S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8573
 
                           I N  A S S E M B L Y
 
                             January 11, 2024
                                ___________
 
 Introduced  by  M. of A. THIELE, PAULIN -- read once and referred to the
   Committee on Local Governments
 
 AN ACT to amend the village law and the executive law,  in  relation  to
   establishing  the  village  incorporation  commission;  and to amend a
   chapter of the laws of 2023  amending  the  village  law  relating  to
   establishing  the  village  incorporation  commission  as  proposed in
   legislative bills numbers S. 7537 and A.  7761,  in  relation  to  the
   effectiveness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2-202 of the village law is amended by adding a new
 subdivision 2 to read as follows:
   2. STUDY ATTACHED TO THE PETITION. THE STUDY TO BE SUBMITTED SHALL  BE
 A  STUDY PREPARED BY A THIRD-PARTY JOINTLY SELECTED BY THE PETITIONER OR
 PETITIONERS AND THE SUPERVISORS OF THE TOWN  OR  TOWNS  WHICH  SHALL  BE
 CONFIRMED  IN WRITING BY THE PETITIONER OR PETITIONERS AND CLERKS OF THE
 TOWN OR TOWNS, OR A STUDY PREPARED PURSUANT TO PARAGRAPH F  OF  SUBDIVI-
 SION  TWO  OF  SECTION 2-260 OF THIS ARTICLE; AND PROVIDED FURTHER, THAT
 THE DEPARTMENT OF STATE SHALL POST SUCH STUDY ON ITS WEBSITE WITHIN  TEN
 DAYS  OF  RECEIVING  THE  STUDY FROM THE PETITIONER OR PETITIONERS. SUCH
 STUDY SHALL BE PAID FOR BY THE PETITIONER OR PETITIONERS EXCEPT IN CASES
 WHERE AN APPROPRIATION HAS BEEN PROVIDED TO PAY FOR THE STUDY.
   § 2. Paragraph c of subdivision 1 of section 2-202 of the village  law
 is amended by adding a new subparagraph 3 to read as follows:
   (3)  STUDY  OF PROPOSED VILLAGE AND SURROUNDING TOWN OR TOWNS. A STUDY
 THAT ADDRESSES THE FISCAL, SERVICE, AND TAXATION INTERESTS OF THE  POPU-
 LATION  WHICH  WOULD  CONSTITUTE  THE  RESIDENTS OF SUCH TERRITORY TO BE
 INCORPORATED AS A VILLAGE, AS INDICATED IN CLAUSE (A) OF  THIS  SUBPARA-
 GRAPH,  AND  THAT  PROVIDES FOR AN IMPACT ASSESSMENT THAT SHALL EVALUATE
 THE FISCAL AND OPERATIONAL EFFECTS  OF  INCORPORATION  OF  THE  PROPOSED
 VILLAGE  ON  THE  SURROUNDING TOWN OR TOWNS WHEREIN THE VILLAGE WOULD BE
 INCORPORATED, AS INDICATED IN CLAUSE (B)  OF  THIS  SUBPARAGRAPH.    THE
 STUDY  SHALL INCLUDE A CERTIFICATION THAT IT SETS FORTH ALL THE ELEMENTS
 REQUIRED BY THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11710-14-4
 A. 8573                             2
 
   (A) FISCAL, SERVICE, AND TAXATION ASSESSMENT OF PROPOSED  VILLAGE.  AN
 ASSESSMENT  OF  THE FISCAL, SERVICE, AND TAXATION INTERESTS OF THE POPU-
 LATION WHICH WOULD CONSTITUTE THE RESIDENTS  OF  SUCH  TERRITORY  TO  BE
 INCORPORATED  AS  A  VILLAGE, MUST INCLUDE THE FOLLOWING ELEMENTS OF THE
 PROPOSED VILLAGE:
   (I)  INVENTORY. LIST THE NUMBER OF PARCELS BY PROPERTY CLASSIFICATION.
 FOR EACH SUCH PROPERTY, LIST THE FULL  VALUATION  AND  TAXABLE  ASSESSED
 VALUE AS APPEARING ON THE MOST RECENT APPLICABLE FINAL ASSESSMENT ROLL.
   (II)  TAXES.  PROVIDE  A  FISCAL  ESTIMATE  OF ALL TAXES THAT COULD BE
 COLLECTED FOR THE STRUCTURES AND PLACES LISTED  ON  THE  INVENTORY  THIS
 CLAUSE REQUIRES TO BE DEVELOPED. THE TOWN OR TOWNS' CURRENT PROPERTY TAX
 RATE AND ASSESSMENT SHOULD BE USED IN DEVELOPING THE FISCAL ESTIMATE.
   (III)  REVENUE.  OTHER  THAN  TAXES, LIST ALL OTHER SOURCES OF REVENUE
 EXPECTED TO BE GENERATED FOR THE AREA OF THE PROPOSED VILLAGE.
   (IV) OPERATIONS. PROVIDE AN ESTIMATE OF WHAT IT WOULD COST TO  OPERATE
 THE  PROPOSED  VILLAGE  LISTING EXPENDITURES REQUIRED IN CONNECTION WITH
 THE APPOINTMENT OR HIRING OF PERSONNEL TO PROVIDE THE  SERVICES  IDENTI-
 FIED PURSUANT TO ITEM (V) OF THIS CLAUSE, THE HOLDING OF MEETINGS OF THE
 BOARD OF TRUSTEES, AND DESIGNATING AN OFFICIAL NEWSPAPER.
   (V)  SERVICES.  LIST  THE MUNICIPAL SERVICES CURRENTLY PROVIDED WITHIN
 THE AREA OF THE PROPOSED VILLAGE AND HOW  SUCH  SERVICES  ARE  PROVIDED,
 LIST  ALL  MUNICIPAL SERVICES PROPOSED TO BE PROVIDED UPON INCORPORATION
 OF THE PROPOSED VILLAGE, AND HOW SUCH MUNICIPAL SERVICES ARE EXPECTED TO
 BE PROVIDED. MUNICIPAL SERVICES MAY INCLUDE, BUT  ARE  NOT  LIMITED  TO:
 POLICE;  FIRE;  WATER;  SEWER;  ENFORCEMENT OF ANY PLANNING, ZONING, AND
 LAND USE REGULATIONS; AND, ENFORCEMENT OF THE  NEW  YORK  STATE  UNIFORM
 FIRE  PREVENTION  AND BUILDING CODE AND ENERGY CONSERVATION CONSTRUCTION
 CODE.
   (B) IMPACT ASSESSMENT AND STUDY  OF  SURROUNDING  TOWN  OR  TOWNS.  AN
 IMPACT  ASSESSMENT  THAT PROVIDES AN EVALUATION OF THE FISCAL AND OPERA-
 TIONAL EFFECTS OF INCORPORATION OF THE PROPOSED VILLAGE ON THE SURROUND-
 ING TOWN OR TOWNS  WHEREIN  THE  VILLAGE  WOULD  BE  INCORPORATED,  MUST
 INCLUDE THE FOLLOWING ELEMENTS:
   (I)  REVENUE AND EXPENDITURES. LIST THE ESTIMATED TAXES, OTHER REVENUE
 AND EXPENDITURES FOR THE AREA OF  THE  TOWN  OR  TOWNS  OUTSIDE  OF  THE
 PROPOSED VILLAGE.
   (II) FISCAL IMPACT. A DESCRIPTION OF THE MANNER AND MEANS BY WHICH THE
 RESIDENTS  OF THE AREA OF THE TOWN OR TOWNS OUTSIDE THE PROPOSED VILLAGE
 WILL CONTINUE TO BE FURNISHED MUNICIPAL SERVICES FOLLOWING THE VILLAGE'S
 INCORPORATION, AN ESTIMATION OF ANY CHANGE IN THE PROPERTY TAX RATE  FOR
 THE AREA OF THE TOWN OR TOWNS OUTSIDE OF THE PROPOSED VILLAGE TO CONTIN-
 UE  SUCH SERVICES. PROVIDE SUCH ESTIMATE WITH RESPECT TO THE AREA OF THE
 TOWN OR TOWNS OUTSIDE THE PROPOSED VILLAGE SERVICES ONLY.
   (III) ECONOMIC IMPACT. ASSESS THE POTENTIAL  ECONOMIC  IMPACT  TO  THE
 TOWN OR TOWNS OUTSIDE OF THE PROPOSED VILLAGE UPON INCORPORATION OF SUCH
 VILLAGE.
   (IV) LAND USE IMPACT. ASSESS THE POTENTIAL IMPACT TO THE TOWN OR TOWNS
 OUTSIDE  OF THE PROPOSED VILLAGE FROM THE LOSS OF LAND USE, PLANNING AND
 ZONING CONTROL WITHIN THE AREA PROPOSED TO BE INCORPORATED.
   (C) SUBMISSION. THE STUDY MUST BE  SUBMITTED  TO  THE  COMMISSION  AND
 FILED IN THE MANNER PROVIDED BY THIS SUBDIVISION.
   § 3. Paragraph f of subdivision 1 of section 2-202 of the village law,
 as  amended  by  a  chapter of the laws of 2023 amending the village law
 relating  to  establishing  the  village  incorporation  commission   as
 proposed in legislative bills numbers S. 7537 and A. 7761, is amended to
 read as follows:
 A. 8573                             3

   f.  Filing  and  deposit. (1) Filing. The original petition, THE STUDY
 AND ALL EXHIBITS AND CERTIFICATIONS REQUIRED BY THIS  SECTION  shall  be
 filed with the [village incorporation commission established pursuant to
 section 2-259 of this article] COMMISSION. DUPLICATE ORIGINALS, PHOTOCO-
 PIES  OR OTHER SIMILAR REPRODUCTIONS OF THE ORIGINAL PETITION, THE STUDY
 AND ALL EXHIBITS AND CERTIFICATIONS REQUIRED BY THIS  SECTION  SHALL  BE
 FILED  WITH  THE  TOWN  CLERK  OF EACH TOWN IN WHICH ANY PORTION OF SUCH
 TERRITORY IS LOCATED.
   (2) Deposit. At the time of filing of  the  petition  there  shall  be
 deposited with the DEPARTMENT OF STATE, ON BEHALF OF THE commission, the
 sum  of  six thousand dollars to pay the cost of posting, publishing and
 serving required notices, stenographic services and services of  inspec-
 tors of election in the event incorporation is not effected.
   §  4. Section 2-204 of the village law, as amended by a chapter of the
 laws of 2023 amending the  village  law  relating  to  establishing  the
 village  incorporation  commission  as  proposed  in  legislative  bills
 numbers S. 7537 and A. 7761, is amended to read as follows:
   § 2-204 Notice of hearing. [Within twenty days  after  the  filing  of
 such  petition  or  copies thereof, the village incorporation commission
 established pursuant to section 2-259 of this article shall] 1. NO LATER
 THAN THREE DAYS AFTER THE FILING OF A PETITION, THE STUDY AND ALL EXHIB-
 ITS AND CERTIFICATIONS REQUIRED BY SECTION  2-202  OF  THIS  ARTICLE  OR
 COPIES  THEREOF, THE COMMISSION SHALL DIRECT THE TOWN CLERK OF EACH TOWN
 IN WHICH ANY PORTION OF SUCH TERRITORY IS LOCATED TO cause to be  posted
 in [five] SIX public places OF THE PORTION OF THE TERRITORY OF EACH TOWN
 WHERE  SUCH  PROPOSED  VILLAGE  IS TO BE located [in the territory where
 such village shall be incorporated] and also to be  published  at  least
 twice  in the newspaper or newspapers designated pursuant to subdivision
 eleven of section sixty-four of the town law, a [joint] notice issued by
 the commission: that a petition for the incorporation of the village  of
 (naming  it) has been received; that at a place in such territory and on
 a day, not less than [twenty] ONE HUNDRED nor  more  than  [thirty]  ONE
 HUNDRED  TWENTY days after the date of the posting and first publication
 of such notice, which date and place shall be specified therein, a hear-
 ing will be had upon such petition; that such petition,  THE  STUDY  AND
 ALL  EXHIBITS AND CERTIFICATIONS REQUIRED BY SECTION 2-202 OF THIS ARTI-
 CLE, will be available for public inspection in the office of each  town
 clerk  AND  ON  THE WEBSITE OF THE DEPARTMENT OF STATE until the date of
 such hearing; that the purpose of the hearing is to consider [the  legal
 sufficiency  of the petition] WHETHER THE VILLAGE INCORPORATION PETITION
 MEETS ALL REQUIREMENTS OF THIS ARTICLE; that objections to  the  [legal]
 sufficiency of the petition must be in writing and signed by one or more
 of  the residents of such town; and that any group of persons having one
 or more objections in common may make designation in writing and  signed
 by  them  of at least one but no more than three persons giving the full
 names and addresses on whom and at which addresses all  papers  required
 to  be  served in connection with the proceeding for incorporation shall
 be served. WITHIN FIVE DAYS OF RECEIVING DIRECTION FROM  THE  COMMISSION
 PURSUANT  TO THIS SUBDIVISION, THE TOWN CLERK OR CLERKS SHALL PROVIDE TO
 THE COMMISSION A LIST OF THE SIX LOCATIONS WHERE SUCH NOTICES ARE TO  BE
 POSTED.  SHOULD THE COMMISSION OBJECT TO ANY SUCH LOCATIONS SUBMITTED BY
 THE TOWN CLERK OR CLERKS, THE COMMISSION SHALL, NO LATER THAN SEVEN DAYS
 AFTER RECEIPT OF SUCH LIST OF LOCATIONS, DIRECT THE TOWN CLERK OR CLERKS
 TO POST SUCH NOTICES IN ALTERNATIVE LOCATIONS DESIGNATED BY THE  COMMIS-
 SION.  THE  POSTINGS  OF SUCH NOTICES SHALL BE MADE BY THE TOWN CLERK OR
 CLERKS NO LATER THAN TWENTY DAYS AFTER THE FILING OF SUCH PETITION,  THE
 A. 8573                             4
 
 STUDY  AND  ALL EXHIBITS AND CERTIFICATIONS REQUIRED BY SECTION 2-202 OF
 THIS ARTICLE OR COPIES THEREOF. A majority of such designees must reside
 in such town or towns. In the absence of any other suitable place,  such
 hearing  shall  be  held  in  a school building, if any, located in such
 territory. If such territory is located in more than one town [the hear-
 ing shall be noticed and publicized as  a  joint  hearing  of  all  such
 towns]  THAT  FACT  SHALL  BE INCLUDED IN THE NOTICE OF HEARING. For the
 purposes of this section,  in  the  event  that  the  town  maintains  a
 website, one of the posting requirements required by this section may be
 fulfilled by posting such information on the town's website.
   2.  THE  DEPARTMENT OF STATE SHALL POST THE STUDY ON THE DEPARTMENT OF
 STATE'S WEBSITE BEGINNING AT SUCH TIME AS REQUIRED BY SECTION  2-202  OF
 THIS  ARTICLE AT LEAST UNTIL THE PROCEDURES PURSUANT TO SECTION 2-234 OR
 2-236 OF THIS ARTICLE ARE SATISFIED, WHICHEVER OCCURS SOONER.
   § 5. Section 2-206 of the village law, as amended by a chapter of  the
 laws  of  2023  amending  the  village  law relating to establishing the
 village  incorporation  commission  as  proposed  in  legislative  bills
 numbers S. 7537 and A. 7761, is amended to read as follows:
   § 2-206 Proceeding on hearing. 1.  The [village incorporation] commis-
 sion  [established pursuant to section 2-259 of this article] shall meet
 at the time and place specified in such notice and shall hear objections
 which may be presented as to the incorporation based  upon  any  of  the
 following grounds:
   a. That a person signing such petition was not qualified therefor;
   b.  If  it is alleged that the petition is submitted on the basis that
 the persons signing such petition constitute  twenty  per  cent  of  the
 residents  in such territory qualified to vote for officers of a town in
 which all or part of such territory is located, that such allegation  is
 false;
   c. That such territory is part of a city or village;
   d.  That  if  such  territory is less than an entire town, it contains
 more than five square miles and the limits of  such  territory  are  not
 coterminous  with  the  entire  boundaries  of  one  school,  fire, fire
 protection, fire alarm, town special or town  improvement  district  and
 the limits of such territory are not coterminous with parts of the boun-
 daries  of more than one school, fire, fire protection, fire alarm, town
 special or town improvement district, all of which are wholly  contained
 within such limits and within one town;
   e. That such territory does not contain a population of at least [two]
 ONE thousand FIVE HUNDRED regular inhabitants;
   f.  That  the petition in any other specified respect does not conform
 to the requirements of this article; [or]
   g. That a study [has not been conducted on the  fiscal,  service,  and
 taxation  interests  of  the population which would constitute the resi-
 dents of such village or the population which constitutes the  residents
 of such town in which such village would be established; or
   h.  That  the  establishment  of  such  village  is not in the fiscal,
 service, and taxation interests of the population which would constitute
 the residents of such village or the population  which  constitutes  the
 residents  of  such town in which such village would be established.] AS
 REQUIRED BY SECTION 2-202 OF THIS ARTICLE HAS  NOT  BEEN  SUBMITTED  AND
 MADE  AVAILABLE TO THE PUBLIC FOR PUBLIC REVIEW FOR AT LEAST NINETY DAYS
 BEFORE THE HEARING REQUIRED BY THIS ARTICLE;
   H. THAT THE PROPOSED VILLAGE IS INCAPABLE OF PROVIDING SERVICES;
   I. THAT THE TAX REVENUE COLLECTED BY SUCH PROPOSED VILLAGE  WOULD  NOT
 SUFFICIENTLY  DEFRAY  THE  COST  OF MUNICIPAL SERVICES AT A PROPERTY TAX
 A. 8573                             5
 
 RATE THAT FAVORABLY COMPARES TO THE PROPERTY TAX RATE  OF  THE  TOWN  OR
 TOWNS; OR
   J.  THAT THE INCORPORATION WOULD INCREASE TAX BURDENS ON THOSE LOCATED
 IN THE TOWN OR TOWNS WITHIN WHICH SUCH PROPOSED VILLAGE WOULD BE  ESTAB-
 LISHED.
   2. The commission shall conduct the hearing.
   3.  All  objections must be in writing and signed by one or more resi-
 dents qualified to vote for town offices a town in which all or part  of
 such  territory  of  the  proposed  village  is located. Testimony as to
 objections may be taken at the hearing which shall be reduced to writing
 and subscribed by those testifying. [The burden of proof shall be on the
 objectors.] All written objections and signed  testimony  shall  clearly
 state the name and address of the objector.
   4.  The  hearing  may be adjourned but must be concluded within twenty
 days from the date fixed in the notice of hearing.
   5. THE TOWN CLERK AND ANY OTHER OFFICIAL OR EMPLOYEE OF EACH  TOWN  IN
 WHICH  ANY PORTION OF SUCH TERRITORY IS LOCATED SHALL ASSIST THE COMMIS-
 SION IN VERIFYING THE VALIDITY OF THE PETITION IN  CONNECTION  WITH  ANY
 OBJECTION RAISED PURSUANT TO PARAGRAPH A OR B OF SUBDIVISION ONE OF THIS
 SECTION.
   §  6. Section 2-208 of the village law, as amended by a chapter of the
 laws of 2023 amending the  village  law  relating  to  establishing  the
 village  incorporation  commission  as  proposed  in  legislative  bills
 numbers S. 7537 and A. 7761, is amended to read as follows:
   § 2-208 Decision [as] to  COMMENCE  village  [establishment]  INCORPO-
 RATION ELECTION. 1.  Within ten days after such hearing is concluded the
 [village  incorporation]  commission  [established  pursuant  to section
 2-259 of this article] shall determine  whether  the  petition  complies
 with the requirements of this article and shall make and sign a decision
 as  to whether a village incorporation shall proceed to election [pursu-
 ant to the criteria established in section 2-259 of this article].   THE
 COMMISSION'S DECISION SHALL BE BASED ON AN EVIDENTIARY RECORD CONSISTING
 OF  THE  INCORPORATION  PETITION, THE STUDY AND ALL EXHIBITS AND CERTIF-
 ICATIONS REQUIRED BY SECTION 2-202 OF THIS ARTICLE, AND  ANY  OBJECTIONS
 MADE  PURSUANT  TO  SECTION 2-206 OF THIS ARTICLE. IF THE MEMBERS OF THE
 COMMISSION CANNOT AGREE, THE DECISION SHALL BE DEEMED TO BE  ADVERSE  TO
 THE  PETITION.  If the decision be adverse to the petition, the decision
 shall contain a brief statement of the  reasons  on  which  the  adverse
 decision  is based OR THE REASONS ON WHICH THE MEMBERS OF THE COMMISSION
 DETERMINED NOT TO PROCEED TO A VILLAGE INCORPORATION ELECTION.
   2. The original copy of the decision, copies  of  the  notice  of  the
 hearing  together  with  affidavits  of posting and publishing same, the
 written objections and the minutes of proceedings taken on  the  hearing
 including  signed  testimony  shall  be  filed  by the commission within
 fifteen days after the hearing is concluded, with the town clerk of  the
 same  town  in which the original copy of the petition was filed AND THE
 SECRETARY OF THE STATE.  Duplicate copies of the said  papers  shall  be
 filed  with  the  town  clerks of all [other] towns in which any part of
 such territory is located.
   3. If no proceeding be instituted to review such decision within thir-
 ty days after such filing of the original  copy  thereof,  the  decision
 shall be final and conclusive. In the event that the decision is adverse
 to  the  petition,  a  new proceeding for incorporation may be commenced
 immediately.
   § 7. Subdivisions 1 and 5 and paragraph a of subdivision 4 of  section
 2-210  of  the village law, subdivision 1 as amended by a chapter of the
 A. 8573                             6
 
 laws of 2023 amending the  village  law  relating  to  establishing  the
 village  incorporation  commission  as  proposed  in  legislative  bills
 numbers S. 7537 and A. 7761, are amended to read as follows:
   1. The decision of the [village incorporation] commission [established
 pursuant to section 2-259 of this article] as to THE PETITION AND wheth-
 er a village incorporation shall proceed to election shall be subject to
 judicial  review  in  [the  manner  provided in] ACCORDANCE WITH article
 seventy-eight of the civil practice law and rules. [Such proceeding  may
 be brought on the ground or grounds that said decision is illegal, based
 on  insufficient evidence, or contrary to the weight of evidence. If the
 court determines that additional testimony or evidence is necessary  for
 the proper disposition of the matter it may take such evidence or testi-
 mony  or  appoint a referee to take such evidence or testimony as it may
 direct and report the same to the court with his findings  of  fact  and
 conclusions  of law which shall constitute a part of the proceeding upon
 which the determination of the  court  shall  be  made.  The  court  may
 reverse  or  affirm  on  the  basis of law and fact as determined by the
 court.]
   a. Notice of such a proceeding IN  ACCORDANCE  WITH  ARTICLE  SEVENTY-
 EIGHT  OF  THE CIVIL PRACTICE LAW AND RULES shall be given to the SECRE-
 TARY AND THE town clerk of each town in which any part of such territory
 is located[. He], EACH OF WHOM shall cause same to  be  filed  in  [his]
 THEIR office.
   5.  The successful party to any such proceeding shall file a certified
 copy of the decision and order in the office of the clerk of  each  town
 in which any part of such territory is located AND WITH THE SECRETARY OF
 STATE  WHO SHALL GIVE NOTICE OF THE RECEIPT OF THE DECISION AND ORDER TO
 THE COMMISSION WITHIN THREE DAYS.
   § 8. Section 2-212 of the village law is amended to read as follows:
   § 2-212 Right to election. 1. An election to determine the question of
 incorporation shall be held no later than  [forty]  ONE  HUNDRED  EIGHTY
 days AND NO EARLIER THAN NINETY DAYS after the first occurring of either
 of the following two events:
   a.  The expiration of thirty days from the filing of the original of a
 decision [sustaining the legal  sufficiency  of  the  petition]  BY  THE
 COMMISSION  TO  PROCEED  TO A VILLAGE INCORPORATION ELECTION PURSUANT TO
 SECTION 2-208 OF THIS ARTICLE and no proceeding having  been  instituted
 to review same, or
   b. The filing of a final order [sustaining the petition] AFFIRMING THE
 DECISION  OF  THE  COMMISSION  TO  PROCEED  TO  A  VILLAGE INCORPORATION
 ELECTION PURSUANT TO SECTION 2-208 OF  THIS  ARTICLE  OR  REVERSING  THE
 DECISION  OF  THE  COMMISSION  NOT TO PROCEED TO A VILLAGE INCORPORATION
 ELECTION PURSUANT TO SECTION 2-208 OF THIS ARTICLE after such a proceed-
 ing to review.
   [c.] 2. The procedure for conducting said election shall  be  pursuant
 to the election law.
   §  9.  Section  2-214  of the village law, as amended by section 26 of
 part X of chapter 62 of the laws of 2003, is amended to read as follows:
   § 2-214 Notice of election. [Within ten days after  the  right  to  an
 election  is  complete]  NO  LATER THAN THREE DAYS AFTER THE RIGHT TO AN
 ELECTION IS COMPLETE, THE COMMISSION SHALL DIRECT the town clerk of each
 town in which any portion of such territory is located [shall  cause  to
 be  posted]  TO  POST  in  [five] SIX public places in that part of such
 territory located in such town and also to be published at  least  twice
 in the newspaper or newspapers designated pursuant to subdivision eleven
 of  section  sixty-four of the town law, a joint notice by the clerks of
 A. 8573                             7
 
 all such towns that at a convenient place in such territory, between the
 hours of twelve o'clock noon and nine o'clock in the evening  and  on  a
 day not less than twenty nor more than thirty days after the date of the
 posting  and  first publication, which date and place shall be specified
 therein, an election will be held  to  determine  whether  the  proposed
 village  of  (naming  it) shall be incorporated. NO LATER THAN FIVE DAYS
 AFTER RECEIVING DIRECTION FROM THE COMMISSION, THE TOWN CLERK OR  CLERKS
 SHALL  PROVIDE  TO THE COMMISSION A LIST OF THE SIX LOCATIONS WHERE SUCH
 NOTICES ARE TO BE POSTED. SHOULD  THE  COMMISSION  OBJECT  TO  ANY  SUCH
 LOCATIONS  SUBMITTED  BY THE TOWN CLERK OR CLERKS, THE COMMISSION SHALL,
 NO LATER THAN  SEVEN  BUSINESS  DAYS  AFTER  RECEIPT  OF  SUCH  LIST  OF
 LOCATIONS,  DIRECT  THE  TOWN  CLERK  OR  CLERKS TO POST SUCH NOTICES IN
 ALTERNATIVE LOCATIONS DESIGNATED BY THE COMMISSION.  IN  SUCH  INSTANCE,
 THE  POSTINGS  OF SUCH NOTICES SHALL BE MADE BY THE TOWN CLERK OR CLERKS
 NO LATER THAN TWENTY DAYS AFTER THE RIGHT TO AN  ELECTION  IS  COMPLETE.
 Such  election  shall  not  be  held on a day of a town election or of a
 general election in a town in  which  any  part  of  such  territory  is
 located.  For  the  purposes of this section, in the event that the town
 maintains a website, one of the posting requirements  required  by  this
 section  may  be  fulfilled  by  posting  such information on the town's
 website. SUCH POSTING SHALL ALSO BE MADE ON  THE  SECRETARY  OF  STATE'S
 WEBSITE.
   § 10. Subdivisions 1 and 3 of section 2-218 of the village law, subdi-
 vision 3 as amended by section 27 of part X of chapter 62 of the laws of
 2003, are amended to read as follows:
   1.  Preparation.  It  shall  be  the duty of the clerk of each town in
 which a portion of such territory is located to make and file  in  [his]
 THEIR  office,  at least [ten] TWENTY days before such election an accu-
 rate list of voters, alphabetically arranged, who are qualified to  vote
 at  such  election. Such list shall be copied from the registration poll
 records for the last preceding general election, and shall  be  modified
 in  accordance  with  whatever  information  the  town clerk may have or
 receive from the board of elections.
   3. Notice of availability of list for inspection and additions. Within
 ten days after the right to an election is complete the  town  clerk  of
 each  town in which any portion of such territory is located shall cause
 to be posted in [five] SIX public places in that part of such  territory
 located  in  such  town  and  also to be published at least twice in the
 newspaper or newspapers designated pursuant  to  subdivision  eleven  of
 section  sixty-four  of the town law, a notice: that a registration list
 of voters qualified to vote at  such  election  will  be  available  for
 inspection  in  [his]  THEIR  office between the hours of twelve o'clock
 noon and nine o'clock in the evening on a day  specified  therein  which
 day  shall  not be on a Sunday and shall be at least three days prior to
 such election; that at said time and place said list will  be  available
 for  inspection  by  the  public;  and  also that at said time and place
 persons claiming to be qualified to vote at such  election  whose  names
 are not on such list may, upon presentation of proper proofs, have their
 names  added  thereto.  PRIOR TO POSTING, THE TOWN CLERK OR CLERKS SHALL
 PROVIDE TO THE COMMISSION A LIST OF THE SIX LOCATIONS WHERE SUCH NOTICES
 ARE TO BE POSTED. SHOULD THE COMMISSION OBJECT  TO  ANY  SUCH  LOCATIONS
 SUBMITTED  BY  THE  TOWN CLERK OR CLERKS, THE COMMISSION SHALL, NO LATER
 THAN SEVEN DAYS AFTER RECEIPT OF SUCH LIST OF LOCATIONS, DIRECT THE TOWN
 CLERK OR CLERKS TO POST SUCH NOTICES IN ALTERNATIVE LOCATIONS DESIGNATED
 BY THE COMMISSION. THE POSTINGS OF SUCH NOTICES SHALL  BE  MADE  BY  THE
 TOWN  CLERK  OR  CLERKS  NO LATER THAN TWENTY DAYS AFTER THE RIGHT TO AN
 A. 8573                             8
 
 ELECTION IS COMPLETE. For the purposes of this  section,  in  the  event
 that  the  town  maintains  a  website,  one of the posting requirements
 required by this subdivision may be fulfilled by posting  such  informa-
 tion on the town's website.
   §  11. Subdivision 4 of section 2-220 of the village law is amended to
 read as follows:
   4. Powers and duties of inspectors. The inspectors shall  execute  the
 constitutional  oath  of  office and file same in the office of the town
 clerk wherein was filed [the original] A copy of  the  petition.    They
 shall  supervise  and  conduct such election and in connection therewith
 shall possess all the powers conferred by law upon a board of inspectors
 of election at a town election, so far as the same are applicable.
   § 12. Section 2-236 of the village law, as amended by a chapter of the
 laws of 2023 amending the  village  law  relating  to  establishing  the
 village  incorporation  commission  as  proposed  in  legislative  bills
 numbers S. 7537 and A. 7761, is amended to read as follows:
   § 2-236 Payment of expenses incurred in proceedings for  incorporation
 if  village  not  incorporated.  If  the  incorporation  of the proposed
 village be not effected by the proceedings authorized in  this  article,
 the  expenses  incurred by the towns in which any part of such territory
 is located for payment  of  cost  of  posting,  publishing  and  serving
 required  notices,  stenographic  services and services of inspectors of
 election shall be paid from the fund deposited with the [village  incor-
 poration  commission established pursuant to section 2-259 of this arti-
 cle] DEPARTMENT OF STATE, ON BEHALF OF THE COMMISSION.  If such fund  so
 deposited  is  not  sufficient to pay all of such expenses, the costs in
 excess of such fund shall be  a  general  town  charge.  Any  unexpended
 balance  of  such  fund  shall  become a part of the general fund of the
 town.
   § 13. The first paragraph d of subdivision 5 of section 2-254  of  the
 village law is relettered paragraph b.
   §  14.  Section 2-259 of the village law, as added by a chapter of the
 laws of 2023 amending the  village  law  relating  to  establishing  the
 village  incorporation  commission  as  proposed  in  legislative  bills
 numbers S. 7537 and A. 7761, is renumbered 2-260 and amended to read  as
 follows:
   §  2-260  Village incorporation commission AND GENERAL ADMINISTRATION.
 1.  a. There is hereby established within  the  department  of  state  a
 village  incorporation commission. The commission shall consist of three
 members appointed as follows:
   (1) one member appointed by the secretary of state;
   (2) one member appointed by the comptroller; and
   (3) one member appointed by the attorney general.
   b. Each member of the commission shall serve a  term  of  four  years.
 The  members  shall  be eligible for reappointment and shall serve until
 their successors are appointed  and  qualified,  and  the  term  of  the
 successor  of  any  incumbent shall be calculated from the expiration of
 the term of that incumbent. A vacancy occurring other than by expiration
 of term shall be filled in the same manner as the original  appointment,
 but for the unexpired term only.
   c.  A  majority  of  the  members of the commission shall constitute a
 quorum for the purpose of conducting the business thereof and a majority
 vote of all the members in office shall be necessary for action.
   D. THE MEMBER APPOINTED BY THE SECRETARY OF STATE SHALL BE CHAIRPERSON
 OF THE COMMISSION, PROVIDED THAT IN THE  ABSENCE  OF  THE  SECRETARY  OF
 STATE'S  APPOINTEE  AT  ANY  MEETING  OF  THE BOARD THE APPOINTEE OF THE
 A. 8573                             9
 
 ATTORNEY GENERAL OR THE COMPTROLLER, IN SUCH ORDER, IF EITHER OR BOTH BE
 PRESENT, SHALL ACT AS CHAIRPERSON.
   E.  NO MEMBER OF THE COMMISSION SHALL BE DISQUALIFIED FROM HOLDING ANY
 OTHER PUBLIC OFFICE, NOR SHALL EMPLOYMENT BE FORFEITED BY REASON OF  THE
 MEMBER'S  APPOINTMENT  HEREUNDER,  NOTWITHSTANDING THE PROVISIONS OF ANY
 GENERAL, SPECIAL OR LOCAL LAW, ORDINANCE, COUNTY OR CITY CHARTER.
   2. The commission shall HAVE POWERS AND DUTIES  AS  PROVIDED  IN  THIS
 SUBDIVISION.  A  PETITIONER  MAY  SEEK  RELIEF FROM THE COMMISSION UNDER
 PARAGRAPH F OF THIS SUBDIVISION IN THE  EVENT  THAT  THE  PETITIONER  OR
 PETITIONERS AND TOWN OR TOWNS ARE UNABLE TO JOINTLY SELECT A THIRD-PARTY
 TO  PREPARE  THE  STUDY REQUIRED BY SECTION 2-202 OF THIS ARTICLE WITHIN
 THIRTY-DAYS OF THE FILING OF SUCH A REQUEST WITH THE TOWN CLERK:
   a. TO accept petitions filed pursuant to this article;
   b. TO hold hearings as required by this article;
   c. TO accept and deposit with the state comptroller  all  such  monies
 required  to  be paid by those seeking to incorporate a village pursuant
 to this article; [and]
   d. TO evaluate petitions filed  pursuant  to  this  article  [and]  TO
 ENSURE  ALL  COMPONENTS  REQUIRED  BY SECTION 2-202 OF THIS ARTICLE HAVE
 BEEN INCLUDED;
   E. TO make decisions with regard to whether  a  village  incorporation
 election  shall  proceed  based  upon  the  commission's judgment of the
 criteria established in sections 2-200 and 2-206 of this article and any
 other requirements established in this article.
   F. TO SELECT A THIRD-PARTY DESIGNEE FROM A LIST SUBMITTED BY THE PETI-
 TIONER OR PETITIONERS AND TOWN OR TOWNS TO PREPARE THE STUDY REQUIRED TO
 BE ATTACHED TO THE PETITION PURSUANT TO SECTION 2-202 OF THIS ARTICLE;
   G. TO DIRECT THE TOWN CLERK OR CLERKS TO POST NOTICES  OF  HEARING  IN
 ALTERNATIVE LOCATIONS PURSUANT TO SECTION 2-204 OF THIS ARTICLE;
   H.  TO  DIRECT THE TOWN CLERK OR CLERKS TO POST NOTICES OF ELECTION IN
 ALTERNATIVE LOCATIONS PURSUANT TO SECTION 2-214 OF THIS ARTICLE; AND
   I. TO DIRECT THE TOWN CLERK OR CLERKS TO POST NOTICES OF  AVAILABILITY
 OF  LIST  FOR INSPECTION AND ADDITIONS PURSUANT TO SECTION 2-218 OF THIS
 ARTICLE.
   3. Prior to issuing its decision with  regard  to  whether  a  village
 incorporation  election  shall  proceed,  AND  UPON RECEIVING A COMPLETE
 PETITION SEEKING VILLAGE INCORPORATION, the commission  shall  [complete
 two  studies after receiving a petition for village incorporation, which
 shall take the following form:
   a. The first study shall consist of a  feasibility  assessment,  which
 shall  examine the proposed village's ability to provide services to its
 population in an efficient manner.  The  feasibility  study  shall  also
 evaluate  the  proposed  village's  fiscal  capacity  to  provide  these
 services; and
   b. The second study shall consist of an impact assessment  that  shall
 evaluate  the  fiscal  and  operational  effects of incorporation on the
 surrounding town and the rest of the local  area.  These  impacts  shall
 include fiscal, service, political, environmental, and land use impacts.
   c.  In  addition to the studies required pursuant to each petition for
 village incorporation, the village incorporation commission  shall  also
 produce  a  report  on  its  recommendations  with regard to the village
 incorporation process  pursuant  to  this  article.  Such  report  shall
 provide the commission's analysis and recommendations on the following:
   (i) The number of petitions required for a village incorporation peti-
 tion;
   (ii) The population required to incorporate a village;
 A. 8573                            10

   (iii) Whether the signatures of the residents of such territory quali-
 fied  to  vote for town officers in the unincorporated part of such town
 that is not part of such territory where such village would be  incorpo-
 rated  nor  part  of  another  village  should  be  required in order to
 commence  a  proceeding  for  the  incorporation  of such territory as a
 village;
   (iv) Whether the residents of such territory  qualified  to  vote  for
 town  officers  in the unincorporated part of such town that is not part
 of such territory where such village would be incorporated nor  part  of
 another  village  would  be  entitled  to  vote in village incorporation
 elections;
   (v) Whether population density should be  considered  in  the  village
 incorporation process;
   (vi)  Whether the requirements of this article are adequate to protect
 the fiscal, service, and taxation interests  of  the  residents  of  the
 proposed village and those residents of the surrounding areas; and
   (vii)  Any  other information and recommendations the village incorpo-
 ration commission deems relevant.
   d. The report required pursuant to paragraph  c  of  this  subdivision
 shall  be  published  on  the public facing portion of the department of
 state's website, and the secretary of state or his or her designee shall
 transmit the commission's findings and recommendations to the speaker of
 the assembly, the temporary president of the senate, and the governor on
 or before two years from the effective date of this section.
   4. The studies required pursuant to this  section  shall  be  paid  by
 funds appropriated pursuant to section two hundred thirty-nine-bb of the
 general municipal law.
   5.  The  commission's]  REVIEW THE STUDY ATTACHED TO SUCH PETITION, AS
 REQUIRED BY SECTION 2-202 OF THIS ARTICLE,  TO  DETERMINE  WHETHER  SUCH
 STUDY CONFORMS TO THE REQUIREMENTS OF SECTION 2-202 OF THIS ARTICLE.
   4. COMMISSION REVIEW. THE COMMISSION SHALL DETERMINE WHETHER:
   A.  THE  PETITIONER HAS SUBMITTED A STUDY PURSUANT TO SECTION 2-202 OF
 THIS ARTICLE HAVING ALL THE ELEMENTS REQUIRED BY THIS ARTICLE  AND  THAT
 SUCH  STUDY  WAS PROVIDED FOR PUBLIC REVIEW ON THE DEPARTMENT OF STATE'S
 WEBSITE FOR AT LEAST NINETY DAYS BEFORE ANY PUBLIC HEARING ON THE  PETI-
 TION;
   B.  THE  PROPOSED VILLAGE IS CAPABLE OF PROVIDING SERVICES TO THE AREA
 PROPOSED TO BE INCORPORATED;
   C. THE TAX REVENUE COLLECTED BY SUCH  PROPOSED  VILLAGE  WOULD  SUFFI-
 CIENTLY  DEFRAY  THE  COST  OF MUNICIPAL SERVICES AT A PROPERTY TAX RATE
 THAT FAVORABLY COMPARES TO THE PROPERTY TAX RATE OF THE TOWN  OR  TOWNS;
 AND
   D. THE INCORPORATION WOULD INCREASE TAX BURDENS ON THOSE LOCATED WITH-
 IN  THE TOWN OR TOWNS WITHIN WHICH SUCH PROPOSED VILLAGE WOULD BE ESTAB-
 LISHED.
   5. A VILLAGE INCORPORATION ELECTION SHALL NOT PROCEED IF  THE  COMMIS-
 SION DETERMINES BASED ON THE EVIDENTIARY RECORD THAT THE PETITION OR THE
 STUDY  OR  OTHER  EXHIBITS  OR CERTIFICATIONS WITH THE PETITION DOES NOT
 MEET THE REQUIREMENTS OF THIS ARTICLE OR THAT THE PROPOSED VILLAGE WOULD
 NOT SATISFY THE CRITERIA OF PARAGRAPH B, C, OR D OF SUBDIVISION FOUR  OF
 THIS SECTION.
   6.  A  NOTICE  OF  THE  COMMISSION'S decision with regard to whether a
 village incorporation shall proceed TO ELECTION  shall  be  by  majority
 vote,  and  the  [commission] DEPARTMENT OF STATE shall post a notice of
 [its] THE COMMISSION'S decision on  the  public-facing  portion  of  the
 department  of  state's website. No village incorporation election shall
 A. 8573                            11
 
 proceed in the event the commission rules  adversely  to  such  incorpo-
 ration, except pursuant to the provisions of section 2-210 of this arti-
 cle.
   [6.  No  village  incorporation  election  shall proceed until January
 first, two thousand twenty-four.]
   § 15. Section 96 of the executive law  is  amended  by  adding  a  new
 subdivision 17 to read as follows:
   17.  FOR  RECEIPT  OF  A  VILLAGE  INCORPORATION  PETITION PURSUANT TO
 SECTION 2-202 OF THE VILLAGE LAW, TWO HUNDRED FIFTY DOLLARS.
   § 16. Subdivisions 1 and 2 of section 2-200 of the village law, subdi-
 vision 1 as amended by a chapter  of  the  laws  of  2023  amending  the
 village  law  relating to establishing the village incorporation commis-
 sion as proposed in legislative bills numbers S. 7537 and  A.  7761  and
 subdivision 2 as amended by chapter 932 of the laws of 1974, are amended
 to read as follows:
   1.  A territory containing a population of at least [two] ONE thousand
 FIVE HUNDRED persons who are regular inhabitants thereof, as hereinafter
 defined, may be incorporated as a village under  this  chapter  provided
 such  territory does not include a part of a city or village and further
 provided the limits of such territory:
   a. do not contain more than five square miles; or
   b. are coterminous with the entire boundaries of a school, fire,  fire
 protection, fire alarm, town special or town improvement district; or
   c.  are  coterminous  with  parts  of  the boundaries of more than one
 school, fire, fire protection, fire alarm, town special or town improve-
 ment district, all of which are wholly contained within such limits  and
 within one town; or
   d. are coterminous with the entire boundaries of a town.
   2.  [The words "regular] DEFINITIONS. A. "REGULAR inhabitants" as used
 herein and for the purpose of this article  shall  include  all  persons
 residing  in  the  territory  proposed  to  be  incorporated except such
 persons who themselves, or who are persons under  the  age  of  eighteen
 years  residing  with  persons  who,  maintain  a residence outside such
 territory which is used as their address for purposes of voting.
   B. "COMMISSION" AS USED HEREIN AND FOR THE PURPOSES  OF  THIS  ARTICLE
 SHALL  MEAN  THE  VILLAGE  INCORPORATION  COMMISSION,  AS ESTABLISHED BY
 SECTION 2-260 OF THIS ARTICLE.
   C. "SECRETARY" AS USED HEREIN AND FOR THE  PURPOSES  OF  THIS  ARTICLE
 SHALL MEAN THE SECRETARY OF STATE.
   § 17. Section 10 of a chapter of the laws of 2023 amending the village
 law  relating  to  establishing  the village incorporation commission as
 proposed in legislative bills numbers S. 7537 and A. 7761, is amended to
 read as follows:
   § 10. This act shall take effect on January 1, 2024; provided  [howev-
 er,  that section three-a of this act  shall take effect immediately and
 shall expire and be deemed repealed on the same date  and  in  the  same
 manner  as section three of this act takes effect; and provided further,
 that for village incorporation petitions that have collected  signatures
 prior  to the effective date of this act, nothing in this act shall deem
 such  petition  signatures  invalid;  and  provided  further,  that  the
 provisions of this act shall apply to all existing village incorporation
 petitions  that  have  collected  signatures  prior  to January 1, 2024,
 except as hereinafter provided; and provided further, that  for  village
 incorporation  petitions that have collected signatures prior to January
 1, 2024, the commission review process established pursuant  to  section
 2-259  of  the village law, as added by section seven of this act, shall
 A. 8573                            12

 not apply, and such village incorporation petitions shall continue to be
 subject to the supervisor approval process; and provided  further,  that
 for village incorporation petitions that have collected signatures prior
 to January 1, 2024, paragraph h of subdivision 1 of section 2-206 of the
 village  law as added by section three of this act shall not apply] THAT
 ANY VILLAGE INCORPORATION PETITIONS ASSOCIATED BY HAVING  AT  LEAST  ONE
 COMMON  PETITION  SIGNATURE  WITNESS ON EITHER OF THE TWO PETITIONS THAT
 WERE INITIALLY FILED ON A DATE IN FEBRUARY 2017 AND MAY 2019 RESPECTIVE-
 LY IN A TOWN WITH A POPULATION OF MORE THAN NINETY THOUSAND  AS  OF  THE
 LATEST FEDERAL DECENNIAL CENSUS LOCATED IN A COUNTY WITH A POPULATION OF
 MORE  THAN  NINE  HUNDRED  THOUSAND  AS  OF THE LATEST FEDERAL DECENNIAL
 CENSUS: (A) SHALL NOT BE SUBJECT TO THIS ACT AND SHALL  CONTINUE  TO  BE
 SUBJECT  TO  THE PROVISIONS OF ARTICLE 2 OF THE VILLAGE LAW IN EFFECT AS
 OF JUNE 1, 2023, SO LONG AS SUCH  VILLAGE  INCORPORATION  PROCESSES  ARE
 CONCLUDED  PRIOR  TO  JANUARY  1,  2040;  AND  (B) IF SUCH PETITIONS ARE
 DENIED, ANY SUBSEQUENT VILLAGE INCORPORATION PETITIONS  ASSOCIATED  WITH
 SUCH  PETITIONS  SHALL  ALSO CONTINUE TO BE SUBJECT TO THE PROVISIONS OF
 ARTICLE 2 OF THE VILLAGE LAW IN EFFECT AS OF JUNE 1, 2023,  SO  LONG  AS
 SUCH INCORPORATION PROCESSES ASSOCIATED WITH SUCH PETITIONS ARE COMPLETE
 PRIOR TO JANUARY 1, 2040.  PROVIDED FURTHER, THAT FOR ANY VILLAGE INCOR-
 PORATION  PETITIONS THAT WERE INITIALLY FILED ON A DATE IN FEBRUARY 2017
 AND MAY 2019 RESPECTIVELY IN A TOWN WITH A POPULATION OF MORE THAN NINE-
 TY THOUSAND AS OF THE LATEST FEDERAL DECENNIAL CENSUS LOCATED IN A COUN-
 TY WITH A POPULATION OF MORE THAN NINE HUNDRED THOUSAND AS OF THE LATEST
 FEDERAL DECENNIAL CENSUS, A STUDY ON THE FISCAL, SERVICE,  AND  TAXATION
 INTERESTS OF THE POPULATION WHICH WOULD CONSTITUTE THE RESIDENTS OF SUCH
 VILLAGE  AND THE POPULATION WHICH CONSTITUTES THE RESIDENTS OF SUCH TOWN
 IN WHICH SUCH VILLAGE WOULD BE ESTABLISHED SHALL BE  PREPARED  FOR  SUCH
 PROPOSED  VILLAGE  INCORPORATION, CONDUCTED BY THE CENTER FOR GOVERNMENT
 RESEARCH OR OTHER QUALIFIED INSTITUTION AND SUCH STUDY SHALL  BE  POSTED
 ON  THE  PUBLIC-FACING  PORTION  OF  THE DEPARTMENT OF STATE WEBSITE FOR
 NINETY DAYS PRIOR TO THE COMMENCEMENT OF ANY REFERENDUM FOR THE APPROVAL
 OF SUCH A VILLAGE PURSUANT TO ARTICLE 2 OF THE VILLAGE LAW, AND PROVIDED
 THAT WHERE ANY SUBSEQUENT  VILLAGE  INCORPORATION  PETITIONS  ASSOCIATED
 WITH  SUCH  PETITIONS  SHALL  BE  FILED,  THEN  THE REQUIREMENTS OF THIS
 SECTION SHALL BE DEEMED SATISFIED BY THE RE-PUBLICATION OF  SUCH  STUDY,
 AND FURTHER PROVIDED, HOWEVER, THAT (I) SUCH STATE-FUNDED STUDY SHALL BE
 SUBMITTED  FOR POSTING ON THE PUBLIC-FACING PORTION OF THE DEPARTMENT OF
 STATE WEBSITE BY NO LATER THAN APRIL 1, 2024; (II) SUCH STUDY  SHALL  BE
 POSTED  ON  THE  DEPARTMENT  OF  STATE WEBSITE NO LATER THAN THIRTY DAYS
 AFTER IT IS SUBMITTED FOR POSTING; AND (III) THE ADEQUACY  OF  ANY  SUCH
 STATE-FUNDED CENTER FOR GOVERNMENT RESEARCH, OR OTHER QUALIFIED INSTITU-
 TION  CONDUCTED  STUDY SHALL NOT BE A BASIS FOR OBJECTING TO THE VILLAGE
 INCORPORATION PETITION OR THE SCHEDULING  OF  ANY  SUCH  REFERENDUM  FOR
 APPROVAL  OF  SUCH VILLAGE; PROVIDED FURTHER, THE PROVISIONS OF THIS ACT
 SHALL NOT APPLY TO PETITIONS WHERE THERE IS A JOINT NOTICE  OF  ELECTION
 SPECIFYING A DATE AND TIME OF THE ELECTION AND SIGNED BY THE TOWN CLERKS
 OF  EACH  AFFECTED  TOWN  PURSUANT  TO SECTION 2-214 OF THE VILLAGE LAW,
 DATED DECEMBER 22, 2023 OR EARLIER.
   § 18. Severability. If any clause,  sentence,  paragraph,  section  or
 part  of  this act or application thereof to any municipality, person or
 circumstances shall be adjudged by any court of  competent  jurisdiction
 to  be  invalid  or  unconstitutional,  such  judgment shall not affect,
 impair or invalidate the application of the  remainder  thereof  to  any
 municipalities,  persons and circumstances, but shall be confined in its
 operation to the clause, sentence, paragraph, section  or  part  thereof
 A. 8573                            13
 
 directly  involved  in the controversy in which such judgment shall have
 been rendered, and the legislature hereby declares that  it  would  have
 enacted  this  article  without the invalid provision or application, as
 the case may be, had such invalidity been apparent.
   §  19.  This  act  shall  take  effect  immediately; provided, however
 sections one through sixteen of this act shall take effect on  the  same
 date  and  in  the same manner as a chapter of the laws of 2023 amending
 the village law  relating  to  establishing  the  village  incorporation
 commission as proposed in legislative bills numbers S. 7537 and A. 7761,
 takes effect.