S T A T E O F N E W Y O R K
________________________________________________________________________
5609
2019-2020 Regular Sessions
I N S E N A T E
May 8, 2019
___________
Introduced by Sen. MARTINEZ -- 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 public authorities
law, in relation to including the incorporation of resource conserva-
tion, energy efficiency, green technologies, and alternative and
renewable energy measures in a project into a uniform tax exemption
policy
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 4 of section 874 of the gener-
al municipal law, as amended by chapter 357 of the laws of 1993, is
amended to read as follows:
(a) The agency shall establish a uniform tax exemption policy, with
input from affected tax jurisdictions, which shall be applicable to the
provision of financial assistance pursuant to section eight hundred
fifty-nine-a of this chapter and shall provide guidelines for the claim-
ing of real property, mortgage recording, and sales tax exemptions.
Such guidelines shall include, but not be limited to: period of
exemption; percentage of exemption; types of projects for which
exemptions can be claimed; procedures for payments in lieu of taxes and
instances in which real property appraisals are to be performed as a
part of an application for tax exemption; in addition, agencies shall in
adopting such policy consider such issues as: the extent to which a
project will create or retain permanent, private sector jobs; the esti-
mated value of any tax exemptions to be provided; whether affected tax
jurisdictions shall be reimbursed by the project occupant if a project
does not fulfill the purposes for which an exemption was provided; the
impact of a proposed project on existing and proposed businesses and
economic development projects in the vicinity; the amount of private
sector investment generated or likely to be generated by the proposed
project; the demonstrated public support for the proposed project; the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04961-01-9
S. 5609 2
likelihood of accomplishing the proposed project in a timely fashion;
the effect of the proposed project upon the environment; THE EXTENT TO
WHICH THE PROJECT WILL UTILIZE, TO THE FULLEST EXTENT PRACTICABLE AND
ECONOMICALLY FEASIBLE, RESOURCE CONSERVATION, ENERGY EFFICIENCY, GREEN
TECHNOLOGIES, AND ALTERNATIVE AND RENEWABLE ENERGY MEASURES; the extent
to which the proposed project will require the provision of additional
services, including, but not limited to additional educational, trans-
portation, police, emergency medical or fire services; and the extent to
which the proposed project will provide additional sources of revenue
for municipalities and school districts.
§ 2. Subdivision 1 of section 1963-a of the public authorities law, as
amended by chapter 357 of the laws of 1993, is amended to read as
follows:
1. The authority shall establish a uniform tax exemption policy, with
input from affected local taxing jurisdictions, which shall be applica-
ble to provisions of financial assistance pursuant to section nineteen
hundred fifty-three-a of this [chapter] TITLE and shall provide guide-
lines for the claiming of real property, mortgage recording, and sales
tax exemptions. Such guidelines shall include, but not be limited to:
period of exemption; percentage of exemption; types of projects for
which exemptions can be claimed; procedures for payments in lieu of
taxes and instances in which real property appraisals are to be
performed as a part of an application for tax exemption; in addition,
the authority in adopting such policy shall consider such issues as: the
extent to which a project will create or retain permanent, private
sector jobs; the estimated value of any tax exemption to be provided;
whether affected tax jurisdictions should be reimbursed by the project
occupant if a project does not fulfill the purposes for which an
exemption was provided; the impact of a proposed project on existing and
proposed businesses and economic development projects in the vicinity;
the amount of private sector investment generated or likely to be gener-
ated by the proposed project; the demonstrated public support for the
proposed project; the likelihood of accomplishing the proposed project
in a timely fashion; the effect of the proposed project upon the envi-
ronment; THE EXTENT TO WHICH THE PROJECT WILL UTILIZE, TO THE FULLEST
EXTENT PRACTICABLE AND ECONOMICALLY FEASIBLE, RESOURCE CONSERVATION,
ENERGY EFFICIENCY, GREEN TECHNOLOGIES, AND ALTERNATIVE AND RENEWABLE
ENERGY MEASURES; the extent to which the proposed project will require
the provision of additional services, including, but not limited to
additional educational, transportation, police, emergency medical or
fire services; and the extent to which the proposed project will provide
additional sources or revenue for municipalities and school districts.
§ 3. Subdivision 1 of section 2315 of the public authorities law, as
amended by chapter 357 of the laws of 1993, is amended to read as
follows:
1. The authority shall establish a uniform tax exemption policy, with
input from affected local taxing jurisdictions, which shall be applica-
ble to provisions of financial assistance pursuant to section twenty-
three hundred seven of this [chapter] TITLE and shall provide guidelines
for the claiming of real property, mortgage recording, and sales tax
exemptions. Such guidelines shall include, but not be limited to: period
of exemption; percentage of exemption; types of projects for which
exemptions may be claimed; procedures for payments in lieu of taxes and
instances in which real property appraisals are to be performed as a
part of an application for tax exemption; in addition, the authority in
adopting such policy shall consider such issues as: the extent to which
S. 5609 3
a project will create or retain permanent, private sector jobs; the
estimated value of any tax exemption to be provided; whether affected
tax jurisdictions should be reimbursed by the project occupant if a
project does not fulfill the purposes for which an exemption was
provided; the impact of a proposed project on existing and proposed
businesses and economic development projects in the vicinity; the amount
of private sector investment generated or likely to be generated by the
proposed project; the demonstrated public support for the proposed
project; the likelihood of accomplishing the proposed project in a time-
ly fashion; the effect of the proposed project upon the environment; THE
EXTENT TO WHICH THE PROJECT WILL UTILIZE, TO THE FULLEST EXTENT PRACTI-
CABLE AND ECONOMICALLY FEASIBLE, RESOURCE CONSERVATION, ENERGY EFFICIEN-
CY, GREEN TECHNOLOGIES, AND ALTERNATIVE AND RENEWABLE ENERGY MEASURES;
the extent to which the proposed project will require the provision of
additional services, including, but not limited to additional educa-
tional, transportation, police, emergency medical or fire services; and
the [extend] EXTENT to which the proposed project will provide addi-
tional sources of revenue for municipalities and school districts.
§ 4. This act shall take effect immediately.