senate Bill S7557

2013-2014 Legislative Session

Provides that prior to the approval of any application for a payment in lieu of taxes by an industrial development agency, the agreement shall obtain approval of all affected tax jurisdictions

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 15, 2014 referred to local government

S7557 - Bill Details

Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Amd ยง858, Gen Muni L

S7557 - Bill Texts

view summary

Provides that prior to the approval of any application for a payment in lieu of taxes by an industrial development agency, the agreement shall obtain approval, by three-fifths majority, of all affected tax jurisdictions.

view sponsor memo
BILL NUMBER:S7557

TITLE OF BILL: An act to amend the general municipal law, in relation
to agreements requiring payments in lieu of taxes entered into by
industrial development agencies

PURPOSE: To ensure that IDA payment in lieu of taxes (PILOT) agreement
are approved by all affected tax jurisdictions before going into
effect.

SUMMARY OF PROVISIONS:

Section one amends subdivision 15 of section 858 of the general
municipal law to require that an IDA payment in lieu of taxes (PILOT)
agreement must be approved by all affected tax jurisdictions before
going into effect.

Section two sets the enacting date.

JUSTIFICATION: Industrial Development Agencies have statutory
authority to grant tax exemptions to businesses in order to foster
economic development. However, many IDAs cover large geographic areas,
such as entire counties. These IDAs encompass numerous levels of
government, and their actions to grant tax exemptions effect all other
governments in which the project will be located in. This legislation
will allow all affected tax jurisdictions to have a voice when an IDA
is granting a PILOT that can adversely affect that localities tax
base. This proposal will create more accountability for PILOTs and
foster an environment of collaborative economic development.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7557

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced  by  Sen. MARTINS -- 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  agreements
  requiring  payments in lieu of taxes entered into by industrial devel-
  opment agencies

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

  Section 1. Subdivision 15 of section 858 of the general municipal law,
as  added  by  chapter  356  of  the laws of 1993, is amended to read as
follows:
  (15) To enter into agreements requiring payments  in  lieu  of  taxes.
Such agreements shall be in writing and in addition to other terms shall
contain: the amount due annually to each affected tax jurisdiction (or a
formula by which the amount due can be calculated), the name and address
of the person, office or agency to which payment shall be delivered, the
date on which payment shall be made, and the date on which payment shall
be  considered  delinquent  if  not paid. Unless otherwise agreed by the
affected tax  jurisdictions,  any  such  agreement  shall  provide  that
payments  in  lieu of taxes shall be allocated among affected tax juris-
dictions in proportion to the amount of  real  property  tax  and  other
taxes  which  would have been received by each affected tax jurisdiction
had the project not been tax exempt due to  the  status  of  the  agency
involved in the project. A copy of any such agreement shall be delivered
to  each  affected  tax  jurisdiction within fifteen days of signing the
agreement. In the absence of any such  written  agreement,  payments  in
lieu  of  taxes  made  by  an  agency  shall  be  allocated  in the same
proportions as they had been prior to January  first,  nineteen  hundred
ninety-three  for  so  long  as the agency's activities render a project
non-taxable by affected tax jurisdictions. PRIOR TO THE APPROVAL OF  ANY
APPLICATION  FOR  AN AGREEMENT FOR PAYMENTS IN LIEU OF TAXES, THE AGREE-
MENT SHALL OBTAIN THE APPROVAL OF ALL AFFECTED TAX JURISDICTIONS;
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15080-02-4

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.