S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1358
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2021
                                ___________
 
 Introduced  by  Sens. SERRANO, BAILEY, COMRIE, HOYLMAN, PARKER, PERSAUD,
   RAMOS -- 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.
              

                                                            LBD02715-01-1

 S. 1358                             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 on 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.