S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1941

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 15, 2015
                               ___________

Introduced  by  Sens.  KLEIN, HASSELL-THOMPSON -- 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 and the tax law, in relation
  to creating the Eastchester creek intermunicipal economic  revitaliza-
  tion agency

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

  Section 1. Article 15-B of the general municipal  law  is  amended  by
adding a new title 119 to read as follows:
                                TITLE 119
                            EASTCHESTER CREEK
              INTERMUNICIPAL ECONOMIC REVITALIZATION AGENCY
SECTION 680-F. EASTCHESTER  CREEK INTERMUNICIPAL ECONOMIC REVITALIZATION
                 AGENCY.
  S 680-F.  EASTCHESTER  CREEK  INTERMUNICIPAL  ECONOMIC  REVITALIZATION
AGENCY.  (A) FOR THE BENEFIT OF THE CITY OF MOUNT VERNON AND THE VILLAGE
OF  PELHAM  MANOR  AND  THE INHABITANTS THEREOF, A COMMUNITY DEVELOPMENT
AGENCY, TO BE KNOWN AS THE  EASTCHESTER  CREEK  INTERMUNICIPAL  ECONOMIC
REVITALIZATION  AGENCY,  IS HEREBY ESTABLISHED FOR THE ACCOMPLISHMENT OF
ANY OR ALL OF THE PURPOSES SPECIFIED IN ARTICLES FIFTEEN  AND  FIFTEEN-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  ARTICLES FIFTEEN AND FIFTEEN-A OF THIS CHAPTER
UPON COMMUNITY DEVELOPMENT AGENCIES AND PROVIDED THAT  THE  EXERCISE  OF
THE  POWERS BY SUCH AGENCY WITH RESPECT TO THE ACQUISITION OF REAL PROP-
ERTY WHETHER BY PURCHASE, CONDEMNATION OR OTHERWISE, SHALL BE LIMITED TO
THE AREA DEFINED AS THE EASTCHESTER CREEK INTERMUNICIPAL ECONOMIC  REVI-
TALIZATION  AREA AND SUCH AGENCY SHALL TAKE INTO CONSIDERATION THE LOCAL
ZONING AND PLANNING REGULATIONS  AS  WELL  AS  THE  REGIONAL  AND  LOCAL
COMPREHENSIVE  LAND  USE  PLANS  IN  ANY  ACTIONS THEY TAKE. IT SHALL BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05365-02-5
              

S. 1941                             2

ORGANIZED IN A MANNER PRESCRIBED BY AND BE SUBJECT TO THE PROVISIONS  OF
ARTICLES  FIFTEEN  AND  FIFTEEN-A OF THIS CHAPTER AND THE INTERMUNICIPAL
AGREEMENT SIGNED BY BOTH MUNICIPALITIES. ITS MEMBERS  SHALL  CONSIST  OF
THE  MAYOR  OF  THE CITY OF MOUNT VERNON AND THE MAYOR OF THE VILLAGE OF
PELHAM MANOR. THE AGENCY, ITS MEMBERS AND OFFICERS  AND  ITS  OPERATIONS
AND ACTIVITIES SHALL IN ALL OTHER RESPECTS BE GOVERNED BY THE PROVISIONS
OF ARTICLES FIFTEEN AND FIFTEEN-A OF THIS CHAPTER AND THE INTERMUNICIPAL
AGREEMENT  SIGNED  BY BOTH MUNICIPALITIES.   PROVIDED, HOWEVER, THAT THE
EASTCHESTER CREEK INTERMUNICIPAL ECONOMIC  REVITALIZATION  AGENCY  SHALL
DEFER  TO THE RESPECTIVE VILLAGE OR CITY ON ZONING AND LAND USE LAWS AND
DETERMINATIONS AND OTHER MUNICIPAL REGULATORY CHANGES.
  (B) THE AREA DEFINED AS THE EASTCHESTER CREEK INTERMUNICIPAL  ECONOMIC
REVITALIZATION  AREA  SHALL  CONSIST  OF (I) THAT PORTION OF THE CITY OF
MOUNT VERNON, APPROXIMATELY TWO HUNDRED THIRTY-ONE ACRES IN SIZE,  WHICH
IS  BOUNDED  BY SANDFORD BOULEVARD ON THE NORTH, THE CITY OF NEW YORK ON
THE SOUTH, SOUTH THIRD AVENUE ON  THE  WEST  AND  THE  HUTCHINSON  RIVER
(EASTCHESTER  CREEK  OR CANAL) ON THE EAST, AND (II) THAT PORTION OF THE
VILLAGE OF PELHAM MANOR, TRIANGULAR IN SHAPE, WHICH IS  BOUNDED  BY  THE
HUTCHINSON  RIVER (EASTCHESTER CREEK OR CANAL) ON THE WEST, THE HUTCHIN-
SON RIVER PARKWAY ON THE EAST AND THE CITY OF NEW YORK ON THE SOUTH.
  S 2. The tax law is amended by adding a new section 1210-f to read  as
follows:
  S 1210-F. SALES AND COMPENSATING USE TAX FOR PURPOSES OF THE EASTCHES-
TER  CREEK  INTERMUNICIPAL ECONOMIC REVITALIZATION AREA. FOR THE PURPOSE
OF ESTABLISHING A UNIFORM TAX RATE WITHIN THE EASTCHESTER CREEK INTERMU-
NICIPAL ECONOMIC REVITALIZATION AREA, THE VILLAGE  OF  PELHAM  MANOR  IS
HEREBY  AUTHORIZED  AND  EMPOWERED  TO ADOPT AND AMEND LOCAL LAWS, ORDI-
NANCES OR RESOLUTIONS IMPOSING WITHIN THE  TERRITORIAL  LIMITS  OF  THAT
PORTION  OF  THE VILLAGE OF PELHAM MANOR WHICH IS WITHIN THE EASTCHESTER
CREEK INTERMUNICIPAL ECONOMIC REVITALIZATION AREA ADDITIONAL  SALES  AND
COMPENSATING USE TAXES AT THE RATE NECESSARY FROM TIME TO TIME TO EQUAL-
IZE  THE  RATE OF SUCH TAXES IN THAT AREA WITH THE RATE OF SUCH TAXES IN
THE CITY OF MOUNT VERNON. EXCEPT AS HEREINAFTER PROVIDED, ALL PROVISIONS
OF THIS ARTICLE, INCLUDING THE DEFINITION AND EXEMPTION  PROVISIONS  AND
THE  PROVISIONS  RELATING TO THE ADMINISTRATION, COLLECTION AND DISTRIB-
UTION BY THE COMMISSIONER, SHALL APPLY FOR PURPOSES OF THE TAXES AUTHOR-
IZED BY THIS SECTION IN THE SAME MANNER AND  WITH  THE  SAME  FORCE  AND
EFFECT  AS IF THE LANGUAGE OF THIS ARTICLE HAD BEEN INCORPORATED IN FULL
IN THIS SECTION AND HAD EXPRESSLY REFERRED TO THE  TAXES  AUTHORIZED  BY
THIS  SECTION; PROVIDED, HOWEVER, THAT ANY PROVISION RELATING TO A MAXI-
MUM RATE SHALL BE CALCULATED WITHOUT REFERENCE TO THE RATE OF ADDITIONAL
SALES AND COMPENSATING USE TAXES HEREIN AUTHORIZED. FOR PURPOSES OF PART
IV OF THIS ARTICLE, RELATING TO THE DISPOSITION  OF  REVENUES  RESULTING
FROM  TAXES  COLLECTED  AND  ADMINISTERED BY THE COMMISSIONER, THE ADDI-
TIONAL SALES AND COMPENSATING  USE  TAXES  AUTHORIZED  BY  THIS  SECTION
IMPOSED  UNDER  THE  AUTHORITY  OF  SECTION  TWELVE  HUNDRED TEN OF THIS
SUBPART AND ALL PROVISIONS RELATING TO THE DEPOSIT,  ADMINISTRATION  AND
DISPOSITION  OF  TAXES, PENALTIES AND INTEREST RELATING TO TAXES IMPOSED
BY A COUNTY UNDER THE AUTHORITY OF SECTION TWELVE HUNDRED  TEN  OF  THIS
SUBPART  SHALL,  EXCEPT  AS OTHERWISE PROVIDED IN THIS SECTION, APPLY TO
THE ADDITIONAL SALES AND  COMPENSATING  USE  TAXES  AUTHORIZED  BY  THIS
SECTION,  PROVIDED,  HOWEVER,  THAT  ALL  TAXES,  PENALTIES AND INTEREST
IMPOSED BY THE VILLAGE OF PELHAM  MANOR  UNDER  THE  AUTHORITY  OF  THIS
SECTION  WHICH  ARE  COLLECTED BY THE COMMISSIONER SHALL BE DEPOSITED AS
PROVIDED IN SECTION TWELVE HUNDRED SIXTY-ONE OF THIS ARTICLE,  SHALL  BE
HELD  IN  TRUST  BY  THE  COMPTROLLER  FOR THE BENEFIT OF THE VILLAGE OF

S. 1941                             3

PELHAM MANOR AS PROVIDED THEREIN AND, AFTER RESERVING SUCH  REFUND  FUND
AND  SUCH COSTS AS ARE PROVIDED FOR THEREIN, SHALL BE PAID TO THE APPRO-
PRIATE FISCAL OFFICER OF THE VILLAGE OF PELHAM MANOR IN THE SAME  MANNER
AS  IS  PROVIDED THEREIN FOR PAYMENT TO THE FISCAL OFFICERS OF THE OTHER
TAXING JURISDICTIONS PROVIDED FOR THEREIN.
  S 3. This act shall take effect immediately.