N.Y. General Municipal Law Section 917*2
New York City Industrial Development Agency


(a)

Legislative intent. It is the policy and intent of the City of New York to promote the economic welfare of its inhabitants and to actively promote, attract, encourage and develop economically sound commerce and industry through governmental action for the purpose of preventing unemployment and economic deterioration by the creation of a New York City Industrial Development Agency. It is recognized that the viability and integrity of the residential communities in New York City should be protected and maintained so that no person be deprived of his place of residence by any condemnation for economic or industrial development undertaken pursuant to this article.

(b)

For the purpose of this section “city” means the city of New York. (b-1) For the purposes of this section, “rail freight facility” shall mean, but shall not be limited to, railroad rights-of-way, beds, bridges, viaducts, tracks, switches and any other attendant structure, facility, fixture or property necessary or appropriate for rail freight transportation conducted in conjunction with industrial, commercial, manufacturing, or warehousing operations solely for the purpose of providing or improving freight rail service between an industrial or commercial facility or group of such facilities in physical proximity to one another and a main line railroad track, freight yard or other means of connection to main line railroad facilities; provided, however, that (i) with respect to any rail freight facility project the New York City Industrial Development Agency shall be restricted solely to the provision of financial assistance for such rail freight facility;

(ii)

that the project may not include any main line track (except to the extent that the project may include replacement of the amount of main line track used for passenger and/or freight service required to provide a suitable connection), any passenger facilities of any kind, or any rights-of-way, bridges or viaducts used for any purpose other than the rail transportation of freight from the industrial, commercial, manufacturing or warehousing facility or facilities to be served by the rail service to the main line track or other freight facility, provided, however, that nothing herein shall prohibit the project from including bridges or viaducts with separate provision for pedestrian traffic when it is determined that a separate pedestrian walkway is necessary or desirable for safety purposes;

(iii)

prior to undertaking the financing of any rail freight facility the New York City Industrial Development Agency shall submit a written description of such rail freight facility project to the commissioner of transportation who shall, within thirty days of receipt of such description, provide written comments on such project to the New York City Industrial Development Agency; and

(iv)

the New York City Industrial Development Agency shall not enter into any contract for providing financial assistance to such rail freight facility project until the earlier of either the date on which the New York City Industrial Development Agency addresses the comments of the commissioner of transportation to the satisfaction of such commissioner, or, if such commissioner has not submitted written comments, forty-five days after the New York City Industrial Development Authority submitted the written project description required by paragraph (iii) of this subdivision. * (c) For the benefit of the city and the inhabitants thereof an industrial development agency, to be known as the New York City Industrial Development Agency, is hereby established for the accomplishment of any or all of the purposes specified in title one of article 18-A (Industrial Development)article eighteen-A of this chapter, except that it shall not have the power to construct or rehabilitate any residential facility or housing of any nature and kind whatsoever, nor shall it use any of its funds to further the construction or rehabilitation of any residential facility or housing of any nature and kind whatsoever. It shall constitute a body corporate and politic, and be perpetual in duration. It shall only have the powers and duties conferred by title one of article 18-A (Industrial Development)article eighteen-A of this chapter upon industrial development agencies as of January 1, 1973 except that it shall have the power to finance a rail freight facility and it shall not have the power of condemnation. In the exercise of the powers conferred upon such agency with respect to the acquisition of real property by article 18-A (Industrial Development)article eighteen-A of this chapter such agency shall be limited to the geographical jurisdictional limits of the city. * NB Effective until May 15, 2024 * (c) For the benefit of the city and the inhabitants thereof an industrial development agency, to be known as the New York City Industrial Development Agency, is hereby established for the accomplishment of any or all of the purposes specified in title one of article 18-A (Industrial Development)article eighteen-A of this chapter, except that it shall not have the power to construct or rehabilitate any residential facility or housing of any nature and kind whatsoever, nor shall it use any of its funds to further the construction or rehabilitation of any residential facility or housing of any nature and kind whatsoever. It shall constitute a body corporate and politic, and be perpetual in duration. It shall only have the powers and duties conferred by title one of article 18-A (Industrial Development)article eighteen-A of this chapter upon industrial development agencies as of January 1, 1973 except that it shall have the power to finance a rail freight facility and the power to establish employment goals in accordance with the program established pursuant to section thirty-five hundred two of the New York city charter, including but not limited to employment goals established pursuant to paragraph seven of subdivision a and the corresponding best efforts provisions set forth in subdivision d of such section; provided, however, that where a provision of such section requires action by the director of the office of community hiring and workforce development, such action shall not be taken by the director of the office of community hiring and workforce development but shall be taken by the chief executive officer of the agency or his or her designee, and it shall not have the power of condemnation. In the exercise of the powers conferred upon such agency with respect to the acquisition of real property by article 18-A (Industrial Development)article eighteen-A of this chapter such agency shall be limited to the geographical jurisdictional limits of the city. * NB Effective May 15, 2024 until May 15, 2029 * (c) For the benefit of the city and the inhabitants thereof an industrial development agency, to be known as the New York City Industrial Development Agency, is hereby established for the accomplishment of any or all of the purposes specified in title one of article 18-A (Industrial Development)article eighteen-A of this chapter, except that it shall not have the power to construct or rehabilitate any residential facility or housing of any nature and kind whatsoever, nor shall it use any of its funds to further the construction or rehabilitation of any residential facility or housing of any nature and kind whatsoever. It shall constitute a body corporate and politic, and be perpetual in duration. It shall only have the powers and duties conferred by title one of article 18-A (Industrial Development)article eighteen-A of this chapter upon industrial development agencies as of January 1, 1973 except that it shall have the power to finance a rail freight facility and it shall not have the power of condemnation. In the exercise of the powers conferred upon such agency with respect to the acquisition of real property by article 18-A (Industrial Development)article eighteen-A of this chapter such agency shall be limited to the geographical jurisdictional limits of the city. * NB Effective May 15, 2029 (d) It shall be organized in a manner prescribed by and be subject to the provisions of title one of article 18-A (Industrial Development)article eighteen-A of this chapter, except that its board shall consist of fifteen members. Among its membership shall be the city comptroller, the city administrator of the economic development administration, the corporation counsel of such city and the chairman of the city planning commission of such city, each of whom shall have the power to designate an alternate to represent them at board meetings with all the rights and powers, including the right to vote, reserved to all board members, provided that such designation be in writing to the chairman of the board. Six of the remaining eleven members shall be appointed by the mayor of such city upon consultation with the economic development council, business and labor organizations and elected officials and five shall be appointed by the mayor upon designation by the borough improvement boards of such city, one member from each borough.

(e)

The Mayor shall designate the chairman of the board, who shall serve at the pleasure of the Mayor.

(f)

The terms of the directors first appointed by the Mayor, other than the chairman of the board shall be as follows: four shall serve for terms of one year each, two of whom shall have been designated by the borough improvement boards; three shall serve for terms of two years each, two of whom shall have been designated by the borough improvements boards; three shall serve for terms of three years each, one of whom shall have been designated by the borough improvement boards; thereafter the successors of all ten such directors shall serve for terms of three years each. The Mayor shall fill any vacancy which may occur by reason of death, resignation, or otherwise in a manner consistent with the original appointment. Members may be removed by the Mayor for cause after a hearing upon ten days’ written notice. Such members shall receive no compensation for their services but shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of their duties.

(g)

The chief executive officer of the agency shall be appointed by a two-thirds vote of the board of directors.

(h)

The agency, its members, officers, and employees, shall be subject to article fourteen of the civil service law and for all such purposes the agency shall be deemed the “public employer” and its members, officers and employees shall be deemed “public employees”; provided, however, that chapter fifty-four of the New York City Charter, chapter fifty-four of the Administrative Code of the City of New York, and executive order number fifty-two dated September twenty-ninth, nineteen hundred sixty-seven, issued by the Mayor of the City, shall apply to the agency, its members, officers and employees except that section eight of said executive order shall not be applicable. The agency shall establish general and special grievances as defined in chapter fifty-four of the Administrative Code of the City except as otherwise provided in collective bargaining agreements.

(i)

The City shall have the power to make, or contract to make grants or loans, including but not limited to grants or loans of money, to the agency in such amounts, upon such terms and conditions and for such period or periods of time as in the judgment of the City and the agency are necessary or appropriate for the accomplishment of any of the purposes of the agency.

(j)

The city shall have the power to condemn property for transfer to the New York City Industrial Development Agency under title one of article 18-A (Industrial Development)article eighteen-A of this chapter upon the request of two-thirds of the members of the Board of Directors of the New York city industrial development agency. No property shall be condemned on behalf of the agency which is zoned “residential” as defined in the zoning resolution of the city, or which is occupied in whole or in part as a dwelling or residence.

(k)

For the purpose of this section “governing body” as used in such title one of article 18-A (Industrial Development)article eighteen-A of this chapter shall mean the Mayor of the City. Except as otherwise provided in this section, the agency, its members, officers and employees, and its operations and activities shall be governed by the provisions of title one of article 18-A (Industrial Development)article eighteen-A of this chapter.

(l)

The city shall save harmless and indemnify any person who is serving or has served as a director or officer or as employee of the New York City Industrial Development Agency against any financial loss arising out of or in connection with any claim, demand, suit or judgment, based on a cause of action involving allegations that pecuniary harm was sustained by any person as a result of any transaction, act or omission to act of the Industrial Development Agency or of any action or inaction or vote of any director, officer or employee of such Agency unless such individual is found by a final judicial determination not to have acted in good faith for a purpose he reasonably believed to be in the best interests of the Agency or not to have had reasonable cause to believe that his conduct was lawful. Provided, however, that such individual must transmit to the corporation counsel of the city of New York any notice of claim, summons or complaint or other analogous paper served on him within ten days of its receipt unless prevented from doing so by compelling circumstances. The corporation counsel shall, without charge, represent any such individual unless unable to do so by reason of conflict of interest. In the event that the corporation counsel is unable to give such representation, the city of New York shall indemnify the individual for any reasonable litigation expense incurred by him. * NB Agency expires per §§ 856 and 882 * NB There are 2 § 917’s

Source: Section 917*2 — New York City Industrial Development Agency, https://www.­nysenate.­gov/legislation/laws/GMU/917*2 (updated Nov. 26, 2023; accessed Jul. 20, 2024).

890
Wayne county industrial development agency
890‑A
City of Dunkirk industrial development agency
890‑B
County of Cattaraugus industrial development agency
890‑C
Counties of Warren and Washington industrial development agency
890‑D
City of Port Jervis industrial development agency
890‑E
City of Salamanca industrial development agency
890‑H
County of Saratoga industrial development agency
890‑I
City of Amsterdam industrial development agency
890‑J
City of Saratoga Springs industrial development agency
891
Town of Wallkill industrial development agency
891‑A
Erie county industrial development agency
891‑E
Town of Shawangunk, Ulster county industrial development agency
892
Town of Brookhaven industrial development agency
892*2
Cayuga county industrial development agency
892‑A
Schuyler county industrial development agency
892‑D
Town of Malone county of Franklin industrial development agency
892‑E
Jefferson county industrial development agency
892‑F
Ontario county industrial development agency
892‑G
Town of Corinth Industrial development agency
892‑G*2
County of Orleans industrial development agency
893
Madison county industrial development agency
893‑A
Seneca county industrial development agency
893‑B
Yates county industrial development agency
893‑C
Town of Addison industrial development agency
894‑C
Town of Moreau industrial development agency
895
Onondaga county industrial development agency
895‑A
Broome county industrial development agency
895‑B
Tompkins county industrial development agency
895‑C
Fulton county industrial development agency
895‑D
Montgomery county industrial development agency
895‑E
Genesee county industrial development agency
895‑F
County of Clinton industrial development agency
895‑H
County of Chautauqua industrial development agency
895‑I
Steuben county industrial development agency
895‑J
Greene county industrial development agency
895‑K
Livingston county industrial development agency
895‑L
Columbia county industrial development agency
896
Chemung county industrial development agency
896‑A
The city of Cohoes industrial development agency
897
Town of Erwin industrial development agency
897‑A
The village of Sackets Harbor industrial development agency
898
Herkimer county industrial development agency
898‑A
Town of Lancaster industrial development agency
898‑B
Town of Islip industrial development agency
900‑A
Village of Port Chester industrial development agency
901
Oneida county industrial development agency
901‑A
Town of Clarence, Erie county, industrial development agency
901‑B
Wyoming county industrial development agency
902
Cortland county industrial development agency
902‑A
County of Lewis industrial development agency
902‑B
City of Hudson industrial development agency
902‑C
City of Mount Vernon industrial development agency
903
City of Yonkers industrial development agency
903‑A
City of Albany industrial development agency
903‑B
Albany county industrial development agency
903‑C
City of Rensselaer industrial development agency
903‑D
Rensselaer county industrial development agency
903‑E
City of Schenectady industrial development agency
904‑A
Town of Warwick industrial development agency
905
Town of Hempstead industrial development agency
905‑A
Schoharie county industrial development agency
906
County of Sullivan industrial development agency
906‑A
Allegany county industrial development agency
907‑A
Town of Babylon industrial development agency
908
County of Delaware industrial development agency
908‑B
City of New Rochelle industrial development agency
909
County of Franklin industrial development agency
909‑A
Town of Guilderland industrial development agency
909‑B
Town of Bethlehem industrial development agency
910‑A
County of Otsego industrial development agency
910‑B
Village of Fairport industrial development agency
910‑C
Village of Coxsackie industrial development agency
910‑D
Village of Depew industrial development agency
911
Town of Dunkirk industrial development agency
911‑A
Suffolk county industrial development agency
911‑B
County of Oswego industrial development agency
911‑C
Town of Montgomery industrial development agency
911‑D
Town of Colonie industrial development agency
912
Tioga county industrial development agency
912*2
Orange county industrial development agency
912‑A
County of Putnam industrial development agency
913
City of Newburgh industrial development agency
913*2
City of Newburgh industrial development agency
914
St
914‑A
Essex county industrial development agency
914‑A*2
Town of Amherst industrial development agency
914‑A*3
County of Chenango industrial development agency
916
County of Monroe industrial development agency
916‑A
The Niagara county industrial development agency
917
City of Poughkeepsie industrial development agency
917*2
New York City Industrial Development Agency
918
Village of Buchanan industrial development agency
919
Glen Cove industrial development agency
919‑A
City of Peekskill industrial development agency
920
City of Hornell industrial development agency
921
Village of Liberty industrial development agency
922
Nassau county industrial development agency
922‑A
Village of Hastings-on-Hudson industrial development agency
923
Ulster county industrial development agency
923‑A
County of Westchester industrial development agency
923‑B
City of Glens Falls industrial development agency
924
Southeast industrial development agency
925
Dutchess county industrial development agency
925‑H
Schenectady county industrial development agency
925‑K
City of Mechanicville and town of Stillwater industrial development agency
925‑L
County of Rockland industrial development agency
925‑M
Village of Green Island industrial development agency
925‑P
Town of Riverhead industrial development agency
925‑P*2
Town of Clifton Park industrial development agency
925‑R
Town of Hamptonburgh industrial development agency
925‑T
Town of Concord industrial development agency
925‑V
Town of Hamburg industrial development agency
925‑Z
Town of Waterford industrial development agency
926
City of Syracuse industrial development agency
926‑D
City of Middletown industrial development agency
926‑I
Village of Groton industrial development agency
926‑R
Hamilton county industrial development agency
927
Town of Mount Pleasant industrial development agency
927‑A
Town of North Greenbush industrial development agency
927‑A*2
City of Geneva industrial development agency
927‑B
Village of Seneca Falls industrial development agency
927‑D
City of Utica industrial development agency
927‑E
Town of Sand Lake industrial development agency
927‑F
Putnam county industrial development agency
928
Town of Lockport industrial development agency

Accessed:
Jul. 20, 2024

Last modified:
Nov. 26, 2023

§ 917*2’s source at nysenate​.gov

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