S T A T E O F N E W Y O R K
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4203--A
2025-2026 Regular Sessions
I N S E N A T E
February 3, 2025
___________
Introduced by Sen. COMRIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government -- recom-
mitted to the Committee on Local Government in accordance with Senate
Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the general municipal law, in relation to adjusting
value capture mechanisms for New York city and the metropolitan trans-
portation authority, including transparency requirements; and to amend
part PP of chapter 54 of the laws of 2016 amending the general munici-
pal law relating to the New York transit authority and the metropol-
itan transportation authority, in relation to extending such value
capture mechanisms and transparency requirements
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph f of subdivision 1 of section 119-r of the gener-
al municipal law, as added by section 2 of part PP of chapter 54 of the
laws of 2016, is amended to read as follows:
f. The making of a contract with the metropolitan transportation
authority, by itself or with one or more other municipal corporations to
assist the authority in meeting its capital or operating expenses in
providing mass transportation services of benefit to all or part of such
municipal corporation, including undertaking a mass transportation capi-
tal project in or near the municipal corporation. Such a municipal
corporation may, according to the terms of the contract with the author-
ity, establish, levy and collect taxes, assessments, and/or charges and
may conditionally or unconditionally grant or pledge a portion of its
revenues allocated according to [subdivision] PARAGRAPH e of this
[section] SUBDIVISION.
(I) FOR ANY MASS TRANSPORTATION CAPITAL PROJECT LOCATED IN THE CITY OF
NEW YORK, THE MUNICIPAL CORPORATION OR METROPOLITAN TRANSPORTATION
AUTHORITY SHALL NOTIFY IN WRITING THE COMMUNITY BOARD OR BOARDS, ANY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00218-03-6
S. 4203--A 2
PART OF WHOSE DISTRICT OR DISTRICTS WOULD BE CONTAINED WITHIN A PROPOSED
MASS TRANSPORTATION CAPITAL PROJECT DISTRICT, AT LEAST FORTY-FIVE DAYS
PRIOR TO CONDUCTING THE PUBLIC HEARING AS REQUIRED BY THIS SECTION. UPON
REQUEST FROM SUCH BOARD OR BOARDS THE MUNICIPAL CORPORATION OR AUTHORITY
SHALL, AT A DATE CONVENIENT TO SUCH BOARD OR BOARDS, PRESENT INFORMATION
REGARDING THE PROPOSED MASS TRANSPORTATION CAPITAL PROJECT AND ALSO
ALLOW FOR PUBLIC COMMENT. FOR ANY PROPOSED MASS TRANSPORTATION CAPITAL
PROJECT, THE MUNICIPAL CORPORATION OR METROPOLITAN TRANSPORTATION
AUTHORITY SHALL NOTIFY IN WRITING THE MUNICIPAL, STATE, AND CONGRESSION-
AL ELECTED REPRESENTATIVES, ANY PART OF WHOSE DISTRICT OR DISTRICTS
WOULD BE CONTAINED WITHIN A PROPOSED MASS TRANSPORTATION CAPITAL PROJECT
DISTRICT, AT LEAST FORTY-FIVE DAYS PRIOR TO CONDUCTING THE PUBLIC HEAR-
ING AS REQUIRED BY THIS PARAGRAPH. Such municipal corporation may desig-
nate mass transportation capital project districts that a municipal
corporation finds, after conducting a public hearing, will benefit from
an identified mass transportation capital project.
(II) Upon designating [such] a MASS TRANSPORTATION CAPITAL PROJECT
district, the municipal corporation may allocate a portion of its reven-
ues from the district according to terms it designs or has agreed to by
contract. The municipal corporation may, in allocating and collecting
revenues from the district, make use of one or more methods to capture
the value created by a mass transportation capital project, including,
but not limited to:
[(i)] (1) tax increment financing, meaning the allocation of an incre-
ment of property tax revenues in excess of the amount levied at the time
prior to planning of a mass transportation capital project;
[(ii)] (2) a special transportation assessment imposed upon benefited
real property in proportion to the benefit received by such property
from a mass transportation capital project, which shall not constitute a
tax;
[(iii)] (3) land value taxation, meaning the allocation of an incre-
ment of tax revenues gained from levying taxes on the assessed value of
taxable land at a higher rate than the improvements, as defined in
subdivision twelve of section one hundred two of the real property tax
law; and
[(iv)] (4) some combination of the above or other methods of gaining
revenues that the municipal corporation is empowered to use, provided
that the total amount of all taxes, assessments, fees, charges, or rates
levied on each parcel or lot under this section shall be limited to a
proportionate amount as near as possible to the actual benefit which
each lot or parcel will derive from the mass transportation capital
project; and
[(v)] (5) for purposes of this paragraph the term municipal corpo-
ration shall include only those cities, towns, villages and counties
described in section twelve hundred sixty-two of the public authorities
law.
(III) FOR ANY MASS TRANSPORTATION CAPITAL PROJECT IN WHICH A MUNICIPAL
CORPORATION WOULD USE THE METHODS AUTHORIZED BY THIS PARAGRAPH, AT LEAST
FORTY-FIVE DAYS PRIOR TO CONDUCTING THE PUBLIC HEARING AS REQUIRED BY
THIS PARAGRAPH THE MUNICIPAL CORPORATION SHALL PRODUCE AND PUBLISH ON
ITS WEBSITE TWO SEPARATE ANALYSES THAT INCLUDE, WITHOUT LIMITATION:
(1) REVENUE PROJECTIONS FOR THE MASS TRANSPORTATION CAPITAL PROJECT
DISTRICT BASED ON FACTORS, INCLUDING BUT NOT LIMITED TO, HISTORIC PROP-
ERTY, SALES, MORTGAGE RECORDING TAX DATA, BUSINESS AND INCOME TAXES, AND
ANALYSIS THAT THE FAIR MARKET VALUE OF PROPERTIES AND PROJECTED SALES,
BUSINESS, INCOME, AND MORTGAGE RECORDING TAXES WITHIN SUCH DISTRICT ARE
S. 4203--A 3
EXPECTED TO INCREASE AS A RESULT OF THE IMPROVEMENT, BY MORE THAN WOULD
HAVE OCCURRED IN THE ABSENCE OF THE IMPROVEMENT AFTER ACCOUNTING FOR THE
ENTIRE CAPITAL COST OF THE MASS TRANSPORTATION CAPITAL PROJECT BEING
FINANCED, AS WELL AS ANALOGOUS PROJECTIONS FOR THE COMMUNITY BOARD
DISTRICT OR DISTRICTS OR CITY, TOWN, VILLAGE OR COUNTY NOT WHOLLY
CONTAINED WITHIN A CITY SURROUNDING THE PROPOSED MASS TRANSPORTATION
CAPITAL PROJECT DISTRICT;
(2) TRANSPORTATION ENGINEERING ANALYSIS SHOWING HOW THE PUBLIC WOULD
BE SERVED BY THE MASS TRANSPORTATION CAPITAL PROJECT IN SUCH DISTRICT OR
AREA;
(3) EXPLANATION FROM THE RELEVANT ASSESSING BODY ON THE AMOUNT OF THE
PROJECTED SPECIAL TRANSPORTATION ASSESSMENT OR INCREASED LEVY ON A PROP-
ERTY OR PARCEL;
(4) PROJECTED COST OF THE MASS TRANSPORTATION CAPITAL PROJECT AND
PROPOSED FUNDING SOURCES;
(5) EXPLANATION FROM THE RELEVANT ASSESSING BODY ON HOW THE PROPOSED
MASS TRANSPORTATION CAPITAL PROJECT WOULD IMPACT A PROPERTY OR PARCEL'S
ASSESSED LAND VALUE, IN ADDITION TO HOW THE PROPOSED MASS TRANSPORTATION
CAPITAL PROJECT WOULD IMPACT SCHOOL DISTRICT AND SPECIAL DISTRICT TAX
LEVIES WITHIN THE COUNTY OR CITY NOT WHOLLY CONTAINED WITHIN A COUNTY
WHERE THE PROPOSED MASS TRANSPORTATION PROJECT DISTRICT WOULD BE
CREATED; AND
(6) ANY INCENTIVES OR EXPENDITURES PLANNED TO INDUCE COMMERCIAL ACTIV-
ITY IN THE MASS TRANSPORTATION CAPITAL PROJECT DISTRICT, INCLUDING WITH-
OUT LIMITATION PAYMENTS IN LIEU OF TAXES, PAYMENTS IN LIEU OF SALES
TAXES, PAYMENTS IN LIEU OF MORTGAGE RECORDING TAXES, STATE GRANTS,
LOANS, LOAN GUARANTEES, LOAN INTEREST SUBSIDIES, SUBSIDIES, TAX CREDITS,
TAX EXEMPTIONS, REDUCED TAX RATES OR OTHER TAX INCENTIVES WHICH ARE
APPLIED FOR AND PREAPPROVED OR CERTIFIED BY A STATE OR MUNICIPAL AGENCY
OR AUTHORITY, AND INDUSTRIAL DEVELOPMENT AGENCY OR LOCAL DEVELOPMENT
CORPORATION ASSISTANCE. SUCH ANALYSES SHALL INCLUDE ACCOMPANYING DATA IN
A MACHINE-READABLE, TABULAR FORMAT, AND AN EXPLANATION OF THE METHODOL-
OGY AND SPECIFIC ASSUMPTIONS USED IN EACH ANALYSIS. THE PUBLIC SHALL
HAVE THE OPPORTUNITY TO SUBMIT WRITTEN COMMENTS ON THE ANALYSES
PROVIDED, AND THE MUNICIPAL CORPORATION AND/OR THE METROPOLITAN TRANS-
PORTATION AUTHORITY SHALL RESPOND TO PUBLIC COMMENTS RECEIVED IN WRITING
AND/OR AT SUCH PUBLIC HEARING IN A REPORT THAT IS POSTED ON THE PUBLIC
FACING PORTION OF SUCH MUNICIPAL CORPORATION'S WEBSITE NO LATER THAN ONE
MONTH AFTER SUCH HEARING.
§ 2. Section 3 of part PP of chapter 54 of the laws of 2016 amending
the general municipal law relating to the New York transit authority and
the metropolitan transportation authority, as amended by section 1 of
part I of chapter 58 of the laws of 2025, is amended to read as follows:
§ 3. This act shall take effect immediately; provided that the amend-
ments to subdivision 1 of section 119-r of the general municipal law
made by section two of this act shall expire and be deemed repealed
April 1, [2026] 2031, and provided further that such repeal shall not
affect the validity or duration of any contract entered into before that
date pursuant to paragraph f of such subdivision.
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2026; provided,
however, that the amendments to paragraph f of subdivision 1 of section
119-r of the general municipal law made by section one of this act shall
not affect the expiration of such subdivision and shall expire there-
with.