senate Bill S840

2013-2014 Legislative Session

Restricts the formation of new development agencies in Erie county

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Archive: Last Bill Status - In Committee


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

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Jan 08, 2014 referred to local government
Jan 09, 2013 referred to local government

S840 - Bill Details

Current Committee:
Senate Local Government
Law Section:
General Municipal Law
Laws Affected:
Amd ยงยง891-a, 898-a, 901-a, 914-a, 925-t & 925-v, Gen Muni L
Versions Introduced in 2011-2012 Legislative Session:
A10560

S840 - Bill Texts

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Restricts the formation of new development agencies in Erie County.

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BILL NUMBER:S840

TITLE OF BILL:
An act
to amend the general municipal law, in relation to restricting the
formation of new development agencies in Erie county

PURPOSE OR GENERAL IDEA OF THE BILL:
This bill would allow only the
Erie County Industrial Development Agency to exempt state and county
taxes, without prior approval. Further, this bill would require any
town Industrial Development Agencies within Erie County to seek
approval if they wish to exempt any taxes other than the individual
town's property taxes.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 891-a of the
general municipal law by limiting the authority of town industrial
development agencies located within Erie County to exempt certain
taxes.

Section 2 amends section 898-a of the general municipal law stating
section 891-a is controlling law in the event of any inconsistencies.

Section 3 amends section 901-a of the general municipal law stating
section 891-a is controlling law in the event of any inconsistencies.

Section 4 amends section 914-a of the general municipal law stating
section 891-a is controlling law in the event of any inconsistencies.

Section 5 amends section 925-t of the general municipal law stating
section 891-a is controlling law in the event of any inconsistencies.

Section 6 amends section 925-v of the general municipal law stating
section 891-a is controlling law in the event of any inconsistencies,

JUSTIFICATION:
Currently, Erie County has 5 town IDAs (Amherst,
Clarence, Concord, Hamburg, and Lancaster) in addition to the Erie
County IDA. The ECIDA has power and authority to act on a county wide
basis while the town IDAs can only act on projects within the
boundaries of their town. This leads to competition between the town
IDAs in attempting to lure businesses to their municipalities. The
taxes generally waived by these town IDAs consist of-state and county
taxes, as well as, the taxes of school districts and other
municipalities. This results in the town IDAs competing to exempt
taxes from the same general pool of tax revenue. The ECIDA is in a
better position to oversee the tax exemptions granted to businesses
and implement regional strategies for economic growth.

PRIOR LEGISLATIVE HISTORY:
2012: A.10560 Referred to Rules

FISCAL IMPLICATIONS:


No fiscal implications to the state. State tax
revenues should increase as the ECIDA will be the sole IDA which can
exempt state taxes.

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
________________________________________________________________________

                                   840

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. KENNEDY -- 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  restricting
  the formation of new development agencies in Erie county

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

  Section 1. Section 891-a of the general municipal law  is  amended  by
adding a new subdivision 3 to read as follows:
  3.  (A) NOTWITHSTANDING THE PROVISIONS OF SECTION EIGHT HUNDRED FIFTY-
SIX OF THIS ARTICLE OR ANY OTHER LAW, RULE OR REGULATION TO THE  CONTRA-
RY, NO NEW INDUSTRIAL DEVELOPMENT AGENCY MAY BE FORMED WITHIN ERIE COUN-
TY.
  (B)   NOTWITHSTANDING   THE   PROVISIONS   OF  SECTION  EIGHT  HUNDRED
SEVENTY-FOUR OF THIS ARTICLE OR ANY OTHER LAW, RULE OR REGULATION TO THE
CONTRARY, WITHIN ERIE COUNTY, ONLY PROJECTS THAT ARE UNDERTAKEN  BY  THE
ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY:
  (1) MAY BE EXEMPT FROM THE FOUR PERCENT SALES AND COMPENSATING USE TAX
IMPOSED FOR THE BENEFIT OF NEW YORK STATE BY ARTICLE TWENTY-EIGHT OF THE
TAX LAW;
  (2)  MAY  BE EXEMPT FROM THE THREE PERCENT, ADDITIONAL ONE PERCENT AND
THE ADDITIONAL THREE-QUARTERS OF ONE PERCENT SALES AND COMPENSATING  USE
TAX IMPOSED BY SECTION TWELVE HUNDRED TEN OF THE TAX LAW;
  (3)  MAY  BE  EXEMPT FROM REAL PROPERTY TAXES IMPOSED BY THE COUNTY OF
ERIE, PROVIDED HOWEVER, COUNTY REAL PROPERTY TAX RELIEF MAY  BE  GRANTED
BY A TOWN INDUSTRIAL DEVELOPMENT AGENCY FOR PROJECTS LOCATED WITHIN SUCH
TOWN,  IF  THE  ERIE  COUNTY INDUSTRIAL DEVELOPMENT AGENCY CONSENTS ON A
PROJECT BY PROJECT BASIS BY RESOLUTION AT A REGULAR OR  SPECIAL  MEETING
TO SUCH REAL PROPERTY TAX EXEMPTION;
  (4)  MAY  BE  EXEMPT  FROM  REAL  PROPERTY TAXES IMPOSED BY A VILLAGE,
PROVIDED HOWEVER, VILLAGE REAL PROPERTY TAX RELIEF MAY BE GRANTED  ON  A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00019-02-3

S. 840                              2

PROJECT  BY  PROJECT  BASIS  BY A TOWN INDUSTRIAL DEVELOPMENT AGENCY FOR
PROJECTS LOCATED WITHIN A VILLAGE WHICH IS PART OF SUCH  TOWN,  IF  SUCH
VILLAGE  CONSENTS  BY  A RESOLUTION DULY ADOPTED AT A REGULAR OR SPECIAL
MEETING OF SUCH VILLAGE BOARD TO SUCH REAL PROPERTY TAX EXEMPTION;
  (5)  MAY  BE  EXEMPT  FROM  REAL  PROPERTY  TAXES  IMPOSED BY A SCHOOL
DISTRICT, PROVIDED HOWEVER, SCHOOL DISTRICT REAL PROPERTY TAX RELIEF MAY
BE GRANTED ON A PROJECT BY PROJECT BASIS BY A TOWN  INDUSTRIAL  DEVELOP-
MENT  AGENCY FOR PROJECTS LOCATED WITHIN A SCHOOL DISTRICT WHICH IS PART
OF SUCH TOWN, IF SUCH SCHOOL DISTRICT  CONSENTS  BY  A  RESOLUTION  DULY
ADOPTED  AT  A  REGULAR  OR  SPECIAL MEETING OF THE BOARD OF SUCH SCHOOL
DISTRICT TO SUCH REAL PROPERTY TAX EXEMPTION; AND
  (6) MAY BE EXEMPT FROM THE MORTGAGE RECORDING TAX IMPOSED  BY  ARTICLE
ELEVEN OF THE TAX LAW.
  (C)  NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, TOWN
INDUSTRIAL DEVELOPMENT AGENCIES WITHIN ERIE  COUNTY  ARE  AUTHORIZED  TO
ENTER INTO COOPERATIVE AGREEMENTS WITH THE ERIE COUNTY INDUSTRIAL DEVEL-
OPMENT  AGENCY  WHEREBY  THE  RIGHTS, OBLIGATIONS, DUTIES, AND ASSETS OF
SUCH TOWN INDUSTRIAL DEVELOPMENT AGENCY ARE TRANSFERRED IN WHOLE  OR  IN
PART TO THE ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY SO LONG ANY PLEDGE
THAT  MAY  HAVE  BEEN  PROVIDED BY THE STATE, SUCH MUNICIPALITY, OR SUCH
TOWN INDUSTRIAL DEVELOPMENT AGENCY PURSUANT TO THE PROVISIONS OF SECTION
EIGHT HUNDRED SIXTY-EIGHT OF THIS ARTICLE  IS  NOT  ADVERSELY  AFFECTED.
INSOFAR AS THE PROVISIONS OF THIS PARAGRAPH ARE INCONSISTENT WITH ANY OF
THE  PROVISIONS  OF  SECTION  EIGHT HUNDRED NINETY-EIGHT-A, NINE HUNDRED
ONE-A, NINE HUNDRED FOURTEEN-A (AS ADDED BY CHAPTER FIVE HUNDRED  SEVEN-
TY-NINE  OF  THE  LAWS  OF NINETEEN HUNDRED SEVENTY-THREE), NINE HUNDRED
TWENTY-FIVE-T  OR  NINE  HUNDRED  TWENTY-FIVE-V  OF  THIS   TITLE,   THE
PROVISIONS OF THIS PARAGRAPH SHALL BE CONTROLLING.
  S  2.  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 THIS 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 THIS
article [eighteen-A of this chapter] upon industrial  development  agen-
cies  and  provided  that the exercise of the powers by such agency with
respect to the acquisition of real property whether by purchase, condem-
nation or otherwise, shall be limited to the  corporate  limits  of  the
Town  of  Lancaster,  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  THIS
article  [eighteen-A of this chapter]. Its members shall be appointed by
the governing body of the 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  eigh-
teen-A  of  this  chapter.    INSOFAR  AS  ANY OF THE PROVISIONS OF THIS
SECTION ARE INCONSISTENT WITH  THE  PROVISIONS  OF  PARAGRAPH  THREE  OF
SECTION EIGHT HUNDRED NINETY-ONE-A OF THIS TITLE, THE PROVISIONS OF SUCH
PARAGRAPH SHALL BE CONTROLLING.
  S  3.  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. 840                              3

  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 THIS 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 THIS article [eighteen-A of this chapter] upon industrial  devel-
opment  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 town of Clarence, and such agency shall take into  consid-
eration  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 THIS article [eighteen-A of  this  chapter].  Its  members  shall  be
appointed by the governing body of the town of Clarence. 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 THIS arti-
cle [eighteen-A of this chapter]. INSOFAR AS ANY OF  THE  PROVISIONS  OF
THIS  SECTION ARE INCONSISTENT WITH THE PROVISIONS OF PARAGRAPH THREE OF
SECTION EIGHT HUNDRED NINETY-ONE-A OF THIS TITLE, THE PROVISIONS OF SUCH
PARAGRAPH SHALL BE CONTROLLING.
  S 4. 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. Town of Amherst industrial development agency. For the bene-
fit of the town of Amherst in the county of Erie,  and  the  inhabitants
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
THIS article [eighteen-A of this chapter]. It shall  constitute  a  body
corporate  and  politic, and be perpetual in duration. It shall have the
power and duties now or hereafter conferred by title one of THIS 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 town of
Amherst, 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 THIS  article  [eighteen-A  of
this  chapter].  Its members shall be 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 THIS article [eighteen-A of this chapter].
INSOFAR AS ANY OF THE PROVISIONS OF THIS SECTION ARE  INCONSISTENT  WITH
THE  PROVISIONS OF PARAGRAPH THREE OF SECTION EIGHT HUNDRED NINETY-ONE-A
OF THIS TITLE, THE PROVISIONS OF SUCH PARAGRAPH SHALL BE CONTROLLING.
  S 5. Section 925-t of the general municipal law is amended by adding a
new subdivision 3 to read as follows:
  3. INSOFAR AS ANY OF THE PROVISIONS OF THIS SECTION  ARE  INCONSISTENT
WITH  THE PROVISIONS OF PARAGRAPH THREE OF SECTION EIGHT HUNDRED NINETY-
ONE-A OF THIS TITLE, THE PROVISIONS OF SUCH PARAGRAPH SHALL BE  CONTROL-
LING.

S. 840                              4

  S 6. Section 925-v of the general municipal law is amended by adding a
new subdivision 3 to read as follows:
  3.  INSOFAR  AS ANY OF THE PROVISIONS OF THIS SECTION ARE INCONSISTENT
WITH THE PROVISIONS OF PARAGRAPH THREE OF SECTION EIGHT HUNDRED  NINETY-
ONE-A  OF THIS TITLE, THE PROVISIONS OF SUCH PARAGRAPH SHALL BE CONTROL-
LING.
  S 7. This act shall take effect  immediately;  provided,  however,  it
shall not apply to any project approved by a town industrial development
agency prior to the effective date of this act.

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