S T A T E O F N E W Y O R K
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2413
2015-2016 Regular Sessions
I N A S S E M B L Y
January 16, 2015
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Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
tee on Local Governments
AN ACT to amend the general municipal law, in relation to payments in
lieu of taxes
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 A PAYMENT IN LIEU OF TAXES, THE AGREEMENT SHALL OBTAIN
THE APPROVAL, BY THREE-FIFTHS MAJORITY, OF ALL AFFECTED TAX JURISDIC-
TIONS;
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.