S T A T E   O F   N E W   Y O R K
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                                  7722

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 31, 2013
                               ___________

Introduced  by  M.  of  A.  GABRYSZAK  --  read once and referred to the
  Committee on Local Governments

AN ACT to amend the general municipal law, in relation to certain indus-
  trial development agencies

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

  Section  1.  Section  898-a  of the general municipal law, as added by
chapter 995 of the laws of 1972, is amended to read as follows:
  S 898-a. Town of Lancaster  industrial  development  agency.  For  the
benefit of the town of Lancaster in the county of Erie, and the inhabit-
ants  thereof, an industrial development agency, to be known as the TOWN
OF LANCASTER INDUSTRIAL DEVELOPMENT AGENCY, is  hereby  established  for
the  accomplishment of any or all of the purposes specified in title one
of article eighteen-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  title  one  of  article
eighteen-A  of  this  chapter  upon  industrial development agencies and
provided that the exercise of the powers by such agency with respect  to
the  acquisition  of  real property whether by purchase, condemnation or
otherwise, shall be limited to the corporate  limits  of  THE  TOWNS  OF
LANCASTER,  CHEEKTOWAGA  AND WEST SENECA, ALSO PROVIDED THAT NO EXERCISE
OF THE POWERS BY SUCH AGENCY WITH RESPECT TO  THE  ACQUISITION  OF  REAL
PROPERTY  WHETHER  BY  PURCHASE,  CONDEMNATION OR OTHERWISE, OUTSIDE THE
CORPORATE LIMITS OF the Town of Lancaster SHALL BE VALID UNTIL THE  TOWN
BOARD  OF  THE  TOWN WITHIN WHOSE CORPORATE LIMITS SUCH REAL PROPERTY IS
LOCATED PASSES A RESOLUTION IN SUPPORT OF THE EXERCISE  OF  THIS  POWER,
and such agency shall take into consideration the local zoning and plan-
ning  regulations  as  well as the regional and local comprehensive land
use plans. It shall be organized  in  a  manner  prescribed  by  and  be
subject  to  the  provisions  of title one of article eighteen-A of this
chapter. Its members shall be appointed by the  governing  body  of  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11049-01-3
              

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Town  of  Lancaster. The agency, its members, officers and employees and
its operations and activities shall in all respects be governed  by  the
provisions of title one of article eighteen-A of this chapter.
  S  2.  Section 901-a of the general municipal law, as added by chapter
364 of the laws of 1973, is amended to read as follows:
  S 901-a. Town of Clarence, Erie county, industrial development agency.
For the benefit of the town of Clarence, Erie county, and  the  inhabit-
ants  thereof, an industrial development agency, to be known as the TOWN
OF CLARENCE, ERIE  COUNTY,  INDUSTRIAL  DEVELOPMENT  AGENCY,  is  hereby
established  for the accomplishment of any or all of the purposes speci-
fied in title one of  article  eighteen-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  title
one  of  article  eighteen-A of this chapter upon industrial development
agencies and provided that the exercise of the  powers  by  such  agency
with  respect  to  the acquisition of real property whether by purchase,
condemnation or otherwise, shall be limited to the corporate  limits  of
THE  TOWNS OF CLARENCE, ALDEN, ELMA, MARILLA AND NEWSTEAD, ALSO PROVIDED
THAT NO EXERCISE OF THE POWERS BY SUCH AGENCY WITH RESPECT TO THE ACQUI-
SITION OF THE REAL PROPERTY WHETHER BY PURCHASE, CONDEMNATION OR  OTHER-
WISE,  OUTSIDE  THE  CORPORATE  LIMITS  OF the town of Clarence SHALL BE
VALID UNTIL THE TOWN BOARD OF THE TOWN  WITHIN  WHOSE  CORPORATE  LIMITS
SUCH  REAL  PROPERTY  IS  LOCATED  PASSES A RESOLUTION IN SUPPORT OF THE
EXERCISE OF THIS POWER, and such agency shall  take  into  consideration
the  local  zoning  and planning regulations as well as the regional and
local comprehensive land use plans. It shall be organized  in  a  manner
prescribed  by  and be subject to the provisions of title one of article
eighteen-A of this chapter.  Its  members  shall  be  appointed  by  the
governing  body  of the town of Clarence. The agency, its members, offi-
cers and employees and  its  operations  and  activities  shall  in  all
respects  be  governed  by  the provisions of title one of article eigh-
teen-A of this chapter.
  S 3. Section 914-a of the general municipal law, as added  by  chapter
579 of the laws of 1973, is amended to read as follows:
  S  [914-a] 914-B.   Town of Amherst industrial development agency. For
the benefit of the town of Amherst in the county of Erie, and the inhab-
itants thereof, an industrial development agency, to  be  known  as  the
TOWN OF AMHERST INDUSTRIAL DEVELOPMENT AGENCY, is hereby established for
the  accomplishment of any or all of the purposes specified in title one
of article eighteen-A of this chapter. It shall constitute a body corpo-
rate and politic, and be perpetual in duration. It shall have the  power
and duties now or hereafter conferred by title one of article eighteen-A
of  this  chapter upon industrial development agencies and provided that
the exercise of the powers by such agency with respect to  the  acquisi-
tion  of  real  property whether by purchase, condemnation or otherwise,
shall be limited to the corporate limits of THE TOWNS OF AMHERST,  GRAND
ISLAND  AND  TONAWANDA,  ALSO PROVIDED THAT NO EXERCISE OF THE POWERS BY
SUCH AGENCY WITH RESPECT TO THE ACQUISITION OF REAL PROPERTY WHETHER  BY
PURCHASE, CONDEMNATION OR OTHERWISE, OUTSIDE THE CORPORATE LIMITS OF the
town  of  Amherst SHALL BE VALID UNTIL THE TOWN BOARD OF THE TOWN WITHIN
WHOSE CORPORATE LIMITS SUCH REAL PROPERTY IS LOCATED PASSES A RESOLUTION
IN SUPPORT OF THE EXERCISE OF THIS POWER, and  such  agency  shall  take
into  consideration the local zoning and planning regulations as well as
the regional and local comprehensive land use plans. It shall be  organ-
ized in a manner prescribed by and be subject to the provisions of title
one  of  article  eighteen-A  of  this  chapter.  Its  members  shall be

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appointed by the governing body of the town of Amherst. The agency,  its
members,  officers and employees and its operations and activities shall
in all respects be governed by the provisions of title  one  of  article
eighteen-A of this chapter.
  S 4. Section 925-t of the general municipal law, as amended by chapter
466 of the laws of 1991, is amended to read as follows:
  S  925-t.  Town  of  Concord industrial development agency. 1. For the
benefit of the town of Concord and the inhabitants  thereof,  an  indus-
trial  development agency, to be known as the TOWN OF CONCORD INDUSTRIAL
DEVELOPMENT AGENCY, is hereby established for the accomplishment of  any
or  all  of the purposes specified in title one of article eighteen-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 here-
after conferred by title one of article eighteen-A of this chapter  upon
industrial  development  agencies  and provided that the exercise of the
powers by such agency with respect to the acquisition of  real  property
whether  by purchase, condemnation or otherwise, shall be limited to the
corporate limits of  THE  TOWNS  OF  CONCORD,  BRANT,  COLDEN,  COLLINS,
HOLLAND,  NORTH COLLINS, SARDINIA AND WALES, ALSO PROVIDED THAT NO EXER-
CISE OF THE POWERS BY SUCH AGENCY WITH RESPECT  TO  THE  ACQUISITION  OF
REAL  PROPERTY  WHETHER  BY PURCHASE, CONDEMNATION OR OTHERWISE, OUTSIDE
THE CORPORATE LIMITS OF the town of Concord SHALL  BE  VALID  UNTIL  THE
TOWN  BOARD OF THE TOWN WITHIN WHOSE CORPORATE LIMITS SUCH REAL PROPERTY
IS LOCATED PASSES A RESOLUTION IN SUPPORT OF THE EXERCISE OF THIS POWER,
and such agency shall take into consideration the local zoning and plan-
ning regulations as well as the regional and  local  comprehensive  land
use  plans.  It  shall  be  organized  in  a manner prescribed by and be
subject to the provisions of title one of  article  eighteen-A  of  this
chapter.  Its  members  shall  be appointed by the governing body of the
town of Concord. The agency, its members, officers and employees and its
operations and activities shall in  all  respects  be  governed  by  the
provisions  of  title  one of article eighteen-A of this chapter. To the
extent that the foregoing provisions of this subdivision or of title one
of this article are inconsistent with the provisions of subdivision  two
of  this  section,  the  provisions  of  such  subdivision  two shall be
controlling.
  2. The provisions of subparagraph two of paragraph (b) of  subdivision
one  of  section eight hundred fifty-six of this article shall not apply
to the town of Concord industrial development agency and the  agency  as
created and constituted pursuant to the other provisions of this article
is continued until otherwise altered or terminated pursuant to law.
  S 5. Section 925-v of the general municipal law, as amended by chapter
441 of the laws of 1994, is amended to read as follows:
  S  925-v.  Town  of  Hamburg industrial development agency. 1. For the
benefit of the town of Hamburg in the county of Erie, and  the  inhabit-
ants  thereof, an industrial development agency, to be known as the TOWN
OF HAMBURG INDUSTRIAL DEVELOPMENT AGENCY, is hereby established for  the
accomplishment  of  any or all of the purposes specified in title one of
article eighteen-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 title one of article eighteen-A of
this chapter upon industrial development agencies and provided that  the
exercise of the powers by such agency with respect to the acquisition of
real  property  whether by purchase, condemnation or otherwise, shall be
limited to the corporate limits of THE TOWNS OF HAMBURG, AURORA, BOSTON,
EDEN, EVANS AND ORCHARD PARK, ALSO PROVIDED  THAT  NO  EXERCISE  OF  THE

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POWERS  BY  SUCH AGENCY WITH RESPECT TO THE ACQUISITION OF REAL PROPERTY
WHETHER BY PURCHASE, CONDEMNATION OR OTHERWISE,  OUTSIDE  THE  CORPORATE
LIMITS OF the town of Hamburg SHALL BE VALID UNTIL THE TOWN BOARD OF THE
TOWN  WITHIN WHOSE CORPORATE LIMITS SUCH REAL PROPERTY IS LOCATED PASSES
A RESOLUTION IN SUPPORT OF THE EXERCISE OF THIS POWER, and  such  agency
shall  take into consideration the local zoning and planning regulations
as well as the regional and local comprehensive land use plans. It shall
be organized in a manner prescribed by and be subject to the  provisions
of title one of article eighteen-A of this chapter. Its members shall be
appointed  by the governing body of the town of Hamburg. The agency, its
members, officers and employees and its operations and activities  shall
in  all  respects  be governed by the provisions of title one of article
eighteen-A of this chapter.
  2. Notwithstanding the provisions of subdivision two of section  eight
hundred  fifty-six  of  article  eighteen-A  of this chapter, the agency
shall consist of not less than three nor  more  than  nine  members  who
shall be appointed by the governing body of the town of Hamburg.
  S 6. This act shall take effect immediately.