S T A T E O F N E W Y O R K
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8621
2017-2018 Regular Sessions
I N A S S E M B L Y
September 1, 2017
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Introduced by M. of A. D'URSO -- 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.
§ 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.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05988-01-7