S T A T E   O F   N E W   Y O R K
________________________________________________________________________
                                  2031
                       2015-2016 Regular Sessions
                          I N  A S S E M B L Y
                            January 15, 2015
                               ___________
Introduced  by  M.  of  A. SCHIMEL, LAVINE, JAFFEE, ABINANTI, MONTESANO,
  COOK, RA -- read once and referred to the Committee on  Real  Property
  Taxation
AN  ACT  to  amend  the real property tax law, in relation to payment in
  lieu of taxes agreements
  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:
  Section  1. The real property tax law is amended by adding a new arti-
cle 3-A to read as follows:
                               ARTICLE 3-A
                   PAYMENT IN LIEU OF TAXES AGREEMENTS
SECTION 370. PAYMENT IN LIEU OF TAXES AGREEMENTS.
  S 370. PAYMENT IN LIEU OF TAXES AGREEMENTS. 1.  FOR  THE  PURPOSES  OF
THIS SECTION:
  (A) "LOCAL GOVERNMENT" SHALL MEAN ANY MUNICIPAL CORPORATION AS DEFINED
PURSUANT  TO  SECTION  TWO  OF  THE  GENERAL MUNICIPAL LAW OR ANY SCHOOL
DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
  (B) "PAYMENT IN LIEU OF TAXES AGREEMENT" OR  "PILOT  AGREEMENT"  SHALL
MEAN  AN  AGREEMENT  ENTERED INTO BETWEEN A LOCAL GOVERNMENT AND ANOTHER
PARTY WHEREBY SUCH OTHER PARTY COMPENSATES  SUCH  LOCAL  GOVERNMENT  FOR
SOME  OR  ALL  OF  THE  TAX REVENUE LOST DUE TO THE NATURE OF THE USE OR
OWNERSHIP OF A PARCEL OF REAL PROPERTY BY SUCH OTHER PARTY.  THE  AMOUNT
OF  SUCH  PAYMENT  IN  LIEU  OF  TAXES IS BASED ON AN ASSESSMENT OF SUCH
PARCEL OF REAL PROPERTY.
  2. IF THE AMOUNT OF ANY PAYMENT IN LIEU OF TAXES IS REDUCED, DUE TO  A
REASSESSMENT  OF  THE  PARCEL OF REAL PROPERTY SUCH AGREEMENT IS RELATED
TO, AND SUCH REDUCTION WOULD NEGATIVELY IMPACT THE TOTAL REVENUE OF  ANY
LOCAL  GOVERNMENT  BY MORE THAN FIVE PERCENT, SUCH REDUCTION IN PAYMENTS
IN LIEU OF TAXES SHALL BE PHASED IN OVER A TEN YEAR PERIOD.
  S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02487-01-5