NY State Assembly Bill 2023-A22B

Assembly Bill A22B

2023-2024 Legislative Session

Requires the return of certain financial assistance provided for a project where the project has material shortfalls or material violations and preventing the use of incentives for projects already in development

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Current Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 29, 2024	print number 22b
Jan 29, 2024	amend and recommit to ways and means
Jan 03, 2024	referred to ways and means
May 25, 2023	print number 22a
May 25, 2023	amend and recommit to ways and means
May 16, 2023	reported referred to ways and means
Jan 04, 2023	referred to local governments

Bill Amendments

Original

B (Active)

co-Sponsors

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2023-A22 - Details

Current Committee:: Assembly Ways And Means
Law Section:: General Municipal Law
Laws Affected:: Amd §§874, 854 & 862, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A11003
2021-2022: A473

2023-A22 - Summary

Requires the return of all or a part of the financial assistance provided for a project where the project has material shortfalls or material violations; prevents the use of funds, financial incentives, subsidies or tax exemptions for projects already in development.

2023-A22 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    22
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI,  JACOBSON, STECK, OTIS, JACKSON,
   SIMON, SILLITTI, McMAHON, HUNTER -- read  once  and  referred  to  the
   Committee on Local Governments
 
 AN  ACT to amend the general municipal law, in relation to requiring the
   return of all or a part of the financial  assistance  provided  for  a
   project   where  the  project  has  material  shortfalls  or  material
   violations and preventing the  use  of  funds,  financial  incentives,
   subsidies or tax exemptions for projects already in development
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 11 of section 874 of the general municipal law,
 as added by chapter 563 of the laws of 2015, is amended and a new subdi-
 vision 13 is added to read as follows:
   (11) Each agency shall develop policies for the return  of  all  or  a
 part of the financial assistance provided for the project, including all
 or part of the amount of any tax exemptions, as specified in the policy,
 which may include but shall not be limited to material shortfalls in job
 creation  and  retention projections or material violations of the terms
 and conditions of project agreements. THE AGENCY  SHALL  IMPLEMENT  SUCH
 POLICIES  CREATED  IN  ACCORDANCE WITH THIS SUBDIVISION TO RETURN ALL OR
 PART OF THE FINANCIAL ASSISTANCE PROVIDED  FOR  ANY  PROJECT  WHERE  THE
 AGENCY'S ANNUAL ASSESSMENT OF A PROJECT SHOWS MATERIAL SHORTFALLS IN JOB
 CREATION  AND  RETENTION PROJECTIONS OR MATERIAL VIOLATIONS OF THE TERMS
 AND CONDITIONS OF PROJECT AGREEMENTS.  IF SUCH MATERIAL  SHORTFALLS  ARE
 THE  DIRECT  RESULT  OF  FACTORS BEYOND THE AGENCY'S CONTROL, THE AGENCY
 MUST NOTIFY THE AUTHORITY'S BUDGET OFFICE IN WRITING OF THE WAIVER  WITH
 A COMPREHENSIVE EXPLANATION. All such returned amounts of tax exemptions
 shall  be  redistributed  to  the appropriate affected tax jurisdiction,
 unless agreed to otherwise by any local taxing jurisdiction.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00227-01-3

 A. 22                               2
 
   (13) EXCEPT WHERE ENVIRONMENTAL CONTAMINATION REQUIRING A  SIGNIFICANT
 INCREASE  IN  PROJECT  COSTS IS DISCOVERED DURING THE DEVELOPMENT OF THE
 PROJECT OR WHERE A MUNICIPALITY  HAS  REASSESSED  ALL  OR  PART  OF  THE
 PROJECT  SITE  RESULTING  IN  AN INCREASE IN PROPERTY TAXES OF MORE THAN
 FIFTY  PERCENT, NO TAX EXEMPTIONS SHALL BE GRANTED TO ANY PROJECT IF THE
 PROJECT IS ALREADY IN DEVELOPMENT AT THE TIME SUCH PROJECT  APPLIES  FOR
 THE ISSUANCE OF THE TAX EXEMPTION.
   §  2.  Section 854 of the general municipal law is amended by adding a
 new subdivision 22 to read as follows:
   (22) "IN  DEVELOPMENT"  -  SHALL  MEAN  A  PROJECT  FOR  WHICH  ACTIVE
 CONSTRUCTION,  INCLUDING BUT NOT LIMITED TO ERECTION OF BUILDING FOUNDA-
 TIONS OR STRUCTURE, HAS ALREADY COMMENCED.
   § 3. Section 862 of the general municipal law is amended by  adding  a
 new subdivision 3 to read as follows:
   (3)  EXCEPT  WHERE ENVIRONMENTAL CONTAMINATION REQUIRING A SIGNIFICANT
 INCREASE IN PROJECT COSTS IS DISCOVERED DURING THE  DEVELOPMENT  OF  THE
 PROJECT  OR  WHERE  A  MUNICIPALITY  HAS  REASSESSED  ALL OR PART OF THE
 PROJECT SITE RESULTING IN AN INCREASE IN PROPERTY  TAXES  OF  MORE  THAN
 FIFTY PERCENT, NO FUNDS, FINANCIAL INCENTIVES OR SUBSIDIES OF THE AGENCY
 SHALL  BE USED IN RESPECT OF ANY PROJECT WHICH IS ALREADY IN DEVELOPMENT
 AT THE TIME SUCH PROJECT APPLIES FOR SUCH FUNDS,  FINANCIAL  ASSISTANCE,
 INCENTIVES OR SUBSIDIES.
   §  4.  Paragraphs (h) and (i) of subdivision 4 of section 859-a of the
 general municipal law, as added by chapter 563 of the laws of 2015,  are
 amended and a new paragraph (j) is added to read as follows:
   (h)  a statement that the owner, occupant or operator receiving finan-
 cial assistance is in  substantial  compliance  with  applicable  local,
 state  and  federal tax, worker protection and environmental laws, rules
 and regulations; [and]
   (i) a statement acknowledging that the  submission  of  any  knowingly
 false  or  knowingly  misleading  information  may lead to the immediate
 termination of any financial assistance  and  the  reimbursement  of  an
 amount  equal  to all or part of any tax exemptions claimed by reason of
 agency involvement in the project[.]; AND
   (J) A STATEMENT REQUIRING THAT IF A PROJECT APPLICANT HAS RECEIVED  AN
 OFFER  OF  FINANCIAL ASSISTANCE FROM AN ECONOMIC DEVELOPMENT CORPORATION
 OR CORPORATIONS LOCATED OUTSIDE OF THE STATE THAT SUCH PROJECT APPLICANT
 DISCLOSE AND PROVIDE SUCH OFFER.
   § 5. This act shall take effect immediately.

co-Sponsors

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2023-A22A - Details

Current Committee:: Assembly Ways And Means
Law Section:: General Municipal Law
Laws Affected:: Amd §§874, 854 & 862, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A11003
2021-2022: A473

2023-A22A - Summary

2023-A22A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   22--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI,  JACOBSON, STECK, OTIS, JACKSON,
   SIMON, SILLITTI, McMAHON, HUNTER -- read  once  and  referred  to  the
   Committee on Local Governments -- reported and referred to the Commit-
   tee  on  Ways and Means -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the general municipal law, in relation to requiring  the
   return  of  all  or  a part of the financial assistance provided for a
   project  where  the  project  has  material  shortfalls  or   material
   violations  and  preventing  the  use  of funds, financial incentives,
   subsidies or tax exemptions for projects already in development
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 11 of section 874 of the general municipal law,
 as added by chapter 563 of the laws of 2015, is amended and a new subdi-
 vision 13 is added to read as follows:
   (11)  Each  agency  shall  develop policies for the return of all or a
 part of the financial assistance provided for the project, including all
 or part of the amount of any tax exemptions, as specified in the policy,
 which may include but shall not be limited to material shortfalls in job
 creation and retention projections or material violations of  the  terms
 and  conditions  of  project agreements. THE AGENCY SHALL IMPLEMENT SUCH
 POLICIES CREATED IN ACCORDANCE WITH THIS SUBDIVISION TO  RETURN  ALL  OR
 PART  OF  THE  FINANCIAL  ASSISTANCE  PROVIDED FOR ANY PROJECT WHERE THE
 AGENCY'S ANNUAL ASSESSMENT OF A PROJECT SHOWS MATERIAL SHORTFALLS IN JOB
 CREATION AND RETENTION PROJECTIONS OR MATERIAL VIOLATIONS OF  THE  TERMS
 AND  CONDITIONS  OF PROJECT AGREEMENTS.  IF SUCH MATERIAL SHORTFALLS ARE
 THE DIRECT RESULT OF FACTORS BEYOND THE APPLICANT'S CONTROL, THE  AGENCY
 MUST  NOTIFY THE AUTHORITY'S BUDGET OFFICE IN WRITING OF THE WAIVER WITH
 A COMPREHENSIVE EXPLANATION. All such returned amounts of tax exemptions
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00227-02-3

 A. 22--A                            2
 
 shall be redistributed to the  appropriate  affected  tax  jurisdiction,
 unless agreed to otherwise by any local taxing jurisdiction.
   (13)  EXCEPT WHERE ENVIRONMENTAL CONTAMINATION REQUIRING A SIGNIFICANT
 INCREASE IN PROJECT COSTS IS DISCOVERED DURING THE  DEVELOPMENT  OF  THE
 PROJECT  OR  WHERE  A  MUNICIPALITY  HAS  REASSESSED  ALL OR PART OF THE
 PROJECT SITE RESULTING IN AN INCREASE IN PROPERTY  TAXES  OF  MORE  THAN
 FIFTY  PERCENT, NO TAX EXEMPTIONS SHALL BE GRANTED TO ANY PROJECT IF THE
 PROJECT IS ALREADY IN DEVELOPMENT AT THE TIME SUCH PROJECT  APPLIES  FOR
 THE ISSUANCE OF THE TAX EXEMPTION.
   §  2.  Section 854 of the general municipal law is amended by adding a
 new subdivision 22 to read as follows:
   (22) "IN  DEVELOPMENT"  -  SHALL  MEAN  A  PROJECT  FOR  WHICH  ACTIVE
 CONSTRUCTION,  INCLUDING BUT NOT LIMITED TO ERECTION OF BUILDING FOUNDA-
 TIONS OR STRUCTURE, HAS ALREADY COMMENCED.
   § 3. Section 862 of the general municipal law is amended by  adding  a
 new subdivision 3 to read as follows:
   (3)  EXCEPT  WHERE ENVIRONMENTAL CONTAMINATION REQUIRING A SIGNIFICANT
 INCREASE IN PROJECT COSTS IS DISCOVERED DURING THE  DEVELOPMENT  OF  THE
 PROJECT  OR  WHERE  A  MUNICIPALITY  HAS  REASSESSED  ALL OR PART OF THE
 PROJECT SITE RESULTING IN AN INCREASE IN PROPERTY  TAXES  OF  MORE  THAN
 FIFTY PERCENT, NO FUNDS, FINANCIAL INCENTIVES OR SUBSIDIES OF THE AGENCY
 SHALL  BE USED IN RESPECT OF ANY PROJECT WHICH IS ALREADY IN DEVELOPMENT
 AT THE TIME SUCH PROJECT APPLIES FOR SUCH FUNDS,  FINANCIAL  ASSISTANCE,
 INCENTIVES OR SUBSIDIES.
   § 4. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2023-A22B (ACTIVE) - Details

Current Committee:: Assembly Ways And Means
Law Section:: General Municipal Law
Laws Affected:: Amd §§874, 854 & 862, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A11003
2021-2022: A473

2023-A22B (ACTIVE) - Summary

2023-A22B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   22--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI,  JACOBSON, STECK, OTIS, JACKSON,
   SIMON, SILLITTI, McMAHON, HUNTER -- read  once  and  referred  to  the
   Committee on Local Governments -- reported and referred to the Commit-
   tee  on  Ways and Means -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee --  recommitted
   to the Committee on Ways and Means in accordance with Assembly Rule 3,
   sec.  2  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the general municipal law, in relation to requiring  the
   return  of  all  or  a part of the financial assistance provided for a
   project  where  the  project  has  material  shortfalls  or   material
   violations  and  preventing  the  use  of funds, financial incentives,
   subsidies or tax exemptions for projects already in development
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 11 of section 874 of the general municipal law,
 as added by chapter 563 of the laws of 2015, is amended and a new subdi-
 vision 13 is added to read as follows:
   (11)  Each  agency  shall  develop policies for the return of all or a
 part of the financial assistance provided for the project, including all
 or part of the amount of any tax exemptions, as specified in the policy,
 which may include but shall not be limited to material shortfalls in job
 creation and retention projections or material violations of  the  terms
 and  conditions  of  project agreements. THE AGENCY SHALL IMPLEMENT SUCH
 POLICIES CREATED IN ACCORDANCE WITH THIS SUBDIVISION TO  RETURN  ALL  OR
 PART  OF  THE  FINANCIAL  ASSISTANCE  PROVIDED FOR ANY PROJECT WHERE THE
 AGENCY'S ANNUAL ASSESSMENT OF A PROJECT SHOWS MATERIAL SHORTFALLS IN JOB
 CREATION AND RETENTION PROJECTIONS OR MATERIAL VIOLATIONS OF  THE  TERMS
 AND  CONDITIONS OF PROJECT AGREEMENTS AS DEFINED BY THE AGENCY'S POLICY.
 IF THE AGENCY DEVIATES FROM ITS POLICY ON ANY PROJECT, THE  AGENCY  MUST
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00227-04-4
 A. 22--B                            2
 
 DRAFT  A  RESOLUTION,  NOTE  THE  DEVIATION IN THE PROJECT'S PAGE IN THE
 PUBLIC AUTHORITIES REPORTING  INFORMATION  SYSTEM  (PARIS)  REPORT,  AND
 RETAIN  RECORD OF SUCH DETERMINATION INCLUDING A DETAILED EXPLANATION IN
 AGENCY FILES. THE AGENCY SHALL ALSO POST SUCH RESOLUTION AND EXPLANATION
 ON  THEIR  WEBSITE. All such returned amounts of tax exemptions shall be
 redistributed to  the  appropriate  affected  tax  jurisdiction,  unless
 agreed to otherwise by any local taxing jurisdiction.
   (13)  EXCEPT  WHERE A SIGNIFICANT INCREASE IN PROJECT COSTS IS DISCOV-
 ERED DURING THE DEVELOPMENT OF THE PROJECT OR WHERE A  MUNICIPALITY  HAS
 REASSESSED  ALL  OR  PART OF THE PROJECT SITE RESULTING IN A SIGNIFICANT
 INCREASE IN PROPERTY TAXES, NO TAX EXEMPTIONS SHALL BE  GRANTED  TO  ANY
 PROJECT  IF  THE  PROJECT  IS  ALREADY  IN  DEVELOPMENT AT THE TIME SUCH
 PROJECT APPLIES FOR THE ISSUANCE OF THE TAX EXEMPTION.
   § 2. Section 854 of the general municipal law is amended by  adding  a
 new subdivision 22 to read as follows:
   (22)  "IN  DEVELOPMENT"  -  SHALL  MEAN  A  PROJECT  FOR  WHICH ACTIVE
 CONSTRUCTION, AND ERECTION OF  BUILDING  FOUNDATIONS  OR  STRUCTURE  HAS
 ALREADY COMMENCED AND ALL REQUIRED PERMITS HAVE BEEN ISSUED.
   §  3.  Section 862 of the general municipal law is amended by adding a
 new subdivision 3 to read as follows:
   (3) EXCEPT WHERE A SIGNIFICANT INCREASE IN PROJECT COSTS IS DISCOVERED
 DURING THE DEVELOPMENT OF THE PROJECT OR WHERE A MUNICIPALITY HAS  REAS-
 SESSED  ALL  OR  PART  OF  THE  PROJECT  SITE RESULTING IN A SIGNIFICANT
 INCREASE IN PROPERTY TAXES, NO FUNDS, FINANCIAL INCENTIVES OR  SUBSIDIES
 OF  THE  AGENCY SHALL BE USED IN RESPECT OF ANY PROJECT WHICH IS ALREADY
 IN DEVELOPMENT AT THE TIME SUCH PROJECT APPLIES FOR SUCH  FUNDS,  FINAN-
 CIAL ASSISTANCE, INCENTIVES OR SUBSIDIES.
   § 4. This act shall take effect immediately.

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Assembly Bill A22B

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Sponsored By

MAGNARELLI

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Jonathan Jacobson

Phil Steck

Steven Otis

Chantel Jackson

2023-A22 - Details

2023-A22 - Summary

2023-A22 - Bill Text download pdf

co-Sponsors

Jonathan Jacobson

Phil Steck

Steven Otis

Chantel Jackson

2023-A22A - Details

2023-A22A - Summary

2023-A22A - Bill Text download pdf

co-Sponsors

Jonathan Jacobson

Phil Steck

Steven Otis

Chantel Jackson

2023-A22B (ACTIVE) - Details

2023-A22B (ACTIVE) - Summary

2023-A22B (ACTIVE) - Bill Text download pdf

Comments