* § 912. Orange county industrial development agency. 1. For the
benefit of the county of Orange and the inhabitants thereof, an
industrial development agency, to be known as the ORANGE COUNTY
INDUSTRIAL DEVELOPMENT AGENCY, is hereby established for the
accomplishment of any or all of the purposes specified in title one of
this article. It shall constitute a body corporate and politic, and be
perpetual in duration. It shall have the powers and duties now or
hereafter conferred by title one of this article upon industrial
development agencies. It shall be organized in a manner prescribed by
and be subject to the provisions of title one of this article. Its
members shall be appointed by the governing body of the county of
Orange. The agency, its members, officers and employees and its
operations and activities shall in all respects be governed by the
provisions of title one of this article.

** 2. For purposes of this section, "financial assistance" shall mean
any financial assistance offered by the Orange county industrial
development agency for any project, including but not limited to, a
payment in lieu of taxes agreement, an agreement to waive sales tax, or
an agreement to waive mortgage recording taxes.

** NB Repealed May 3, 2026

** 3. (a) In accordance with the powers of the office of the state
inspector general established by subdivision eight of section fifty-four
of the executive law, the state inspector general shall appoint an
independent monitor to carry out the provisions of this section
including but not limited to providing guidance and technical assistance
related to the policies, practices, programs and decisions of the Orange
county industrial development agency, including but not limited to
decisions, actions and policies related to contracts and financial
assistance agreements. The state inspector general shall appoint such
monitor within ninety days of the effective date of this subdivision or
as soon thereafter as is practicable. After such appointment, the
inspector general may only remove the monitor for violations of law.

(b) The reasonable and necessary expenses incurred by the monitor
while performing his or her official duties shall be paid by the
industrial development agency. Notwithstanding any other provision of
law, while acting within the scope of his or her authority, the monitor
shall not be subject to any liability resulting from carrying out any of
the powers expressly given in this section, and the monitor shall be
entitled to defense and indemnification by the industrial development
agency.

(c) The monitor shall be entitled to attend all meetings of the
industrial development agency, including executive sessions; provided
however, such monitor shall not be considered for purposes of
establishing a quorum of the board, provided further that the monitor
may be excused from executive sessions when proposed, pending or current
litigation involving the monitor or the office of the state inspector
general are being discussed. The industrial development agency shall
cooperate with any monitor with access, within forty-eight hours of such
request from the monitor, to any necessary documents and records of the
industrial development agency including but not limited to databases and
planning documents, financial assistance agreements, and contracts
consistent with all applicable state and federal statutes. The monitor
shall provide a copy of such request for any document or record to the
industrial development agency board.

(d) The board shall provide the monitor with copies of any meeting
agendas and all resolutions and motions on such agenda for each board
meeting no later than seventy-two hours prior to such board meeting. If
a proposed resolution or motion is for the purpose of approving a
contract or any financial assistance for a project, the board clerk
shall provide the monitor with copies of the proposed contract or
financial assistance language at least seven days prior to such meeting.

(e) In the event the monitor is not provided with copies of proposed
resolutions or motions seventy-two hours prior to a board meeting or in
the case of a proposed motion or resolution for the purpose of approving
a contract or financial assistance, seven days prior to the next board
meeting, the monitor may, at their discretion, remove an item including
board resolutions or motions, from consideration by the board at such
meeting. Upon failure of the board to provide proposed resolutions or
motions as required by this section, the monitor shall provide notice of
failure to the board. An item removed from consideration by the monitor
may not be reconsidered by the board until the next board meeting.

(f) The monitor shall have the power to review any modification to the
industrial development agency's uniform tax exemption policy required by
section eight hundred seventy-four of this article, contract or
financial assistance proposed for consideration by the industrial
development agency proposed by the board on or after the effective date
of this subdivision; provided however, that all such proposed
modifications to the industrial development agency's uniform tax
exemption policy required by section eight hundred seventy-four of this
article, contracts or agreements shall be provided by the industrial
development agency board to the monitor at least seven days prior to
adoption.

(i) At least seventy-two hours prior to adoption by the board, the
monitor shall advise the board or employees of the industrial
development agency, in writing, of the existence of violations of the
industrial development agency's uniform tax exemption policy required by
section eight hundred seventy-four of this article, actual or potential
conflicts of interest, or violations of law arising from a proposed
contract or financial assistance agreement that the industrial
development agency shall consider before entering into any such contract
or agreement.

(ii) The board shall document for its own records the existence and
resolution of any actual or potential conflict of interest or other
violation identified by the monitor.

(iii) No such contract or agreement may be approved or entered into by
the industrial development agency unless such actual or potential
conflict of interest or violation has been resolved to the satisfaction
of the monitor.

(iv) At least seventy-two hours prior to adoption by the board, the
monitor shall advise the board or employees, in writing, of its
disapproval of any changes to the industrial development agency's
uniform tax exemption policy; provided additionally, that within thirty
days after their appointment, the monitor shall advise such board or
employees, in writing, of its disapproval of any changes to the
industrial development agency's uniform tax exemption policy made by the
board that were made on or after the effective date of this subdivision
until such monitor's appointment. Any such change to the uniform tax
exemption policy disapproved by the monitor shall not be effective, and
may not be reconsidered by the board for at least ten days or until the
next board meeting; provided, however, that any change to the uniform
tax exemption policy that was made by the board on or after the
effective date of this subdivision until such monitor's appointment that
is disapproved by the monitor shall not affect the validity of any prior
agreement entered into prior to the monitor's appointment.

(v) At least seventy-two hours prior to adoption by the board, the
monitor shall advise the board or employees, in writing, of its
disapproval of any proposed contract or agreement with a project
applying for financial assistance that would permit a deviation from the
industrial development agency's uniform tax exemption policy required by
section eight hundred seventy-four of this article. Any such proposed
contract or financial assistance agreement that would permit a deviation
from such policy shall not be effective, and may not be reconsidered by
the board for at least ten days or until the next board meeting.

(vi) The monitor shall have seventy-two hours after any contract or
financial assistance is approved to review such financial assistance or
contract, and if a violation of policy related to the industrial
development agency's uniform tax exemption policy required by section
eight hundred seventy-four of this article, a conflict of interest, or a
violation of law is identified during such time period, the monitor
shall notify the industrial development agency in writing. Any such
contract or financial assistance so identified by the monitor shall not
be legally binding or effective, and may not be reconsidered by the
board for at least ten days or until the next board meeting.

(g) The board, in consultation with the monitor, shall adopt a
conflict of interest policy, or revise an existing conflict of interest
policy, that complies with all existing applicable laws, rules and
regulations, including article eighteen of this chapter. The conflict of
interest policy shall include, but not be limited to:

(i) a definition of the circumstances that constitute a conflict of
interest;

(ii) procedures for identifying, disclosing and resolving a conflict
of interest to the board;

(iii) a requirement that the person with the conflict of interest not
be present at or participate in board deliberations or votes on the
matter giving rise to such conflict, provided that nothing in this
paragraph shall prohibit the board from requesting that the person with
the conflict of interest present information as background or answer
questions at a board meeting prior to the commencement of deliberations
or voting thereto;

(iv) a prohibition against any attempt by the person with the conflict
to influence improperly the deliberation or voting on the matter giving
rise to such conflict;

(v) compliance with all applicable state laws and regulations; and

(vi) a requirement that the existence and resolution of the conflict
be documented in the board's records, including in the minutes of any
meeting at which the conflict was discussed or voted upon.

(h) The monitor may advise the board and any industrial development
agency officers, employees or agents to undergo any training as deemed
necessary.

** NB Repealed May 3, 2026

** 4. The monitor shall undertake an enhanced review of the budget
decisions and financial assistance agreements of the industrial
development agency.

(a) The board shall annually submit the industrial development
agency's proposed budget for the next succeeding fiscal year to the
monitor no later than forty-five days prior to its adoption. The monitor
shall review the budget to ensure that it, to the greatest extent
possible, is consistent with purposes and necessary activities of the
Orange county industrial development agency, and that it does not
substantially conflict with the long term economic interests of Orange
county and its constituents.

(b) The board shall provide quarterly reports to the monitor and
annual reports to the state inspector general on the operational status
of the industrial development agency. In addition, the monitor shall
provide semi-annual reports to the state inspector general, the
governor, the temporary president of the senate, and the speaker of the
assembly on the fiscal and operational status of the industrial
development agency. Such semi-annual report shall include a summary of
all the contracts that the board entered into throughout the year. All
reports shall be subject to review by the comptroller.

(c) The monitor shall advise the board in the development and revision
of the industrial development agency's goals, implementation of its
priorities and budgetary recommendations.

(d) The monitor may recommend, and the board may consider by vote of a
resolution at the next scheduled meeting of the board, cost saving
measures including, but not limited to, shared service agreements.

** NB Repealed May 3, 2026

** 5. Nothing in this section shall be construed to abrogate the
duties and responsibilities of the board consistent with applicable
state law and regulations.

** NB Repealed May 3, 2026

* NB Agency expires per §§ 856 and 882

* NB There are 2 § 912's