S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4692
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced by M. of A. NORRIS -- read once and referred to the Committee
   on Economic Development
 
 AN ACT to enact the "New York Business Emergency Relief Act of 2021"; to
   direct  the  governor  to unallocated settlement funds resolved in the
   economic uncertainties fund (Part A); to amend the  urban  development
   corporation  act,  in  relation to enacting the restart New York grant
   relief program (Part B); and to authorize the governor  to  reallocate
   certain monies for the restart New York grant relief (Part C)
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York Business Emergency Relief Act of 2021".
   §  2.  Legislative  intent. The legislature seeks to provide immediate
 assistance to businesses that have been  deemed  non-essential  or  have
 faced  restrictions  or closures as a result of the Governor's Executive
 Orders and have lost income as a result.
   The legislature recognizes that New York's private businesses are  the
 backbone  of  our state economy and the state must act boldly to address
 the negative impacts resulting from the COVID-19 outbreak and the  asso-
 ciated statewide business sector shutdown. According to a recent poll by
 the  National  Federation  of Independent Businesses, 76% of its members
 have been negatively impacted by  COVID-19.  Through  Executive  Orders,
 businesses  that  were  deemed  non-essential  were forced to keep their
 doors closed with no indication of when they will be able to reopen  and
 face significant revenue. It is imperative that the legislature provides
 immediate  assistance  to  these  businesses  as  they try to manage the
 devastating impact of the COVID-19 virus and the interruption  of  their
 business  operations. The New York Business Emergency Relief Act of 2021
 will offer direct fiscal relief and  protections  for  businesses  while
 mitigating  the  risk  of  businesses  being forced to permanently close
 their doors and further harm the local and state economies.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07624-01-1

 A. 4692                             2
 
   It is therefore the intent of the legislature to implement measures to
 assist New York's businesses with the loss of their income as  a  result
 of  being  deemed  non-essential  by  the Governor's Executive Orders by
 providing direct financial assistance in the way of State grants.    The
 legislature  recognizes  that extraordinary times call for extraordinary
 measures and therefore is directing that settlement  money  received  by
 the  state from financial or banking institutions, from current economic
 development programs and from any federal aid provided to the state  for
 economic  recovery  be  used to help the state fight the economic crisis
 brought on by the COVID-19 virus by directing this funding  be  provided
 to  non-essential businesses that were negatively impacted by the Gover-
 nor's Executive Orders.
   § 3. This act enacts into law major components  of  legislation  which
 are necessary to implement the New York Business Emergency Relief Act of
 2021.  Each  component  is  wholly contained within a Part identified as
 Parts A through C. The effective  date  for  each  particular  provision
 contained  within  such  Part  is  set forth in the last section of such
 Part. Any provision in any section contained within  a  Part,  including
 the effective date of the Part, which makes a reference to a section "of
 this act", when used in connection with that particular component, shall
 be  deemed to mean and refer to the corresponding section of the Part in
 which it is found.   Section five of this act  sets  forth  the  general
 effective date of this act.
 
                                  PART A
 
   Section  1.  Notwithstanding any other law, rule and regulation to the
 contrary, the governor shall immediately direct all unallocated  settle-
 ment  funds  that  are reserved in the "economic uncertainties" fund and
 any further settlement money that may be received by the state to  small
 business  relief  purposes  consistent  with the intent of the "New York
 Business Emergency Relief Act of 2021".
   § 2. This act shall take effect immediately.
 
                                  PART B
 
   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-bb to read as follows:
   § 16-BB. RESTART NEW YORK GRANT RELIEF PROGRAM. (1) AS  USED  IN  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "STATE  OF  EMERGENCY"  SHALL  MEAN  A DISASTER EMERGENCY FOR THE
 ENTIRE STATE OF NEW YORK DECLARED IN EXECUTIVE ORDER  TWO  HUNDRED  TWO,
 BEGINNING  ON  MARCH SEVENTH, TWO THOUSAND TWENTY AS WELL AS ANY FURTHER
 AMENDMENTS OR MODIFICATIONS THERETO.
   (B) "NON-ESSENTIAL BUSINESS" SHALL MEAN THOSE BUSINESSES THAT HAVE NOT
 BEEN DEEMED ESSENTIAL AS  DECLARED  IN  EXECUTIVE  ORDER  202.6  AND  IN
 FURTHER  GUIDANCE  ISSUED BY NEW YORK STATE EMPIRE DEVELOPMENT AND SHALL
 INCLUDE, BUT NOT BE LIMITED TO, BOWLING ALLEYS,  BARBER  SHOPS,  SALONS,
 MOVIE  THEATRES,  GYMS,  RESTAURANTS, AND TOURISM RELATED BUSINESSES AND
 EMPLOY TWO HUNDRED AND FIFTY OR LESS EMPLOYEES.
   (2) THE CORPORATION SHALL ESTABLISH A FUND TO BE KNOWN AS THE "RESTART
 NEW YORK GRANT RELIEF FUND" AND SHALL PAY INTO SUCH FUND ANY MONIES MADE
 AVAILABLE TO THE CORPORATION FOR SUCH FUND FROM  ANY  SOURCE,  INCLUDING
 FEDERAL COVID-19 STIMULUS FUNDING PROVIDED TO STATES. THE MONIES HELD IN
 OR  CREDITED  TO  THE FUND SHALL BE EXPENDED SOLELY FOR THE PURPOSES SET

 A. 4692                             3
 
 FORTH IN THIS SECTION. THE CORPORATION SHALL NOT COMMINGLE THE MONIES OF
 SUCH FUND WITH ANY OTHER MONIES OF THE CORPORATION OR ANY MONIES HELD IN
 TRUST BY THE CORPORATION.
   (3)  THE  CORPORATION  SHALL  PROVIDE  GRANTS  EQUAL TO THE LIKELY NET
 INCOME LOST AS A RESULT OF BEING DEEMED A NON-ESSENTIAL BUSINESS OR  FOR
 HAVING  SERVICES LIMITED DURING THE STATE OF EMERGENCY. FUNDING FOR SUCH
 GRANTS WILL BE ALLOCATED FROM ANY MONIES MADE AVAILABLE FROM THE RESTART
 NEW YORK GRANT RELIEF FUND.
   (4) BUSINESSES SHALL APPLY FOR SUCH GRANT ON A FORM PRESCRIBED BY  THE
 CORPORATION. EACH FORM SHALL CONTAIN CONTENT AS SET FORTH BY RULE, REGU-
 LATION,  INSTRUCTION  OR PROCEDURE OF THE CORPORATION AND MAY BE CHANGED
 OR UPDATED AS NECESSARY BY THE CORPORATION IN ORDER  TO  CARRY  OUT  THE
 PURPOSE OF THIS SECTION. TO DETERMINE THE AMOUNT OF EACH GRANT PROVIDED,
 NON-ESSENTIAL  BUSINESSES  WHO  HAD THEIR SERVICES LIMITED SHALL INCLUDE
 THE FOLLOWING INFORMATION ON SUCH FORM:
   A. THE NET INCOME OF THE BUSINESS DURING THE 2018 AND 2019  TAX  YEARS
 AS EVIDENCED BY THEIR TAX RETURNS;
   B.  THE  NET  INCOME  OF  THE  BUSINESS  DURING  THE  2020 TAX YEAR AS
 EVIDENCED BY A CERTIFIED PROFIT LOSS STATEMENT OR TAX RETURN;
   C. THE CERTIFIED PROJECTED NET INCOME LOSS OF  THE  BUSINESS  FOR  THE
 2021 TAX YEAR;
   D.  THE  OPERATING  EXPENSES, INCLUDING PAYROLL EXPENSES, NECESSARY TO
 RESUME OPERATIONS WITH THE SAME QUALITY OF SERVICE THAT EXISTED PRIOR TO
 WHEN THE BUSINESS WAS DEEMED A NON-ESSENTIAL BUSINESS; AND
   E. OTHER RELEVANT SOURCES OF INFORMATION INCLUDING,  BUT  NOT  LIMITED
 TO,  ANY  FUNDS  RECEIVED  BY  THE  BUSINESS THROUGH THE FEDERAL PAYROLL
 PROTECTION PROGRAM,  TAX  RETURNS,  FINANCIAL  RECORDS,  AND  ACCOUNTING
 PROCEDURES.
   § 2. This act shall take effect immediately.
 
                                  PART C
 
   Section  1.  Notwithstanding  any other law, rule or regulation to the
 contrary, the governor is hereby authorized to repurpose all  monies  of
 the  New  York  state  urban  development corporation, the environmental
 facilities corporation, the dormitory authority  of  the  state  of  New
 York,  the  New York state energy research and development authority and
 all other state resources as identified and needed by  the  governor  to
 fully fund programs created by this act.
   § 2. This act shall take effect immediately.
   § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 5. This act shall take effect immediately  provided,  however,  that
 the  applicable effective date of Parts A through C of this act shall be
 as specifically set forth in the last section of such Parts.