2006 New York Code - Restrictions On Funds Of The Agency.

 
    * §  862.  Restrictions  on  funds  of  the  agency.  1.  No financial
  assistance of the agency shall be used in respect of any project if  the
  completion thereof would result in the removal of a facility or plant of
  the  project  occupant from one area of the state to another area of the
  state or in the abandonment of one or more plants or facilities  of  the
  project  occupant  located  within  the  state,  provided, however, that
  neither restriction shall apply if the agency  shall  determine  on  the
  basis  of  the  application  before  it  that  the project is reasonably
  necessary to discourage the project occupant from  removing  such  other
  plant  or  facility  to  a  location  outside the state or is reasonably
  necessary to preserve the competitive position of the  project  occupant
  in its respective industry.
    2.  (a)  Except  as  provided in paragraph (b) of this subdivision, no
  financial assistance of the agency shall be provided in respect  of  any
  project  where  facilities or property that are primarily used in making
  retail  sales  to  customers  who  personally  visit   such   facilities
  constitute  more  than  one-third  of  the  total  project cost. For the
  purposes of this article, retail  sales  shall  mean:  (i)  sales  by  a
  registered  vendor  under  article twenty-eight of the tax law primarily
  engaged in the retail sale of tangible personal property, as defined  in
  subparagraph  (i) of paragraph four of subdivision (b) of section eleven
  hundred one of the  tax  law;  or  (ii)  sales  of  a  service  to  such
  customers.  Except,  however,  that  tourism  destination  projects  and
  projects operated by not-for-profit corporations shall not be prohibited
  by this  subdivision.  For  the  purpose  of  this  paragraph,  "tourism
  destination"  shall  mean  a  location  or  facility  which is likely to
  attract a significant number  of  visitors  from  outside  the  economic
  development  region  as established by section two hundred thirty of the
  economic development law, in which the project is located.
    (b)  Notwithstanding  the  provisions  of  paragraph   (a)   of   this
  subdivision, financial assistance may, however, be provided to a project
  where  facilities  or  property that are primarily used in making retail
  sales of goods or  services  to  customers  who  personally  visit  such
  facilities  to  obtain  such  goods  or  services  constitute  more than
  one-third of the total project cost,  where  (i)  the  project  occupant
  would, but for the assistance provided by the agency, locate the related
  jobs  outside  the state, or (ii) the predominant purpose of the project
  would be to make available goods or services which would  not,  but  for
  the  project,  be  reasonably  accessible  to the residents of the city,
  town, or village within which the  proposed  project  would  be  located
  because  of  a  lack  of  reasonably  accessible retail trade facilities
  offering such goods or services, or (iii) the project is  located  in  a
  highly distressed area.
    (c)  With  respect to projects authorized pursuant to paragraph (b) of
  this subdivision, no project shall be approved unless the  agency  shall
  find  after  the  public  hearing  required  by  section  eight  hundred
  fifty-nine-a of this chapter that undertaking the project will serve the
  public purposes of this article by preserving permanent, private  sector
  jobs  or increasing the overall number of permanent, private sector jobs
  in the state. Where the agency makes such a finding, prior to  providing
  financial  assistance  to the project by the agency, the chief executive
  officer of the municipality for whose benefit  the  agency  was  created
  shall confirm the proposed action of the agency.
    3.  No funds of the agency shall be used for the purpose of preventing
  the establishment of an industrial or manufacturing plant, nor shall any
  funds of the agency be given to  any  group  or  organization  which  is
  attempting   to   prevent   the   establishment   of  an  industrial  or
  manufacturing plant within this state nor shall such funds be  used  for
  advertising  or  promotional materials which depict elected or appointed
  government officials in either print or electronic media.
    * NB Effective until July 2, 2006
    * §  862.  Restrictions on funds of the agency. No funds of the agency
  shall be used in respect of any project if the completion thereof  would
  result  in  the  removal  of an industrial or manufacturing plant of the
  project occupant from one area of the state to another area of the state
  or in the abandonment of one or more plants or facilities of the project
  occupant located within  the  state,  provided,  however,  that  neither
  restriction  shall  apply  if the agency shall determine on the basis of
  the application before it that the project is  reasonably  necessary  to
  discourage  the  project  occupant  from  removing  such  other plant or
  facility to a location outside the state or is reasonably  necessary  to
  preserve  the  competitive  position  of  the  project  occupant  in its
  respective industry.
    * NB Effective July 2, 2006