Senate Bill S7963

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7963
 
                             I N  S E N A T E
 
                               March 4, 2020
                                ___________
 
 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 certain notifications regarding agreements requir-
   ing 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. A NOTIFICATION OF THE EXPIRA-
 TION  OF SUCH AGREEMENT SHALL BE DELIVERED TO THE AFFECTED TAX JURISDIC-
 TION WITHIN TWO YEARS OF THE EXPIRATION OF SUCH AGREEMENT AND IMMEDIATE-
 LY UPON EARLY TERMINATION OF AN AGREEMENT;
   § 2. Subdivision 14 of section 1953 of the public authorities law,  as
 added by chapter 356 of the laws of 1993, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15524-03-0

 S. 7963                             2
 
   14. 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  authority
 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 authority's activities render a project
 non-taxable by affected tax jurisdictions.  A NOTIFICATION OF THE  EXPI-
 RATION  OF  SUCH AGREEMENT SHALL BE DELIVERED TO THE AFFECTED TAX JURIS-
 DICTION WITHIN TWO YEARS OF THE EXPIRATION OF SUCH AGREEMENT  AND  IMME-
 DIATELY UPON EARLY TERMINATION OF AN AGREEMENT;
   §  3. Subdivision 14 of section 2306 of the public authorities law, as
 added by chapter 356 of the laws of 1993, is amended to read as follows:
   14. 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 the 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 tax affected jurisdiction within fifteen  days  of  signing  the
 agreement.  In  the  absence  of any such written agreement, payments in
 lieu of taxes shall be allocated in the same  proportions  as  they  had
 been  prior  to January first, nineteen hundred ninety-three for so long
 as the authority's activities render a project non-taxable  by  affected
 tax  jurisdictions.  A  NOTIFICATION OF THE EXPIRATION OF SUCH AGREEMENT
 SHALL BE DELIVERED TO THE AFFECTED TAX JURISDICTION WITHIN TWO YEARS  OF
 THE  EXPIRATION OF SUCH AGREEMENT AND IMMEDIATELY UPON EARLY TERMINATION
 OF AN AGREEMENT;
   § 4. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.