S T A T E O F N E W Y O R K
________________________________________________________________________
5783
2013-2014 Regular Sessions
I N A S S E M B L Y
March 6, 2013
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Introduced by M. of A. RA -- read once and referred to the Committee on
Local Governments
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, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03636-01-3
A. 5783 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.
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. 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, 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
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
A. 5783 3
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 immediately.