S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1976
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Local Governments
 
 AN  ACT  to amend the general municipal law, in relation to removing the
   requirement that  where a municipal corporation,  school  district  or
   district corporation issues indebtedness to finance the cost of prepa-
   ration of plans and specifications for a proposed capital improvement,
   there must be a waiting period of at least one year before authorizing
   the undertaking of the capital improvement
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 2, 3 and 4 of  section  99-d  of  the  general
 municipal  law,  subdivision  2 as amended by chapter 889 of the laws of
 1981, subdivisions 3 and 4 as added by chapter 735 of the laws of  1960,
 are amended to read as follows:
   2.  [Where  the cost of such advance planning of a capital improvement
 is financed by the issuance of bonds or  capital  notes  and  where  the
 period  of  probable  usefulness  specified  by subdivision sixty-two of
 paragraph a of section 11.00 of the local finance law is applicable, the
 municipal corporation, school district or district corporation shall not
 have power to authorize the undertaking of the capital improvement until
 at least one year after  the  original  issuance  of  such  obligations;
 provided,  however,  that  when  bond anticipation notes shall have been
 issued prior to such bonds, such one year period shall be computed  from
 the date of such bond anticipation notes.
   3.] The total amount of bonds or capital notes which may be authorized
 in  any  fiscal  year  of  the municipal corporation, school district or
 district corporation to finance such advance planning pursuant  to  this
 section shall not exceed the maximum amount of budget notes which it may
 issue  in  such year pursuant to subdivision two or subdivision three of
 paragraph a of section 29.00 of the local finance law, as the  case  may
 be,  provided,  however,  that  for  the  purposes  of this subdivision,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05685-01-3
              

 A. 1976                             2
 
 amounts which are to be paid in  the  first  instance  from  improvement
 district  assessments  shall be included in computing "the amount of the
 annual budget" of a town or a county in accordance with section 29.00 of
 such law.
   [4.]  3.  If  the advance planning is undertaken for the purpose of an
 existing or proposed county or town improvement district, or any  exten-
 sion  thereof,  the  existing  district,  or  the proposed district when
 created, or the extension thereof, shall reimburse the  county  or  town
 for  the  cost  of  such advance planning, including any interest on any
 obligations issued to finance such cost. The amount so reimbursed  shall
 be applied first to the payment of any outstanding obligations issued to
 finance such expenditure.
   § 2. This act shall take effect immediately.