAVE BEEN
DISTRIBUTED TO SUCH MUNICIPALITIES IF NOT FOR THE TAX-EXEMPT  STATUS  OF
THE ELIGIBLE PROJECT.
  (F)  "MARKETING  DEVELOPMENT  FEE"  SHALL  BE AN AMOUNT EQUAL TO THREE
PERCENT OF THE PROJECT COSTS, IF AN ELIGIBLE PROJECT IS TO BE UNDERTAKEN
IN ONE OR MORE PHASES, SUCH AMOUNT SHALL BE PROPORTIONAL TO THE PERCENT-

A. 5219                             3

AGE OF THE PROJECT COSTS OF THE PARTICULAR PHASE TO THE PROJECT COSTS OF
THE ELIGIBLE PROJECT BEING UNDERTAKEN, FOR THE PURPOSE OF MARKETING THIS
PROGRAM BY THE CORPORATION.
  (G) "MUNICIPALITY" SHALL MEAN ANY COUNTY, CITY, VILLAGE OR TOWN IN THE
STATE.
  (H)  "PILOT AGREEMENT" SHALL MEAN AN AGREEMENT BETWEEN THE SPONSOR AND
THE CORPORATION TO MAKE PILOT PAYMENTS FOR AN ELIGIBLE PROJECT.
  (I) "PILOT PAYMENT" SHALL MEAN THAT SUM AGREED TO PURSUANT TO SUBDIVI-
SION FIVE OF THIS SECTION.
  (J) "PROJECT COSTS" SHALL MEAN AND INCLUDE ALL COSTS PAID OR  INCURRED
IN  CONNECTION  WITH  AN ELIGIBLE PROJECT INCLUDING, WITHOUT LIMITATION,
THE COSTS OF LAND AND OTHER INTERESTS, BUILDINGS,  FIXTURES,  FURNITURE,
EQUIPMENT  OR MACHINERY, RESEARCH AND DEVELOPMENT, PERMITTING, PLANNING,
ENGINEERING, FINANCING, THE PROVISION  OF  WORKING  CAPITAL,  INVENTORY,
MARKETING,  EXPENDITURES  ASSOCIATED  WITH  THE  OPENING OF THE ELIGIBLE
PROJECT, AND/OR OTHER AMOUNTS, INCLUDING RESERVES AND INTEREST, THE HOST
COMMUNITY BENEFIT, THE SCHOOL DISTRICT CONTRIBUTION  AND  THE  MARKETING
DEVELOPMENT  FEE REQUIRED TO BE PAID IN CONNECTION WITH FINANCING OF THE
ELIGIBLE PROJECT. THE TERM FINANCING SHALL INCLUDE REFINANCING.
  (K) "PROJECT PAYMENT" SHALL MEAN THAT PORTION OF A PILOT PAYMENT  PAID
ANNUALLY  PURSUANT  TO A PILOT AGREEMENT EQUAL TO THE AMOUNT ESTABLISHED
BY THE APPLICANT.
  (L) "SCHOOL DISTRICT CONTRIBUTION" SHALL MEAN THAT AMOUNT TO BE  PAID,
IF  AT  ALL,  IN  AN AMOUNT EQUAL TO THREE PERCENT OF THE PROJECT COSTS,
PAYABLE AT THE CLOSING OF THE FINANCING OF THE ELIGIBLE PROJECT, TO  THE
SCHOOL  DISTRICT  IN WHICH THE ELIGIBLE PROJECT IS SITED, PROVIDED THAT,
IF AN ELIGIBLE PROJECT IS TO BE UNDERTAKEN IN ONE OR MORE  PHASES,  SUCH
AMOUNT  SHALL  BE PROPORTIONAL TO THE PERCENTAGE OF THE PROJECT COSTS OF
THE PARTICULAR PHASE TO THE PROJECT COSTS OF THE ELIGIBLE PROJECT  BEING
UNDERTAKEN.
  (M) "SPONSOR" SHALL MEAN THE INDIVIDUAL OR ENTITY OR SUCH INDIVIDUAL'S
OR  ENTITY'S  AGENT,  ASSIGNEE,  DESIGNEE OR SUCCESSOR IN INTEREST WHOSE
APPLICATION FOR TREATMENT AS AN ELIGIBLE PROJECT HAS  BEEN  APPROVED  BY
THE CORPORATION.
  (N)   "TAXING  ENTITIES"  SHALL  MEAN  EACH  MUNICIPALITY  AND  SCHOOL
DISTRICT, IN WHICH AN ELIGIBLE PROJECT IS LOCATED, THAT HAS THE POWER TO
IMPOSE BUT WHICH WILL FAIL TO RECEIVE REAL PROPERTY TAX  PAYMENTS  WHICH
WOULD  OTHERWISE  BE DUE, EXCEPT FOR THE TAX EXEMPT STATUS OF THE CORPO-
RATION.
  (O) "UNDERTAKING" SHALL MEAN,  WITHOUT  LIMITATION,  THE  ACQUISITION,
FINANCING,  CONSTRUCTION,  INSTALLATION,  EQUIPPING AND COMPLETION OF AN
ELIGIBLE PROJECT IN ONE OR MORE PHASES.
  3. NOTWITHSTANDING ANY PROVISION OF LAW TO THE  CONTRARY,  THE  CORPO-
RATION IS HEREBY AUTHORIZED TO UNDERTAKE AN ELIGIBLE PROJECT PURSUANT TO
THIS  SECTION,  AND  THE  CORPORATION SHALL NOT BE REQUIRED TO PAY TAXES
UPON ANY OF THE PROPERTY ACQUIRED  BY  IT  OR  UNDER  ITS  JURISDICTION,
CONTROL  OR  SUPERVISION PURSUANT TO THIS SECTION OR UPON ITS ACTIVITIES
PURSUANT TO THIS SECTION.
  4. (A) THE  CORPORATION  IS  AUTHORIZED  TO  ACCEPT  APPLICATIONS  FOR
APPROVAL  OF  AN ELIGIBLE PROJECT, AND THE APPLICATION SHALL BE APPROVED
AS AN ELIGIBLE PROJECT AND A PROJECT AS DEFINED IN THIS SECTION  BY  THE
CORPORATION  IF SUCH APPLICATION DEMONSTRATES THAT THE PROJECT MEETS THE
DEFINITION OF AN ELIGIBLE PROJECT AND WILL ADVANCE THE ECONOMIC WELL-BE-
ING OF THE STATE. THE APPLICANT SHALL PAY TO THE CORPORATION  A  NON-RE-
FUNDABLE APPLICATION FEE OF ONE THOUSAND DOLLARS.  THE CORPORATION SHALL
APPROVE OR DISAPPROVE OF SUCH ELIGIBLE PROJECT NO LATER THAN THIRTY DAYS

A. 5219                             4

FROM THE DATE OF RECEIPT OF THE APPLICATION OR AT THE NEXT BOARD MEETING
OCCURRING  WITHIN  SIXTY  DAYS OF THE RECEIPT OF THE APPLICATION IF SUCH
MEETING IS SCHEDULED FOR A DATE LATER THAN THIRTY DAYS FROM THE DATE  OF
RECEIPT OF SUCH APPLICATION. SUCH APPROVAL SHALL NOT BE SUBJECT TO ARTI-
CLE  8  OF  THE  ENVIRONMENTAL  CONSERVATION LAW. IN CONNECTION WITH THE
UNDERTAKING OF AN ELIGIBLE PROJECT BY THE CORPORATION OR A PHASE  THERE-
OF,  THE  SPONSOR  SHALL  PAY  TO THE CORPORATION, AT THE CLOSING OF THE
FINANCING BY THE CORPORATION OR ITS DESIGNEE OF AN ELIGIBLE  PROJECT,  A
CLOSING  FEE OF UP TO ONE PERCENT OF THE AMOUNT FINANCED. IN CALCULATING
SUCH FEE, THE SPONSOR SHALL BE ENTITLED TO A CREDIT AGAINST SUCH FEE FOR
AMOUNTS PAID TO THE CORPORATION OR OTHER AUTHORITIES OR  PUBLIC  BENEFIT
CORPORATIONS  AS FEES PAID PURSUANT TO OTHER PROGRAMS IN CONNECTION WITH
OR RELATED TO THE ELIGIBLE PROJECT, AS WELL AS  ANY  FEES  PAID  TO  THE
STATE  PURSUANT  TO TITLE 10 OF ARTICLE 9 OF THE PUBLIC AUTHORITIES LAW.
THE CORPORATION SHALL PROMULGATE REGULATIONS WITHIN THIRTY DAYS  OF  THE
EFFECTIVE DATE OF THIS SECTION, OR AT THE NEXT REGULARLY SCHEDULED BOARD
MEETING  OCCURRING  WITHIN  SIXTY  DAYS  OF  THE  EFFECTIVE DATE OF THIS
SECTION, IF SUCH MEETING IS SCHEDULED FOR A  DATE  GREATER  THAN  THIRTY
DAYS  FROM  THE  EFFECTIVE DATE OF THIS SECTION, TO ESTABLISH PROCEDURES
FOR THE APPROVAL OF ELIGIBLE PROJECTS. IN CONSIDERING  THE  APPLICATION,
THE CORPORATION SHALL CONSIDER FACTORS AFFECTING THE CREDITWORTHINESS OF
THE  APPLICANT  INCLUDING,  BUT NOT LIMITED TO, THE APPLICANT'S BUSINESS
PLAN, BUSINESS EXPERIENCE AND MANAGEMENT INFORMATION, CREDIT HISTORY AND
FINANCIAL STATEMENTS, SUFFICIENCY OF COLLATERAL TO SECURE  REPAYMENT  OF
THE  LOAN,  OTHER  PERSONAL AND CORPORATE GUARANTEES ON THE PROJECT, AND
CASH FLOW PROJECTIONS. TO THE EXTENT PERMITTED BY LAW,  ALL  INFORMATION
REGARDING  THE FINANCIAL CONDITION, MARKETING PLANS, MANUFACTURING PROC-
ESSES, PRODUCTION COSTS, CUSTOMER  LISTS,  OR  OTHER  TRADE  SECRETS  OR
PROPRIETARY  INFORMATION  DEEMED  AS SUCH BY THE APPLICANT IN CONNECTION
WITH THE APPLICATION SUBMITTED PURSUANT TO THIS  SUBDIVISION,  SHALL  BE
CONFIDENTIAL AND EXEMPT FROM PUBLIC DISCLOSURE.
  (B)  IN  CONNECTION WITH THE UNDERTAKING OF AN ELIGIBLE PROJECT BY THE
CORPORATION, A SPONSOR SHALL PAY THE MARKETING DEVELOPMENT  FEE  TO  THE
CORPORATION  OR ITS DESIGNEE. SUCH FEE CAN BE PAID BY THE SPONSOR AT ANY
TIME, BUT IN ANY EVENT NO LATER THAN THE CLOSING OF THE FINANCING BY THE
CORPORATION OR ITS DESIGNEE OF AN ELIGIBLE PROJECT OR A  PHASE  THEREOF.
SUCH  MARKETING  DEVELOPMENT FEE SHALL BE USED BY THE CORPORATION AND/OR
THE DEPARTMENT OF ECONOMIC DEVELOPMENT TO PROMOTE  BUSINESS  DEVELOPMENT
IN  THE  STATE  INCLUDING,  WITHOUT  LIMITATION,  THE  OMBUDSMAN PROGRAM
DESCRIBED IN SUBDIVISION NINE OF THIS SECTION.
  5. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  IN
CONJUNCTION  WITH  THE ACQUISITION OF TITLE OR OTHER INTEREST SUFFICIENT
TO CONFER JURISDICTION, CONTROL OR SUPERVISION OF THE  CORPORATION  OVER
AN  ELIGIBLE PROJECT, THE CORPORATION SHALL ENTER INTO A PILOT AGREEMENT
WITH THE SPONSOR OR ITS DESIGNEE FOR A PERIOD OF  FORTY  YEARS  OR  SUCH
SHORTER  TERM  AS  DETERMINED BY THE SPONSOR. SUBJECT TO THE APPROVAL OF
THE TAXING ENTITIES, THE PILOT PAYMENT SHALL  BE  USED  TO  PAY  PROJECT
COSTS.  HOWEVER,  IF  THE  SPONSOR  AGREES  THAT  THE  CORPORATION SHALL
DISTRIBUTE THE BASE PAYMENT, HOST COMMUNITY BENEFIT AND SCHOOL  DISTRICT
CONTRIBUTION TO THE RESPECTIVE TAXING ENTITIES, THEN THE PILOT AGREEMENT
CONTAINING  SUCH  PROVISION SHALL BE DEEMED APPROVED BY THE TAXING ENTI-
TIES AND THE CORPORATION SHALL NOTIFY THE TAXING  ENTITIES  ACCORDINGLY.
PROJECT  PAYMENTS  SHALL BE PAID TO THE CORPORATION AND SHALL BE USED AS
DIRECTED BY THE SPONSOR TO PAY OR TO PROVIDE  FOR  THE  PAYMENT  OF  ANY
PROJECT  COSTS.  TO  THE EXTENT ALL OR A PORTION OF THE PROJECT PAYMENTS
ARE USED TO PAY DEBT SERVICE ON BONDS OR NOTES ISSUED PURSUANT  TO  THIS

A. 5219                             5

SECTION,  SUCH  PROJECT  PAYMENTS  SHALL BE IN AMOUNTS SUFFICIENT TO PAY
SUCH DEBT SERVICE.
  6.  NOTWITHSTANDING  THE  PROVISIONS  OF  SECTION  18 OF THIS ACT, THE
CORPORATION IS HEREBY AUTHORIZED, TO ISSUE  BONDS  OR  NOTES  WHICH  ARE
PAYABLE  FROM AND SECURED BY PROJECT PAYMENTS, ALLOCATED AND PAID PURSU-
ANT TO THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION, IN  ORDER  TO
FINANCE  PROJECT COSTS. PROVIDED, HOWEVER, SUCH BONDS OR NOTES SHALL NOT
BE A DEBT OF THE CORPORATION, NOR SHALL SUCH BONDS AND NOTES BE  A  DEBT
OF  THE  STATE  WITHIN  THE  MEANING  OF ANY CONSTITUTIONAL OR STATUTORY
PROVISION. THE PLEDGE OF  PROJECT  PAYMENTS  ALLOCATED  AND  PAID  SHALL
CONSTITUTE A FIRST LIEN ON THE ELIGIBLE PROJECT AND THE REVENUES DERIVED
THEREFROM, AND SHALL BE SECURED BY THE ELIGIBLE PROJECT.
  7.  (A)  WITHIN  FIVE BUSINESS DAYS OF THE APPROVAL OF AN APPLICATION,
THE CORPORATION SHALL PROVIDE A WRITTEN NOTICE AND RECOMMENDATION TO THE
CHIEF EXECUTIVE OFFICER  OF  THE  MUNICIPALITY  IN  WHICH  THE  ELIGIBLE
PROJECT  IS  TO BE SITED WHICH REGULATES LAND USE PURSUANT TO THE ZONING
POWER.  SUCH NOTICE SHALL CONTAIN A  SUMMARY  OF  THE  ELIGIBLE  PROJECT
INCLUDING  BUT NOT LIMITED TO A DESCRIPTION OF THE FINANCIAL BENEFITS OF
THE ELIGIBLE PROJECT TO THE MUNICIPALITY, SCHOOL DISTRICT,  AND  REGION,
AND  IF  THE  ELIGIBLE PROJECT IS A PERMISSIBLE USE UNDER THE APPLICABLE
ZONING LAW.
  (B) THE CHIEF EXECUTIVE OFFICER  OF  THE  MUNICIPALITY  IN  WHICH  THE
ELIGIBLE PROJECT IS TO BE SITED WHICH REGULATES LAND USE PURSUANT TO THE
ZONING  POWER  IN  CONJUNCTION WITH THE LEGISLATIVE BODY OF SUCH MUNICI-
PALITY SHALL CONDUCT A PUBLIC HEARING IN RELATION THERETO, AT WHICH  THE
PUBLIC  SHALL  HAVE  AN  OPPORTUNITY  TO BE HEARD. NOTICE OF THE HEARING
SHALL BE POSTED IN AT LEAST FOUR PROMINENT PLACES AND SHALL BE PUBLISHED
NOT LESS THAN ONCE A WEEK FOR THREE SUCCESSIVE WEEKS PRIOR TO THE  HEAR-
ING  IN  A  NEWSPAPER  OF GENERAL CIRCULATION IN SUCH MUNICIPALITY.  THE
NOTICE OF HEARING SHALL INCLUDE SUCH NOTICE AS PROVIDED  BY  THE  CORPO-
RATION  TO  THE CHIEF EXECUTIVE OFFICER OF THE MUNICIPALITY IN WHICH THE
ELIGIBLE PROJECT IS TO BE SITED WHICH REGULATES LAND USE PURSUANT TO THE
ZONING POWER.  A COPY OF THE NOTICE SHALL BE MAILED TO  THE  LAST  KNOWN
OWNER  OF EACH PARCEL OF LAND ADJOINING THE ELIGIBLE PROJECT.  A COPY OF
THE NOTICE SHALL ALSO BE MAILED TO THE LEGISLATIVE BODY OF EACH  OF  THE
TAXING ENTITIES.
  (C) ANY AND ALL PERSONS MAY APPEAR BEFORE THE LEGISLATIVE BODY AT SUCH
PUBLIC  HEARING AND SHOW CAUSE WHY THE ELIGIBLE PROJECT SHOULD OR SHOULD
NOT BE ADOPTED. AT ANY TIME NOT LATER THAN  THE  HOUR  SET  FOR  HEARING
OBJECTIONS  TO  THE  PROPOSED  ELIGIBLE  PROJECT, ANY PERSON MAY FILE IN
WRITING WITH THE CLERK OF THE  LEGISLATIVE  BODY  A  STATEMENT  OF  SUCH
PERSON'S OBJECTIONS TO THE ELIGIBLE PROJECT.
  (D) WITHIN THIRTY DAYS OF THE DATE OF THE NOTICE PROVIDED IN PARAGRAPH
(A)  OF THIS SUBDIVISION, THE LOCAL SCHOOL DISTRICT SHALL ISSUE A STATE-
MENT TO THE LEGISLATIVE BODY RECOMMENDING  APPROVAL  OR  DISAPPROVAL  OF
SUCH  ELIGIBLE  PROJECT.  THE LOCAL SCHOOL DISTRICT SHALL ONLY RECOMMEND
DISAPPROVAL OF A PROJECT WHICH, CONSIDERED IN ITS ENTIRETY,  IT  REASON-
ABLY DEMONSTRATES WILL  MATERIALLY ADVERSELY IMPACT THE FISCAL INTEGRITY
OF  THE  SCHOOL  DISTRICT.  SUCH  STATEMENT  SHALL BE TRANSMITTED TO THE
LEGISLATIVE BODY OF SUCH MUNICIPALITY AND SHALL  BE  POSTED  FOR  PUBLIC
VIEWING.  SUCH  STATEMENT SHALL NOT BE SUBJECT TO ARTICLE 8 OF THE ENVI-
RONMENTAL CONSERVATION LAW.
  (E) WITHIN FORTY-FIVE DAYS OF THE DATE OF THE NOTICE PROVIDED IN PARA-
GRAPH (A) OF THIS SUBDIVISION, THE LEGISLATIVE BODY OF SUCH MUNICIPALITY
MAY APPROVE OR DISAPPROVE OF THE ELIGIBLE PROJECT. IF, WITHIN SUCH PERI-
OD, THE LEGISLATIVE BODY OF  SUCH  MUNICIPALITY  APPROVES  OR  FAILS  TO

A. 5219                             6

DISAPPROVE  SUCH  PROJECT, THEN, NOTWITHSTANDING ANY PROVISION OF LAW TO
THE CONTRARY, SUCH ELIGIBLE PROJECT SHALL BE DEEMED  A  PERMISSIBLE  USE
UNDER  THE  APPLICABLE ZONING LAW, SUBJECT ONLY TO THE SPONSOR OBTAINING
SITE  PLAN  APPROVAL  FROM  THE  BODY OF SAID MUNICIPALITY AUTHORIZED TO
GRANT SUCH APPROVAL, EXCEPT THAT  IF  THE  LOCAL  ZONING  LAW  DOES  NOT
REQUIRE  SITE  PLAN  APPROVAL  FOR  SUCH USE, THEN NO SITE PLAN APPROVAL
SHALL BE REQUIRED. IN THE EVENT SUCH LEGISLATIVE BODY DISAPPROVES OF THE
PROPOSED USE, THE SPONSOR MAY, WITHIN TEN DAYS OF ITS  RECEIPT  OF  SUCH
DISAPPROVAL (I) NOTIFY THE CORPORATION OF ITS INTENT TO AMEND ITS APPLI-
CATION TO CHANGE THE SITUS OF THE ELIGIBLE PROJECT TO ANOTHER CITY, TOWN
OR VILLAGE OF THE STATE AND PROMPTLY FILE NOTICE WITH SAID CITY, TOWN OR
VILLAGE  PURSUANT TO THIS SECTION; OR (II) WITHDRAW THE ELIGIBLE PROJECT
FROM FURTHER ACTION BY THE CORPORATION WITHOUT  PENALTY.  SUCH  APPROVAL
SHALL NOT BE SUBJECT TO ARTICLE 8 OF THE ENVIRONMENTAL CONSERVATION LAW.
  8.    NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY, FOR EACH
ELIGIBLE PROJECT, UPON WRITTEN REQUEST OF THE SPONSOR,  THE  CORPORATION
SHALL  BE  THE LEAD AGENCY (AS THAT TERM IS DEFINED IN SECTION 8-0111 OF
THE ENVIRONMENTAL CONSERVATION LAW) FOR  PURPOSES  OF  COMPLIANCE  UNDER
ARTICLE 8 OF THE ENVIRONMENTAL CONSERVATION LAW.
  9.  THE  CORPORATION  SHALL  EXERCISE THE FULL EXTENT OF ITS CORPORATE
POWERS SUBJECT TO APPLICABLE LAW TO EXPEDITE THE  DESIGN,  PLANNING  AND
CONSTRUCTION  OF  ELIGIBLE  PROJECTS,  AND SHALL USE ITS BEST EFFORTS IN
SECURING THOSE APPROVALS NECESSARY TO COMPLETE AN ELIGIBLE  PROJECT.  AS
PART  OF  THIS  EXERCISE,  THE CORPORATION SHALL APPOINT AN OMBUDSMAN TO
FACILITATE THE IMPLEMENTATION  AND  MARKETING  OF  THE  SELF-SUFFICIENCY
PROGRAM  DESCRIBED  IN THIS SECTION AND THE EMPIRE REVOLVING BRIDGE LOAN
FUND DESCRIBED IN SECTION 16-T OF THIS ACT, AS ADDED BY A CHAPTER OF THE
LAWS OF 2009.
  10. AN ENTITY INDEPENDENT OF THE CORPORATION SHALL CONDUCT AND  SUBMIT
TO  THE GOVERNOR AND THE LEGISLATURE BY NO LATER THAN DECEMBER 31, 2013,
A COMPREHENSIVE EVALUATION OF THE PERFORMANCE OF THE  ELIGIBLE  PROJECTS
APPROVED  PURSUANT TO THIS PROGRAM. THE CRITERIA BY WHICH THE PROGRAM IS
TO BE EVALUATED SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING: (A)
WHETHER QUANTIFIABLE BENEFITS ATTRIBUTABLE TO THE  PROGRAM  JUSTIFY  ITS
DIRECT  COSTS TO THE STATE AND PARTICIPATING LOCALITIES; (B) WHETHER THE
PROGRAM HAS CONTRIBUTED TO THE ECONOMIC REVITALIZATION OF THE  STATE  BY
STIMULATING  (I)  THE  CREATION  AND  RETENTION OF PERMANENT, FULL-TIME,
QUALITY PRIVATE SECTOR JOBS; AND (II) THE CREATION, LOCATION AND  EXPAN-
SION  OF  BUSINESSES  IN  THE STATE; (C) WHETHER THE PROGRAM HAS CREATED
EMPLOYMENT AND BUSINESS DEVELOPMENT OPPORTUNITIES FOR RESIDENTS  OF  THE
STATE; AND (D) WHETHER THE PROGRAM IS BEING MANAGED AND EVALUATED EFFEC-
TIVELY BY THE CORPORATION.
  S  2.  This  act  shall  take  effect on the same date and in the same
manner as a chapter of the laws of 2009, entitled "AN ACT to  amend  the
New  York state urban development corporation act, in relation to estab-
lishing the empire revolving bridge loan fund, and authorizing  the  New
York  state  urban  development  corporation  to issue bonds or notes to
provide monies for such fund; and to amend chapter 393 of  the  laws  of
1994,  amending  the  New  York  state urban development corporation act
relating to the powers of the New York state  urban  development  corpo-
ration  to  make loans, in relation to the effectiveness thereof", takes
effect, provided, that paragraph (a) of subdivision 4 of section 16-u of
the New York state  urban  development  corporation  act,  as  added  by
section  one  of  this act, shall expire and be deemed repealed November
26, 2019.