S T A T E O F N E W Y O R K
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6865
2011-2012 Regular Sessions
I N A S S E M B L Y
April 5, 2011
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Introduced by M. of A. HOOPER -- read once and referred to the Committee
on Local Governments
AN ACT to amend the general municipal law, in relation to payments in
lieu of taxes for projects approved by the town of Hempstead indus-
trial development agency and the Nassau county industrial 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 (HEREINAFTER REFERRED TO IN THIS SECTION AS "PILOT") AGREEMENT BY
THE AGENCY FOR A PROJECT LOCATED IN THE VILLAGE OF FREEPORT, THE VILLAGE
OF GARDEN CITY 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, 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 REVIEWING 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10080-02-1
A. 6865 2
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. THE AGENCY SHALL PROVIDE A
WRITTEN REPORT TO THE VILLAGE OF FREEPORT, THE VILLAGE OF GARDEN CITY
AND THE VILLAGE OF HEMPSTEAD DOCUMENTING ANY AND ALL VARIANCES OR CHANG-
ES TO THE PROJECTED REVENUES OF SUCH VILLAGES FROM ANY SUCH PILOT AGREE-
MENT.
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 A FORENSIC 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. 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 (HEREINAFTER REFERRED TO IN THIS SECTION AS "PILOT") AGREEMENT BY
THE AGENCY FOR A PROJECT LOCATED IN THE VILLAGE OF FREEPORT, THE VILLAGE
OF GARDEN CITY 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, 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 REVIEWING 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 AUDIT HAS BEEN COMPLETED OF THE
ACCOUNTS OF THE PARTY OBLIGATED TO MAKE PAYMENTS IN LIEU OF TAXES PURSU-
ANT TO THE PILOT AGREEMENT WITH THE AGENCY. THE AGENCY AND THE VILLAGE
A. 6865 3
GOVERNING BODY SHALL JOINTLY CHOOSE A QUALIFIED ENTITY TO CONDUCT SUCH
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 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 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 HEMP-
STEAD.
S 3. This act shall take effect immediately.