Incentivies : NYS IDA Legislation Summary

Permitted Projects

Permitted Projects are generally defined as facilities used for the following:

• Manufacturing
• Warehousing
• Research
• Commercial
• Certain housing facilities accommodating low/moderate income individuals
• Industrial
• Urban cultural parks (specifically defined to include educational or cultural facilities)
• Industrial pollution control facilities
• Recreation facility
• Horse racing facility
• Railroad facility
• Civic facility (one owned or occupied by a 501(c)(3) not-for-profit). Civic facility projects can also include:
  • Housing facilities which are less than $20 million in cost and designed primarily for individuals 60 years of age or older
  • Dormitories for educational institutions which are less than $20 million in cost
  • Medical facilities as defined in Article 28 of the Public Health Law which are less than $20 million in cost
  • Habilitation centers
  • Hospices
• Certain retail facilities, as allowed by exception criterion below, as defined by New York State Law: The retail definition includes retail sales of tangible personal property or services to customers who personally visit such facilities.
  • Tourism destination, which means the facility is likely to attract a significant number of visitors from outside the region
  • Applicant would locate outside the state
  • Services would not be reasonably accessible to the residents of a municipality because of a lack of reasonably accessible retail trade facilities offering such goods or services from outside the region
  • The project is located in a highly distressed area

Prohibited Projects

Prohibited Projects include:

• Certain civic facilities including:
  • Convention centers
  • Housing facilities (except for above permitted projects)
  • Dormitories for Educational Institutions (except for above permitted projects)
  • Roads
  • Buildings, water systems, sewer systems, or public facilities for use by municipality in performance of its governmental function
  • Medical facilities which provide medical services (except for above permitted projects)
• Any project which would result in the removal of a facility or plant from one area of the state to another, unless the agency determines the relocation is necessary to discourage the applicant from moving out of the state, or reasonably necessary to preserve the competitive position of the applicant
• "Retail facilities" (except for above permitted projects)
• Any project where the project applicant has any agreement to subsequently contract with a municipality for the lease or purchase of such project or project facility