Senate Bill S8334

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

                                  8334

                            I N  S E N A T E

                              June 24, 2010
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the general municipal law, in relation  to  payments  in
  lieu  of  taxes by the Town of Hempstead industrial development agency
  and the Nassau county industrial agency for a project in  the  village
  of Garden City

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

  Section 1. Subdivisions 2, 3 and 4  of  section  905  of  the  general
municipal  law,  as  added by a chapter of the laws of 2010 amending the
general municipal law relating  to  the  town  of  Hempstead  industrial
development  agency and the Nassau county industrial agency, as proposed
in legislative bills numbers S. 7157-B and A. 10033-C,  are  amended  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, THE VILLAGE OF GARDEN CITY or the village of Hemp-
stead, 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, THE VILLAGE OF GARDEN  CITY  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, THE VILLAGE OF GARDEN CITY 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17830-01-0
              

S. 8334                             2

  3. The agency shall review any PILOT agreement for a  project  located
in the village of Freeport, THE VILLAGE OF GARDEN CITY or the village of
Hempstead  after  the  third year of entering into such PILOT agreement,
and every third year thereafter, and adjust the PILOT agreement  accord-
ingly  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,
THE VILLAGE OF GARDEN CITY 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 agreement 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 agen-
cy shall bear the costs of preparing such forensic audit. The village of
Freeport,  THE  VILLAGE  OF  GARDEN CITY 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, THE  VILLAGE
OF GARDEN CITY or the village of Hempstead.
  S  2.  Subdivisions 2, 3 and 4 of section 922 of the general municipal
law, as added by a chapter of the laws  of  2010  amending  the  general
municipal  law  relating to the town of Hempstead industrial development
agency and the Nassau county industrial agency, as proposed in  legisla-
tive  bills  numbers  S.  7157-B  and A. 10033-C, are amended 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, THE VILLAGE OF GARDEN CITY or the village of  Hemp-
stead,  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, THE VILLAGE OF GARDEN CITY 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, THE VILLAGE OF GARDEN CITY 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, THE VILLAGE OF GARDEN CITY or the village of
Hempstead after the third year of entering into  such  PILOT  agreement,
and  every third year thereafter, and adjust the PILOT agreement accord-
ingly 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,
THE  VILLAGE  OF  GARDEN  CITY  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  agreement  with the agency. The agency and the

S. 8334                             3

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 agen-
cy shall bear the costs of preparing such forensic audit. The village of
Freeport,  THE  VILLAGE  OF  GARDEN CITY 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, THE  VILLAGE
OF GARDEN CITY or the village of Hempstead.
  S  3.  This  act  shall  take  effect on the same date and in the same
manner as a chapter of the laws of 2010 amending the  general  municipal
law  relating to the town of Hempstead industrial development agency and
the Nassau county industrial agency, as proposed  in  legislative  bills
numbers S. 7157-B and A. 10033-C, takes effect.