senate Bill S5666

Vetoed By Governor
2011-2012 Legislative Session

Requires signatures for payments in lieu of taxes for project in the town of Chester

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Archive: Last Bill Status Via A3146 - Vetoed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 23, 2011 tabled
vetoed memo.55
Sep 12, 2011 delivered to governor
Jun 23, 2011 returned to assembly
passed senate
3rd reading cal.1531
substituted for s5666
Jun 23, 2011 substituted by a3146
ordered to third reading cal.1531
committee discharged and committed to rules
Jun 09, 2011 referred to local government

Votes

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S5666 - Bill Details

See Assembly Version of this Bill:
A3146
Law Section:
General Municipal Law
Laws Affected:
Amd ยง912, Gen Muni L
Versions Introduced in 2009-2010 Legislative Session:
A11451, S8264

S5666 - Bill Texts

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Requires signatures of the chief executive of the town of Chester for payments in lieu of taxes prior to the grant of application or the effectiveness of any such grant for a payment in lieu of taxes by the Orange county industrial development agency or any other agency that affects a municipality; makes related provisions.

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BILL NUMBER:S5666

TITLE OF BILL:
An act
to amend the general municipal law, in relation to the town of
Chester
and the Orange
county
industrial agency

PURPOSE:
This legislation requires signatures for payments in lieu of taxes.

SUMMARY OF PROVISIONS:
The written consent of the chief executive officer is required in any
PILOT prior to the approval of any application by the agency for a
project located in the town of Chester. The agency shall also obtain
three-fifths majority of the town governing body prior to any PILOT
agreement being approved. The agency must also obtain an impact
analysis to determine the impact of the PILOT on the town of the
project and the planned Pilot agreement.

The applicant shall bear the cost related to the impact study. The
agency and the town governing body shall jointly select a qualified
entity to conduct the impact analysis. The agency's membership shall
include at least one member Of the town's governing body and at least
three at large members from a cross section of the community,

The agency shall review any PILOT agreement after the third year and
every third year thereafter, and adjust the PILOT agreement
accordingly based on changes to the assessed value and tax rate of
all other real properties.

A PILOT agreement for a project 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.

JUSTIFICATION:
This legislation has been requested by the Town of Chester in response
to a larger than normal tax break granted by the Orange County
industrial development agency to a business located within the town
of Chester.

LEGISLATIVE HISTORY:
2010: A.11451 Referred to Local Governments
S.8264 Referred to Rules

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  5666

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 9, 2011
                               ___________

Introduced  by  Sen.  LARKIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law, in relation to  the  town  of
  Chester and the Orange 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 912 of the general munic-
ipal law, as added by chapter 390 of the laws  of  1972,  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  TOWN
OF  CHESTER,  THE  WRITTEN CONSENT OF THE CHIEF EXECUTIVE OFFICER OF THE
AFFECTED TOWN SHALL BE OBTAINED.   THE  AGENCY  SHALL  ALSO  OBTAIN  THE
APPROVAL,  BY THREE-FIFTHS MAJORITY, OF THE TOWN GOVERNING BODY PRIOR TO
ANY PILOT AGREEMENT BEING APPROVED BY THE AGENCY FOR A  PROJECT  LOCATED
IN  THE  TOWN OF CHESTER. IN ADDITION, THE AGENCY SHALL OBTAIN AN IMPACT
ANALYSIS TO DETERMINE THE IMPACT ON THE TOWN  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  TOWN  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 TOWN OF CHESTER, SHALL INCLUDE AT LEAST ONE MEMBER  OF  SUCH  TOWN'S
GOVERNING  BODY  AND  AT LEAST THREE AT LARGE MEMBERS DRAWN FROM A CROSS
SECTION OF THE TOWN COMMUNITY.
  3. THE AGENCY SHALL REVIEW ANY PILOT AGREEMENT FOR A  PROJECT  LOCATED
IN  THE TOWN OF CHESTER AFTER THE THIRD YEAR OF ENTERING INTO SUCH PILOT
AGREEMENT, AND EVERY THIRD YEAR THEREAFTER, AND ADJUST THE PILOT  AGREE-
MENT  ACCORDINGLY BASED ON CHANGES TO THE ASSESSED VALUE AND TAX RATE OF
ALL OTHER REAL PROPERTIES LOCATED IN SUCH TOWN.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02807-01-1

S. 5666                             2

  4. A PILOT AGREEMENT FOR A PROJECT LOCATED  IN  THE  TOWN  OF  CHESTER
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  TOWN  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  TOWN
OF CHESTER 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 TOWN OF CHESTER.
  S 2. This act shall take effect immediately.

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