S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3108
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2017
                                ___________
 
 Introduced  by  Sens. SERRANO, AVELLA, BAILEY, COMRIE, HOYLMAN, LATIMER,
   PARKER, PERSAUD -- read twice and ordered printed, and when printed to
   be committed to the Committee on Cultural Affairs, Tourism, Parks  and
   Recreation
 
 AN  ACT  to  amend  the  arts  and cultural affairs law and the economic
   development law,  in  relation  to  creating  the  arts  and  cultural
   district
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The arts and cultural affairs law is amended  by  adding  a
 new section 3.17 to read as follows:
   §  3.17.  ARTS  AND  CULTURAL  DISTRICT.  1. THE COUNCIL SHALL DEVELOP
 CRITERIA AND GUIDELINES FOR STATE DESIGNATED ARTS AND CULTURAL DISTRICTS
 AND SHALL DEVELOP AN APPLICATION PROCESS FOR  RECEIVING  SUCH  A  DESIG-
 NATION.  A  DISTRICT  SHALL  BE  DEFINED AS A GEOGRAPHIC AREA OF A CITY,
 TOWN, OR VILLAGE WITH A CONCENTRATION OF  ARTS  OR  CULTURAL  FACILITIES
 LOCATED  WITHIN  ITS  BOUNDARIES.  CRITERIA  DEVELOPED BY THE COUNCIL TO
 DESIGNATE A DISTRICT SHALL INCLUDE DETERMINATIONS  THAT  SUCH  DISTRICT:
 (A)  ATTRACTS  ARTISTS  OR  CULTURAL  ENTERPRISES  TO THE COMMUNITY, (B)
 ENCOURAGES BUSINESS AND JOB DEVELOPMENT DUE TO THE  PRE-EXISTING  INSTI-
 TUTIONS, (C) ATTRACTS A SUFFICIENT AMOUNT OF TOURISM, (D) ENHANCES LOCAL
 PROPERTY  VALUES  AND FOSTERS LOCAL CULTURAL DEVELOPMENT, OR (E) HAS THE
 POTENTIAL TO MEET ANY OF THE CATEGORICAL  DETERMINATIONS  IF  SUFFICIENT
 STATE  SUPPORT  AND ASSISTANCE IS PROVIDED TO THE PROPOSED DISTRICT. THE
 COUNCIL SHALL ALSO DEVELOP GUIDELINES THAT PROVIDE ASSISTANCE TO A CITY,
 TOWN, OR VILLAGE IN  DEVELOPING  AN  APPLICATION  FOR  DISTRICT  CERTIF-
 ICATION.
   2.  FOR  ANY  STATE DESIGNATED ARTS AND CULTURAL DISTRICT, THE COUNCIL
 AND THE URBAN DEVELOPMENT  CORPORATION  SHALL  PROVIDE  STATE  SUPPORTED
 ASSISTANCE  TO THE DISTRICT IN ITS ACTIVITIES, INCLUDING BUT NOT LIMITED
 TO TECHNICAL ASSISTANCE IN APPLYING FOR FEDERAL AND  NON-PROFIT  GRANTS,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01151-01-7

 S. 3108                             2
 
 MARKETING  EXPERTISE,  IDENTIFICATION  OF OTHER STATE RESOURCES THAT MAY
 ASSIST A DISTRICT'S ACTIVITIES OR PROGRAMS  THAT  COULD  BE  CREATED  OR
 EXPANDED WITHIN STATE AGENCIES TO ASSIST DISTRICTS.
   3.  FOR  ANY  GRANTS OR FINANCIAL ASSISTANCE PROVIDED PURSUANT TO THIS
 ARTICLE, THE COUNCIL SHALL PROVIDE THE MOST FAVORABLE  TREATMENT  ALLOW-
 ABLE TO AN APPLICANT LOCATED WITHIN A DESIGNATED DISTRICT.
   4.  TWO  OR MORE LOCAL GOVERNMENTS MAY JOINTLY  APPLY FOR A DESIGNATED
 DISTRICT WHERE THE PROPOSED  GEOGRAPHIC  AREA  OF  SUCH  DISTRICT  SHALL
 EXTEND ACROSS COMMONLY HELD JURISDICTIONAL BOUNDARIES.
   5.  THE COUNCIL MAY ACCEPT OR REJECT AN APPLICATION UNDER THIS SECTION
 AND MAY PROPOSE AMENDMENTS TO THE APPLICATION  IN  LIEU  OF  ACCEPTANCE.
 APPLICANTS  SHALL  BE  PROVIDED  A  RESPONSE  WITHIN  NINETY DAYS OF THE
 RECEIPT OF THE APPLICATION, AND ANY AMENDMENTS TO  SUCH  AN  APPLICATION
 SHALL BE RESPONDED TO WITHIN THIRTY DAYS OF RECEIPT.
   §  2.  Paragraphs  4  and  5  of subdivision (e) of section 168 of the
 economic development law, are renumbered paragraphs 5 and 6  and  a  new
 paragraph 4 is added to read as follows:
   (4)  EVALUATE  AND  MAKE  RECOMMENDATIONS  TO SUPPORT SPECIFIC TOURISM
 PROMOTION FOR ANY  STATE  DESIGNATED  ARTS  AND  CULTURAL  DISTRICT,  AS
 DEFINED IN SECTION 3.17 OF THE ARTS AND CULTURAL AFFAIRS LAW;
   §  3.  No later than three hundred sixty-five days after the effective
 date of this act, the council of the arts shall issue a  report  to  the
 temporary  president of the Senate, the speaker of the Assembly, and the
 chairs of the relevant legislative committees recommending  any  changes
 to  any provisions of law that would effectuate the purpose of this act,
 including but not limited to providing additional state  incentives  and
 benefits,  altering  the application process, promoting additional tour-
 ism, and any other measures that would aid the  operations  of  proposed
 and current arts and cultural districts.
   § 4. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.