Assembly Bill A10033

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

                                10033--A

                          I N  A S S E M B L Y

                            February 25, 2010
                               ___________

Introduced by M. of A. HOOPER -- read once and referred to the Committee
  on  Local  Governments  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the general municipal law  and  the  public  authorities
  law, in relation to payments in lieu of taxes

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

  Section 1. The general municipal  law  is  amended  by  adding  a  new
section 25 to read as follows:
  S 25. PAYMENT IN LIEU OF TAXES REQUIRE CERTAIN SIGNATURE. PRIOR TO THE
GRANT  OF ANY APPLICATION AND/OR THE EFFECTIVENESS OF ANY SUCH GRANT FOR
A PAYMENT IN LIEU OF TAXES BY AN INDUSTRIAL DEVELOPMENT  AGENCY  OR  ANY
OTHER  SUCH  AGENCY  THAT AFFECTS A MUNICIPALITY, THE WRITTEN CONSENT OF
THE CHIEF EXECUTIVE OFFICER OF THE AFFECTED MUNICIPAL  TAX  JURISDICTION
SHALL BE REQUIRED.
  S  2.  The  public  authorities law is amended by adding a new section
2858 to read as follows:
  S 2858. PAYMENT IN LIEU OF TAXES REQUIRE CERTAIN SIGNATURE.  PRIOR  TO
THE  GRANT OF ANY APPLICATION AND/OR THE EFFECTIVENESS OF ANY SUCH GRANT
FOR A PAYMENT IN LIEU OF TAXES BY AN INDUSTRIAL  DEVELOPMENT  AGENCY  OR
ANY  OTHER  SUCH AGENCY THAT AFFECTS A MUNICIPALITY, THE WRITTEN CONSENT
OF THE CHIEF EXECUTIVE OFFICER OF THE AFFECTED MUNICIPAL  TAX  JURISDIC-
TION SHALL BE REQUIRED.
  S 3. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16164-04-0


              

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

                                10033--B

                          I N  A S S E M B L Y

                            February 25, 2010
                               ___________

Introduced by M. of A. HOOPER -- read once and referred to the Committee
  on  Local  Governments  -- committee discharged, bill amended, ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the general municipal law  and  the  public  authorities
  law, in relation to payments in lieu of taxes

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

  Section 1. The general municipal  law  is  amended  by  adding  a  new
section 859-c to read as follows:
  S 859-C.  PAYMENT IN LIEU OF TAXES REQUIRE CERTAIN SIGNATURE. PRIOR TO
THE  GRANT OF ANY APPLICATION AND/OR THE EFFECTIVENESS OF ANY SUCH GRANT
FOR A PAYMENT IN LIEU OF TAXES (PILOT) BY THE AGENCY OR ANY  OTHER  SUCH
AGENCY  THAT  AFFECTS  A  MUNICIPALITY, THE WRITTEN CONSENT OF THE CHIEF
EXECUTIVE OFFICER OF THE AFFECTED MUNICIPAL TAX  JURISDICTION  SHALL  BE
REQUIRED.
  1.  THE  AGENCY  SHALL  OBTAIN THE APPROVAL, BY SUPER-MAJORITY, OF THE
LOCAL ELECTED BOARD OF TRUSTEES OR OTHER ELECTED BODY BEFORE  ANY  PILOT
AGREEMENT CAN BE GRANTED IN AN INCORPORATED AREA, CITY OR TOWN.
  2.  THE AGENCY SHALL OBTAIN A VILLAGE SPECIFIC, TOWN SPECIFIC, OR CITY
SPECIFIC IMPACT ANALYSIS TO DETERMINE THE IMPACT OF THE PLANNED PILOT ON
THE TAX BASE OF TAXING BODIES IN THE COMMUNITY WHERE THE PILOT  WILL  BE
LOCATED.
  3.  THE  DEVELOPER  SHALL BEAR ALL COST RELATED TO THE REQUIRED IMPACT
STUDY.
  4. THE LOCAL MUNICIPALITY AND THE  AGENCY  SHALL  JOINTLY  SELECT  THE
ORGANIZATION ASSIGNED TO DO THE IMPACT ANALYSIS.
  5.  THE  AGENCY'S  BOARD OF DIRECTORS SHALL CONSIST OF REPRESENTATIVES
FROM EACH OF THE FOLLOWING ENTITIES:
  (A) COUNTY;
  (B) TOWN;
  (C) CITY;
  (D) VILLAGE; AND

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

                                                           LBD16164-06-0

A. 10033--B                         2

  (E) AT LEAST THREE AT LARGE MEMBERS DRAWN FROM A CROSS SECTION OF  THE
COMMUNITY.
  6. AFTER THE FIRST THREE YEARS THE ANNUAL TAX COST OF ALL PILOTS SHALL
BE INCREASED ANNUALLY BY THE SAME RATE AS ALL OTHER REAL PROPERTIES.
  7.  PILOTS CANNOT NOT BE RENEWED OR RENEGOTIATED WITHOUT A FULL FOREN-
SIC AUDIT OF THE ACCOUNTS OF THE ENTITY.
  S 2. The public authorities law is amended by  adding  a  new  section
2858 to read as follows:
  S  2858. PAYMENT IN LIEU OF TAXES REQUIRE CERTAIN SIGNATURE.  PRIOR TO
THE GRANT OF ANY APPLICATION AND/OR THE EFFECTIVENESS OF ANY SUCH  GRANT
FOR  A  PAYMENT  IN  LIEU  OF TAXES (PILOT) BY AN INDUSTRIAL DEVELOPMENT
AGENCY OR ANY OTHER SUCH AGENCY THAT AFFECTS A MUNICIPALITY, THE WRITTEN
CONSENT OF THE CHIEF EXECUTIVE OFFICER OF  THE  AFFECTED  MUNICIPAL  TAX
JURISDICTION SHALL BE REQUIRED.
  1.  THE  INDUSTRIAL  DEVELOPMENT  AGENCY OR ANY OTHER SUCH AGENCY THAT
AFFECTS A MUNICIPALITY SHALL OBTAIN THE APPROVAL, BY SUPER-MAJORITY,  OF
THE  LOCAL  ELECTED  BOARD  OF TRUSTEES OR OTHER ELECTED BODY BEFORE ANY
PILOT AGREEMENT CAN BE GRANTED IN AN INCORPORATED AREA, CITY OR TOWN.
  2. THE INDUSTRIAL DEVELOPMENT AGENCY OR ANY  OTHER  SUCH  AGENCY  THAT
AFFECTS  A  MUNICIPALITY SHALL OBTAIN A VILLAGE SPECIFIC, TOWN SPECIFIC,
OR CITY SPECIFIC IMPACT ANALYSIS TO DETERMINE THE IMPACT OF THE  PLANNED
PILOT  ON  THE  TAX BASE OF THE TAXING BODIES IN THE COMMUNITY WHERE THE
PILOT WILL BE LOCATED.
  3. THE DEVELOPER SHALL BEAR ALL COST RELATED TO  THE  REQUIRED  IMPACT
STUDY.
  4. THE LOCAL MUNICIPALITY AND THE INDUSTRIAL DEVELOPMENT AGENCY OR ANY
OTHER  SUCH  AGENCY THAT AFFECTS A MUNICIPALITY SHALL JOINTLY SELECT THE
ORGANIZATION ASSIGNED TO DO THE IMPACT ANALYSIS.
  5. THE INDUSTRIAL DEVELOPMENT AGENCY BOARD OF DIRECTORS OR  THE  BOARD
OF  ANY  OTHER  SUCH AGENCY THAT AFFECTS A MUNICIPALITY SHALL CONSIST OF
REPRESENTATIVES FROM EACH OF THE FOLLOWING ENTITIES:
  (A) COUNTY;
  (B) TOWN;
  (C) CITY;
  (D) VILLAGE; AND
  (E) AT LEAST THREE AT LARGE MEMBERS DRAWN FROM A CROSS SECTION OF  THE
COMMUNITY.
  6.  AFTER THE FIRST THREE YEARS THE ANNUAL TAX COST OF ALL PILOTS MUST
BE INCREASED ANNUALLY BY THE SAME RATE AS ALL OTHER REAL PROPERTIES.
  7. PILOTS CANNOT NOT BE RENEWED OR RENEGOTIATED WITHOUT A FULL  FOREN-
SIC AUDIT OF THE ACCOUNTS OF THE ENTITY.
  S 3. This act shall take effect immediately.

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

                                10033--C

                          I N  A S S E M B L Y

                            February 25, 2010
                               ___________

Introduced by M. of A. HOOPER -- read once and referred to the Committee
  on  Local  Governments  -- committee discharged, bill amended, ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted to said committee -- again reported from  said
  committee  with amendments, ordered reprinted as amended and recommit-
  ted to said committee

AN ACT to amend the general municipal law, in relation to  the  town  of
  Hempstead  industrial  development agency and the Nassau county indus-
  trial agency

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

  Section 1. The opening paragraph of section 905 of the general munici-
pal  law is designated subdivision 1 and three new subdivisions 2, 3 and
4 are added to read as follows:
  2. PRIOR TO THE APPROVAL OF ANY APPLICATION FOR A PAYMENT IN  LIEU  OF
TAXES  (PILOT)  AGREEMENT  BY  THE  AGENCY  FOR A PROJECT LOCATED IN THE
VILLAGE OF FREEPORT OR THE VILLAGE OF HEMPSTEAD, THE WRITTEN CONSENT  OF
THE  CHIEF  EXECUTIVE OFFICER OF THE AFFECTED VILLAGE SHALL BE OBTAINED.
THE AGENCY SHALL ALSO OBTAIN THE APPROVAL, BY THREE-FIFTHS MAJORITY,  OF
THE  VILLAGE  GOVERNING BODY PRIOR TO ANY PILOT AGREEMENT BEING APPROVED
BY THE AGENCY FOR A PROJECT LOCATED IN THE VILLAGE OF  FREEPORT  OR  THE
VILLAGE  OF  HEMPSTEAD.  IN  ADDITION, THE AGENCY SHALL OBTAIN AN IMPACT
ANALYSIS TO DETERMINE THE IMPACT ON THE VILLAGE OF THE PROJECT  AND  THE
PLANNED  PILOT  AGREEMENT.  THE APPLICANT FOR SUCH PILOT AGREEMENT SHALL
BEAR THE COSTS RELATED TO THE REQUIRED IMPACT ANALYSIS. THE  AGENCY  AND
THE  VILLAGE  GOVERNING  BODY SHALL JOINTLY SELECT A QUALIFIED ENTITY TO
CONDUCT THE IMPACT ANALYSIS. THE MEMBERSHIP OF THE AGENCY, WHEN  REVIEW-
ING  APPLICATIONS AND APPROVING PILOT AGREEMENTS FOR PROJECTS LOCATED IN
THE VILLAGE OF FREEPORT OR THE VILLAGE OF HEMPSTEAD,  SHALL  INCLUDE  AT
LEAST  ONE MEMBER OF SUCH VILLAGE'S GOVERNING BODY AND AT LEAST THREE AT
LARGE MEMBERS DRAWN FROM A CROSS SECTION OF THE VILLAGE COMMUNITY.
  3. THE AGENCY SHALL REVIEW ANY PILOT AGREEMENT FOR A  PROJECT  LOCATED
IN  THE  VILLAGE OF FREEPORT OR THE VILLAGE OF HEMPSTEAD AFTER THE THIRD
YEAR OF ENTERING INTO SUCH PILOT AGREEMENT, AND EVERY THIRD YEAR  THERE-
AFTER,  AND  ADJUST  THE PILOT AGREEMENT ACCORDINGLY BASED ON CHANGES TO

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16164-08-0

A. 10033--C                         2

THE ASSESSED VALUE AND TAX RATE OF ALL OTHER REAL PROPERTIES LOCATED  IN
SUCH VILLAGES.
  4.  A PILOT AGREEMENT FOR A PROJECT LOCATED IN THE VILLAGE OF FREEPORT
OR THE VILLAGE OF HEMPSTEAD SHALL NOT BE RENEWED OR RENEGOTIATED UNTIL A
FULL FORENSIC AUDIT HAS BEEN COMPLETED OF  THE  ACCOUNTS  OF  THE  PARTY
OBLIGATED TO MAKE PAYMENTS IN LIEU OF TAXES PURSUANT TO THE PILOT AGREE-
MENT  WITH  THE  AGENCY. THE AGENCY AND THE VILLAGE GOVERNING BODY SHALL
JOINTLY CHOOSE A QUALIFIED ENTITY TO CONDUCT SUCH FORENSIC AUDIT.    THE
PARTY  THAT  IS  OBLIGATED TO MAKE PAYMENTS IN LIEU OF TAXES PURSUANT TO
THE PILOT AGREEMENT WITH THE AGENCY SHALL BEAR THE  COSTS  OF  PREPARING
SUCH FORENSIC AUDIT. THE VILLAGE OF FREEPORT OR THE VILLAGE OF HEMPSTEAD
MAY  REQUEST FROM THE OFFICE OF THE STATE COMPTROLLER AN AUDIT OR REVIEW
OF THE FORENSIC AUDIT PRIOR TO THE RENEWAL OR RENEGOTIATION OF  A  PILOT
AGREEMENT  FOR  A  PROJECT  LOCATED  IN  THE  VILLAGE OF FREEPORT OR THE
VILLAGE OF HEMPSTEAD.
  S 2. The opening paragraph of section 922  of  the  general  municipal
law, as amended by chapter 474 of the laws of 1988, is designated subdi-
vision  1  and  three  new  subdivisions 2, 3 and 4 are added to read as
follows:
  2. PRIOR TO THE APPROVAL OF ANY APPLICATION FOR A PAYMENT IN  LIEU  OF
TAXES  (PILOT)  AGREEMENT  BY  THE  AGENCY  FOR A PROJECT LOCATED IN THE
VILLAGE OF FREEPORT OR THE VILLAGE OF HEMPSTEAD, THE WRITTEN CONSENT  OF
THE  CHIEF  EXECUTIVE OFFICER OF THE AFFECTED VILLAGE SHALL BE OBTAINED.
THE AGENCY SHALL ALSO OBTAIN THE APPROVAL, BY THREE-FIFTHS MAJORITY,  OF
THE  VILLAGE  GOVERNING BODY PRIOR TO ANY PILOT AGREEMENT BEING APPROVED
BY THE AGENCY FOR A PROJECT LOCATED IN THE VILLAGE OF  FREEPORT  OR  THE
VILLAGE  OF  HEMPSTEAD.  IN  ADDITION, THE AGENCY SHALL OBTAIN AN IMPACT
ANALYSIS TO DETERMINE THE IMPACT ON THE VILLAGE OF THE PROJECT  AND  THE
PLANNED  PILOT  AGREEMENT.  THE APPLICANT FOR SUCH PILOT AGREEMENT SHALL
BEAR THE COSTS RELATED TO THE REQUIRED IMPACT ANALYSIS. THE  AGENCY  AND
THE  VILLAGE  GOVERNING  BODY SHALL JOINTLY SELECT A QUALIFIED ENTITY TO
CONDUCT THE IMPACT ANALYSIS. THE MEMBERSHIP OF THE AGENCY, WHEN  REVIEW-
ING  APPLICATIONS AND APPROVING PILOT AGREEMENTS FOR PROJECTS LOCATED IN
THE VILLAGE OF FREEPORT OR THE VILLAGE OF HEMPSTEAD,  SHALL  INCLUDE  AT
LEAST  ONE MEMBER OF SUCH VILLAGE'S GOVERNING BODY AND AT LEAST THREE AT
LARGE MEMBERS DRAWN FROM A CROSS SECTION OF THE VILLAGE COMMUNITY.
  3. THE AGENCY SHALL REVIEW ANY PILOT AGREEMENT FOR A  PROJECT  LOCATED
IN  THE  VILLAGE OF FREEPORT OR THE VILLAGE OF HEMPSTEAD AFTER THE THIRD
YEAR OF ENTERING INTO SUCH PILOT AGREEMENT, AND EVERY THIRD YEAR  THERE-
AFTER,  AND  ADJUST  THE PILOT AGREEMENT ACCORDINGLY BASED ON CHANGES TO
THE ASSESSED VALUE AND TAX RATE OF ALL OTHER REAL PROPERTIES LOCATED  IN
SUCH VILLAGES.
  4.  A PILOT AGREEMENT FOR A PROJECT LOCATED IN THE VILLAGE OF FREEPORT
OR THE VILLAGE OF HEMPSTEAD SHALL NOT BE RENEWED OR RENEGOTIATED UNTIL A
FULL FORENSIC AUDIT HAS BEEN COMPLETED OF  THE  ACCOUNTS  OF  THE  PARTY
OBLIGATED TO MAKE PAYMENTS IN LIEU OF TAXES PURSUANT TO THE PILOT AGREE-
MENT  WITH  THE  AGENCY. THE AGENCY AND THE VILLAGE GOVERNING BODY SHALL
JOINTLY CHOOSE A QUALIFIED ENTITY TO CONDUCT SUCH FORENSIC AUDIT.    THE
PARTY  THAT  IS  OBLIGATED TO MAKE PAYMENTS IN LIEU OF TAXES PURSUANT TO
THE PILOT AGREEMENT WITH THE AGENCY SHALL BEAR THE  COSTS  OF  PREPARING
SUCH FORENSIC AUDIT. THE VILLAGE OF FREEPORT OR THE VILLAGE OF HEMPSTEAD
MAY  REQUEST FROM THE OFFICE OF THE STATE COMPTROLLER AN AUDIT OR REVIEW
OF THE FORENSIC AUDIT PRIOR TO THE RENEWAL OR RENEGOTIATION OF  A  PILOT
AGREEMENT  FOR  A  PROJECT  LOCATED  IN  THE  VILLAGE OF FREEPORT OR THE
VILLAGE OF HEMPSTEAD.
  S 3. This act shall take effect immediately.