Bill Text: NY A03563 | 2011-2012 | General Assembly | Introduced
Bill Title: Creates the New York State cultural development areas program; provides for the designation of cultural development areas; provides that capital improvements to qualified buildings within a cultural development area are eligible for real property tax exemptions; provides for a personal income tax credit for donations made to a qualifying capital project.
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Introduced - Dead) 2012-01-04 - referred to tourism, parks, arts and sports development [A03563 Detail]
Download: New_York-2011-A03563-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3563
2011-2012 Regular Sessions
I N A S S E M B L Y
January 25, 2011
___________
Introduced by M. of A. MORELLE, CANESTRARI, PEOPLES-STOKES, NOLAN,
GALEF, HOYT, ORTIZ, ABBATE, CYMBROWITZ, GABRYSZAK -- Multi-Sponsored
by -- M. of A. BOYLAND, CAHILL, DESTITO, O'DONNELL, PHEFFER, ROBINSON,
TOWNS, WEINSTEIN, WEISENBERG -- read once and referred to the Commit-
tee on Tourism, Parks, Arts and Sports Development
AN ACT to amend the arts and cultural affairs law, in relation to creat-
ing the New York state cultural development areas program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act shall be known and may be cited as the "New York
2 state cultural development areas program act".
3 S 2. The arts and cultural affairs law is amended by adding a new
4 article 6 to read as follows:
5 ARTICLE 6
6 NEW YORK STATE CULTURAL DEVELOPMENT AREAS PROGRAM
7 SECTION 6.01. CULTURAL DEVELOPMENT AREAS PROGRAM; CREATION.
8 6.02. LEGISLATIVE INTENT.
9 6.03. DEFINITIONS.
10 6.04. DESIGNATION OF CULTURAL DEVELOPMENT AREA.
11 6.05. CRITERIA FOR CULTURAL DEVELOPMENT AREA DESIGNATION.
12 6.06. DESIGNATION OF CULTURAL ASSETS.
13 6.07. CRITERIA FOR DESIGNATION OF A CULTURAL ASSET.
14 6.08. RESPONSIBILITIES OF THE COMMISSIONER.
15 6.09. NEW YORK STATE CULTURAL DEVELOPMENT AREAS ADVISORY COUN-
16 CIL.
17 6.10. NEW YORK STATE CULTURAL DEVELOPMENT AREAS EVALUATION.
18 6.11. SPECIAL PROVISIONS RELATING TO CULTURAL DEVELOPMENT AREAS.
19 6.12. DIVISION OF TAXES BY GOVERNMENTAL BODIES.
20 6.13. CULTURAL DEVELOPMENT AREA CAPITAL CORPORATIONS.
21 6.14. APPROVAL OF CULTURAL DEVELOPMENT AREAS.
22 6.15. LOCAL ADMINISTRATION OF CULTURAL DEVELOPMENT AREAS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05495-01-1
A. 3563 2
1 6.16. DISPOSITION OF PROPERTY.
2 6.17. TERMINATION OR REVISION OF A CULTURAL DEVELOPMENT AREA.
3 6.18. RESCINDING OF LOCAL INCENTIVES.
4 S 6.01. CULTURAL DEVELOPMENT AREAS PROGRAM; CREATION. THE NEW YORK
5 STATE CULTURAL DEVELOPMENT AREAS PROGRAM IS HEREBY CREATED AND DECLARED
6 TO BE IN EVERY SENSE IN THE INTERESTS OF THE PEOPLE OF THE STATE AND AN
7 APPROPRIATE PUBLIC PURPOSE TO PROVIDE FOR THE DEVELOPMENT AND SUPPORT OF
8 ARTS AND CULTURAL INSTITUTIONS AND THE PRESERVATION OF CULTURAL HERIT-
9 AGE, INCLUDING THE DEVELOPMENT AND SUPPORT OF ANCILLARY ORGANIZATIONS
10 AND INFRASTRUCTURE AS MAY BE REQUIRED OR DESIRABLE FOR SUCH PURPOSE, AND
11 THE CREATION OF JOBS AND THE ENCOURAGEMENT OF ECONOMIC DEVELOPMENT.
12 S 6.02. LEGISLATIVE INTENT. THE LEGISLATURE HEREBY FINDS, DETERMINES
13 AND DECLARES THAT ARTS AND CULTURAL INSTITUTIONS IN NEW YORK NOT ONLY
14 PROVIDE EDUCATIONAL, CULTURAL, AND SPIRITUAL OPPORTUNITIES AND PRESERVA-
15 TION OF HERITAGE TO THE PEOPLE OF THIS STATE, BUT ALSO CONTRIBUTE TO THE
16 ECONOMY, PROSPERITY, OPPORTUNITY, EDUCATION, AND QUALITY OF LIFE OF ALL
17 RESIDENTS OF NEW YORK; AND THAT THE IMPORTANT PUBLIC PURPOSE SERVED BY
18 SUCH INSTITUTIONS HAS BEEN RECOGNIZED BY THE STATE AND LOCAL GOVERN-
19 MENTS, WHICH HAVE APPROPRIATED AND EXPENDED SUBSTANTIAL FUNDS FOR AND
20 OTHERWISE SUPPORTED AND ASSISTED SUCH INSTITUTIONS; AND THAT IT IS IN
21 EVERY WAY AN APPROPRIATE PUBLIC POLICY AND FULLY IN THE INTERESTS OF THE
22 PEOPLE OF THE STATE TO TAKE STEPS AS MAY BE NECESSARY TO FURTHER
23 PRESERVE AND ENHANCE THE CONTRIBUTIONS OF SUCH ARTS AND CULTURAL INSTI-
24 TUTIONS IN NEW YORK.
25 THE LEGISLATURE FINDS THAT THREE DECADES OF REPUTABLE STUDIES HAVE
26 SHOWN THAT THE DEVELOPMENT AND OPERATIONS OF ARTS AND CULTURAL INSTI-
27 TUTIONS ARE AN IMPORTANT ECONOMIC DEVELOPMENT TOOL, LEADING TO OR
28 CONTRIBUTING TO THE EXISTENCE AND GROWTH WITHIN THE STATE AND WITHIN THE
29 REGIONS AND NEIGHBORHOODS IN WHICH THEY ARE LOCATED OF ADDITIONAL
30 RELATED AND ANCILLARY INDUSTRIES AND ENTERPRISES, GENERATING SUBSTANTIAL
31 EMPLOYMENT, IMPROVING PROPERTY VALUES, PRODUCING SIGNIFICANT TAX AND
32 OTHER REVENUES DIRECTLY AND INDIRECTLY IN AND FOR THE STATE AND LOCAL
33 GOVERNMENT, AND OTHERWISE VITALLY CONTRIBUTING TO THE ECONOMY AND TAX
34 BASE OF THE STATE.
35 THE LEGISLATURE FINDS AND DECLARES THAT AN IMPORTANT PUBLIC PURPOSE IS
36 SERVED AND THE INTERESTS OF THE PEOPLE OF THE STATE ARE PROMOTED BY A
37 POLICY THAT SUPPORTS THE CULTURAL AND EDUCATIONAL MISSION OF ARTS AND
38 CULTURAL INSTITUTIONS WHILE ENHANCING THE ECONOMIC, JOB-CREATING POTEN-
39 TIAL OF SUCH INSTITUTIONS IN A SYSTEMATIC AND APPROPRIATE MANNER; AND
40 FURTHER DECLARES THAT SUCH A POLICY MUST AT A MINIMUM RECOGNIZE THE
41 NEEDS OF SUCH INSTITUTIONS FOR SPACE AND FACILITIES (INCLUDING EQUIP-
42 MENT, FURNISHINGS, AND INSTALLATIONS) TO ASSURE THEIR CONTINUED EXIST-
43 ENCE, PROPER OPERATION, AND GROWTH; ALLOW PRESERVATION AND EXPANSION OF
44 THE COLLECTIONS, ENDOWMENTS AND OTHER CAPITAL ASSETS OF SUCH INSTI-
45 TUTIONS; AND BE IMPLEMENTED IN A MANNER THAT HAS A POSITIVE EFFECT ON
46 THE ECONOMY, AND ON THE TAX BASE OF THE STATE AND ITS LOCALITIES; AND
47 PROVIDES FOR AND ENCOURAGES THE FLOW-THROUGH OF BENEFITS TO SURROUNDING
48 NEIGHBORHOODS AND REGIONS BY STIMULATING FURTHER SPIN-OFF DEVELOPMENT
49 AND DIRECT INVESTMENT IN SUCH AREAS, IN SUCH FORMS AS DEVELOPMENT OF
50 HOUSING, COMMERCIAL AND RELATED FACILITIES AND DEVELOPMENT COMPATIBLE
51 WITH AND COMPLEMENTARY TO SUCH INSTITUTIONS, NEIGHBORHOODS, AND REGIONS.
52 THE LEGISLATURE THEREFORE FINDS, DETERMINES AND DECLARES THAT A PUBLIC
53 PURPOSE WILL BE SERVED AND THE INTERESTS OF THE PEOPLE OF THE STATE
54 PROMOTED BY THE CREATION PURSUANT TO THIS ARTICLE OF CULTURAL DEVELOP-
55 MENT AREAS, TO PROVIDE FOR THE DEVELOPMENT, MAINTENANCE, AND SUPPORT OF
56 ARTS AND CULTURAL INSTITUTIONS AND TO ENHANCE THE ECONOMIC, JOB-CREATING
A. 3563 3
1 POTENTIAL OF SUCH INSTITUTIONS IN A SYSTEMATIC AND APPROPRIATE MANNER IN
2 ACCORDANCE WITH THIS ARTICLE, WHICH INCLUDE THE GRANT OF THE POWERS,
3 RIGHTS AND DUTIES PROVIDED HEREIN AND INCLUDING THE DELEGATION OF PART
4 OF THE SOVEREIGN POWER OF THE STATE; AND THAT THE CREATION OF THIS
5 PROGRAM, THE EXERCISE OF SUCH POWERS AND RIGHTS, THE PERFORMANCE OF SUCH
6 DUTIES, AND THE CARRYING OUT OF THE PURPOSES OF THE PROGRAM ARE IN ALL
7 RESPECTS FOR THE BENEFIT OF THE PEOPLE OF THE STATE AND ARE AND WILL
8 SERVE A PUBLIC PURPOSE AND WILL BE AN ESSENTIAL PUBLIC AND GOVERNMENTAL
9 FUNCTION.
10 S 6.03. DEFINITIONS. AS USED IN THIS ARTICLE:
11 1. "APPLICANT" IS THE LOCAL GOVERNMENT IN PARTNERSHIP WITH ONE OR MORE
12 ARTS CORPORATIONS WHICH HAS DESIGNATED A CULTURAL DEVELOPMENT AREA
13 PURSUANT TO LOCAL LAW, AS REQUIRED IN THIS ARTICLE, AND WHICH HAS
14 SUBMITTED THE DESIGNATION TO THE COMMISSIONER FOR APPROVAL.
15 2. "ANCILLARY BUSINESSES AND SERVICES" MEANS AND INCLUDES REHEARSAL
16 SPACE, PARKING, PARKS OR OTHER GREEN SPACE, RESTAURANT, BOUTIQUE, LIGHT
17 COMMERCIAL, OFFICE, HOUSING, WAREHOUSING, HOTEL OR MOTEL, OR ANY OTHER
18 BUSINESS OR SERVICE SHOWN IN THE APPLICANT'S DEVELOPMENT PLAN TO BE
19 DIRECTLY RELATED TO, BENEFITED BY, OR CAPABLE OF ENHANCING THE CONTINUA-
20 TION OR ENHANCEMENT OF ONE OR MORE ARTS CORPORATIONS WITHIN THE CULTURAL
21 DEVELOPMENT AREA, AND WHICH WILL THEREFORE ADD TO THE CAPACITY OF SUCH
22 CULTURAL DEVELOPMENT AREA TO PROVIDE A POSITIVE IMPACT IN THE FORM OF
23 DIRECT, INDIRECT, AND INDUCED REVENUES TO THE LOCAL ECONOMY, SHORT-TERM
24 AND LONG-TERM JOB CREATION, AND TO STATE AND LOCAL TAX REVENUES.
25 3. "CULTURAL DEVELOPMENT AREA" OR "CDA" IS AN AREA DESIGNATED AS A
26 CULTURAL DEVELOPMENT AREA PURSUANT TO THIS ARTICLE.
27 4. "ARTS CORPORATION" MEANS A CORPORATION WHICH HAS RECEIVED A
28 PROGRAM, OPERATING, OR OTHER GRANT FROM THE NEW YORK STATE COUNCIL FOR
29 THE ARTS IN THREE OF THE PRIOR FIVE YEARS, OR A CORPORATION CERTIFIED AS
30 AN ARTS CORPORATION BY THE LOCAL AREA ADMINISTRATOR AND THE CHAIRPERSON
31 OF THE NEW YORK STATE COUNCIL ON THE ARTS BECAUSE A MAJORITY OF ITS
32 ACTIVITIES ARE OR ARE PROPOSED TO BE ARTISTIC OR CULTURAL, WHICH TERMS
33 SHALL BE INTERPRETED AS BROADLY INCLUSIVE BY THE AREA ADMINISTRATOR AND
34 THE CHAIRPERSON. IN ADDITION, AND ANY OTHER PROVISION OF ANY OTHER LAW
35 TO THE CONTRARY, NOTHING HEREIN SHALL BE DEEMED TO PREVENT A CORPORATION
36 WHICH PROVIDES GALLERY OR EXHIBITION SPACE, ARTIST STUDIO SPACE, ARTIST
37 HOUSING AT BELOW MARKET RENT RATES, SPACE FOR PUBLIC ART PROJECTS AND
38 THEIR CONSTRUCTION, MUSIC RECORDING STUDIOS, FILM, VIDEO, CLASSROOM AND
39 STUDIO SPACE FOR ELEMENTARY, SECONDARY OR HIGHER EDUCATION INSTITUTIONS,
40 OR OTHER FACILITIES WHOSE PURPOSE IS TO EXPOSE THE PUBLIC TO, AND
41 ENCOURAGE THEIR PARTICIPATION IN THE ARTS, FROM QUALIFYING AS AN ARTS
42 CORPORATION.
43 5. "CHIEF EXECUTIVE" IS A COUNTY EXECUTIVE OR MANAGER OF A COUNTY, OR
44 IN A COUNTY NOT HAVING A COUNTY EXECUTIVE OR MANAGER, THE CHAIRPERSON OR
45 PRESIDING OFFICER OF THE COUNTY LEGISLATIVE BODY. IN THE CASE OF A CITY,
46 VILLAGE, OR TOWN, IT IS THE MAYOR OF A CITY OR VILLAGE, EXCEPT WHERE A
47 CITY OR VILLAGE HAS A MANAGER, IT SHALL MEAN SUCH A MANAGER, OR A SUPER-
48 VISOR OF A TOWN, EXCEPT WHERE A TOWN HAS A MANAGER, IN WHICH CASE IT
49 SHALL MEAN SUCH MANAGER.
50 6. "CHAIRPERSON" IS THE CHAIRPERSON OF THE NEW YORK STATE COUNCIL ON
51 THE ARTS.
52 7. "COMMISSIONER" IS THE COMMISSIONER OF THE DEPARTMENT OF ECONOMIC
53 DEVELOPMENT FOR THE STATE OF NEW YORK.
54 8. "DEPARTMENT" IS THE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR THE
55 STATE OF NEW YORK.
A. 3563 4
1 9. "CONSTRUCTION" MEANS THE ERECTION, BUILDING, ACQUISITION, ALTER-
2 ATION, RECONSTRUCTION, REHABILITATION, IMPROVEMENT, ENLARGEMENT OR
3 EXTENSION OF A CULTURAL FACILITY, INCLUDING ALL OR ANY PORTION OF
4 INFRASTRUCTURE AND FACILITIES RELATED THERETO, ANY AND ALL RECREATIONAL,
5 EDUCATIONAL, CULTURAL, OFFICE, LIVING, REHEARSAL, PARKING, RESTAURANT,
6 RETAIL, STORAGE AND OTHER FACILITIES NECESSARY OR DESIRABLE IN
7 CONNECTION WITH THE CULTURAL FACILITY; AND THE ENGINEERING, ARCHITEC-
8 TURAL, LEGAL, FISCAL AND ECONOMIC INVESTIGATIONS, STUDIES, SURVEYS,
9 DESIGNS, PLANS, DRAWINGS, SPECIFICATIONS, PROCEDURES, AND OTHER ACTIONS.
10 10. "CULTURAL FACILITY" MEANS ANY STRUCTURE, IMPROVEMENT, FURNISHING,
11 EQUIPMENT OR OTHER REAL OR PERSONAL PROPERTY THAT IS OR IS TO BE USED,
12 OWNED, OR OCCUPIED IN WHOLE OR IN PART, BUT IN NO CASE LESS THAN TWEN-
13 TY-FIVE PERCENT, BY AN ARTS CORPORATION, AS WELL AS ANY AND ALL RECRE-
14 ATIONAL, EDUCATIONAL, CULTURAL, OFFICE, LIVING, REHEARSAL, PARKING,
15 RESTAURANT, RETAIL, STORAGE AND OTHER FACILITIES NECESSARY OR DESIRABLE
16 IN CONNECTION WITH THE ACTIVITIES OF THE ARTS CORPORATION.
17 11. "CULTURAL FACILITY PROJECT" MEANS A PROJECT FOR THE CONSTRUCTION
18 OF A CULTURAL FACILITY.
19 12. "PERSON" MEANS ANY PERSON, INCLUDING INDIVIDUALS, FIRMS, PARTNER-
20 SHIPS, ASSOCIATIONS, PUBLIC UTILITIES, OR AUTHORITIES ORGANIZED OR
21 EXISTING UNDER THE LAWS OF THE STATE OR ANY OTHER STATE, EXCLUSIVE OF A
22 STATE AGENCY.
23 13. "REAL PROPERTY" MEANS LANDS, STRUCTURES, FRANCHISES AND INTERESTS
24 IN LAND, WATERS, LANDS UNDER WATER, RIPARIAN RIGHTS AND AIR-RIGHTS AND
25 ANY AND ALL THINGS AND RIGHTS INCLUDED WITHIN SAID TERM AND INCLUDES NOT
26 ONLY FEES SIMPLE ABSOLUTE BUT ALSO ANY AND ALL LESSER INTERESTS INCLUD-
27 ING BUT NOT LIMITED TO EASEMENTS, RIGHTS OF WAY, USES, LEASES, LICENSES
28 AND ALL OTHER INCORPOREAL HEREDITAMENTS AND EVERY ESTATE, INTEREST OR
29 RIGHT, LEGAL OR EQUITABLE, INCLUDING TERMS FOR YEARS AND LIENS THEREON
30 BY WAY OF JUDGMENTS, MORTGAGES OR OTHERWISE.
31 14. "COMMUNITY CULTURAL DEVELOPMENT PROJECTS" ARE PROJECTS SPONSORED
32 BY NOT-FOR-PROFIT ORGANIZATIONS WHICH HAVE BEEN APPROVED BY THE AREA
33 BOARD, WHICH WILL ADVANCE THE AREA DEVELOPMENT PLAN. FOR PURPOSES
34 DESCRIBED IN SUBDIVISION TWENTY OF SECTION TWO HUNDRED TEN, SUBSECTION
35 (L) OF SECTION SIX HUNDRED SIX, SUBSECTION (D) OF SECTION FOURTEEN
36 HUNDRED FIFTY-SIX AND SUBDIVISION (H) OF SECTION FIFTEEN HUNDRED ELEVEN
37 OF THE TAX LAW, SUCH PROJECTS SHALL BE LIMITED TO PROGRAMS SERVING AREA
38 RESIDENTS AND BUSINESSES; COMMUNITY DEVELOPMENT PROJECTS IN DIRECT
39 SUPPORT OF ECONOMIC DEVELOPMENT AND BUSINESS REVITALIZATION ACTIVITIES,
40 SUCH AS COMMERCIAL REVITALIZATION PROJECTS; AND BUSINESS DEVELOPMENT
41 ACTIVITIES OF LOCAL DEVELOPMENT CORPORATIONS.
42 15. "HUMAN RESOURCE DEVELOPMENT" IS JOB PREPARATION AND PLACEMENT,
43 SKILLS TRAINING AND EDUCATION FOR AREA RESIDENTS AND EMPLOYEES OF AREA
44 BUSINESSES, CHILD AND FAMILY CARE SERVICES AND FACILITIES, AND ACTIV-
45 ITIES TO IMPROVE THE HEALTH BENEFITS AND OTHER BENEFITS PROVIDED BY AREA
46 BUSINESSES TO THEIR EMPLOYEES.
47 16. "LOCAL CULTURAL DEVELOPMENT AREA ADMINISTRATIVE BOARD" IS THE
48 ENTITY DESIGNATED BY THE APPLICANT THAT IS RESPONSIBLE FOR MONITORING,
49 EVALUATING AND COORDINATING ALL CDA BENEFITS ON BEHALF OF THE APPLICANT.
50 SUCH ENTITY SHALL CONSIST OF AT LEAST SIX MEMBERS, NONE OF WHOM SHALL BE
51 THE CDA CERTIFICATION OFFICER, AND SHALL BE REPRESENTATIVE OF LOCAL
52 BUSINESSES, ORGANIZED LABOR, COMMUNITY ORGANIZATIONS, FINANCIAL INSTI-
53 TUTIONS, LOCAL EDUCATIONAL INSTITUTIONS AND RESIDENTS OF THE CDA.
54 17. "LOCAL CULTURAL DEVELOPMENT AREA CERTIFICATION OFFICER" IS THE
55 OFFICIAL DESIGNATED BY THE APPLICANT WHO IS RESPONSIBLE FOR JOINTLY
56 CERTIFYING AND DECERTIFYING TOGETHER WITH THE COMMISSIONER OR, AS APPRO-
A. 3563 5
1 PRIATE, THE CHAIRPERSON, THOSE ARTS CORPORATIONS AND SERVICES ELIGIBLE
2 TO RECEIVE BENEFITS PURSUANT TO THIS ARTICLE.
3 18. "LOCAL GOVERNMENT" IS A COUNTY, EXCEPT IN THE CASE OF A COUNTY
4 WHOLLY CONTAINED WITHIN A CITY IN WHICH CASE IT IS THE CITY.
5 19. "LOCALLY OWNED BUSINESS ENTERPRISE" IS A BUSINESS FIRM IN WHICH
6 THE TOTAL OWNERSHIP INTEREST HELD BY INDIVIDUALS WHO ARE FULL TIME BONA
7 FIDE RESIDENTS OF THE CDA IS MORE THAN EIGHTY PERCENT, WHOSE BUSINESS
8 ACTIVITIES ARE CONDUCTED IN A MANNER WHEREBY AT LEAST FIFTY PERCENT OF
9 THE ASSETS OF SUCH FIRM ARE LOCATED AND UTILIZED IN SUCH AREA, AND AT
10 LEAST FORTY PERCENT OF SUCH FIRM'S EMPLOYEES ARE PRINCIPALLY EMPLOYED IN
11 SUCH AREA; PROVIDED HOWEVER, FOR BUSINESS FIRMS LOCATED WITHIN AREAS
12 DESIGNATED IN A CITY SUCH INDIVIDUALS SHALL RESIDE WITHIN A COMMUNITY
13 PLANNING BOARD OR WITHIN TRADITIONAL NEIGHBORHOOD BOUNDARIES AND
14 PROVIDED FURTHER HOWEVER FOR BUSINESS FIRMS LOCATED WITHIN AREAS OUTSIDE
15 OF A CITY SUCH INDIVIDUALS MAY RESIDE IN THE COUNTY IN WHICH THE AREA IS
16 DESIGNATED.
17 20. "MINORITY GROUP MEMBER" IS A UNITED STATES CITIZEN OR PERMANENT
18 RESIDENT ALIEN WHO IS AND CAN DEMONSTRATE MEMBERSHIP IN ONE OF THE
19 FOLLOWING GROUPS: BLACK PERSONS HAVING ORIGINS IN ANY OF THE BLACK AFRI-
20 CAN RACIAL GROUPS; HISPANIC PERSONS OF MEXICAN, PUERTO RICAN, DOMINICAN,
21 CUBAN, CENTRAL OR SOUTH AMERICAN OF EITHER INDIAN OR HISPANIC ORIGIN,
22 REGARDLESS OF RACE; NATIVE AMERICAN OR ALASKAN NATIVE PERSONS HAVING
23 ORIGINS IN ANY OF THE ORIGINAL PEOPLES OF NORTH AMERICA; AND ASIAN AND
24 PACIFIC ISLANDER PERSONS HAVING ORIGINS IN ANY OF THE FAR EAST COUN-
25 TRIES, SOUTHEAST ASIA, THE INDIAN SUBCONTINENT OR THE PACIFIC ISLANDS.
26 21. "MINORITY-OWNED BUSINESS ENTERPRISE" IS AN INDEPENDENTLY OWNED AND
27 OPERATED SOLE PROPRIETORSHIP, PARTNERSHIP, CORPORATION, OR OTHER BUSI-
28 NESS ENTERPRISE AUTHORIZED TO DO BUSINESS IN THIS STATE WHICH IS AT
29 LEAST FIFTY-ONE PERCENT OWNED BY ONE OR MORE MINORITY GROUP MEMBERS, AND
30 SUCH MINORITY OWNERSHIP IS REAL, SUBSTANTIAL AND CONTINUING, AND SUCH
31 MINORITY OWNERSHIP HAS AND EXERCISES THE AUTHORITY TO CONTROL INDEPEND-
32 ENTLY THE DAY-TO-DAY BUSINESS DECISIONS OF THE ENTERPRISE.
33 22. "SINGLE ENTERPRISE" IS TWO OR MORE RELATED BUSINESS ENTERPRISES
34 CHARACTERIZED BY AN ABSENCE OF ARM'S LENGTH RELATIONSHIPS FOUND AMONG
35 ENTERPRISES THAT ARE NOT INTEGRATED. FACTORS TO BE CONSIDERED, AMONG
36 OTHER THINGS, IN DETERMINING THE EXISTENCE OF A SINGLE ENTERPRISE ARE
37 INTERRELATION OF OPERATIONS, COMMON MANAGEMENT, CENTRALIZED CONTROL OF
38 LABOR RELATIONS, COMMON OWNERSHIP AND COMMON FINANCIAL CONTROL.
39 23. "TARGETED EMPLOYEE" IS A NEW YORK RESIDENT WHO RECEIVES CDA WAGES
40 AND WHO IS (A) AN ELIGIBLE INDIVIDUAL UNDER THE PROVISION OF THE TARGET-
41 ED JOBS TAX CREDIT (SECTION FIFTY-ONE OF THE INTERNAL REVENUE CODE), (B)
42 ELIGIBLE FOR BENEFITS UNDER THE PROVISIONS OF THE JOB TRAINING PARTNER-
43 SHIP ACT (P.L. 97-300, AS AMENDED), (C) A RECIPIENT OF PUBLIC ASSISTANCE
44 BENEFITS, OR (D) AN INDIVIDUAL WHOSE INCOME IS BELOW THE MOST RECENTLY
45 ESTABLISHED POVERTY RATE PROMULGATED BY THE UNITED STATES DEPARTMENT OF
46 COMMERCE, OR A MEMBER OF A FAMILY WHOSE FAMILY INCOME IS BELOW THE MOST
47 RECENTLY ESTABLISHED POVERTY RATE PROMULGATED BY THE APPROPRIATE FEDERAL
48 AGENCY. AN INDIVIDUAL WHO SATISFIES THE CRITERIA SET FORTH IN PARAGRAPH
49 (A), (B) OR (D) OF THIS SUBDIVISION AT THE TIME OF INITIAL EMPLOYMENT IN
50 THE JOB WITH RESPECT TO WHICH THE CREDIT IS CLAIMED, OR WHO SATISFIES
51 THE CRITERION SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVISION AT SUCH
52 TIME OR AT ANY TIME WITHIN THE PREVIOUS TWO YEARS, SHALL BE A TARGETED
53 EMPLOYEE SO LONG AS SUCH INDIVIDUAL CONTINUES TO RECEIVE CDA WAGES.
54 24. "WOMEN-OWNED BUSINESS ENTERPRISE" IS AN INDEPENDENTLY OWNED AND
55 OPERATED SOLE PROPRIETORSHIP, PARTNERSHIP, CORPORATION, OR OTHER BUSI-
56 NESS ENTERPRISE AUTHORIZED TO DO BUSINESS IN THIS STATE WHICH IS AT
A. 3563 6
1 LEAST FIFTY-ONE PERCENT OWNED BY ONE OR MORE UNITED STATES CITIZENS OR
2 PERMANENT RESIDENT ALIENS WHO ARE WOMEN, AND SUCH OWNERSHIP IS REAL,
3 SUBSTANTIAL AND CONTINUING, AND SUCH OWNERSHIP HAS AND EXERCISES THE
4 AUTHORITY TO CONTROL INDEPENDENTLY THE DAY-TO-DAY BUSINESS DECISIONS OF
5 THE ENTERPRISE.
6 25. "AREA ADMINISTRATIVE ENTITY" IS A COMMUNITY-BASED LOCAL DEVELOP-
7 MENT CORPORATION OR ENTITY CONTRACTING WITH THE LOCAL CDA BOARD OR THE
8 MUNICIPALITY IN WHICH THE AREA IS LOCATED IN THOSE INSTANCES WHERE THE
9 MUNICIPALITY ACTIVELY PARTICIPATES IN THE LOCAL ADMINISTRATION OF THE
10 AREA PROGRAM.
11 S 6.04. DESIGNATION OF CULTURAL DEVELOPMENT AREA. THERE SHALL BE A
12 TOTAL OF NO FEWER THAN TWO BUT NO MORE THAN FOUR CULTURAL DEVELOPMENT
13 AREAS IN NEW YORK, LOCATED IN AND DESIGNATED BY THE GOVERNING BODY OF
14 ANY COUNTY. ON THE NEXT JANUARY FIRST SUCCEEDING THE EFFECTIVE DATE OF
15 THIS ARTICLE, EVERY COUNTY, CITY, TOWN OR VILLAGE ACTING ON RECOMMENDA-
16 TION OF ITS CHIEF EXECUTIVE, MAY DESIGNATE A CULTURAL DEVELOPMENT AREA.
17 SUCH DESIGNATION SHALL MEET THE CRITERIA AND PROCESS ESTABLISHED IN THIS
18 ARTICLE FOR DESIGNATION OF A CULTURAL DEVELOPMENT AREA, INCLUDING THE
19 PASSAGE OF A LOCAL LAW, BUT SHALL NOT BE EFFECTIVE UNTIL AFTER APPROVAL
20 IN WRITING BY THE COMMISSIONER. SUBMISSION TO THE COMMISSIONER FOR
21 APPROVAL MAY OCCUR AT ANY TIME PRIOR TO OR AFTER SUCH JANUARY FIRST
22 DATE, AND THE CULTURAL DEVELOPMENT AREA SHALL BECOME EFFECTIVE ON THE
23 PRIOR OR NEXT SUCCEEDING JANUARY FIRST NEAREST THE DATE OF SUCH WRITTEN
24 APPROVAL.
25 S 6.05. CRITERIA FOR CULTURAL DEVELOPMENT AREA DESIGNATION. 1. IN
26 DESIGNATING AN AREA AS A CULTURAL DEVELOPMENT AREA, A LOCAL GOVERNMENT
27 SHALL ADOPT A PLAN WHICH DEMONSTRATES HOW AN AREA MEETS THE CRITERIA
28 ESTABLISHED IN THIS ARTICLE FOR SUCH DESIGNATION, AND PROVIDES SUCH
29 OTHER DEMONSTRATIONS AS ARE REQUIRED BY THIS ARTICLE. SUCH PLAN SHALL BE
30 INCLUDED IN THE LOCAL LAW DESIGNATING A CULTURAL DEVELOPMENT AREA.
31 2. TO BE DESIGNATED AS A CULTURAL DEVELOPMENT AREA BY A LOCAL GOVERN-
32 MENT AN AREA:
33 (A) MUST BE CHARACTERIZED BY THE EXISTENCE OF ONE OR MORE ARTS CORPO-
34 RATIONS. SOLELY FOR THE PURPOSES OF AN APPLICATION, IT SHALL BE SUFFI-
35 CIENT FOR THE CHIEF EXECUTIVE OF THE LOCAL GOVERNMENT IN WHICH SUCH CDA
36 IS PROPOSED TO BE LOCATED TO CERTIFY ONE OR MORE ENTITIES AS AN ARTS
37 CORPORATION, OR TO CERTIFY THAT THE PROPOSED CDA WILL CONTAIN ONE OR
38 MORE ARTS CORPORATIONS WITHIN A YEAR OF ITS DESIGNATION;
39 (B) SHALL NOT EXCEED TWO SQUARE MILES, AND SHALL BE DEFINED BY ONE OR
40 MORE BORDERS AS DETERMINED BY THE APPLICANT, WHICH, WHERE APPROPRIATE,
41 SHALL INCLUDE MAJOR NATURAL OR MAN-MADE PHYSICAL BOUNDARIES, SUCH AS
42 BODIES OF WATER, RAILROAD LINES, OR LIMITED ACCESS HIGHWAYS. SUCH
43 BORDERS MUST BE CONTIGUOUS;
44 (C) SHALL INCLUDE AT LEAST TWENTY-FIVE PERCENT OF THE TOTAL LAND
45 AND/OR THE TOTAL SQUARE FOOTAGE OF FACILITIES AS VACANT, ABANDONED, OR
46 OTHERWISE AVAILABLE FOR COMMERCIAL DEVELOPMENT OR REDEVELOPMENT, OR
47 DEVELOPMENT OR REDEVELOPMENT OF APPROPRIATE ANCILLARY BUSINESSES AND
48 SERVICES.
49 LANDS NEARBY OR CONTIGUOUS TO CENSUS TRACTS OR BLOCK NUMBERING AREAS
50 DESCRIBED IN THIS SUBDIVISION MAY BE INCLUDED WITHIN A CULTURAL DEVELOP-
51 MENT AREA UPON APPROVAL BY THE COMMISSIONER IF THE APPLICANT SHALL
52 DEMONSTRATE TO THE COMMISSIONER'S SATISFACTION THAT SUCH ADDITIONAL
53 LANDS HAVE SIGNIFICANT POTENTIAL FOR ARTS AND CULTURAL DEVELOPMENT AND
54 JOB CREATION, WHICH WILL ENHANCE ECONOMIC REVITALIZATION OF THE AREA AND
55 BENEFIT AREA RESIDENTS.
A. 3563 7
1 3. THE PLAN SHALL DEMONSTRATE THAT THE CREATION OF A CULTURAL DEVELOP-
2 MENT AREA IS NECESSARY TO THE DEVELOPMENT, CONTINUATION, OR ENHANCEMENT
3 OF ONE OR MORE ARTS CORPORATIONS; OR NECESSARY TO THE PRESERVATION OF
4 CULTURAL HERITAGE; OR THE DEVELOPMENT, CONTINUATION, OR ENHANCEMENT OF
5 ARTS CORPORATIONS WITHIN SUCH AREA SHALL LEAD TO DEVELOPMENT WITHIN THE
6 AREA OF ADDITIONAL ARTS CORPORATIONS AND SERVICES, OR THE DEVELOPMENT OF
7 INFRASTRUCTURE THAT WILL STIMULATE THE DEVELOPMENT OF AN ARTS COMMUNITY
8 WITHIN THE CDA. ADDITIONALLY, THE PLAN SHALL DEMONSTRATE THAT THE DEVEL-
9 OPMENT, CONTINUATION, PRESERVATION, OR ENHANCEMENT OF ARTS AND CULTURAL
10 CORPORATIONS, CULTURAL FACILITIES, AND ANCILLARY BUSINESSES AND SERVICES
11 AS ENVISIONED THEREIN WILL HAVE A POSITIVE IMPACT IN THE FORM OF:
12 (A) DIRECT, INDIRECT, AND INDUCED REVENUES TO THE LOCAL ECONOMY,
13 INCLUDING SUBSTANTIAL PUBLIC AND PRIVATE COMMITMENTS TO A LONG-TERM
14 ECONOMIC REVITALIZATION PROGRAM FOR THE AREA;
15 (B) SHORT-TERM AND LONG-TERM JOB CREATION, INCLUDING THE POTENTIAL OF
16 THE AREA TO ATTRACT INVESTMENT THAT WILL PROVIDE EMPLOYMENT TO PERSONS
17 IN THE AREA WHO ARE UNEMPLOYED OR ECONOMICALLY DISADVANTAGED; PROVIDED,
18 HOWEVER, THAT MEASURES OF JOB CREATION SHALL BE ON A FULL-TIME EQUIV-
19 ALENCY BASIS;
20 (C) INCREASES IN PER CAPITA INCOME WITHIN THE AREA AND WITHIN THE
21 JURISDICTION OF THE LOCAL GOVERNMENT;
22 (D) RECLAMATION OF ABANDONED, UNUSED, OR UNDER-UTILIZED PROPERTY,
23 LAND, OR BUILDINGS;
24 (E) ENHANCEMENT OF STATE AND LOCAL TAX REVENUES; AND
25 (F) OTHER APPROPRIATE MEASURES OF INCREASED ECONOMIC ACTIVITY OR
26 CAPACITY THAT ARE CONSISTENT WITH THE SPIRIT AND INTENT OF THIS ARTICLE.
27 4. ADDITIONALLY, THE PLAN AND THE SUBMISSION TO THE COMMISSIONER FOR
28 APPROVAL OF THE AREA SHALL INCLUDE EVIDENCE OF PREVIOUS, CONCURRENT OR
29 PROPOSED ECONOMIC DEVELOPMENT INITIATIVES, WHICH WOULD EITHER SUPPLE-
30 MENT, OR BE ENHANCED BY, A CULTURE AREA; IDENTIFICATION OF SPECIFIC
31 INFRASTRUCTURE DEVELOPMENT, OR CAPITAL IMPROVEMENTS, AND THE INTENDED
32 USAGES THAT WILL BE SUPPORTED BY THE DESIGNATION OF THE AREA AS A CDA;
33 IDENTIFICATION OF ANY CAPITAL IMPROVEMENTS THAT MUST BE COMPLETED PRIOR
34 TO THE AVAILABILITY OF SUCH STRUCTURES FOR PUBLIC USE; AND A SPECIFIC
35 TIMELINE FOR THE COMPLETION OF SUCH PROJECTS, AND THE ANTICIPATED
36 OUTCOME OF CULTURE AREA DESIGNATION. THE APPLICANT SHALL DEMONSTRATE
37 LOCAL CAPACITY TO MANAGE SUCH A PROGRAM, DEMONSTRATE THE MANNER IN WHICH
38 THE OVERALL AREA PLAN ENUNCIATES THE NEEDS OF THE AREA AND SETS FORTH
39 PROPOSALS TO SOLVE THEM, AND THE MANNER IN WHICH PROGRESS IN IMPLEMENT-
40 ING THE AREA PLAN WILL BE ROUTINELY EVALUATED ON THE LOCAL LEVEL AND HOW
41 INFORMATION ESSENTIAL FOR PERIODIC EVALUATIONS WILL BE COMPILED. THE
42 PLAN SHALL FURTHER INCLUDE:
43 (A) A STATEMENT INDICATING HOW CDA DESIGNATION WOULD ASSIST IN THE
44 REVITALIZATION OF THE AREA IN WHICH SUCH AREA IS PROPOSED TO BE LOCATED;
45 (B) A DESCRIPTION OF THE METHOD BY WHICH INDUSTRIAL DEVELOPMENT AGEN-
46 CIES OR OTHER PUBLIC FINANCE AGENCIES SHALL GRANT A PREFERENCE FOR ALLO-
47 CATION OF PRIVATE ACTIVITY BONDING AUTHORITY FOR PROJECTS LOCATED IN THE
48 PROPOSED CDA;
49 (C) A DESCRIPTION OF PROPOSALS FOR INFRASTRUCTURE IMPROVEMENTS AND
50 INVESTMENTS AND A TIMETABLE FOR THEIR COMPLETION;
51 (D) A STATEMENT IDENTIFYING THOSE LOCAL TAX INCENTIVES PROPOSED TO BE
52 OFFERED WITHIN THE AREA;
53 (E) A DESCRIPTION OF A PROCEDURE TO EXPEDITE THE ISSUANCE OF ANY
54 REQUIRED LOCAL PERMITS OR LICENSES;
55 (F) A DESCRIPTION OF OTHER ACTIVITIES TO BE UNDERTAKEN BY MUNICIPAL
56 AGENCIES, BUSINESS ENTITIES, NOT-FOR-PROFIT CORPORATIONS,
A. 3563 8
1 COMMUNITY-BASED ORGANIZATIONS OR ANY OTHER PERSONS, WHICH ARE DESIGNED
2 TO PROMOTE PRIVATE SECTOR INVESTMENT AND JOB DEVELOPMENT IN THE CDA AND
3 A DESCRIPTION OF THE JOB TRAINING OR JOB PLACEMENT SERVICES TO BE MADE
4 AVAILABLE TO CDA RESIDENTS IN NEED OF SUCH TRAINING OR SERVICES;
5 (G) AN INVENTORY OF REAL PROPERTY LOCATED WITHIN THE PROPOSED CDA THAT
6 IS OWNED BY A MUNICIPALITY OR THE STATE AND IS CURRENTLY UNUSED BY THE
7 MUNICIPALITY OR THE STATE;
8 (H) A DESCRIPTION OF THE BUSINESS DEVELOPMENT PROGRAMS AND SERVICES TO
9 BE AVAILABLE TO STIMULATE THE CREATION OF NEW SMALL BUSINESSES, INCLUD-
10 ING NEW SMALL MINORITY AND WOMEN OWNED BUSINESS ENTERPRISES;
11 (I) A DESCRIPTION OF EFFORTS THAT WILL BE UNDERTAKEN TO PREVENT OR
12 DISCOURAGE THE DISPLACEMENT OF RESIDENTS OF THE PROPOSED CDA;
13 (J) A DESCRIPTION OF ACTIVITIES DESIGNED TO ENSURE THE MEANINGFUL
14 PARTICIPATION OF MINORITY-OWNED AND WOMEN-OWNED BUSINESS ENTERPRISES IN
15 CDA DEVELOPMENT ACTIVITIES;
16 (K) A DESCRIPTION OF PROVISIONS FOR THE PARTICIPATION OF NOT-FOR-PRO-
17 FIT CULTURAL AND BUSINESS CORPORATIONS IN THE DEVELOPMENT OF THE PLAN
18 AND IN STRATEGIES FOR IMPLEMENTATION OF THE PLAN;
19 (L) A DESCRIPTION OF THE MARKETING STRATEGY TO BE EMPLOYED BY THE
20 APPLICANT TO PROMOTE DEVELOPMENT IN THE AREA AND THE RESOURCES TO BE
21 COMMITTED BY THE APPLICANT AND OTHER ORGANIZATIONS TO THE IMPLEMENTATION
22 OF SUCH STRATEGY;
23 (M) A DESCRIPTION OF THE METHOD BY WHICH THE APPLICANT WILL EVALUATE
24 THE SUCCESS OF ANY ACTIVITIES TO BE UNDERTAKEN IN THE PROPOSED CDA,
25 PROVIDED, HOWEVER, THAT THE APPLICANT SHALL TAKE INTO CONSIDERATION THE
26 FACTORS UPON WHICH THE SELECTION OF THE AREA WAS BASED IN ANY EVALU-
27 ATION;
28 (N) A DESCRIPTION OF PROVISIONS FOR PARTICIPATION AND ALLOCATION OF
29 FUNDS BY THE AFFECTED SERVICE DELIVERY AREA PRIVATE INDUSTRY COUNCIL AND
30 ADMINISTRATIVE ENTITY ESTABLISHED PURSUANT TO THE JOB TRAINING PARTNER-
31 SHIP ACT (P.L. 97-300, AS AMENDED) TO PROVIDE JOB TRAINING IN THE AREA;
32 (O) A STATEMENT OF THE REASONS WHY THE PARTICULAR GEOGRAPHIC CONFIG-
33 URATION OF THE AREA WAS SELECTED;
34 (P) A DESCRIPTION OF THE STRUCTURE AND DUTIES OF THE LOCAL AREA ADMIN-
35 ISTRATIVE BOARD TO BE ESTABLISHED WITHIN EACH CDA AS PROVIDED IN THIS
36 ARTICLE;
37 (Q) A DESCRIPTION OF THE SPECIAL PROGRAMS TO BE OPERATED BY EDUCA-
38 TIONAL INSTITUTIONS AND OTHER TRAINING ENTITIES IN THE AREA TO PREPARE
39 AND TRAIN AREA RESIDENTS FOR EMPLOYMENT BY BUSINESSES LOCATED WITHIN AND
40 OUTSIDE THE AREA;
41 (R) A STATEMENT FROM THE APPROPRIATE REGIONAL ECONOMIC DEVELOPMENT
42 COUNCIL SETTING FORTH THE SPECIFIC RESOURCES TO BE ALLOCATED FOR BUSI-
43 NESS DEVELOPMENT IN THE AREA;
44 (S) A DESCRIPTION OF FACILITIES FOR LICENSED AND CERTIFIED CHILD DAY
45 CARE FOR THE CHILDREN OF PERSONS ENGAGED IN TRAINING FOR EMPLOYMENT IN,
46 OR EMPLOYED IN, THE AREA;
47 (T) A DESCRIPTION OF SPECIFIC STRATEGIES AND PRIORITIES FOR ECONOMIC
48 REVITALIZATION OF THE AREA AND OF INDICATORS TO BE USED TO MEASURE
49 PERFORMANCE AGAINST OBJECTIVES;
50 (U) A STATEMENT OF HUMAN RESOURCE DEVELOPMENT GOALS FOR THE CDA AND
51 SPECIFIC STRATEGIES FOR ACHIEVING THEM;
52 (V) A DESCRIPTION OF HOW THE APPLICANT WILL USE AREA DESIGNATION TO
53 COORDINATE ECONOMIC DEVELOPMENT PROGRAMS AND PROVIDERS AT THE LOCAL
54 LEVEL TO SERVICE THE AREA;
55 (W) A DESCRIPTION OF THE ORGANIZATIONAL ACTIONS TO BE TAKEN BY THE
56 LOCAL CDA ADMINISTRATIVE BOARD AND AREA ADMINISTRATIVE ENTITIES TO
A. 3563 9
1 IMPLEMENT SPECIFIED BUSINESS, COMMUNITY AND HUMAN RESOURCE DEVELOPMENT
2 GOALS AND STRATEGIES; AND
3 (X) A DESCRIPTION OF THE FINANCIAL COMMITMENTS WHICH THE APPLICANT IS
4 PREPARED TO MAKE TO THE AREA, INCLUDING, BUT NOT LIMITED TO, SPECIFIC
5 COMMITMENTS FOR INFRASTRUCTURE IMPROVEMENTS.
6 S 6.06. DESIGNATION OF CULTURAL ASSETS. 1. THERE SHALL BE A TOTAL OF
7 ONE HUNDRED CULTURAL ASSETS DESIGNATED IN NEW YORK, LOCATED IN AND
8 DESIGNATED BY THE GOVERNING BODY OF ANY COUNTY, CITY, TOWN OR VILLAGE,
9 PROVIDED, HOWEVER, THAT NO CULTURAL ASSET MAY BE LOCATED WITHIN THE
10 BOUNDARIES OF ANY DESIGNATED CULTURAL DEVELOPMENT AREA. ON THE NEXT
11 JANUARY FIRST SUCCEEDING THE EFFECTIVE DATE OF THIS ARTICLE, EVERY COUN-
12 TY, CITY, TOWN OR VILLAGE ACTING ON RECOMMENDATION OF ITS CHIEF EXECU-
13 TIVE, MAY DESIGNATE A CULTURAL ASSET. SUCH DESIGNATION SHALL MEET THE
14 CRITERIA AND PROCESS ESTABLISHED IN THIS ARTICLE FOR DESIGNATION OF A
15 CULTURAL DEVELOPMENT AREA, INCLUDING THE PASSAGE OF A LOCAL LAW, BUT
16 SHALL NOT BE EFFECTIVE UNTIL AFTER APPROVAL IN WRITING BY THE COMMIS-
17 SIONER. SUBMISSION TO THE COMMISSIONER FOR APPROVAL MAY OCCUR AT ANY
18 TIME PRIOR TO OR AFTER SUCH JANUARY FIRST DATE, AND THE CULTURAL ASSET
19 SHALL BECOME EFFECTIVE ON THE PRIOR OR NEXT SUCCEEDING JANUARY FIRST
20 NEAREST THE DATE OF SUCH WRITTEN APPROVAL.
21 2. A CULTURAL ASSET MAY BE ANY SINGLE BUILDING OWNED IN WHOLE OR IN
22 PART BY AN ARTS CORPORATION THE PURPOSE FOR WHICH IS THE PRESENTATION OR
23 EXHIBITION OR CREATION OF ARTISTIC OR CULTURAL PERFORMANCES OR EXHIBITS
24 TO THE PUBLIC.
25 S 6.07. CRITERIA FOR DESIGNATION OF A CULTURAL ASSET. THE COMMISSIONER
26 SHALL ESTABLISH A SET OF CRITERIA FOR THE DESIGNATION OF A CULTURAL
27 ASSET CONSISTENT WITH THOSE CRITERIA ESTABLISHED IN SECTION 6.05 OF THIS
28 ARTICLE, PROVIDED THAT THE COMMISSIONER SHALL ADOPT THE PROVISIONS OF
29 THAT SECTION AS NECESSARY FOR THE DESIGNATION OF CULTURAL ASSETS.
30 S 6.08. RESPONSIBILITIES OF THE COMMISSIONER. THE COMMISSIONER SHALL:
31 1. AFTER CONSULTATION WITH THE DIRECTOR OF THE BUDGET, THE COMMISSION-
32 ER OF TAXATION AND FINANCE, AND THE CHAIRPERSON OF THE COUNCIL ON THE
33 ARTS, PROMULGATE REGULATIONS WHICH SHALL NOT EXCEED THE REQUIREMENTS
34 ESTABLISHED IN THIS ARTICLE, GOVERNING CRITERIA FOR ELIGIBILITY FOR
35 CULTURAL DEVELOPMENT AREA DESIGNATION, PROVIDED, HOWEVER, THAT SUCH
36 CRITERIA BE APPROVED BY THE DIRECTOR OF THE BUDGET; THE APPLICATION
37 PROCESS; AND THE CERTIFICATION OR, AS APPROPRIATE, THE ELIGIBILITY, OF
38 ARTS CORPORATIONS, CULTURAL FACILITIES, AND SERVICES FOR BENEFITS
39 REFERRED TO IN THIS ARTICLE.
40 2. PROMULGATE REGULATIONS, AFTER CONSULTATION WITH THE CHAIRPERSON OF
41 THE COUNCIL ON THE ARTS CONCERNING JOINT DECERTIFICATION BY THE COMMIS-
42 SIONER AND THE LOCAL AREA CERTIFICATION OFFICER SO AS TO REVOKE THE
43 CERTIFICATION OF ARTS CORPORATIONS FOR BENEFITS REFERRED TO IN THIS
44 ARTICLE UPON A FINDING THAT THE ARTS CORPORATION:
45 (A) MADE MATERIAL MISREPRESENTATIONS OF FACT ON ITS APPLICATION FOR
46 CERTIFICATION, OR FAILED TO DISCLOSE FACTS IN ITS APPLICATION FOR
47 CERTIFICATION THAT WOULD CONSTITUTE GROUNDS FOR NOT ISSUING A CERTIF-
48 ICATION;
49 (B) FAILED TO CONSTRUCT, EXPAND, REHABILITATE OR OPERATE ITS FACILITY
50 SUBSTANTIALLY IN ACCORDANCE WITH THE REPRESENTATIONS CONTAINED IN ITS
51 APPLICATION FOR CERTIFICATION;
52 (C) FAILED TO SUBMIT AN ANNUAL REPORT OR FAILED TO SUBMIT OTHER
53 REQUIRED INFORMATION TO THE LOCAL CERTIFICATION OFFICER WHEN DUE; OR
54 (D) COMMITTED SUBSTANTIAL VIOLATIONS OF LAWS FOR THE PROTECTION OF
55 WORKERS INCLUDING ALL FEDERAL, STATE AND LOCAL LABOR LAWS, RULES OR
56 REGULATIONS.
A. 3563 10
1 SUCH REGULATIONS SHALL PROVIDE THAT WHENEVER ANY ARTS CORPORATION IS
2 DECERTIFIED THE DATE DETERMINED TO BE THE EARLIEST EVENT CONSTITUTING
3 GROUNDS FOR REVOKING CERTIFICATION SHALL BE THE EFFECTIVE DATE OF DECER-
4 TIFICATION, AND THE COMMISSIONER SHALL NOTIFY THE COMMISSIONER OF TAXA-
5 TION AND FINANCE THAT SUCH DECERTIFICATION HAS OCCURRED, AND SUCH
6 NOTIFICATION SHOULD INCLUDE THE EFFECTIVE DATE OF SUCH DECERTIFICATION
7 AND THE AREA TO WHICH SUCH DECERTIFICATION APPLIES.
8 3. RECEIVE AND REVIEW APPLICATIONS FOR DESIGNATION OF AREAS AS CDAS,
9 INCLUDING NEW APPLICATIONS TO REPLACE ANY PREVIOUSLY DESIGNATED AREA THE
10 DESIGNATION OF WHICH HAS BEEN TERMINATED OR WITHDRAWN.
11 4. FILE NOTICE OF THE DESIGNATION OR REDESIGNATION OF A CDA OR OF THE
12 REVISION OR TERMINATION OF SUCH DESIGNATION WITH THE APPLICANT, THE
13 DEPARTMENT OF TAXATION AND FINANCE, THE SECRETARY OF STATE, WITH THE
14 COUNTY, CITY, TOWN OR VILLAGE CLERK OF EACH COUNTY, CITY, TOWN, OR
15 VILLAGE, RESPECTIVELY, IN WHICH THE CDA IS LOCATED, WITH THE SCHOOL
16 DISTRICT GOVERNING BODY IN WHICH THE AREA IS LOCATED, WITH THE STATE
17 BOARD OF REAL PROPERTY SERVICES AND WITH OTHER STATE AND LOCAL ENTITIES.
18 SUCH NOTICE SHALL SPECIFY THE DATE SUCH ACTION WAS TAKEN AND SHALL
19 CONTAIN A DESCRIPTION SUFFICIENT TO IDENTIFY THE AREA, INCLUDING THE
20 NAMES OF THE ABUTTING STREETS, ROADS, HIGHWAYS, BODIES OF WATER, OR
21 OTHER IDENTIFYING PHYSICAL FEATURES.
22 5. REQUEST, AND SHALL RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD,
23 BUREAU, COMMISSION, AGENCY OR PUBLIC AUTHORITY OF THE STATE SUCH ASSIST-
24 ANCE AS MAY BE NECESSARY TO ESTABLISH A PROCEDURE WHEREBY APPLICATIONS
25 SUBMITTED BY ENTITIES LOCATED WITHIN A CDA REQUESTING FINANCIAL AND
26 OTHER ASSISTANCE PROVIDED BY STATE PROGRAMS, INCLUDING, BUT NOT LIMITED
27 TO, CAPITAL DEVELOPMENT, HUMAN RESOURCE DEVELOPMENT, BUSINESS ASSIST-
28 ANCE, JOB TRAINING AND JOB PLACEMENT, SHALL, CONSISTENT WITH FEDERAL
29 LAW, BE GIVEN PRIORITY OVER APPLICATIONS SUBMITTED BY ENTITIES NOT
30 LOCATED IN SUCH AREAS.
31 6. ESTABLISH A PRIORITY FOR THE ALLOCATION OF AUTHORITY TO ISSUE
32 PRIVATE ACTIVITY BONDS FOR THE BENEFIT OF MUNICIPALITIES AND ARTS CORPO-
33 RATIONS LOCATED OR TO BE LOCATED WITHIN CULTURAL DEVELOPMENT AREAS.
34 7. COORDINATE, WITH THE LOCAL AREA ADMINISTRATIVE BOARD AND STATE
35 AGENCIES AND AUTHORITIES, THE PROVISION OF DEVELOPMENT PROGRAMS AND
36 SERVICES FOR EACH AREA IN ORDER TO STIMULATE THE CREATION AND DEVELOP-
37 MENT OF NEW ARTS CORPORATIONS, CULTURAL FACILITIES, AND SERVICES,
38 INCLUDING NEW SMALL MINORITY-OWNED AND WOMEN-OWNED BUSINESS ENTERPRISES,
39 AND MAY REQUEST AND SHALL RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD,
40 BUREAU, COMMISSION, AGENCY OR PUBLIC AUTHORITY OF THE STATE SUCH ASSIST-
41 ANCE AS MAY BE NECESSARY.
42 8. COORDINATE WITH THE COMPTROLLER AND THE COMMISSIONER OF TAXATION
43 AND FINANCE A LINKED DEPOSIT PROGRAM. THE COMPTROLLER AND THE COMMIS-
44 SIONER OF TAXATION AND FINANCE ARE HEREBY AUTHORIZED AND EMPOWERED TO
45 ENTER INTO AGREEMENTS WITH FINANCIAL INSTITUTIONS LOCATED IN OR SERVING
46 THE CDAS, TO PROVIDE FOR THE DEPOSIT OF FUNDS ADMINISTERED JOINTLY BY
47 THEM IN SUCH INSTITUTIONS, AT REDUCED RATES OF RETURN TO THE STATE, IN
48 RETURN FOR COMMITMENTS BY SUCH INSTITUTIONS TO BUSINESSES OF LOANS OF
49 COMPARABLE AMOUNTS, AT REDUCED INTEREST RATES, FOR BUSINESS DEVELOPMENT
50 PROJECTS IN THE AREAS THAT WILL CREATE OR PRESERVE JOBS.
51 9. ASSIST EACH LOCAL CDA BOARD IN PREPARING A DEVELOPMENT PLAN AS
52 REQUIRED BY THIS ARTICLE AND COORDINATE WITH THE LOCAL AREA ADMINISTRA-
53 TIVE BOARD AND STATE AGENCIES AND AUTHORITIES THE DEVELOPMENT OF ARTS
54 CORPORATION AND CULTURAL FACILITIES PROCUREMENT, EXPORT, AND MARKETING
55 PROGRAMS.
A. 3563 11
1 10. CONTRACT WITH A STATEWIDE ARTS GROUP WHICH HAS HAD EXPERIENCE IN
2 THE DEVELOPMENT OF CULTURAL DEVELOPMENT AREAS IN NEW YORK FOR PROGRAM
3 EVALUATION AND COORDINATE THE IMPLEMENTATION OF AN EVALUATION SYSTEM,
4 WHICH IS CAPABLE OF COMPILING AND ANALYZING ACCURATE AND CONSISTENT
5 INFORMATION NECESSARY FOR AN ASSESSMENT OF WHETHER STATUTORY OBJECTIVES
6 AND CRITERIA ARE BEING MET.
7 11. REVIEW PERFORMANCE OBJECTIVES AND PROGRESS IN MEETING OBJECTIVES
8 WITH CDA BOARDS AND AREA ADMINISTRATIVE ENTITIES AS PART OF THE ANNUAL
9 ADMINISTRATIVE CONTRACT PROCESS.
10 12. COORDINATE WITH THE DEPARTMENT OF LABOR, THE STATE EDUCATION
11 DEPARTMENT, THE JOB TRAINING PARTNERSHIP COUNCIL AND AGENCIES OF THE
12 STATE THE INCLUSION IN ANNUAL AND BIENNIAL PLANS OF SUCH ENTITIES' STRA-
13 TEGIES FOR INCREASING AND IMPROVING HUMAN RESOURCE DEVELOPMENT SERVICES
14 ON A PRIORITY BASIS, CONSISTENT WITH FEDERAL STATUTORY AND REGULATORY
15 REQUIREMENTS, TO RESIDENTS OF THE AREAS AND EMPLOYEES OF AREA BUSI-
16 NESSES, INCLUDING, BUT NOT LIMITED TO, THE GOVERNOR'S PLAN FOR COORDI-
17 NATION AND SPECIAL SERVICES OF THE JOB TRAINING PARTNERSHIP COUNCIL, THE
18 JOBS PLAN AND WAGNER-PEYSER ANNUAL PLAN FOR SERVICES OF THE DEPARTMENT
19 OF LABOR, AND THE CAREER EDUCATION STATE PLAN OF THE STATE EDUCATION
20 DEPARTMENT.
21 13. ARRANGE WITH THE JOB TRAINING PARTNERSHIP COUNCIL THE PROVISION OF
22 JOB TRAINING PARTNERSHIP ACT FUNDS FOR USE WITHIN THE AREAS WITH THE
23 COOPERATION OF THE SERVICE DELIVERY AREAS IN THE GOVERNOR'S PLAN FOR
24 COORDINATION AND SPECIAL SERVICES.
25 14. SUBJECT TO THE AVAILABILITY OF FUNDS, ARRANGE FOR THE ALLOCATION
26 AND RESERVATION OF FUNDS FROM THE INFRASTRUCTURE IMPROVEMENT PROGRAMS OF
27 STATE AGENCIES AND AUTHORITIES TO ASSIST THE AREAS TO MAKE PUBLIC
28 IMPROVEMENTS NECESSARY FOR COMMUNITY, COMMERCIAL, INDUSTRIAL AND TOURISM
29 DEVELOPMENT PROJECTS IN SUPPORT OF AREA REVITALIZATION.
30 15. SYSTEMATICALLY ENLIST OTHER STATE AGENCIES AND AUTHORITIES TO
31 PARTICIPATE IN AREA PROGRAMS AND PROJECTS AND IN COOPERATIVE PLANNING OF
32 INTERAGENCY AREA ACTIVITIES IN SUPPORT OF AREA REVITALIZATION EFFORTS.
33 16. RECOMMEND FOR EMPIRE LOAN AND GRANT PROGRAMS OF THE DEPARTMENT OF
34 ECONOMIC DEVELOPMENT, URBAN DEVELOPMENT CORPORATION, JOB DEVELOPMENT
35 AUTHORITY, AND THE OFFICE OF SCIENCE, TECHNOLOGY AND ACADEMIC RESEARCH
36 SPECIAL TERMS AND CONDITIONS FOR VIABLE AREA PROJECTS AND PROGRAMS.
37 17. AWARD PREFERENCE TO BE GIVEN TO APPLICATIONS SUBMITTED BY OR ON
38 BEHALF OF AREAS FOR ENTREPRENEURIAL ASSISTANCE PROGRAMS UNDER ARTICLE
39 NINE OF THE ECONOMIC DEVELOPMENT LAW TO SUPPORT THE CREATION OF NEW
40 ENTREPRENEURIAL DEVELOPMENT AND ENTREPRENEURIAL SUPPORT CENTERS.
41 18. COORDINATE WITH THE URBAN DEVELOPMENT CORPORATION THE CREATION OF
42 A SPECIAL CATEGORY OF ASSISTANCE FOR AREAS WITHIN THE REGIONAL ECONOMIC
43 DEVELOPMENT PARTNERSHIP PROGRAM, WHICH WILL MAKE AVAILABLE ECONOMIC
44 DEVELOPMENT ASSISTANCE GRANTS FOR AREA PROGRAMS AND ACTIVITIES, INCLUD-
45 ING, BUT NOT LIMITED TO, PLANNING, SERVICE COORDINATION, AND LOCAL
46 INSTITUTIONAL CAPACITY BUILDING FOR HUMAN RESOURCE DEVELOPMENT NECESSARY
47 FOR ECONOMIC REVITALIZATION; PLANNING AND DEVELOPMENT OF SMALL BUSINESS
48 INCUBATORS; JOB PLACEMENT AND PREPAREDNESS PROGRAMS FOR AREA RESIDENTS;
49 EDUCATION AND TRAINING PROGRAMS FOR AREA BUSINESSES; CHILD CARE PROGRAMS
50 AND PROJECTS SUPPORTIVE OF BUSINESS DEVELOPMENT; TECHNICAL ASSISTANCE
51 FOR MINORITY AND WOMEN-OWNED BUSINESS DEVELOPMENT; TRAINING FOR AREA
52 OFFICIALS; BUSINESS AND TOURISM DEVELOPMENT AND MARKETING PROGRAMS; AND
53 OTHER INNOVATIVE PROGRAMS AND ACTIVITIES IN SUPPORT OF ECONOMIC AND
54 COMMUNITY DEVELOPMENT WITHIN THE AREAS.
55 19. ASSIST IN THE DEVELOPMENT OF A PLAN, IN COORDINATION WITH THE
56 HEALTH AND INSURANCE DEPARTMENTS, AND THE COUNCIL ON THE ARTS, TO ASSIST
A. 3563 12
1 AREAS IN OBTAINING AFFORDABLE EMPLOYEE HEALTH INSURANCE FOR ARTS CORPO-
2 RATIONS LOCATED WITHIN THE AREA.
3 S 6.09. NEW YORK STATE CULTURAL DEVELOPMENT AREAS ADVISORY COUNCIL.
4 THERE IS HEREBY ESTABLISHED THE NEW YORK STATE CULTURAL DEVELOPMENT
5 AREAS ADVISORY COUNCIL, TO BE COMPRISED OF ELEVEN MEMBERS APPOINTED BY
6 THE GOVERNOR. MEMBERS OF THE COUNCIL SHALL INCLUDE: THE COMMISSIONER OR
7 HIS OR HER DESIGNEE; THE CHAIRPERSON OF THE NEW YORK STATE COUNCIL ON
8 THE ARTS OR HIS OR HER DESIGNEE; THE CHAIRPERSON OF THE NEW YORK STATE
9 TOURISM ADVISORY COUNCIL OR HIS OR HER DESIGNEE; THREE MEMBERS SHALL BE
10 APPOINTED UPON THE RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE
11 SENATE; ONE MEMBER SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE
12 MINORITY LEADER OF THE SENATE; THREE MEMBERS SHALL BE APPOINTED UPON THE
13 RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY; AND ONE MEMBER SHALL BE
14 APPOINTED UPON THE RECOMMENDATION OF THE MINORITY LEADER OF THE ASSEM-
15 BLY. THE MEMBERS OF THE COUNCIL SHALL SERVE FOR TERMS OF TWO YEARS,
16 PROVIDED, HOWEVER, THAT OF THE MEMBERS FIRST APPOINTED, SIX SHALL SERVE
17 FOR TWO YEARS AND FIVE SHALL SERVE FOR THREE YEARS. MEMBERS SHALL
18 RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT SHALL BE ALLOWED THEIR
19 ACTUAL, NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES
20 AS COUNCIL MEMBERS. THE GOVERNOR SHALL DESIGNATE A CHAIRPERSON FROM THE
21 MEMBERS OF THE COUNCIL. THE MEMBERS OF THE COUNCIL SHALL ELECT ONE
22 PERSON TO SERVE AS THE VICE-CHAIRPERSON. THE VICE-CHAIRPERSON SHALL
23 REPRESENT THE COUNCIL IN THE ABSENCE OF THE CHAIRPERSON AT ALL OFFICIAL
24 COUNCIL FUNCTIONS. IN APPOINTING MEMBERS TO THE COUNCIL, THE GOVERNOR
25 SHALL ENSURE THAT SUCH MEMBERS INCLUDE REPRESENTATIVES OF ORGANIZATIONS
26 OF ARTS AND CULTURAL RELATED INDUSTRIES IN THE STATE, REPRESENTATIVES
27 WITH DISTINGUISHED ECONOMIC DEVELOPMENT BACKGROUNDS, AND REPRESENTATIVES
28 IN THE TOURISM INDUSTRY IN THE STATE. THE COUNCIL SHALL MEET AT LEAST
29 QUARTERLY, AT THE CALL OF THE COMMISSIONER OR AT THE CALL OF THE CHAIR
30 OF THE COUNCIL. THE DEPARTMENT AND THE STATE COUNCIL ON THE ARTS SHALL
31 PROVIDE TO THE COUNCIL ANY ASSISTANCE NECESSARY. THE PURPOSE OF THE
32 COUNCIL SHALL BE TO ADVISE LOCAL GOVERNMENTS ON APPLICATION FOR CULTURAL
33 DEVELOPMENT AREAS, TO PROVIDE ASSISTANCE IN COMPLETING AN APPLICATION
34 FOR DESIGNATION OF A CDA (INCLUDING AIDING APPLICANTS IN RECTIFYING AN
35 APPLICATION WHICH HAS NOT BEEN APPROVED BY THE COMMISSIONER), AND TO
36 MAKE RECOMMENDATIONS TO THE DEPARTMENT ON CULTURAL DEVELOPMENT AREAS. IN
37 CARRYING OUT ITS RESPONSIBILITIES PURSUANT TO THIS SECTION, THE COUNCIL
38 SHALL ASSIST THE DEPARTMENT IN OBTAINING ANY INFORMATION AS MAY BE
39 NECESSARY FOR APPROVING A CULTURAL DEVELOPMENT AREA.
40 S 6.10. NEW YORK STATE CULTURAL DEVELOPMENT AREAS EVALUATION. THE
41 COMMISSIONER SHALL CONTRACT WITH A STATEWIDE ARTS ORGANIZATION ENTITY
42 INDEPENDENT OF THE DEPARTMENT, AS REQUIRED BY THIS ARTICLE, TO CONDUCT
43 AND SUBMIT TO THE GOVERNOR AND THE LEGISLATURE BY NO LATER THAN DECEMBER
44 THIRTY-FIRST, TWO THOUSAND THIRTEEN, A COMPREHENSIVE EVALUATION OF THE
45 PERFORMANCE OF THE AREAS PROGRAM AND OF INDIVIDUAL AREAS ON MEETING
46 CRITERIA ESTABLISHED PURSUANT TO THIS ARTICLE. THE EVALUATION SHALL
47 INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
48 1. WHETHER QUANTIFIABLE BENEFITS ATTRIBUTABLE TO THE PROGRAM JUSTIFY
49 ITS DIRECT COSTS TO THE STATE AND PARTICIPATING LOCALITIES.
50 2. WHETHER THE PROGRAM HAS CONTRIBUTED TO THE ECONOMIC REVITALIZATION
51 OF THE AREAS BY STIMULATING:
52 (A) THE CREATION AND RETENTION OF PERMANENT, FULL-TIME, QUALITY JOBS,
53 AS MEASURED ON A FULL-TIME EQUIVALENCY BASIS;
54 (B) THE CREATION, LOCATION AND EXPANSION OF ARTS CORPORATIONS,
55 CULTURAL FACILITIES, AND ANCILLARY BUSINESSES AND SERVICES IN THE AREAS;
A. 3563 13
1 (C) CAPITAL AND HUMAN RESOURCE INVESTMENTS BY AREA ENTITIES, INCLUDING
2 ARTS CORPORATIONS, CULTURAL FACILITIES, AND ANCILLARY BUSINESSES AND
3 SERVICES, AND BUSINESS DEVELOPMENT, INCLUDING TOURISM DEVELOPMENT, WITH-
4 IN THE AREAS AND THE SURROUNDING AREAS; AND
5 (D) PUBLIC AND PRIVATE INVESTMENTS IN AREA ENTITIES, INCLUDING ARTS
6 CORPORATIONS, CULTURAL FACILITIES, AND ANCILLARY BUSINESSES AND
7 SERVICES, AND ECONOMIC AND COMMUNITY DEVELOPMENT ACTIVITIES IMPORTANT
8 FOR ECONOMIC REVITALIZATION.
9 3. WHETHER THE PROGRAM HAS CREATED EMPLOYMENT AND ARTS CORPORATIONS,
10 CULTURAL FACILITIES, AND ANCILLARY BUSINESSES AND SERVICES DEVELOPMENT
11 OPPORTUNITIES FOR RESIDENTS OF THE AREAS AND JOB TRAINING OPPORTUNITIES
12 FOR RESIDENTS AND EMPLOYEES OF SUCH AREA ENTITIES.
13 4. WHETHER THE PROGRAM HAS:
14 (A) RESULTED IN NEW AND IMPROVED LOCAL ADMINISTRATIVE CAPACITY WITHIN
15 THE AREAS TO PLAN FOR AND CAPTURE ECONOMIC OPPORTUNITIES AND DELIVER AND
16 COORDINATE ECONOMIC, COMMUNITY AND HUMAN RESOURCE DEVELOPMENT SERVICES,
17 AND
18 (B) INCREASED COMMITMENTS OF LOCAL RESOURCES TO AREA REVITALIZATION,
19 INCLUDING SUPPORT FROM THE BUSINESS COMMUNITY.
20 5. WHETHER THE PROGRAM HAS STIMULATED ASSISTANCE FROM STATE, FEDERAL
21 AND OTHER ECONOMIC, COMMUNITY AND HUMAN RESOURCE DEVELOPMENT PROGRAMS
22 RELATIVE TO OTHER AREAS AND IMPROVED THE DELIVERY AND COORDINATION OF
23 STATE SERVICES TO THE AREAS.
24 6. WHETHER THE PROGRAM IS BEING MANAGED AND EVALUATED EFFECTIVELY AT
25 STATE AND LOCAL LEVELS.
26 S 6.11. SPECIAL PROVISIONS RELATING TO CULTURAL DEVELOPMENT AREAS.
27 BENEFITS PROVIDED TO ENTITIES AND ACTIVITIES WITHIN A CULTURAL DEVELOP-
28 MENT AREA INCLUDE THE FOLLOWING:
29 1. REAL PROPERTY TAXES. A CULTURAL FACILITY PROJECT IN A CULTURAL
30 DEVELOPMENT AREA SHALL BE ELIGIBLE FOR A REAL PROPERTY TAX EXEMPTION
31 PURSUANT TO SECTION FOUR HUNDRED EIGHTY-FIVE-E OF THE REAL PROPERTY TAX
32 LAW, AS IF SUCH PROJECT WERE REAL PROPERTY CONSTRUCTED, ALTERED,
33 INSTALLED OR IMPROVED IN AN EMPIRE ZONE. SOLELY FOR PURPOSES OF BENEFITS
34 PROVIDED PURSUANT TO THIS ARTICLE, AND ANY OTHER PROVISION OF ANY OTHER
35 LAW TO THE CONTRARY NOTWITHSTANDING, THE TERM "EMPIRE ZONE" IN SUCH
36 SECTION FOUR HUNDRED EIGHTY-FIVE-E SHALL BE DEEMED TO INCLUDE A CULTURAL
37 DEVELOPMENT AREA, AND REAL PROPERTY ELIGIBLE FOR SUCH EXEMPTION SHALL BE
38 LIMITED TO A CULTURAL FACILITY, AS DEFINED IN SECTION 6.03 OF THIS ARTI-
39 CLE.
40 2. CERTAIN UTILITY TAXES. AN ARTS CORPORATION, A CULTURAL FACILITY
41 PROJECT, OR A PARTNERSHIP IN WHICH AN ARTS CORPORATION IS A PARTNER IN A
42 CULTURAL DEVELOPMENT AREA SHALL BE ELIGIBLE FOR THE REDUCTION IN UTILITY
43 COSTS OF NON-RETAIL BUSINESS CUSTOMERS AND A CORRELATIVE TAX CREDIT
44 PROVIDED TO NON-RETAIL BUSINESS CUSTOMERS IN AN EMPIRE ZONE PURSUANT TO
45 SUBDIVISION EIGHT OF SECTION ONE HUNDRED EIGHTY-SIX-A OF THE TAX LAW.
46 SOLELY FOR PURPOSES OF BENEFITS PROVIDED PURSUANT TO THIS ARTICLE, AND
47 ANY OTHER PROVISION OF ANY OTHER LAW TO THE CONTRARY NOTWITHSTANDING,
48 THE TERM "EMPIRE ZONE" IN SUCH SECTION ONE HUNDRED EIGHTY-SIX-A OF THE
49 TAX LAW SHALL BE DEEMED TO INCLUDE A CULTURAL DEVELOPMENT AREA, AND
50 NON-RETAIL BUSINESS CUSTOMERS ELIGIBLE FOR SUCH EXEMPTION SHALL BE
51 LIMITED TO AND SHALL MEAN AND INCLUDE AN ARTS CORPORATION, A CULTURAL
52 FACILITY PROJECT, OR ANCILLARY BUSINESS AND SERVICES, AS DEFINED IN
53 SECTION 6.03 OF THIS ARTICLE, WITHOUT REGARD TO WHETHER SUCH ENTITY IS
54 RETAIL OR NON-RETAIL.
55 3. INVESTMENT TAX CREDIT AND EMPLOYMENT INCENTIVE CREDIT. AN ARTS
56 CORPORATION OR A CULTURAL FACILITY PROJECT IN A CULTURAL DEVELOPMENT
A. 3563 14
1 AREA SHALL BE ELIGIBLE FOR CREDITS AGAINST THE TAX IMPOSED UNDER ARTICLE
2 NINE-A OF THE TAX LAW (FRANCHISE TAX), BASED ON INVESTMENTS IN CERTAIN
3 ELIGIBLE PROPERTY IN A CULTURAL DEVELOPMENT AREA, TO THE EXTENT THAT A
4 TAXPAYER WOULD BE ELIGIBLE FOR CREDITS AGAINST THE TAX IMPOSED UNDER
5 ARTICLE NINE-A OF THE TAX LAW, BASED ON INVESTMENTS IN CERTAIN ELIGIBLE
6 PROPERTY IN AN EMPIRE ZONE, PURSUANT TO SUBDIVISIONS TWELVE-B AND
7 TWELVE-C OF SECTION TWO HUNDRED TEN OF THE TAX LAW. SOLELY FOR PURPOSES
8 OF BENEFITS PROVIDED PURSUANT TO THIS ARTICLE, AND ANY OTHER PROVISION
9 OF ANY OTHER LAW TO THE CONTRARY NOTWITHSTANDING, THE TERM "EMPIRE ZONE"
10 USED IN SUCH SUBDIVISIONS TWELVE-B AND TWELVE-C OF SECTION TWO HUNDRED
11 TEN OF THE TAX LAW SHALL BE DEEMED TO INCLUDE A CULTURAL DEVELOPMENT
12 AREA, AND TAXPAYERS ELIGIBLE FOR SUCH CREDIT SHALL BE LIMITED TO AND
13 SHALL MEAN AND INCLUDE AN ARTS CORPORATION, A CULTURAL FACILITY PROJECT,
14 OR A PARTNERSHIP IN WHICH THE ARTS CORPORATION IS A PARTNER, AS DEFINED
15 IN SECTION 6.03 OF THIS ARTICLE.
16 4. INVESTMENT TAX CREDIT. AN ARTS CORPORATION OR A CULTURAL FACILITY
17 PROJECT IN A CULTURAL DEVELOPMENT AREA SHALL BE ELIGIBLE FOR A CREDIT
18 AGAINST THE TAX IMPOSED UNDER ARTICLE TWENTY-TWO OF THE TAX LAW
19 (PERSONAL INCOME TAX), BASED ON INVESTMENTS IN CERTAIN ELIGIBLE PROPERTY
20 IN SUCH CULTURAL DEVELOPMENT AREA TO THE EXTENT THAT A TAXPAYER WOULD BE
21 ELIGIBLE FOR A CREDIT BASED ON INVESTMENTS IN CERTAIN ELIGIBLE PROPERTY
22 IN AN EMPIRE ZONE PURSUANT TO SUBSECTION (J) OF SECTION SIX HUNDRED SIX
23 OF THE TAX LAW. SOLELY FOR PURPOSES OF COMPUTING BENEFITS PROVIDED
24 PURSUANT TO THIS ARTICLE, AND ANY OTHER PROVISION OF ANY OTHER LAW TO
25 THE CONTRARY NOTWITHSTANDING, THE TERM "EMPIRE ZONE" USED IN SUCH
26 SUBSECTION (J) OF SECTION SIX HUNDRED SIX OF THE TAX LAW SHALL BE DEEMED
27 TO INCLUDE A CULTURAL DEVELOPMENT AREA, AND TAXPAYERS ELIGIBLE FOR SUCH
28 CREDIT SHALL BE LIMITED TO AND SHALL MEAN AND INCLUDE AN ARTS CORPO-
29 RATION, A CULTURAL FACILITY PROJECT, OR A PARTNERSHIP IN WHICH THE ARTS
30 CORPORATION IS A PARTNER, AS DEFINED IN SECTION 6.03 OF THIS ARTICLE.
31 5. WAGE TAX CREDIT. AN ARTS CORPORATION OR A CULTURAL FACILITY PROJECT
32 IN A CULTURAL DEVELOPMENT AREA SHALL BE ELIGIBLE FOR CREDITS AGAINST THE
33 TAXES IMPOSED UNDER ARTICLES NINE-A (FRANCHISE TAX), TWENTY-TWO
34 (PERSONAL INCOME TAX), THIRTY-TWO (FRANCHISE TAX ON BANKING CORPO-
35 RATIONS) AND THIRTY-THREE (FRANCHISE TAX ON INSURANCE CORPORATIONS) OF
36 THE TAX LAW, BASED ON WAGES PAID TO CERTAIN EMPLOYEES BY SUCH ARTS
37 CORPORATION, A CULTURAL FACILITY PROJECT, OR ANCILLARY BUSINESS AND
38 SERVICES TO THE EXTENT THAT A BUSINESS LOCATED IN AN EMPIRE ZONE OR IN
39 AN EQUIVALENT AREA WOULD BE ELIGIBLE FOR CREDITS AGAINST THE TAXES
40 IMPOSED UNDER ARTICLES NINE-A, TWENTY-TWO, THIRTY-TWO AND THIRTY-THREE
41 OF THE TAX LAW, BASED ON WAGES PAID TO CERTAIN EMPLOYEES EMPLOYED BY IT
42 PURSUANT TO SUBDIVISION NINETEEN OF SECTION TWO HUNDRED TEN, SUBSECTION
43 (K) OF SECTION SIX HUNDRED SIX, SUBSECTION (E) OF SECTION FOURTEEN
44 HUNDRED FIFTY-SIX AND SUBDIVISION (G) OF SECTION FIFTEEN HUNDRED ELEVEN,
45 RESPECTIVELY, OF THE TAX LAW. SOLELY FOR PURPOSES OF COMPUTING BENEFITS
46 PROVIDED PURSUANT TO THIS ARTICLE, AND ANY OTHER PROVISION OF ANY OTHER
47 LAW TO THE CONTRARY NOTWITHSTANDING, THE TERM "EMPIRE ZONE" USED IN SUCH
48 SUBDIVISION NINETEEN OF SECTION TWO HUNDRED TEN, SUBSECTION (K) OF
49 SECTION SIX HUNDRED SIX, SUBSECTION (E) OF SECTION FOURTEEN HUNDRED
50 FIFTY-SIX AND SUBDIVISION (G) OF SECTION FIFTEEN HUNDRED ELEVEN, RESPEC-
51 TIVELY, OF THE TAX LAW SHALL BE DEEMED TO INCLUDE A CULTURAL DEVELOPMENT
52 AREA, AND TAXPAYERS ELIGIBLE FOR SUCH CREDIT SHALL BE LIMITED TO AND
53 SHALL MEAN AND INCLUDE AN ARTS CORPORATION, A CULTURAL FACILITY PROJECT,
54 OR A PARTNERSHIP IN WHICH THE ARTS CORPORATION IS A PARTNER, AS DEFINED
55 IN SECTION 6.03 OF THIS ARTICLE.
A. 3563 15
1 6. SALES AND USE TAX. AN ARTS CORPORATION, A CULTURAL FACILITY
2 PROJECT, OR A PARTNERSHIP OF WHICH AN ARTS CORPORATION IS A PARTNER IN A
3 CULTURAL DEVELOPMENT AREA SHALL BE ELIGIBLE FOR REFUND OR CREDIT OF
4 PAYMENTS OF CERTAIN TAXES IMPOSED UNDER ARTICLE TWENTY-EIGHT (SALES AND
5 COMPENSATING USE TAXES) AND, AT LOCAL OPTION, PURSUANT TO THE AUTHORITY
6 OF ARTICLE TWENTY-NINE (TAXES AUTHORIZED FOR CITIES, COUNTIES AND SCHOOL
7 DISTRICTS) OF THE TAX LAW, WITH RESPECT TO PURCHASES OF MATERIALS USED
8 IN CONSTRUCTING, EXPANDING OR REHABILITATING CERTAIN BUSINESS PROPERTY
9 TO THE EXTENT THAT A BUSINESS LOCATED IN AN EMPIRE ZONE, WOULD BE ELIGI-
10 BLE FOR REFUND OR CREDIT OF PAYMENTS OF SUCH TAXES PURSUANT TO SUBDIVI-
11 SION (A) OF SECTION ELEVEN HUNDRED NINETEEN OF THE TAX LAW. SOLELY FOR
12 PURPOSES OF COMPUTING BENEFITS PROVIDED PURSUANT TO THIS ARTICLE, AND
13 ANY OTHER PROVISION OF ANY OTHER LAW TO THE CONTRARY NOTWITHSTANDING,
14 THE TERM "EMPIRE ZONE" USED IN SUCH SUBDIVISION (A) OF SECTION ELEVEN
15 HUNDRED NINETEEN OF THE TAX LAW SHALL BE DEEMED TO INCLUDE A CULTURAL
16 DEVELOPMENT AREA, AND TAXPAYERS ELIGIBLE FOR SUCH REFUND OR CREDIT SHALL
17 BE LIMITED TO AND SHALL MEAN AND INCLUDE AN ARTS CORPORATION, A CULTURAL
18 FACILITY PROJECT, OR A PARTNERSHIP IN WHICH THE ARTS CORPORATION IS A
19 PARTNER, AS DEFINED IN SECTION 6.03 OF THIS ARTICLE.
20 7. GAS OR ELECTRIC RATES. AN ARTS CORPORATION, A CULTURAL FACILITY
21 PROJECT, OR A PARTNERSHIP OF WHICH AN ARTS CORPORATION IS A PARTNER IN A
22 CULTURAL DEVELOPMENT AREA SHALL BE ELIGIBLE FOR AVAILABILITY OF SPECIAL
23 RATES GOVERNING THE PROVISION OF GAS OR ELECTRIC SERVICE TO THE EXTENT
24 AND FOR THE DURATION THAT A BUSINESS ENTERPRISE WOULD BE ELIGIBLE FOR
25 EMPIRE ZONE RATES GOVERNING THE PROVISION OF GAS OR ELECTRIC SERVICE
26 PURSUANT TO SUBDIVISION TWELVE-C OF SECTION SIXTY-SIX OF THE PUBLIC
27 SERVICE LAW. SOLELY FOR PURPOSES OF COMPUTING SUCH RATES PURSUANT TO
28 THIS ARTICLE, AND ANY OTHER PROVISION OF ANY OTHER LAW TO THE CONTRARY
29 NOTWITHSTANDING, THE TERM "EMPIRE ZONE" USED IN SUCH SUBDIVISION
30 TWELVE-C OF SECTION SIXTY-SIX OF THE PUBLIC SERVICE LAW SHALL BE DEEMED
31 TO INCLUDE A CULTURAL DEVELOPMENT AREA, AND ENTERPRISES ELIGIBLE FOR
32 SUCH RATES SHALL BE LIMITED TO AND SHALL MEAN AND INCLUDE AN ARTS CORPO-
33 RATION, A CULTURAL FACILITY PROJECT, OR A PARTNERSHIP IN WHICH THE ARTS
34 CORPORATION IS A PARTNER, AS DEFINED IN SECTION 6.03 OF THIS ARTICLE.
35 8. CAPITAL CORPORATION. A TAXPAYER MAKING QUALIFIED INVESTMENTS IN OR
36 CONTRIBUTIONS TO CULTURAL DEVELOPMENT AREA CAPITAL CORPORATIONS SHALL BE
37 ELIGIBLE FOR CREDITS AGAINST THE TAX IMPOSED UNDER ARTICLES NINE-A
38 (FRANCHISE TAX), TWENTY-TWO (PERSONAL INCOME TAX), THIRTY-TWO (FRANCHISE
39 TAX ON BANKING CORPORATIONS) AND THIRTY-THREE (FRANCHISE TAXES ON INSUR-
40 ANCE CORPORATIONS) OF THE TAX LAW, TO THE EXTENT THAT A TAXPAYER MAKING
41 SIMILAR QUALIFIED INVESTMENTS IN OR CONTRIBUTIONS TO EMPIRE ZONE CAPITAL
42 CORPORATIONS WOULD BE ELIGIBLE FOR SUCH CREDITS PURSUANT TO SUBDIVISION
43 TWENTY OF SECTION TWO HUNDRED TEN, SUBSECTION (L) OF SECTION SIX HUNDRED
44 SIX, SUBSECTION (D) OF SECTION FOURTEEN HUNDRED FIFTY-SIX, AND SUBDIVI-
45 SION (H) OF SECTION FIFTEEN HUNDRED ELEVEN OF THE TAX LAW. SOLELY FOR
46 PURPOSES OF COMPUTING SUCH RATES PURSUANT TO THIS ARTICLE, AND ANY OTHER
47 PROVISION OF ANY OTHER LAW TO THE CONTRARY NOTWITHSTANDING, THE TERM
48 "EMPIRE ZONE CAPITAL CORPORATION" USED IN SUCH SUBDIVISION TWENTY OF
49 SECTION TWO HUNDRED TEN, SUBSECTION (L) OF SECTION SIX HUNDRED SIX,
50 SUBSECTION (D) OF SECTION FOURTEEN HUNDRED FIFTY-SIX, AND SUBDIVISION
51 (H) OF SECTION FIFTEEN HUNDRED ELEVEN OF THE TAX LAW SHALL BE DEEMED TO
52 MEAN AND INCLUDE A CULTURAL DEVELOPMENT AREA CAPITAL CORPORATION.
53 S 6.12. DIVISION OF TAXES BY GOVERNMENTAL BODIES. 1. THE GOVERNING
54 BOARD OF ANY CITY, TOWN, VILLAGE OR COUNTY IN WHICH A CULTURAL DEVELOP-
55 MENT AREA IS LOCATED IS HEREBY AUTHORIZED AND EMPOWERED TO:
A. 3563 16
1 (A) ADOPT A LOCAL LAW PROVIDING THAT ANY TAXES LEVIED BY OR ON BEHALF
2 OF SUCH CITY, TOWN, VILLAGE OR COUNTY UPON TAXABLE REAL PROPERTY IN SUCH
3 AREA SHALL BE DIVIDED BASED ON THE AREA'S ORIGINAL TAXABLE VALUE AND ITS
4 INCREMENTAL VALUE AS DETERMINED IN SUBDIVISIONS THREE AND SIX OF THIS
5 SECTION, PROVIDED HOWEVER, THAT NO CITY, TOWN, VILLAGE OR COUNTY MAY
6 ADOPT A LOCAL LAW PROVIDING FOR SUCH A DIVISION OF TAXES IF:
7 (I) THE ORIGINAL TAXABLE VALUE OF THE AREA INVOLVED EXCEEDS A FIGURE
8 EQUAL TO TWENTY PERCENT OF THE TOTAL ASSESSED VALUE OF THAT MUNICI-
9 PALITY, EXCLUSIVE OF ANY INCREMENTAL VALUES FOR SUCH AREAS; OR
10 (II) THE LAND AREA OF THE AREA INVOLVED EXCEEDS A FIGURE EQUAL TO
11 TWENTY PERCENT OF THE TOTAL LAND AREA OF THE MUNICIPALITY.
12 (B) ADOPT A LOCAL LAW ESTABLISHING A SPECIAL CULTURAL DEVELOPMENT AREA
13 TAX INCREMENT FUND AND PROVIDING FOR THE DEPOSIT OF MONEYS INTO SUCH
14 FUND PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION.
15 2. IN NO EVENT SHALL THE DIVISION OF TAXES PURSUANT TO THIS SECTION BE
16 CONSTRUED AS RELIEVING PROPERTY OWNERS WITHIN THE DESIGNATED AREA OF
17 THEIR OBLIGATION FOR PAYING THE TAXES, IF ANY, LEVIED UPON THE ASSESSED
18 VALUE OF THEIR TAXABLE REAL PROPERTY.
19 3. AS SOON AS POSSIBLE AFTER ANY LOCAL LEGISLATIVE BODY HAS ADOPTED A
20 LOCAL LAW AS PROVIDED FOR IN PARAGRAPH (A) OF SUBDIVISION ONE OF THIS
21 SECTION, THE ASSESSOR WHO PREPARES THE ASSESSMENT ROLL USED FOR THE LEVY
22 OF SUCH COUNTY, CITY, TOWN AND VILLAGE TAXES SHALL CERTIFY THE "ORIGINAL
23 TAXABLE VALUE" OF EACH LOT AND PARCEL OF TAXABLE REAL PROPERTY IN THE
24 AREA INVOLVED. FOR THE PURPOSES OF THIS SECTION, "ORIGINAL TAXABLE
25 VALUE" SHALL BE THE ASSESSED VALUE AS OF THE LAST TAXABLE STATUS DATE
26 BEFORE THE DATE ON WHICH A LOCAL LAW AUTHORIZING THE DIVISION OF TAXES
27 WAS ADOPTED.
28 4. WHENEVER ANY PROPERTY IN SUCH AN AREA IS OWNED BY THE CITY, TOWN,
29 VILLAGE OR COUNTY INVOLVED AND IS LEASED TO ANY PERSON OR PERSONS, SUCH
30 PROPERTY SHALL BE ASSESSED AND TAXED IN THE SAME MANNER AS PRIVATELY
31 OWNED PROPERTY, AND THE LEASE OR CONTRACT BETWEEN THE CITY, TOWN,
32 VILLAGE OR COUNTY INVOLVED AND SUCH PERSON OR PERSONS SHALL PROVIDE THAT
33 THE LESSEE SHALL PAY TAXES UPON THE ASSESSED VALUE OF THE ENTIRE PROPER-
34 TY AND NOT MERELY UPON THE ASSESSED VALUE OF HIS, HER OR ITS LEASEHOLD
35 INTEREST.
36 5. IN EACH YEAR SUBSEQUENT TO THE DETERMINATION OF THE ORIGINAL TAXA-
37 BLE VALUE OF EACH LOT AND PARCEL OF TAXABLE REAL PROPERTY IN SUCH AN
38 AREA THE ASSESSOR SHALL COMPUTE AND CERTIFY THE NET AMOUNT BY WHICH THE
39 TAXABLE VALUE OF ALL SUCH LOTS AND PARCELS HAS INCREASED OR DECREASED IN
40 COMPARISON WITH THE ORIGINAL TAXABLE VALUE OF ALL SUCH LOTS AND PARCELS.
41 THE NET AMOUNT OF THE INCREASE OR DECREASE IS REFERRED TO IN THIS
42 SECTION AS THE "INCREMENTAL VALUE" OR THE "LOST VALUE" FOR THAT YEAR, AS
43 THE CASE MAY BE.
44 6. IN ANY YEAR WHEN THERE IS AN INCREMENTAL VALUE, THE TAX LEVYING
45 BODY SHALL EXTEND THE TAXES OF EACH CITY, TOWN, VILLAGE OR COUNTY, WHICH
46 HAS ADOPTED A LOCAL LAW PURSUANT TO THIS SECTION, AGAINST THE INCRE-
47 MENTAL VALUE AS WELL AS THE ORIGINAL TAXABLE VALUE, AND THE AMOUNT OF
48 TAXES RECEIVED FROM SUCH EXTENSION AGAINST THE INCREMENTAL VALUE IS
49 REFERRED TO IN THIS SECTION AS THE TAX INCREMENT FOR THAT YEAR.
50 7. THE CITY, TOWN, VILLAGE OR COUNTY OFFICIAL RESPONSIBLE FOR RECEIV-
51 ING REAL PROPERTY TAX PAYMENTS SHALL SEGREGATE EACH YEAR ALL TAX INCRE-
52 MENTS FROM THE DESIGNATED AREA AND TRANSMIT SUCH INCREMENTS TO THE CITY,
53 TOWN, VILLAGE OR COUNTY TREASURER WHO SHALL DEPOSIT SUCH MONIES IN A
54 SPECIAL CULTURAL DEVELOPMENT AREA TAX INCREMENT FUND FROM WHICH THE
55 LOCAL LEGISLATIVE BODY MAY AUTHORIZE PAYMENTS FOR INFRASTRUCTURE
A. 3563 17
1 IMPROVEMENTS AUTHORIZED IN SUCH MUNICIPALITY'S CULTURAL DEVELOPMENT AREA
2 DEVELOPMENT PLAN FOR THE AREA INVOLVED.
3 8. IN THE EVENT THAT ANY STATE OR LOCAL LAW GOVERNING THE CLASSIFICA-
4 TION OF REAL PROPERTY AND THEREBY DETERMINING THE PERCENTAGE OF MARKET
5 VALUE TO BE ASSESSED FOR REAL PROPERTY TAXATION PURPOSES IS AMENDED
6 HEREAFTER, THE INCREASE OR DECREASE IN ASSESSED VALUATION RESULTING
7 THEREFROM SHALL BE APPLIED PROPORTIONATELY IN EACH YEAR THEREAFTER TO
8 THE ORIGINAL TAXABLE VALUE AND INCREMENTAL VALUE OF THE AREA INVOLVED.
9 9. THE LOCAL LEGISLATIVE BODY OF THE CITY, TOWN, VILLAGE OR COUNTY OR
10 ITS DESIGNATED AGENCY MAY INVEST ANY FUNDS IN THE SPECIAL CULTURAL
11 DEVELOPMENT AREA TAX INCREMENT FUND NOT REQUIRED FOR IMMEDIATE DISBURSE-
12 MENT, IN PROPERTY OR SECURITIES IN WHICH PUBLIC BODIES MAY INVEST FUNDS
13 SUBJECT TO THEIR CONTROL.
14 10. IN ANY YEAR WHEN THERE IS A LOST VALUE, THE PROVISIONS OF THIS
15 SECTION SHALL NOT APPLY.
16 S 6.13. CULTURAL DEVELOPMENT AREA CAPITAL CORPORATIONS. 1. NO MORE
17 THAN THREE CULTURAL DEVELOPMENT AREA CAPITAL CORPORATIONS MAY BE ESTAB-
18 LISHED IN EACH CULTURAL DEVELOPMENT AREA FOR THE PURPOSE OF RAISING
19 FUNDS THROUGH PRIVATE AND PUBLIC GRANTS, DONATIONS OR INVESTMENTS, TO BE
20 USED IN MAKING INVESTMENTS IN, AND LOANS TO, ENTITIES CERTIFIED PURSUANT
21 TO THIS ARTICLE. AN AREA CAPITAL CORPORATION MAY SERVE ONE OR MORE AREAS
22 WITHIN AN ECONOMIC DEVELOPMENT REGION OR AREAS WITHIN TWO OR MORE
23 REGIONS. PRIOR TO THE ESTABLISHMENT OF AN AREA CAPITAL CORPORATION, THE
24 AREA BOARD AND THE COMMISSIONER SHALL APPROVE THE FORMATION OF THE
25 PROPOSED AREA CAPITAL CORPORATION, ITS BOARD OF DIRECTORS AND MANAGE-
26 MENT, AND ITS PROCEDURES FOR MAKING, SERVICING AND MONITORING INVEST-
27 MENTS. IN NO EVENT, HOWEVER, SHALL A CAPITAL CORPORATION ACQUIRE AN
28 OWNERSHIP INTEREST IN ANY CERTIFIED ENTITY WHICH AMOUNTS TO MORE THAN
29 TWENTY-FIVE PERCENT OF THE OWNERSHIP INTEREST OF SUCH ENTITY. NO LOAN TO
30 OR INVESTMENT IN ANY ENTITY SHALL BE MADE BY A CAPITAL CORPORATION
31 LOCATED IN AN AREA WITHIN A TOWN WITH A POPULATION OF MORE THAN TWENTY-
32 FIVE THOUSAND, UNTIL SUCH CORPORATION HAS ACCUMULATED AT LEAST TWO
33 HUNDRED THOUSAND DOLLARS IN CAPITAL STOCK. NO LOAN OR INVESTMENT IN ANY
34 ENTITY SHALL BE MADE BY A CAPITAL CORPORATION LOCATED IN AN AREA WITHIN
35 A TOWN WITH A POPULATION OF LESS THAN TWENTY-FIVE THOUSAND UNTIL SUCH
36 CORPORATION HAS ACCUMULATED AT LEAST ONE HUNDRED THOUSAND DOLLARS IN
37 CAPITAL STOCK. AN AREA CAPITAL CORPORATION SHALL SUBMIT TO THE AREA
38 BOARD AN ANNUAL REPORT ON ITS ACTIVITIES.
39 2. EACH AREA CAPITAL CORPORATION SHALL ESTABLISH AN INVESTMENT COMMIT-
40 TEE FOR THE PURPOSE OF EVALUATING APPLICATIONS FOR LOANS AND EQUITY
41 INVESTMENTS. EACH COMMITTEE SHALL BE COMPRISED OF MEMBERS WHO POSSESS
42 THE REQUISITE BUSINESS AND FINANCIAL EXPERTISE NECESSARY TO EVALUATE
43 APPLICATIONS FOR LOANS AND/OR EQUITY INVESTMENTS.
44 3. EACH AREA CAPITAL CORPORATION SHALL, TO THE MAXIMUM EXTENT FEASI-
45 BLE, UNDERTAKE MEASURES AND PROCEDURES TO ENSURE MEANINGFUL PARTIC-
46 IPATION BY MINORITY-OWNED AND WOMEN-OWNED BUSINESS ENTERPRISES IN THE
47 ACTIVITIES AND INVESTMENTS OF SUCH CORPORATION. EACH SUCH CORPORATION
48 SHALL ADDITIONALLY, TO THE MAXIMUM EXTENT FEASIBLE, UNDERTAKE MEASURES
49 AND PROCEDURES TO ENSURE MEANINGFUL PARTICIPATION BY LOCALLY OWNED BUSI-
50 NESS ENTERPRISES IN THE ACTIVITIES AND INVESTMENTS OF SUCH CORPORATION.
51 4. THE TOTAL AMOUNT OF TAX CREDITS AVAILABLE TO EACH AREA PURSUANT TO
52 SUBDIVISION TWENTY OF SECTION TWO HUNDRED TEN, SUBSECTION (1) OF SECTION
53 SIX HUNDRED SIX, SUBSECTION (D) OF SECTION FOURTEEN HUNDRED FIFTY-SIX
54 AND SUBDIVISION (H) OF SECTION FIFTEEN HUNDRED ELEVEN OF THE TAX LAW,
55 SHALL BE TWO MILLION FIVE HUNDRED THOUSAND DOLLARS, (PROVIDED, HOWEVER,
56 THAT IN NO EVENT SHALL THE CREDITS AVAILABLE IN ANY AREA EXCEED FIVE
A. 3563 18
1 HUNDRED THOUSAND DOLLARS IN THE CASE OF QUALIFIED INVESTMENTS IN CERTI-
2 FIED ARTS CORPORATIONS).
3 5. APPORTIONMENT OF CREDITS WITHIN AN AREA BETWEEN CAPITAL INVESTMENTS
4 IN AND CONTRIBUTIONS TO AREA CAPITAL CORPORATIONS, DIRECT INVESTMENTS IN
5 CERTIFIED AREA BUSINESSES OR CONTRIBUTIONS TO COMMUNITY DEVELOPMENT
6 PROJECTS WILL BE DETERMINED AND ACCOUNTED FOR BY THE LOCAL AREA ADMINIS-
7 TRATIVE BOARD IN CONSULTATION WITH THE AREA ADMINISTRATIVE ENTITY,
8 SUBJECT TO REGULATIONS PROMULGATED BY THE COMMISSIONER. CREDITS NOT USED
9 BY AN AREA WITHIN FOUR YEARS OF THEIR APPORTIONMENT MAY, AFTER A PUBLIC
10 HEARING, BE REALLOCATED PURSUANT TO SUCH REGULATIONS. CERTIFICATIONS
11 UNDER SUBDIVISION TWENTY OF SECTION TWO HUNDRED TEN, SUBSECTION (1) OF
12 SECTION SIX HUNDRED SIX, SUBSECTION (D) OF SECTION FOURTEEN HUNDRED
13 FIFTY-SIX AND SUBDIVISION (H) OF SECTION FIFTEEN HUNDRED ELEVEN OF THE
14 TAX LAW SHALL BE CONSISTENT WITH THE PROVISIONS OF THIS SUBDIVISION.
15 6. THE COMMISSIONER SHALL PROMULGATE REGULATIONS GOVERNING THE CRITE-
16 RIA OF ELIGIBILITY FOR THE TAX CREDITS APPLICABLE TO DIRECT EQUITY
17 INVESTMENTS IN CERTIFIED AREA ENTITIES AND TO CONTRIBUTIONS TO COMMUNITY
18 DEVELOPMENT PROJECTS PROVIDED FOR IN THIS SECTION. SUCH REGULATIONS
19 SHALL ESTABLISH REQUIREMENTS INCLUDING, BUT NOT LIMITED TO:
20 (A) A DEMONSTRATION THAT THE INVESTMENT WILL CONTRIBUTE, SIGNIFICANT-
21 LY, TO AN ACTIVITY HAVING TANGIBLE ECONOMIC BENEFITS, SUCH AS START-UP,
22 EXPANSION OR MODERNIZATION OF SUCH AREA ENTITY;
23 (B) A DEMONSTRATION THAT THE INVESTMENT WILL SIGNIFICANTLY CONTRIBUTE
24 TO DEVELOPMENT, CONTINUATION, PRESERVATION, OR ENHANCEMENT OF ONE OR
25 MORE ARTS AND CULTURAL CORPORATIONS;
26 (C) A DEMONSTRATION THAT THE INVESTMENT IS NECESSARY TO THE PRESERVA-
27 TION OF CULTURAL HERITAGE;
28 (D) A DEMONSTRATION THAT THE DIRECT EQUITY INVESTMENT WILL LEAD TO
29 DEVELOPMENT WITHIN THE AREA OF ADDITIONAL ARTS CORPORATIONS AND ANCIL-
30 LARY BUSINESSES AND SERVICES, OR THE DEVELOPMENT OF INFRASTRUCTURE THAT
31 WILL STIMULATE THE DEVELOPMENT OF AN ARTS COMMUNITY WITHIN THE CULTURAL
32 DEVELOPMENT AREA;
33 (E) A DEMONSTRATION THAT THE CERTIFIED AREA ENTITY HAS THE POTENTIAL
34 TO CREATE JOBS, MEASURED ON A FULL-TIME EQUIVALENCY BASIS; AND
35 (F) A DEMONSTRATION THAT THE DIRECT EQUITY INVESTMENT IS NECESSARY TO
36 INCREASE THE AMOUNT OF CAPITAL AVAILABLE TO THE CERTIFIED AREA ENTITY,
37 PROVIDED, HOWEVER, THAT SUCH INVESTMENT IS NOT INTENDED NOR SHALL IT BE
38 USED TO REFINANCE EXISTING DEBT OR REPLACE EXISTING EQUITY IN SUCH AREA
39 BUSINESS.
40 7. IN ADDITION TO THE DUTIES SET FORTH ELSEWHERE IN THIS ARTICLE, THE
41 AREA ADMINISTRATIVE BOARD SHALL, CONSISTENT WITH THE REGULATIONS PROMUL-
42 GATED BY THE COMMISSIONER, DETERMINE THE ELIGIBILITY OF DIRECT EQUITY
43 INVESTMENTS IN CERTIFIED AREA ENTITIES AND CONTRIBUTIONS TO COMMUNITY
44 CULTURAL DEVELOPMENT PROJECTS FOR THE TAX CREDITS AVAILABLE TO SUCH
45 AREA. SUCH DETERMINATION BY THE AREA ADMINISTRATIVE BOARD SHALL BE
46 SUBJECT TO REVIEW BY THE COMMISSIONER IN HIS OR HER DISCRETION. THE
47 COMMISSIONER, UPON REVIEW OF AN AREA BOARD DETERMINATION MADE PURSUANT
48 TO THIS SUBDIVISION, SHALL ACCEPT OR REJECT SUCH DETERMINATION AS MAY BE
49 DEEMED APPROPRIATE.
50 S 6.14. APPROVAL OF CULTURAL DEVELOPMENT AREAS. 1. THE COMMISSIONER
51 SHALL APPROVE THE DESIGNATION OF A CULTURAL DEVELOPMENT AREA IN WRITING
52 WITHIN NINETY DAYS OF SUBMISSION TO HIM OR HER BY THE LOCAL GOVERNMENT
53 FOR SUCH APPROVAL IF HE OR SHE SHALL FIND THAT THE AREA MEETS THE CRITE-
54 RIA ESTABLISHED BY THIS ARTICLE FOR SUCH DESIGNATION. IF THE COMMISSION-
55 ER SHALL FIND THAT THE APPLICATION DOES NOT MEET THE CRITERIA, HE OR SHE
56 SHALL RESPOND TO THE APPLICANT IN WRITING WITHIN SUCH NINETY DAY PERIOD
A. 3563 19
1 STATING THE REASONS THE APPLICATION DOES NOT MEET THE CRITERIA AND IS
2 NOT APPROVED. THE COMMISSIONER SHALL REFER AN APPLICATION THAT IS NOT
3 APPROVED TO THE NEW YORK STATE ARTS AND CULTURAL DEVELOPMENT AREAS ADVI-
4 SORY COUNCIL WHICH SHALL AID THE APPLICANT IN RECTIFYING THE APPLICA-
5 TION. AN APPLICATION WHICH IS NOT APPROVED MAY BE RESUBMITTED AT ANY
6 TIME.
7 2. A LOCAL GOVERNMENT SHALL SUBMIT WRITTEN DOCUMENTATION IN A FORM AND
8 MANNER PRESCRIBED BY THE COMMISSIONER BY REGULATIONS PROMULGATED BY THE
9 COMMISSIONER SHOWING THAT IT HAS MET SUCH CRITERIA. THE CHIEF EXECUTIVE
10 OF THE LOCAL GOVERNMENT SHALL ENSURE THAT THE INFORMATION CONTAINED
11 THEREIN, TO THE MAXIMUM EXTENT POSSIBLE, IS ACCURATE AND COMPLETE. EACH
12 SUCH APPLICATION SHALL INCLUDE THE CDA PLAN AND ADDITIONALLY SHALL:
13 (A) INCLUDE EVIDENCE OF THE ADOPTION OF A CDA DEVELOPMENT PLAN BY THE
14 LOCAL GOVERNING BODY OF THE AREA IN WHICH THE CDA IS TO BE LOCATED;
15 (B) IDENTIFY THE LOCAL CULTURAL DEVELOPMENT AREA CERTIFICATION OFFICER
16 AND LOCAL CULTURAL DEVELOPMENT AREA ADMINISTRATIVE BOARD;
17 (C) INCLUDE A MAP OF THE AREA COMPRISING THE PROPOSED CULTURAL DEVEL-
18 OPMENT AREA SHOWING EXISTING STREETS, HIGHWAYS, WATERWAYS, NATURAL BOUN-
19 DARIES AND OTHER PHYSICAL FEATURES;
20 (D) INCLUDE EVIDENCE THAT THE APPLICANT HAS, TO THE MAXIMUM EXTENT
21 FEASIBLE, SOLICITED AND CONSIDERED THE VIEWS OF RESIDENTS OF THE
22 PROPOSED CDA AND THE LOCAL GOVERNMENTAL AND PRIVATE ORGANIZATIONS
23 REPRESENTING SUCH RESIDENTS;
24 (E) INCLUDE A STATEMENT FROM THE PRIVATE INDUSTRY COUNCIL GOVERNING
25 BOARD OF THE SERVICE DELIVERY AREA ESTABLISHED UNDER THE JOB TRAINING
26 PARTNERSHIP ACT (P.L. 97-300, AS AMENDED) THAT ENCOMPASSES THE PROPOSED
27 CDA SETTING FORTH THE ASSISTANCE TO BE PROVIDED AND THE RESOURCES TO BE
28 ALLOCATED FOR THE TRAINING OF RESIDENTS IN THE AREA AND THE OPERATION OF
29 JOB TRAINING PROGRAMS;
30 (F) INCLUDE A STATEMENT FROM THE INDUSTRIAL DEVELOPMENT AUTHORITY
31 SERVING THE MUNICIPALITY IN WHICH THE AREA IS LOCATED AND FROM ANY OTHER
32 DEVELOPMENT FINANCE ENTITY SUPPORTED BY PUBLIC MONEY SETTING FORTH THE
33 ASSISTANCE TO BE PROVIDED AND THE RESOURCES TO BE ALLOCATED TO DEVELOP-
34 MENT ACTIVITIES IN THE AREA;
35 (G) SPECIFY GOALS AND OBJECTIVES, BOTH SHORT TERM AND LONG TERM, FOR
36 THE ECONOMIC REVITALIZATION OF THE PROPOSED AREA;
37 (H) INCLUDE A DESCRIPTION OF PLANS AND STRATEGIES FOR PROVIDING AND
38 IMPROVING HUMAN RESOURCE DEVELOPMENT SERVICES TO RESIDENTS OF THE AREA
39 COMPRISING THE PROPOSED AREA AND TO EMPLOYEES OF BUSINESSES WITHIN SAID
40 AREA, AND THE METHODS BY WHICH PERFORMANCE IN IMPLEMENTING SAID PLANS
41 AND STRATEGIES WILL BE EVALUATED;
42 (I) IDENTIFY FINANCIAL COMMITMENTS THE LOCAL GOVERNMENT WILL MAKE TO
43 THE AREA FOR ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, MARKETING OF THE
44 AREA FOR DEVELOPMENT, HUMAN RESOURCE SERVICES FOR AREA RESIDENTS AND
45 ENTITIES, AND SERVICES FOR SMALL AND MINORITY AND WOMEN-OWNED BUSI-
46 NESSES;
47 (J) IDENTIFY PUBLICLY CONTROLLED AND OTHER DEVELOPABLE LANDS AND
48 BUILDINGS WITHIN THE PROPOSED AREA WHICH ARE OR COULD BE MADE AVAILABLE
49 FOR DEVELOPMENT; AND
50 (K) PROVIDE DOCUMENTATION CONCERNING THE LEVEL OF LOCAL PARTICIPATION
51 INCLUDING, BUT NOT LIMITED TO, LOCAL TAX INCENTIVES AND THE PROVISION OF
52 LOCAL SERVICES.
53 S 6.15. LOCAL ADMINISTRATION OF CULTURAL DEVELOPMENT AREAS. 1. THE
54 LOCAL CULTURAL DEVELOPMENT AREA CERTIFICATION OFFICER SHALL NOT SERVE ON
55 THE LOCAL CULTURAL DEVELOPMENT AREA ADMINISTRATIVE BOARD AND SHALL,
56 PURSUANT TO REGULATIONS PROMULGATED BY THE COMMISSIONER PURSUANT TO THIS
A. 3563 20
1 ARTICLE, JOINTLY CERTIFY TOGETHER WITH THE COMMISSIONER AND, IF THE
2 ENTITY IS AN ARTS CORPORATION, WITH THE CHAIRPERSON OF THE COUNCIL ON
3 THE ARTS, THOSE ENTITIES ELIGIBLE TO RECEIVE BENEFITS PURSUANT TO THIS
4 ARTICLE; PROVIDED, HOWEVER, THAT SUCH CERTIFICATION SHALL BE GOVERNED BY
5 CRITERIA INCLUDING, BUT NOT LIMITED TO,
6 (A) WHETHER THE ENTITY, IF CERTIFIED, IS REASONABLY LIKELY TO CREATE
7 NEW EMPLOYMENT OR PREVENT A LOSS OF EMPLOYMENT IN THE AREA;
8 (B) WHETHER SUCH NEW EMPLOYMENT OPPORTUNITIES WILL BE FOR INDIVIDUALS
9 WHO WILL PERFORM A SUBSTANTIAL PART OF THEIR EMPLOYMENT ACTIVITIES IN
10 THE AREA;
11 (C) WHETHER CERTIFICATION WILL HAVE THE UNDESIRED EFFECT OF CAUSING
12 INDIVIDUALS TO TRANSFER FROM EXISTING EMPLOYMENT WITH ANOTHER ENTITY TO
13 SIMILAR EMPLOYMENT WITH THE ENTITY SO CERTIFIED, AND TRANSFERRING EXIST-
14 ING EMPLOYMENT FROM ONE OR MORE OTHER MUNICIPALITIES, TOWNS OR VILLAGES
15 IN THE STATE, OR TRANSFERRING EXISTING EMPLOYMENT FROM ONE OR MORE OTHER
16 BUSINESSES IN THE AREA, PROVIDED THAT THIS CRITERIA SHALL NOT BE APPLIED
17 TO ARTS CORPORATIONS;
18 (D) WHETHER SUCH ENTERPRISE IS LIKELY TO ENHANCE THE ECONOMIC OR
19 CULTURAL CLIMATE OF THE AREA;
20 (E) WHETHER SUCH ENTERPRISE, DURING THE THREE YEARS PRECEDING THE
21 SUBMISSION OF AN APPLICATION FOR CERTIFICATION, HAS ENGAGED IN A
22 SUBSTANTIAL VIOLATION OR A PATTERN OF VIOLATIONS OF LAWS REGULATING
23 UNEMPLOYMENT INSURANCE, WORKERS' COMPENSATION, PUBLIC WORK, CHILD LABOR,
24 EMPLOYMENT OF MINORITIES AND WOMEN, SAFETY AND HEALTH, OR OTHER LAWS FOR
25 THE PROTECTION OF WORKERS AS DETERMINED BY FINAL JUDGMENT OF A JUDICIAL
26 OR ADMINISTRATIVE PROCEEDING;
27 (F) WHETHER SUCH CERTIFICATION IS NECESSARY TO PRESERVE THE START-UP,
28 MAINTENANCE, CONTINUATION, EXPANSION, OR FURTHER DEVELOPMENT OF AN ENTI-
29 TY THAT IS AN ARTS CORPORATION OR CULTURAL FACILITY, OR IS NECESSARY FOR
30 CULTURAL PRESERVATION OR EXPANSION OF EDUCATIONAL OPPORTUNITIES.
31 2. ANY ENTITY THAT APPLIES FOR ANY TAX, UTILITY RATE, OR MANAGEMENT
32 ASSISTANCE BENEFITS PROVIDED BY THIS ARTICLE SHALL PROVIDE NINETY DAYS
33 WRITTEN NOTICE TO THE COMMISSIONER, THE LOCAL CULTURAL DEVELOPMENT AREA
34 CERTIFICATION OFFICER, THE LOCAL CULTURAL DEVELOPMENT AREA ADMINISTRA-
35 TIVE BOARD AND THE EMPLOYEES OF SUCH BUSINESS ENTERPRISE OF ANY INTENT
36 TO CLOSE OR PARTIALLY CLOSE A FACILITY WITHIN THE CULTURAL DEVELOPMENT
37 AREA. FOR THE PURPOSES OF THIS SECTION, "CLOSING" MEANS THE PERMANENT
38 TERMINATION OF EMPLOYMENT AT A BUSINESS FACILITY, AND "PARTIAL CLOSING"
39 MEANS THE PERMANENT TERMINATION OF A PORTION OF THE EMPLOYMENT AT A
40 BUSINESS FACILITY THAT WILL EITHER IMMEDIATELY REDUCE THE WORK FORCE BY
41 AT LEAST FIFTY EMPLOYEES OR WILL REDUCE THE WORK FORCE BY AT LEAST FIFTY
42 PERCENT OVER A ONE-YEAR PERIOD.
43 3. AN ARTS CORPORATION, A CULTURAL FACILITY, OR SERVICE MEETING THE
44 REQUIREMENTS ESTABLISHED IN THIS SECTION SHALL BE CERTIFIED, AND SHALL
45 BE ELIGIBLE FOR THE BENEFITS PROVIDED FOR IN THIS ARTICLE TO THE EXTENT
46 PROVIDED HEREIN.
47 4. THE LOCAL CULTURAL DEVELOPMENT AREA ADMINISTRATIVE BOARD SHALL:
48 (A) DEVELOP SHORT-TERM GOALS FOR AREA ACTIVITIES ON AN ANNUAL BASIS;
49 (B) PREPARE, OR CAUSE TO BE PREPARED, AN ANNUAL REPORT AND SUBMIT
50 COPIES TO THE DEPARTMENT OF AUDIT AND CONTROL, DEPARTMENT OF TAXATION
51 AND FINANCE, THE CHAIRPERSON OF THE COUNCIL ON THE ARTS, THE TEMPORARY
52 PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY AND DEPARTMENT OF
53 ECONOMIC DEVELOPMENT ON OR BEFORE THE FIRST DAY OF JULY NEXT SUCCEEDING
54 THE YEAR TO WHICH THE REPORT PERTAINS, REGARDING CULTURAL DEVELOPMENT
55 AREA ACTIVITIES, INCLUDING INFORMATION WHICH WOULD ALLOW FOR SUBSTANTIVE
56 REVIEW OF THE AREA'S STRATEGIES AND PROGRESS OF THE AREA IN MEETING ITS
A. 3563 21
1 SHORT-TERM OBJECTIVES, AND AN ANALYSIS OF THE EXTENT TO WHICH THE LONG-
2 TERM GOALS SET FORTH IN THE CULTURAL DEVELOPMENT AREA PLAN AND APPLICA-
3 TION HAVE BEEN MET. THE AREA ADMINISTRATIVE ENTITIES AND OTHER LOCAL
4 OFFICIALS AND AGENCIES SHALL FULLY COOPERATE WITH THE AREA ADMINISTRA-
5 TIVE BOARD IN THE ANNUAL PERFORMANCE REVIEW AND IN THE BOARD'S PERFORM-
6 ANCE OF ITS OTHER DUTIES. LOCAL OFFICIALS, STATE AGENCIES, AND CERTIFIED
7 ENTITIES SHALL PROVIDE INFORMATION REQUESTED BY THE AREA ADMINISTRATIVE
8 BOARD WHICH IS NECESSARY FOR SUCH REVIEW. SUCH REPORT SHALL ALSO
9 INCLUDE A CURRENT DESCRIPTION OF THE SPECIFIC STRATEGIES AND PRIORITIES
10 FOR ECONOMIC REVITALIZATION OF THE AREA, INCLUDING, BUT NOT LIMITED TO:
11 (I) THE NUMBER OF JOBS CREATED;
12 (II) THE NUMBER OF JOBS RETAINED;
13 (III) THE AMOUNT OF PRIVATE CAPITAL LEVERAGED WITH PUBLIC FUNDS;
14 (IV) THE NUMBER OF BUSINESSES EXPANDED OR RETAINED AND NEW BUSINESSES
15 CREATED, AND THE TYPE OF BUSINESSES EXPANDED, RETAINED OR CREATED;
16 (V) THE IMPROVEMENTS IN THE PHYSICAL INFRASTRUCTURE OF THE AREA;
17 (VI) THE CULTURAL HERITAGE IMPROVED, ADDED TO, OR PRESERVED.
18 THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO SET FORTH
19 STANDARDS TO BE USED TO MEASURE PERFORMANCE AGAINST OBJECTIVES ON AN
20 ANNUAL BASIS IN ORDER TO FACILITATE THE REQUIREMENTS OF THIS PARAGRAPH,
21 AND SHALL REQUIRE THAT FOR PURPOSES OF THE REPORT, ALL JOBS SHALL BE
22 MEASURED ON A FULL-TIME EQUIVALENCY BASIS;
23 (C) UNDERTAKE EFFORTS TO ENSURE MEANINGFUL PARTICIPATION BY MINORITY-
24 OWNED AND WOMEN-OWNED BUSINESS ENTERPRISES IN CULTURAL DEVELOPMENT AREA
25 ACTIVITIES;
26 (D) ENTER INTO AGREEMENTS WITH THE COMMISSIONERS OF ECONOMIC DEVELOP-
27 MENT, LABOR, AND SOCIAL SERVICES, LOCAL DEPARTMENTS OF SOCIAL SERVICES,
28 AND LOCAL EDUCATION AGENCIES AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION
29 ONE OF SECTION THREE THOUSAND THIRTY-TWO OF THE EDUCATION LAW, LOCAL
30 COMMUNITY-BASED ORGANIZATIONS, PRIVATE EMPLOYERS, LABOR UNIONS, THE
31 ADMINISTRATIVE ENTITY AND PRIVATE INDUSTRY COUNCIL FOR THE SERVICE
32 DELIVERY AREA ESTABLISHED UNDER THE JOB TRAINING PARTNERSHIP ACT (P.L.
33 97-300, AS AMENDED) THAT INCLUDES THE CULTURAL DEVELOPMENT AREA, AND ANY
34 OTHER PERSON OR STATE OR FEDERAL AGENCY FOR THE PURPOSE OF ESTABLISHING,
35 IMPLEMENTING AND COORDINATING JOB TRAINING PROGRAMS FOR WORKERS AND
36 BUSINESSES TO BE LOCATED IN A CULTURAL DEVELOPMENT AREA; PROVIDED,
37 HOWEVER, THAT:
38 (I) ANY AGREEMENT TO ESTABLISH A JOB TRAINING PROGRAM DESIGNED TO MEET
39 THE SPECIFIC NEEDS OF AN EMPLOYER SHALL REQUIRE SUCH EMPLOYER TO RETAIN
40 IN ITS EMPLOY FOR NOT LESS THAN SIX MONTHS AN EMPLOYEE WHO HAS SATISFAC-
41 TORILY COMPLETED A COURSE OF TRAINING FOR A PARTICULAR JOB OPENING
42 UNLESS SUCH EMPLOYEE VOLUNTARILY LEAVES SUCH EMPLOYMENT OR IS DISCHARGED
43 FOR MISCONDUCT OR OTHER GOOD CAUSE, SUCH EMPLOYMENT TO BE MEASURED ON A
44 FULL-TIME EQUIVALENCY BASIS; AND
45 (II) ANY JOB TRAINING PROGRAM ESTABLISHED PURSUANT TO THIS SECTION
46 SHALL MAKE USE OF THE COMMUNITY SERVICE DIVISION OF THE LABOR DEPARTMENT
47 AS WELL AS OTHER SOURCES FOR THE PURPOSE OF RECRUITMENT;
48 (E) IN COOPERATION WITH LOCAL SOCIAL SERVICES OFFICIALS, ESTABLISH A
49 JOB TRAINING OPPORTUNITIES PROGRAM SPONSORED BY PRIVATE EMPLOYERS;
50 (F) ENTER INTO AGREEMENTS WITH LOCAL DEPARTMENTS OF SOCIAL SERVICES OR
51 COMMUNITY-BASED ORGANIZATIONS TO FACILITATE THE PROVISION OF ANCILLARY
52 OR ENHANCED SOCIAL SERVICES, INCLUDING LICENSED AND CERTIFIED CHILD DAY
53 CARE, IN ANY SUCH AREA;
54 (G) ENSURE THAT JOB TRAINING PROGRAMS MEET STANDARDS OF INSTRUCTIONAL
55 QUALITY ESTABLISHED IN REGULATIONS PROMULGATED BY THE COMMISSIONER OF
56 EDUCATION;
A. 3563 22
1 (H) ORGANIZE OR USE AN EXISTING HUMAN RESOURCE DEVELOPMENT NETWORK
2 WITHIN THE AREA, INCLUDING A COMMITTEE OF REPRESENTATIVES OF HUMAN
3 RESOURCE AGENCIES AND ORGANIZATIONS SERVING THE AREA, ORGANIZED LABOR
4 AND BUSINESS REPRESENTATIVES, TO DEVELOP STRATEGIES AND ACTIVITIES FOR
5 IMPROVING THE COORDINATION AND DELIVERY OF HUMAN SERVICES TO RESIDENTS
6 OF THE AREA AND AREA BUSINESSES;
7 (I) PREPARE AND IMPLEMENT A SMALL BUSINESS DEVELOPMENT AND ASSISTANCE
8 PLAN;
9 (J) IN CONJUNCTION WITH AREA ADMINISTRATIVE ENTITIES, DEVELOP AND
10 IMPLEMENT A SYSTEM FOR CONTINUOUS MONITORING AND EVALUATION OF AREA
11 PERFORMANCE AT THE LOCAL LEVEL CONSISTENT WITH THE GUIDELINES SET FORTH
12 IN THIS ARTICLE;
13 (K) PROVIDE WITHIN THE AREA, OR CONTRACT WITH A NEW OR EXISTING COMMU-
14 NITY-BASED LOCAL DEVELOPMENT CORPORATION OR ENTITY TO PROVIDE, STRATEGIC
15 ECONOMIC DEVELOPMENT PLANNING FOR THE AREA, MARKETING AND PROMOTION OF
16 THE AREA, ASSISTANCE TO ENTITIES IN APPLYING FOR AVAILABLE BENEFITS,
17 PREPARATION OF APPLICATIONS FOR FINANCING ASSISTANCE AND OTHER TECHNICAL
18 ASSISTANCE SERVICES; COORDINATION OF THE DELIVERY OF STATE AND LOCAL
19 PROGRAMS WITHIN THE AREAS; AND OPERATION OF SUCH OTHER ECONOMIC DEVELOP-
20 MENT ASSISTANCE PROGRAMS IN FURTHERANCE OF THE CULTURAL DEVELOPMENT AREA
21 PLAN AS MAY BE APPROPRIATE. PROVIDED, HOWEVER, WITHIN THE AMOUNT APPRO-
22 PRIATED THEREFOR AND ALLOCATED BY THE DIRECTOR OF THE BUDGET, THE
23 COMMISSIONER, THROUGH ANNUAL ADMINISTRATIVE CONTRACTS, SHALL, TO THE
24 MAXIMUM EXTENT FEASIBLE, MAKE EQUALLY AVAILABLE FINANCIAL SUPPORT,
25 THROUGH CONTRACTS OR OTHER MEANS, TO ASSIST WITH THE ADMINISTRATIVE
26 EXPENSES OF THE LOCAL AREA ADMINISTRATIVE BODIES OR COMMUNITY-BASED
27 DEVELOPMENT ORGANIZATIONS. NO FUNDS SHALL BE MADE AVAILABLE FOR THIS
28 PURPOSE UNLESS THE AMOUNT TO BE PROVIDED HAS BEEN MATCHED BY PRIVATE OR
29 GOVERNMENTAL SOURCES, OTHER THAN STATE SOURCES, IN AMOUNTS AT LEAST
30 EQUALING THAT TO BE PROVIDED BY THE STATE. SUCH MATCHING FUNDS SHALL BE
31 EARMARKED AND USED EXCLUSIVELY FOR THE LOCAL ADMINISTRATION OF THE AREA
32 PROGRAM OR FOR ACTIVITIES OF THE AREA PROGRAM. AT LEAST FIFTY PERCENT OF
33 SUCH MATCHING FUNDS SHALL BE IN CASH, PROVIDED THAT THE COMMISSIONER MAY
34 WAIVE THIS REQUIREMENT FOR COMMUNITIES WITH POPULATIONS OF TWENTY-FIVE
35 THOUSAND OR LESS, AND PROVIDED, FURTHER, THAT ANY AMOUNTS APPROPRIATED
36 FOR MINORITY AND WOMEN-OWNED BUSINESS DEVELOPMENT WITHIN THE AREAS SHALL
37 BE DISTRIBUTED BY THE COMMISSIONER PURSUANT TO A COMPETITIVE PROPOSAL
38 SOLICITATION PROCESS.
39 (L) THE ANNUAL REPORT OF THE LOCAL CULTURAL DEVELOPMENT AREA ADMINIS-
40 TRATIVE BOARD REQUIRED BY THIS SECTION SHALL, SUBJECT TO PRIVACY LIMITA-
41 TIONS, INCLUDE, BUT NOT BE LIMITED TO A COMPLETE LIST OF ALL PROPERTY
42 WITHIN THE AREA, IF ANY, GRANTED AN EXEMPTION UNDER SECTION FOUR HUNDRED
43 EIGHTY-FIVE-E OF THE REAL PROPERTY TAX LAW, TOGETHER WITH THE ASSESSED
44 VALUE THEREOF AND THE AMOUNT OF SUCH EXEMPTION, FOR EACH MUNICIPAL
45 CORPORATION WHICH GRANTED SUCH EXEMPTION. SUCH LIST SHALL ALSO SET
46 FORTH FOR EACH MUNICIPAL CORPORATION GRANTING SUCH EXEMPTION:
47 (1) THE TAX RATE FOR THE YEAR TO WHICH THE REPORT PERTAINS;
48 (2) THE AMOUNT OF REAL PROPERTY TAX THAT WOULD HAVE BEEN PAID IN THE
49 AGGREGATE BY THE OWNERS OF REAL PROPERTY GRANTED AN EXEMPTION UNDER
50 SECTION FOUR HUNDRED EIGHTY-FIVE-E OF THE REAL PROPERTY TAX LAW IF THE
51 PROPERTY WAS FULLY TAXABLE AT THAT RATE;
52 (3) THE AMOUNT OF TAX ACTUALLY PAID IN THE AGGREGATE BY SUCH OWNERS;
53 (4) THE TOTAL INCREMENTAL VALUE, IF ANY, AS DEFINED IN SUBDIVISION (E)
54 OF SECTION NINE HUNDRED SIXTY-SEVEN OF THE GENERAL MUNICIPAL LAW, OF
55 TAXABLE REAL PROPERTY IN EACH CITY, TOWN, VILLAGE OR COUNTY WITHIN THE
A. 3563 23
1 CULTURAL DEVELOPMENT AREA, TOGETHER WITH THE TOTAL AMOUNT OF TAX INCRE-
2 MENTS WHICH ARE SEGREGATED PURSUANT TO SUBDIVISION (G) OF SUCH SECTION;
3 (5) THE TOTAL DOLLAR VALUE OF THE REFUND OR CREDIT OF TAXES IMPOSED
4 PURSUANT TO THE AUTHORITY OF ARTICLE TWENTY-NINE OF THE TAX LAW ON
5 RECEIPTS FROM THE SALE OF CERTAIN MATERIALS USED IN CONSTRUCTING,
6 EXPANDING OR REHABILITATING CERTAIN BUSINESS PROPERTY LOCATED IN THE
7 CULTURAL DEVELOPMENT AREA AS AUTHORIZED BY CLAUSE SIX OF SUBDIVISION (A)
8 OF SECTION ELEVEN HUNDRED NINETEEN OF THE TAX LAW;
9 (6) THE TOTAL DOLLAR VALUE OF THE REFUND OR CREDIT OF TAXES IMPOSED
10 UNDER ARTICLE TWENTY-EIGHT OF THE TAX LAW ON RECEIPTS FROM THE SALE OF
11 MATERIALS USED IN CONSTRUCTING, EXPANDING OR REHABILITATING CERTAIN
12 BUSINESS PROPERTY LOCATED IN THE CULTURAL DEVELOPMENT AREA, AS AUTHOR-
13 IZED BY CLAUSE SIX OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED NINETEEN
14 OF THE TAX LAW;
15 (7) THE NUMBER OF TAXPAYERS CLAIMING EACH OF THE FOLLOWING TAX CREDITS
16 OR REFUNDS, TOGETHER WITH THE TOTAL AMOUNT OF EACH CREDIT CLAIMED BY
17 TAXPAYERS IN THE AGGREGATE AGAINST THEIR TAXES IN THE YEAR TO WHICH THE
18 REPORT PERTAINS, RESULTING FROM TAXPAYER ACTIVITY IN THE CULTURAL DEVEL-
19 OPMENT AREA OR INVESTMENTS MADE BY TAXPAYERS IN THE CAPITAL CORPORATION
20 ESTABLISHED FOR THAT CULTURAL DEVELOPMENT AREA:
21 (A) CREDITS AGAINST THE TAX IMPOSED UNDER ARTICLE NINE-A OF THE TAX
22 LAW, BASED ON INVESTMENTS IN CERTAIN ELIGIBLE PROPERTY IN A CULTURAL
23 DEVELOPMENT AREA, AS AUTHORIZED BY SUBDIVISIONS TWELVE-B AND TWELVE-C OF
24 SECTION TWO HUNDRED TEN OF THE TAX LAW;
25 (B) CREDITS AGAINST THE TAX IMPOSED UNDER ARTICLE TWENTY-TWO OF THE
26 TAX LAW, BASED ON INVESTMENTS IN CERTAIN ELIGIBLE PROPERTY IN THE
27 CULTURAL DEVELOPMENT AREA, AS AUTHORIZED BY SUBSECTION (J) OF SECTION
28 SIX HUNDRED SIX OF THE TAX LAW;
29 (C) CREDITS AGAINST TAXES IMPOSED UNDER ARTICLES NINE-A, TWENTY-TWO,
30 THIRTY-TWO AND THIRTY-THREE OF THE TAX LAW, BASED ON WAGES PAID TO
31 CERTAIN EMPLOYEES EMPLOYED BY A BUSINESS LOCATED IN A CULTURAL DEVELOP-
32 MENT AREA, AS AUTHORIZED BY SUBDIVISION NINETEEN OF SECTION TWO HUNDRED
33 TEN, SUBSECTION (K) OF SECTION SIX HUNDRED SIX, SUBSECTION (E) OF
34 SECTION FOURTEEN HUNDRED FIFTY-SIX AND SUBDIVISION (G) OF SECTION
35 FIFTEEN HUNDRED ELEVEN, RESPECTIVELY, OF THE TAX LAW;
36 (D) CREDITS AGAINST THE TAX LAW IMPOSED UNDER ARTICLES NINE-A, TWEN-
37 TY-TWO, THIRTY-TWO AND THIRTY-THREE OF THE TAX LAW, BASED ON INVESTMENTS
38 IN THE STOCK OF A CULTURAL DEVELOPMENT AREA CAPITAL CORPORATION, AS
39 AUTHORIZED BY SUBDIVISION TWENTY OF SECTION TWO HUNDRED TEN, SUBSECTION
40 (1) OF SECTION SIX HUNDRED SIX, SUBSECTION (D) OF SECTION FOURTEEN
41 HUNDRED FIFTY-SIX, AND SUBDIVISION (H) OF SECTION FIFTEEN HUNDRED ELEVEN
42 OF THE TAX LAW;
43 (E) THE TOTAL AMOUNT OF REDUCTIONS IN UTILITY COSTS OF NON-RETAIL
44 BUSINESS CUSTOMERS IN THE CULTURAL DEVELOPMENT AREA, AS AUTHORIZED BY
45 SUBDIVISION EIGHT OF SECTION ONE HUNDRED EIGHTY-SIX-A OF THE TAX LAW;
46 (F) A STATEMENT SUMMARIZING ALL AMOUNTS RECEIVED AS, AND EXPENDITURES
47 MADE FROM, FINANCIAL SUPPORT FOR ADMINISTRATIVE EXPENSES PURSUANT TO
48 THIS SECTION; AND
49 (G) ANY OTHER INFORMATION REGARDING CULTURAL DEVELOPMENT AREA ACTIV-
50 ITIES WHICH THE DEPARTMENT MAY REQUIRE UPON ITS OWN REQUEST OR THAT OF
51 THE DEPARTMENT OF AUDIT AND CONTROL, DEPARTMENT OF TAXATION AND FINANCE,
52 OR THE COUNCIL ON THE ARTS.
53 (8) IN ADDITION TO THE INFORMATION REQUIRED HEREINABOVE, SUCH REPORT
54 SHALL ALSO SET FORTH, WITH RESPECT TO ALL PREVIOUS YEARS FOR WHICH
55 REPORTS WERE ISSUED, A CUMULATIVE SUMMARY OF THE TOTAL AMOUNT OF REAL
56 PROPERTY TAXES THAT WOULD HAVE BEEN RECEIVED BY EACH MUNICIPAL CORPO-
A. 3563 24
1 RATION WITHIN THE AREA IF THE REAL PROPERTY GRANTED AN EXEMPTION UNDER
2 SECTION FOUR HUNDRED EIGHTY-FIVE-E OF THE REAL PROPERTY TAX LAW HAD BEEN
3 FULLY TAXED AT THE TAX RATE FOR THE APPROPRIATE YEAR, THE TOTAL AMOUNT
4 OF TAX INCREMENTS SEGREGATED FOR INFRASTRUCTURE IMPROVEMENTS BY EACH
5 CITY, TOWN, VILLAGE OR COUNTY WITHIN THE AREA, THE TOTAL AMOUNT OF EACH
6 OF THE CREDITS OR REFUNDS SET FORTH IN THIS SUBDIVISION FOR ACTIVITIES
7 OR INVESTMENTS WITHIN THE AREA, AND THE TOTAL AMOUNTS RECEIVED AND
8 EXPENDITURES MADE FROM ANY FINANCIAL SUPPORT PURSUANT TO THIS SECTION.
9 (9) AT THE REQUEST OF ANY LOCAL CULTURAL DEVELOPMENT AREA ADMINISTRA-
10 TIVE BOARD, THE DEPARTMENT OF TAXATION AND FINANCE, THE DEPARTMENT OF
11 ECONOMIC DEVELOPMENT, THE PUBLIC SERVICE COMMISSION AND ANY MUNICIPAL
12 CORPORATION WITHIN THE CULTURAL DEVELOPMENT AREA SHALL, TO THE EXTENT
13 THAT IT POSSESSES ANY OF THE INFORMATION REQUIRED BY THIS SECTION, AND
14 TO THE EXTENT THAT SUCH INFORMATION CAN BE DISCLOSED WITHOUT VIOLATING
15 THE SECRECY PROVISIONS CONTAINED IN SECTIONS TWO HUNDRED TWO, TWO
16 HUNDRED ELEVEN, SIX HUNDRED NINETY-SEVEN, ELEVEN HUNDRED FORTY-SIX,
17 TWELVE HUNDRED FIFTY, FOURTEEN HUNDRED SIXTY-SEVEN AND FIFTEEN HUNDRED
18 EIGHTEEN OF THE TAX LAW, PROVIDE THAT INFORMATION TO THE LOCAL CULTURAL
19 DEVELOPMENT AREA ADMINISTRATIVE BOARD FOR INCLUSION IN ITS ANNUAL
20 REPORT. THE AMOUNT OF ANY REAL PROPERTY TAXES REQUIRED TO BE SET FORTH
21 IN THE REPORT PURSUANT TO THIS SECTION SHALL BE COMPUTED AND FURNISHED
22 TO THE AREA'S ADMINISTRATIVE BOARD BY THE MUNICIPALITY WHICH LEVIED THE
23 TAX. THE FAILURE OF ANY CULTURAL DEVELOPMENT AREA ADMINISTRATIVE BOARD
24 TO PREPARE AND SUBMIT A REPORT AS REQUIRED BY THIS SECTION SHALL MAKE
25 THE BOARD OR OTHER COMMUNITY-BASED DEVELOPMENT ORGANIZATION INELIGIBLE
26 TO RECEIVE ANY FINANCIAL SUPPORT FOR ADMINISTRATIVE EXPENSES AUTHORIZED
27 BY THIS SECTION; PROVIDED, HOWEVER, THAT SUCH FINANCIAL ASSISTANCE SHALL
28 NOT BE WITHHELD ON ACCOUNT OF THE REPORT'S FAILURE TO INCLUDE ANY INFOR-
29 MATION WHICH IS REQUIRED BY THIS SECTION BUT IS NOT AVAILABLE TO THE
30 CULTURAL DEVELOPMENT AREA ADMINISTRATIVE BOARD.
31 S 6.16. DISPOSITION OF PROPERTY. 1. NOTWITHSTANDING ANY PROVISION OF
32 ANY OTHER LAW TO THE CONTRARY, IN ORDER TO FURTHER THE PURPOSES OF THE
33 CULTURAL DEVELOPMENT AREAS PROGRAM, ANY REAL OR PERSONAL PROPERTY
34 LOCATED WITHIN A CULTURAL DEVELOPMENT AREA AND OWNED BY ANY LOCAL
35 GOVERNMENTAL ENTITY IN WHOSE JURISDICTION A CULTURAL DEVELOPMENT AREA IS
36 LOCATED, MAY BE SOLD OR LEASED FOR A TERM NOT EXCEEDING NINETY-NINE
37 YEARS TO A PRIVATE USER, A COMMUNITY-BASED ORGANIZATION, A PUBLIC BENE-
38 FIT CORPORATION OR ANY OTHER PERSON; PROVIDED, HOWEVER, THAT EACH
39 CONTRACT FOR SUCH SALE, AND EACH SUCH LEASE, SHALL OBLIGATE THE BUYER OR
40 LESSEE TO COMPLY WITH THE PROVISIONS OF THIS ARTICLE AND THE CULTURAL
41 DEVELOPMENT AREA DEVELOPMENT PLAN FILED WITH THE COMMISSIONER PURSUANT
42 TO SECTION 6.05 OF THIS ARTICLE. SUCH OBLIGATIONS CONTAINED IN A
43 CONTRACT FOR THE SALE OF REAL PROPERTY SHALL SURVIVE DELIVERY OF THE
44 DEED. A BREACH BY THE BUYER OR LESSEE OF A MATERIAL OBLIGATION OF SUCH
45 CONTRACT OR LEASE SHALL, IN ADDITION TO ANY OTHER REMEDIES AVAILABLE TO
46 THE SELLER OR LESSOR UNDER THE CONTRACT, TERMINATE THE ELIGIBILITY OF
47 THE BUYER OR LESSEE FOR ANY BENEFITS PROVIDED IN THIS ARTICLE.
48 2. ANY REAL OR PERSONAL PROPERTY OWNED BY ANY LOCAL GOVERNMENTAL ENTI-
49 TY OR THE STATE AND LOCATED WITHIN A CULTURAL DEVELOPMENT AREA MAY BE
50 SOLD OR LEASED TO ANY PERSON PURSUANT TO THIS SECTION WITHOUT PUBLIC
51 BIDDING OR PUBLIC SALE; PROVIDED, HOWEVER, THAT THERE IS PUBLISHED IN AT
52 LEAST ONE NEWSPAPER OF GENERAL CIRCULATION IN THE MUNICIPALITY IN WHICH
53 THE CULTURAL DEVELOPMENT AREA IS LOCATED A NOTICE WHICH SHALL INCLUDE A
54 STATEMENT OF THE IDENTITY OF THE PROPOSED PURCHASER OR LESSEE AND A
55 DESCRIPTION OF ITS PROPOSED USE OR RE-USE OF THE PROPERTY, THE PRICE OR
56 RENTAL TO BE PAID BY SUCH PURCHASER OR LESSEE, ALL OTHER ESSENTIAL
A. 3563 25
1 CONDITIONS OF SUCH SALE OR LEASE, AND A STATEMENT THAT A PUBLIC HEARING
2 UPON SUCH SALE OR LEASE WILL BE HELD BY THE SELLER OR LESSOR OF THE
3 PROPERTY AT A SPECIFIED TIME AND PLACE ON A DATE NOT LESS THAN TEN DAYS
4 NOR MORE THAN THIRTY DAYS AFTER SUCH PUBLICATION, AND PROVIDED FURTHER
5 THAT SUCH PUBLIC HEARING IS HELD IN ACCORDANCE WITH SUCH NOTICE.
6 S 6.17. TERMINATION OR REVISION OF A CULTURAL DEVELOPMENT AREA. 1.
7 EXCEPT AS PROVIDED IN THIS SECTION, ANY DESIGNATION OF AN AREA AS A
8 CULTURAL DEVELOPMENT AREA SHALL REMAIN IN EFFECT DURING THE PERIOD
9 BEGINNING ON THE DATE OF DESIGNATION AND ENDING FIVE YEARS LATER. THE
10 COMMISSIONER MAY REVOKE A DESIGNATION PRIOR TO SUCH DATE IF HE OR SHE
11 FINDS THAT A PUBLIC INTEREST IS NOT BEING SERVED BY THE CULTURE AREA, OR
12 THAT PROPOSED PROJECTS IN THE AREA HAVE NOT BEEN COMPLETED OR ARE NOT
13 ADEQUATELY NEAR COMPLETION WITHIN THREE YEARS OF THE DATE OF DESIG-
14 NATION.
15 2. AFTER CONSULTATION WITH THE DIRECTOR OF THE BUDGET AND THE CHAIR-
16 PERSON OF THE COUNCIL ON THE ARTS, THE COMMISSIONER MAY TERMINATE THE
17 DESIGNATION OF AN AREA AS A CULTURAL DEVELOPMENT AREA UPON A FINDING
18 THAT:
19 (A) THE APPLICANT HAS FAILED SUBSTANTIALLY TO IMPLEMENT THE CULTURAL
20 DEVELOPMENT AREA DEVELOPMENT PLAN WITHIN THE TIME STATED THEREIN;
21 (B) THERE HAS BEEN NO SUBSTANTIAL BUSINESS DEVELOPMENT OR JOB CREATION
22 WITHIN THE AREA DESIGNATED AS A CULTURAL DEVELOPMENT AREA WITHIN FIVE
23 YEARS AFTER SUCH DESIGNATION;
24 (C) THERE HAS BEEN INADEQUATE MANAGEMENT AND EVALUATION OF THE AREA AT
25 THE LOCAL LEVEL; OR
26 (D) THE APPLICANT HAS REPEATEDLY FAILED TO COMPLY WITH PROGRAM REPORT-
27 ING REQUIREMENTS,
28 PROVIDED, HOWEVER, THAT NO TERMINATION SHALL OCCUR UNLESS AND UNTIL
29 WRITTEN NOTICE HAS BEEN GIVEN TO THE APPLICANT AND A PUBLIC HEARING HAS
30 BEEN HELD THIRTY DAYS PRIOR TO THE EFFECTIVE DATE OF SUCH TERMINATION.
31 3. THE GOVERNING BODY OF A CITY, COUNTY, TOWN OR VILLAGE MAY, BY
32 RESOLUTION, SUBMIT TO THE COMMISSIONER A REQUEST TO REVISE THE BOUNDA-
33 RIES OF AN EXISTING CULTURAL DEVELOPMENT AREA. THE COMMISSIONER MAY,
34 AFTER CONSULTATION WITH THE COMMISSIONER OF LABOR, APPROVE SUCH REVISION
35 SUBJECT TO THE FOLLOWING PROVISIONS:
36 (A) ANY REVISION OF THE BORDERS OF A CULTURAL DEVELOPMENT AREA SHALL
37 BE BASED UPON A DETERMINATION BY THE COMMISSIONER THAT A CHANGE IN
38 CIRCUMSTANCES HAS OCCURRED SINCE THE ESTABLISHMENT OF THE EXISTING
39 BORDERS WHICH MAKES REVISION OF SUCH BORDERS NECESSARY OR DESIRABLE.
40 (B) THE COMMISSIONER SHALL AFFIRM THAT SUCH REVISION WOULD NOT HAVE
41 THE EFFECT OF PRODUCING A CULTURAL DEVELOPMENT AREA WHICH DOES NOT
42 SATISFY THE CRITERIA FOR CULTURAL DEVELOPMENT AREA DESIGNATION ESTAB-
43 LISHED BY OR PURSUANT TO THIS ARTICLE.
44 (C) THE COMMISSIONER MAY GRANT APPROVAL OF REVISION OF THE BORDERS OF
45 A CULTURAL DEVELOPMENT AREA WITHOUT PUBLIC NOTICE AND WITHOUT HEARING IF
46 SUCH REVISION ADDS TERRITORY TO AN EXISTING CULTURAL DEVELOPMENT AREA
47 BUT DOES NOT REMOVE TERRITORY FROM SUCH AREA.
48 (D) THE COMMISSIONER MAY GRANT APPROVAL OF A REVISION OF THE BORDERS
49 OF A CULTURAL DEVELOPMENT AREA AFTER PUBLIC NOTICE OF SUCH PROPOSED
50 REVISION AND A PUBLIC HEARING AT LEAST THIRTY DAYS PRIOR TO THE EFFEC-
51 TIVE DATE OF SUCH REVISION, IF SUCH REVISION REMOVES TERRITORY FROM AN
52 EXISTING CULTURAL DEVELOPMENT AREA.
53 (E) THE REVISION OF THE BORDERS OF A CULTURAL DEVELOPMENT AREA SHALL
54 HAVE NO EFFECT ON THE DURATION OF THE DESIGNATION OF SUCH CULTURAL
55 DEVELOPMENT AREA AS PROVIDED BY SUBDIVISION ONE OF THIS SECTION.
A. 3563 26
1 (F) ANY REQUEST TO REVISE THE BOUNDARIES OF AN EXISTING CULTURAL
2 DEVELOPMENT AREA SUBMITTED TO THE COMMISSIONER ON OR AFTER JANUARY
3 FIFTEENTH, TWO THOUSAND TWELVE SHALL NOT RESULT IN THE FINAL DESIGNATION
4 OF LESS THAN FIFTY PERCENT OF THE EXISTING AREA'S UNDESIGNATED ACREAGE
5 ON OR AFTER SUCH DATE IN MORE THAN THREE NONCONTIGUOUS AREAS. ANY
6 REQUEST BY AN EXISTING AREA TO THE COMMISSIONER FOR THE DESIGNATION OF
7 UP TO TWENTY-FIVE PERCENT OF THE EXISTING AREA'S REMAINING UNDESIGNATED
8 ACREAGE ON OR AFTER SUCH DATE SHALL DEMONSTRATE THAT THE PROPOSED ACRE-
9 AGE OFFERS A SIGNIFICANT CONTRIBUTION TO THE ECONOMIC REVITALIZATION OF
10 THE AREA AND SURROUNDING AREA, TO INCLUDE THE CREATION OR RETENTION OF
11 PRIVATE SECTOR JOBS, OR A PLAN TO DEMONSTRATE THAT THE CAPITAL, HUMAN
12 RESOURCE, OR OTHER INVESTMENT BY BUSINESSES LOCATED WITHIN THE PROPOSED
13 ACREAGE WILL APPROXIMATE FIFTY PERCENT OF THE PROJECTED AGGREGATE AMOUNT
14 OF AREA BENEFITS TO BE RECEIVED BY THE CERTIFIED ENTITY LOCATED WITHIN
15 THE PROPOSED ACREAGE DURING THE FIRST TWELVE MONTHS FOLLOWING SUCH
16 DESIGNATION; AND THAT THE PROPOSED ACREAGE IS SERVICED, OR WILL BE
17 SERVICED, BY PUBLIC TRANSPORTATION AVAILABLE TO AREA OR COMMUNITY RESI-
18 DENTS, OR OTHER PROSPECTIVE EMPLOYEES, IN THOSE AREAS WHERE A PUBLIC
19 TRANSPORTATION SYSTEM ALREADY EXISTS AND WHERE SUCH SERVICE IS ECONOM-
20 ICALLY FEASIBLE; BUT ONLY AFTER PUBLIC NOTICE OF SUCH PROPOSED REVISION
21 AND A PUBLIC HEARING AT LEAST THIRTY DAYS PRIOR TO THE EFFECTIVE DATE OF
22 SUCH REVISION. PROVIDED, HOWEVER, IF AN EXISTING AREA DEMONSTRATES THAT
23 A PROJECT WHICH WILL ENHANCE THE ECONOMIC REVITALIZATION OF THE AREA AND
24 BENEFIT AREA RESIDENTS CANNOT BE INCLUDED WITHIN ONE OF THE THREE
25 NONCONTIGUOUS AREAS, AND UPON THE COMMISSIONER'S DETERMINATION THAT
26 INCLUSION OF SUCH ADDITIONAL NONCONTIGUOUS LANDS POSES SIGNIFICANT
27 POTENTIAL FOR ECONOMIC DEVELOPMENT, TO INCLUDE JOB CREATION OF NO LESS
28 THAN THREE HUNDRED NEW JOBS, MORE THAN TWENTY-FIVE PERCENT OF THE EXIST-
29 ING AREA'S UNDESIGNATED ACREAGE ON OR AFTER JANUARY FIFTEENTH, TWO THOU-
30 SAND ELEVEN CAN BE USED IN MORE THAN THREE NONCONTIGUOUS AREAS, BUT ONLY
31 AFTER PUBLIC NOTICE OF SUCH PROPOSED REVISION AND A PUBLIC HEARING AT
32 LEAST THIRTY DAYS PRIOR TO THE EFFECTIVE DATE OF SUCH REVISION.
33 (G) ANY REQUEST TO REVISE THE BOUNDARIES OF A NEW CULTURAL DEVELOPMENT
34 AREA SUBMITTED TO THE COMMISSIONER SHALL NOT RESULT IN THE FINAL DESIG-
35 NATION OF LESS THAN FIFTY PERCENT OF THE NEW AREA'S UNDESIGNATED ACREAGE
36 IN MORE THAN THREE NONCONTIGUOUS AREAS. ANY REQUEST BY A NEW AREA TO THE
37 COMMISSIONER FOR THE DESIGNATION OF UP TO TWENTY-FIVE PERCENT OF THE NEW
38 AREA'S REMAINING UNDESIGNATED ACREAGE SHALL DEMONSTRATE THAT: THE
39 PROPOSED ACREAGE OFFERS A SIGNIFICANT CONTRIBUTION TO THE ECONOMIC REVI-
40 TALIZATION OF THE AREA AND SURROUNDING AREA, TO INCLUDE THE CREATION OR
41 RETENTION OF PRIVATE SECTOR JOBS, OR A PLAN TO DEMONSTRATE THAT THE
42 CAPITAL, HUMAN RESOURCE, OR OTHER INVESTMENT BY BUSINESSES LOCATED WITH-
43 IN THE PROPOSED ACREAGE WILL APPROXIMATE FIFTY PERCENT OF THE PROJECTED
44 AGGREGATE AMOUNT OF AREA BENEFITS TO BE RECEIVED BY THE CERTIFIED BUSI-
45 NESSES LOCATED WITHIN THE PROPOSED ACREAGE DURING THE FIRST TWELVE
46 MONTHS FOLLOWING SUCH DESIGNATION; AND THAT THE PROPOSED ACREAGE IS
47 SERVICED, OR WILL BE SERVICED, BY PUBLIC TRANSPORTATION AVAILABLE TO
48 AREA OR COMMUNITY RESIDENTS, OR OTHER PROSPECTIVE EMPLOYEES, IN THOSE
49 AREAS WHERE A PUBLIC TRANSPORTATION SYSTEM ALREADY EXISTS AND WHERE SUCH
50 SERVICE IS ECONOMICALLY FEASIBLE; BUT ONLY AFTER PUBLIC NOTICE OF SUCH
51 PROPOSED REVISION AND A PUBLIC HEARING AT LEAST THIRTY DAYS PRIOR TO THE
52 EFFECTIVE DATE OF SUCH REVISION. PROVIDED, HOWEVER, IF A NEW AREA DEMON-
53 STRATES THAT A PROJECT WHICH WILL ENHANCE THE ECONOMIC REVITALIZATION OF
54 THE AREA AND BENEFIT AREA RESIDENTS CANNOT BE INCLUDED WITHIN ONE OF THE
55 THREE NONCONTIGUOUS AREAS, AND UPON THE COMMISSIONER'S DETERMINATION
56 THAT INCLUSION OF SUCH ADDITIONAL NONCONTIGUOUS LANDS POSES SIGNIFICANT
A. 3563 27
1 POTENTIAL FOR ECONOMIC DEVELOPMENT, TO INCLUDE JOB CREATION OF NO LESS
2 THAN THREE HUNDRED NEW JOBS, MORE THAN TWENTY-FIVE PERCENT OF THE NEW
3 AREA'S UNDESIGNATED ACREAGE CAN BE USED IN MORE THAN THREE NONCONTIGUOUS
4 AREAS, BUT ONLY AFTER PUBLIC NOTICE OF SUCH PROPOSED REVISION AND A
5 PUBLIC HEARING AT LEAST THIRTY DAYS PRIOR TO THE EFFECTIVE DATE OF SUCH
6 REVISION.
7 (H) IT IS THE POLICY TO ALLOW EACH AREA NO MORE THAN ONE BOUNDARY
8 AMENDMENT WITHIN A TWELVE MONTH PERIOD. IF, HOWEVER, THERE IS A CHANGE
9 IN CIRCUMSTANCES INVOLVING EXTENUATING FACTORS WITHIN THE YEAR (SUCH AS
10 THE ATTRACTION/RETENTION OF A MAJOR POTENTIAL/AREA EMPLOYER, WHICH IS
11 CONSISTENT WITH THE AREA'S DEVELOPMENT GOALS), THE REQUEST WILL BE
12 CONSIDERED.
13 (I) UPON THE TERMINATION OR REVISION OF THE BORDERS OF A CULTURAL
14 DEVELOPMENT AREA AS PROVIDED IN THIS SECTION, THE COMMISSIONER SHALL
15 FILE NOTICE OF SUCH ACTION AS REQUIRED BY SECTION NINE HUNDRED
16 FIFTY-NINE OF THE GENERAL MUNICIPAL LAW.
17 S 6.18. RESCINDING OF LOCAL INCENTIVES. SHOULD A CERTIFIED ARTS
18 CORPORATION IN A CDA BE DECERTIFIED, ANY LOCAL INCENTIVE PROVIDED BY
19 SUCH MUNICIPALITY MAY BE RESCINDED BY LOCAL LAW OR RESOLUTION BY THE
20 GOVERNING BODY OF SUCH MUNICIPALITY, NOTWITHSTANDING SUBDIVISION FIVE OF
21 SECTION FOUR HUNDRED EIGHTY-FIVE-E OF THE REAL PROPERTY TAX LAW.
22 S 3. This act shall take effect immediately.
