S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2728
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2021
                                ___________
 
 Introduced  by Sen. KAMINSKY -- 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:
 
   Section 1. Paragraph (a) of subdivision 2 of section 862 of the gener-
 al municipal law, as added by section 1 of part J of chapter 59  of  the
 laws of 2013, is amended to read as follows:
   (a) Except as provided in paragraph (b) of this subdivision, no finan-
 cial  assistance  of  the  agency  shall  be  provided in respect of any
 project where facilities or property that are primarily used  in  making
 retail  sales  to customers who personally visit such facilities consti-
 tute more than one-third of the total project cost. For the purposes  of
 this  article,  "retail  sales"  shall  mean:  (i) sales by a registered
 vendor under article twenty-eight of the tax law  primarily  engaged  in
 the  retail  sale  of tangible personal property, as defined in subpara-
 graph (i) of paragraph four of subdivision (b) of section eleven hundred
 one of the tax law; or (ii)  sales  of  a  service  to  such  customers.
 Except,  however,  that  [tourism  destination]  REGIONALLY  SIGNIFICANT
 projects shall not be prohibited by this subdivision. For the purpose of
 this paragraph, ["tourism destination"] "REGIONALLY SIGNIFICANT PROJECT"
 shall mean a location or facility [which is likely to attract a  signif-
 icant number of visitors from outside the economic development region as
 established  by  section  two hundred thirty of the economic development
 law, in which the project is located] WHERE: (I) THE  AGENCY  BOARD  HAS
 DETERMINED  WITH  THE  BENEFIT OF AN INDEPENDENT THIRD-PARTY ANALYSIS OF
 COSTS VERSUS BENEFITS THAT SHOWS MORE BENEFITS  TO  THE  COMMUNITY  THAN
 COSTS,  THAT  THE  PROJECT  IS LIKELY TO ATTRACT A SIGNIFICANT NUMBER OF
 VISITORS FROM OUTSIDE THE ECONOMIC DEVELOPMENT REGION AS ESTABLISHED  BY
 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.
              

                                                            LBD01031-02-1

 S. 2728                             2
 
 PROJECT  IS  LOCATED  AND  THAT  UNDERTAKING  THE PROJECT WILL SERVE THE
 PUBLIC PURPOSES OF THIS ARTICLE BY PRESERVING PERMANENT, PRIVATE  SECTOR
 JOBS  OR INCREASING THE OVERALL NUMBER OF PERMANENT, PRIVATE SECTOR JOBS
 IN  THE  STATE;  AND  (II)  WHERE THE AGENCY BOARD MAKES SUCH A FINDING,
 PRIOR TO PROVIDING FINANCIAL ASSISTANCE TO THE PROJECT  BY  THE  AGENCY,
 THE  CHIEF  EXECUTIVE  OFFICER  OF  THE  CITY, TOWN OR VILLAGE WHERE THE
 PROJECT IS LOCATED SHALL CONFIRM THE PROPOSED ACTION OF THE AGENCY.
   § 2. This act shall take effect immediately.