senate Bill S4461A

Amended

Creates the Eastchester creek intermunicipal economic revitalization agency; repealer

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 03 / Apr / 2013
    • REFERRED TO LOCAL GOVERNMENT
  • 08 / Apr / 2013
    • AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • 08 / Apr / 2013
    • PRINT NUMBER 4461A
  • 21 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 21 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1642
  • 21 / Jun / 2013
    • HOME RULE REQUEST
  • 21 / Jun / 2013
    • PASSED SENATE
  • 21 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 24 / Jun / 2013
    • REFERRED TO LOCAL GOVERNMENTS
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO LOCAL GOVERNMENT
  • 29 / Apr / 2014
    • AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • 29 / Apr / 2014
    • PRINT NUMBER 4461B
  • 10 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 10 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1246
  • 11 / Jun / 2014
    • HOME RULE REQUEST
  • 11 / Jun / 2014
    • PASSED SENATE
  • 11 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2014
    • REFERRED TO LOCAL GOVERNMENTS

Summary

Creates the Eastchester creek intermunicipal economic revitalization agency.

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Bill Details

Versions:
S4461
S4461A
S4461B
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Rpld & add Art 15-B Title 119 §680-f, Gen Muni L; add §1210-f, Tax L

Sponsor Memo

BILL NUMBER:S4461A REVISED 4/8/13

TITLE OF BILL: An act to amend the general municipal law and the tax
law, in relation to creating the Eastchester creek intermunicipal
economic revitalization agency; and to repeal certain provisions of
the general municipal law relating thereto

PURPOSE OR GENERAL IDEA OF BILL: To improve opportunities for
economic growth along Eastchester Creek for lands that lie both in the
City of Mount Vernon and the Village of Pelham Manor. This bill
establishes a intermunicipal economic revitalization agency so that
the City of Mount Vernon and Village of Pelham Manor can, in a
cooperative manner, jointly develop the parcels of land within such
zone for the mutual benefit of both municipalities.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Adds a new Title 119 to Article 15-B of the General
Municipal. Law which adds a new Section 680-f, entitled Eastchester
Creek intermunicipal economic revitalization agency. This new
intermunicipal economic revitalization agency is hereby established to
create a mechanism so that the City of Mount Vernon and Village of
Pelham Manor can cooperate in the development of lands contained
within both municipalities that border the Eastchester Creek. For
these parcels of land, the sum of the parts in developing such area
will be greater than the parts if developed separately. Further, both
municipalities will be able to share in the additional tax revenue
generated by such development.

Section 2: Adds a new Tax Law section 1210-f Sales and compensation
use tax for purpose of the Eastchester Creek intermunicipal economic
revitalization area.

JUSTIFICATION: The City of Mt. Vernon and the Village of Pelham Manor
recognize the mutual benefit to be derived from improving the
opportunity for economic growth along Eastchester Creek, their shared
border. Pelham Manor has already demonstrated that there is market
support for commercial redevelopment in this area. In the past five
years, two new shopping centers have been established in what was
formerly an industrial zone on the Pelham Manor side of the Creek.
This new commercial activity has created nearly one thousand new jobs,
generated significant economic activity, and drawn thousands of new
shoppers to Pelham Manor.

The purpose of establishing the Eastchester Creek intermunicipal
Economic Revitalization Agency is to create a vehicle for the city of
Mt. Vernon and the Village of Pelham Manor to co-operatively redevelop
commercial properties along and near the Eastchester Creek and
increase economic activity in this new intermunicipal district. This
measure will help to facilitate the financing of a $500,000 master
plan for the City of Mt. Vernon. Such a Master Plan shall help to
identify environmentally challenged sites, determine potential
mitigation needs, and identify other activities required to foster
redevelopment in its part of the district. This cooperative
arrangement and Master Plan should help to carry the job creation
momentum already started in Pelham Manor's former industrial zone
across Eastchester Creek into Mount Vernon. Further, it should help to


eliminate the competitive disadvantage to Mt. Vernon businesses by
equalizing the sales tax rate across the intermunicipal district and
help to create the conditions necessary to help reclaim the lower
Hutchinson River/upper Eastchester Creek as a waterway for natural
habitat and recreation. This bill was revised to make technical
changes to properly number the provision of this act.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4461--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 3, 2013
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the general municipal law and the tax law,  in  relation
  to  creating the Eastchester creek intermunicipal economic revitaliza-
  tion agency; and to repeal certain provisions of the general municipal
  law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Title 119 of article 15-B of the general municipal law is
REPEALED and a new title 119 is added to read as follows:
                                TITLE 119
                            EASTCHESTER CREEK
              INTERMUNICIPAL ECONOMIC REVITALIZATION AGENCY
SECTION 680-F. EASTCHESTER CREEK INTERMUNICIPAL ECONOMIC  REVITALIZATION
                 AGENCY.
  S  680-F.  EASTCHESTER  CREEK  INTERMUNICIPAL  ECONOMIC REVITALIZATION
AGENCY.  (A) FOR THE BENEFIT OF THE CITY OF MOUNT VERNON AND THE VILLAGE
OF PELHAM MANOR AND THE INHABITANTS  THEREOF,  A  COMMUNITY  DEVELOPMENT
AGENCY,  TO  BE  KNOWN  AS THE EASTCHESTER CREEK INTERMUNICIPAL ECONOMIC
REVITALIZATION AGENCY, IS HEREBY ESTABLISHED FOR THE  ACCOMPLISHMENT  OF
ANY  OR  ALL OF THE PURPOSES SPECIFIED IN ARTICLES FIFTEEN AND FIFTEEN-A
OF THIS CHAPTER. IT SHALL CONSTITUTE A BODY CORPORATE AND  POLITIC,  AND
BE  PERPETUAL  IN  DURATION.  IT SHALL HAVE THE POWERS AND DUTIES NOW OR
HEREAFTER CONFERRED BY ARTICLES FIFTEEN AND FIFTEEN-A  OF  THIS  CHAPTER
UPON  COMMUNITY  DEVELOPMENT  AGENCIES AND PROVIDED THAT THE EXERCISE OF
THE POWERS BY SUCH AGENCY WITH RESPECT TO THE ACQUISITION OF REAL  PROP-
ERTY WHETHER BY PURCHASE, CONDEMNATION OR OTHERWISE, SHALL BE LIMITED TO
THE  AREA DEFINED AS THE EASTCHESTER CREEK INTERMUNICIPAL ECONOMIC REVI-
TALIZATION AREA AND SUCH AGENCY SHALL TAKE INTO CONSIDERATION THE  LOCAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09932-03-3

S. 4461--A                          2

ZONING  AND  PLANNING  REGULATIONS  AS  WELL  AS  THE REGIONAL AND LOCAL
COMPREHENSIVE LAND USE PLANS IN ANY  ACTIONS  THEY  TAKE.  IT  SHALL  BE
ORGANIZED  IN A MANNER PRESCRIBED BY AND BE SUBJECT TO THE PROVISIONS OF
ARTICLES  FIFTEEN  AND  FIFTEEN-A  OF  THIS  CHAPTER.  ITS MEMBERS SHALL
CONSIST OF THE MAYOR OF THE CITY OF MOUNT VERNON AND THE  MAYOR  OF  THE
VILLAGE  OF  PELHAM  MANOR. THE AGENCY, ITS MEMBERS AND OFFICERS AND ITS
OPERATIONS AND ACTIVITIES SHALL IN ALL OTHER RESPECTS BE GOVERNED BY THE
PROVISIONS OF ARTICLES FIFTEEN AND FIFTEEN-A OF THIS CHAPTER.  PROVIDED,
HOWEVER, THAT THE EASTCHESTER CREEK INTERMUNICIPAL ECONOMIC  REVITALIZA-
TION  AGENCY SHALL DEFER TO THE RESPECTIVE VILLAGE OR CITY ON ZONING AND
LAND USE LAWS AND DETERMINATIONS AND OTHER MUNICIPAL REGULATORY CHANGES.
  (B) THE AREA DEFINED AS THE EASTCHESTER CREEK INTERMUNICIPAL  ECONOMIC
REVITALIZATION  AREA  SHALL  CONSIST  OF (I) THAT PORTION OF THE CITY OF
MOUNT VERNON, APPROXIMATELY TWO HUNDRED THIRTY-ONE ACRES IN SIZE,  WHICH
IS  BOUNDED  BY SANDFORD BOULEVARD ON THE NORTH, THE CITY OF NEW YORK ON
THE SOUTH, SOUTH THIRD AVENUE ON  THE  WEST  AND  THE  HUTCHINSON  RIVER
(EASTCHESTER  CREEK  OR CANAL) ON THE EAST, AND (II) THAT PORTION OF THE
VILLAGE OF PELHAM MANOR, TRIANGULAR IN SHAPE, WHICH IS  BOUNDED  BY  THE
HUTCHINSON  RIVER (EASTCHESTER CREEK OR CANAL) ON THE WEST, THE HUTCHIN-
SON RIVER PARKWAY ON THE EAST AND THE CITY OF NEW YORK ON THE SOUTH.
  S 2. The tax law is amended by adding a new section 1210-f to read  as
follows:
  S 1210-F. SALES AND COMPENSATING USE TAX FOR PURPOSES OF THE EASTCHES-
TER  CREEK  INTERMUNICIPAL ECONOMIC REVITALIZATION AREA. FOR THE PURPOSE
OF ESTABLISHING A UNIFORM TAX RATE WITHIN THE EASTCHESTER CREEK INTERMU-
NICIPAL ECONOMIC REVITALIZATION AREA, THE VILLAGE  OF  PELHAM  MANOR  IS
HEREBY  AUTHORIZED  AND  EMPOWERED  TO ADOPT AND AMEND LOCAL LAWS, ORDI-
NANCES OR RESOLUTIONS IMPOSING WITHIN THE  TERRITORIAL  LIMITS  OF  THAT
PORTION  OF  THE VILLAGE OF PELHAM MANOR WHICH IS WITHIN THE EASTCHESTER
CREEK INTERMUNICIPAL ECONOMIC REVITALIZATION AREA ADDITIONAL  SALES  AND
COMPENSATING USE TAXES AT THE RATE NECESSARY FROM TIME TO TIME TO EQUAL-
IZE  THE  RATE OF SUCH TAXES IN THAT AREA WITH THE RATE OF SUCH TAXES IN
THE CITY OF MOUNT VERNON. EXCEPT AS HEREINAFTER PROVIDED, ALL PROVISIONS
OF THIS ARTICLE, INCLUDING THE DEFINITION AND EXEMPTION  PROVISIONS  AND
THE  PROVISIONS  RELATING TO THE ADMINISTRATION, COLLECTION AND DISTRIB-
UTION BY THE COMMISSIONER, SHALL APPLY FOR PURPOSES OF THE TAXES AUTHOR-
IZED BY THIS SECTION IN THE SAME MANNER AND  WITH  THE  SAME  FORCE  AND
EFFECT  AS IF THE LANGUAGE OF THIS ARTICLE HAD BEEN INCORPORATED IN FULL
IN THIS SECTION AND HAD EXPRESSLY REFERRED TO THE  TAXES  AUTHORIZED  BY
THIS  SECTION; PROVIDED, HOWEVER, THAT ANY PROVISION RELATING TO A MAXI-
MUM RATE SHALL BE CALCULATED WITHOUT REFERENCE TO THE RATE OF ADDITIONAL
SALES AND COMPENSATING USE TAXES HEREIN AUTHORIZED. FOR PURPOSES OF PART
IV OF THIS ARTICLE, RELATING TO THE DISPOSITION  OF  REVENUES  RESULTING
FROM  TAXES  COLLECTED  AND  ADMINISTERED BY THE COMMISSIONER, THE ADDI-
TIONAL SALES AND COMPENSATING  USE  TAXES  AUTHORIZED  BY  THIS  SECTION
IMPOSED  UNDER  THE  AUTHORITY  OF  SECTION  TWELVE  HUNDRED TEN OF THIS
SUBPART AND ALL PROVISIONS RELATING TO THE DEPOSIT,  ADMINISTRATION  AND
DISPOSITION  OF  TAXES, PENALTIES AND INTEREST RELATING TO TAXES IMPOSED
BY A COUNTY UNDER THE AUTHORITY OF SECTION TWELVE HUNDRED  TEN  OF  THIS
SUBPART  SHALL,  EXCEPT  AS OTHERWISE PROVIDED IN THIS SECTION, APPLY TO
THE ADDITIONAL SALES AND  COMPENSATING  USE  TAXES  AUTHORIZED  BY  THIS
SECTION,  PROVIDED,  HOWEVER,  THAT  ALL  TAXES,  PENALTIES AND INTEREST
IMPOSED BY THE VILLAGE OF PELHAM  MANOR  UNDER  THE  AUTHORITY  OF  THIS
SECTION  WHICH  ARE  COLLECTED BY THE COMMISSIONER SHALL BE DEPOSITED AS
PROVIDED IN SECTION TWELVE HUNDRED SIXTY-ONE OF THIS ARTICLE,  SHALL  BE
HELD  IN  TRUST  BY  THE  COMPTROLLER  FOR THE BENEFIT OF THE VILLAGE OF

S. 4461--A                          3

PELHAM MANOR AS PROVIDED THEREIN AND, AFTER RESERVING SUCH  REFUND  FUND
AND  SUCH COSTS AS ARE PROVIDED FOR THEREIN, SHALL BE PAID TO THE APPRO-
PRIATE FISCAL OFFICER OF THE VILLAGE OF PELHAM MANOR IN THE SAME  MANNER
AS  IS  PROVIDED THEREIN FOR PAYMENT TO THE FISCAL OFFICERS OF THE OTHER
TAXING JURISDICTIONS PROVIDED FOR THEREIN.
  S 3. This act shall take effect immediately.

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