N.Y. General Municipal Law § 969: Termination or revision of an empire zone

§ 969. Termination or revision of an empire zone. (a) Except as

provided in this section, any designation of an area as an empire zone

shall remain in effect during the period beginning on the date of

designation and ending June thirtieth, two thousand ten.

(b) After consultation with the director of the budget and the

commissioner of labor, the commissioner may terminate the designation of

an area as an empire zone upon a finding that (1) the applicant has

failed substantially to implement the empire zone development plan

within the time stated therein; (2) there has been no substantial

business development or job creation within the area designated as an

empire zone within five years after such designation; (3) there has been

inadequate management and evaluation of the zone at the local level; or

(4) the applicant has repeatedly failed to comply with program reporting

requirements, provided, however, that no termination shall occur unless

and until written notice has been given to the applicant and a public

hearing has been held thirty days prior to the effective date of such

termination.

(c) The governing body of a city, county, town or village may, by

resolution, submit to the commissioner a request to revise the

boundaries of an existing empire zone. The commissioner may, after

consultation with the commissioner of labor, approve such revision

subject to the following provisions:

(1) Any revision of the borders of an empire zone shall be based upon

a determination by the commissioner that a change in circumstances has

occurred since the establishment of the existing borders which makes

revision of such borders necessary or desirable.

(2) The commissioner shall affirm that such revision would not have

the effect of producing an empire zone which does not satisfy the

criteria for empire zone designation established by or pursuant to

section nine hundred fifty-eight of this article.

(3) The commissioner may grant approval of revision of the borders of

an empire zone after prior public notice and a public hearing at least

thirty days prior to the effective date of such revision, if such

revision adds territory to an existing empire zone.

(4) The commissioner may grant approval of a revision of the borders

of an empire zone after public notice of such proposed revision and a

public hearing at least thirty days prior to the effective date of such

revision, if such revision removes territory from an existing empire

zone.

(5) The revision of the borders of an empire zone shall have no effect

on the duration of the designation of such empire zone as provided by

subdivision (a) of this section.

(6) It is the policy to allow each zone no more than one boundary

amendment within a twelve month period. If, however, there is a change

in circumstances involving extenuating factors within the year (such as

the attraction/retention of a regionally significant project, which is

consistent with the zone's development plan), the request will be

considered. Any request to revise the boundaries of an existing empire

zone that would add or remove acreage from a zone shall not be submitted

until the provisions of this subdivision are satisfied and the

designation of the distinct and separate contiguous areas are submitted

as required by section nine hundred fifty-seven of this article, unless

the zone administrative board demonstrates that prior to the effective

date of the amendments to this subdivision made by a chapter of the laws

of two thousand five it has been working in conjunction with a business

for the purpose of submitting such boundary revision that would result

in the creation of jobs within the zone. For purposes of section one

hundred eighty-seven-j and articles nine-A, twenty-two, thirty-two, and

thirty-three of the tax law, such business shall be deemed to have been

certified prior to April first, two thousand five.

(7) The area subject to the boundary amendment is in an area where

there is no viable alternative area that has existing public sewer or

water infrastructure.

(d) Upon the termination or revision of the borders of an empire zone

as provided in this section, the commissioner shall file notice of such

action as required by section nine hundred fifty-nine of this article.

(e) Notwithstanding the provisions of this section, for any empire

zone acreage designated as a result of a revision of the borders of an

empire zone prior to the effective date of this subdivision that is

outside of the distinct and separate contiguous areas that has not

demonstrated any appreciable commercial activity and/or any appreciable

capital improvement over a two year period from the time of designation,

such acreage shall be identified by the local empire zone administrative

board, which shall determine whether such acreage has been proposed for

development in a manner consistent with the empire zone development

plan. If such acreage has not been proposed for development in such

manner the local empire zone administrative board shall remove such

acreage from the zone. Any affected business or businesses shall be

immediately decertified.

(f) Notwithstanding subdivision (a) of this section, if the zone

administrative board demonstrates that, prior to the date the empire

zones expire under this section, that it had submitted a preliminary

application to the department of economic development requesting to

revise the boundaries of its zone in order to accommodate a project that

would result in the creation of jobs within the zone, the commissioner

of economic development may review and approve such boundary revision

and, if approved, may establish an effective date prior to the date the

empire zones expire pursuant to subdivision (a) of this section.

(g) Notwithstanding any regulations to the contrary, a regionally

significant project as defined in paragraph (i) of subdivision (d) of

section nine hundred fifty-seven of this article, that was deemed

eligible by the local zone administrative board and recommended for

approval to the commissioner of economic development on or before the

date the empire zones expire pursuant to subdivision (a) of this

section, the commissioner of economic development, if the project is

approved, may establish an effective date prior to the date the empire

zones expire pursuant to subdivision (a) of this section.