STATE OF NEW YORK
        ________________________________________________________________________

                                          22--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       (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:

     1    Section 1. Subdivision 11 of section 874 of the general municipal law,
     2  as added by chapter 563 of the laws of 2015, is amended and a new subdi-
     3  vision 13 is added to read as follows:
     4    (11)  Each  agency  shall  develop policies for the return of all or a
     5  part of the financial assistance provided for the project, including all
     6  or part of the amount of any tax exemptions, as specified in the policy,
     7  which may include but shall not be limited to material shortfalls in job
     8  creation and retention projections or material violations of  the  terms
     9  and  conditions  of  project agreements. The agency shall implement such
    10  policies created in accordance with this subdivision to  return  all  or
    11  part  of  the  financial  assistance  provided for any project where the
    12  agency's annual assessment of a project shows material shortfalls in job
    13  creation and retention projections or material violations of  the  terms
    14  and  conditions  of project agreements.  If such material shortfalls are
    15  the direct result of factors beyond the applicant's control, the  agency
    16  must  notify the authority's budget office in writing of the waiver with
    17  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

     1  shall be redistributed to the  appropriate  affected  tax  jurisdiction,
     2  unless agreed to otherwise by any local taxing jurisdiction.
     3    (13)  Except where environmental contamination requiring a significant
     4  increase in project costs is discovered during the  development  of  the
     5  project  or  where  a  municipality  has  reassessed  all or part of the
     6  project site resulting in an increase in property  taxes  of  more  than
     7  fifty  percent, no tax exemptions shall be granted to any project if the
     8  project is already in development at the time such project  applies  for
     9  the issuance of the tax exemption.
    10    §  2.  Section 854 of the general municipal law is amended by adding a
    11  new subdivision 22 to read as follows:
    12    (22) "In  development"  -  shall  mean  a  project  for  which  active
    13  construction,  including but not limited to erection of building founda-
    14  tions or structure, has already commenced.
    15    § 3. Section 862 of the general municipal law is amended by  adding  a
    16  new subdivision 3 to read as follows:
    17    (3)  Except  where environmental contamination requiring a significant
    18  increase in project costs is discovered during the  development  of  the
    19  project  or  where  a  municipality  has  reassessed  all or part of the
    20  project site resulting in an increase in property  taxes  of  more  than
    21  fifty percent, no funds, financial incentives or subsidies of the agency
    22  shall  be used in respect of any project which is already in development
    23  at the time such project applies for such funds,  financial  assistance,
    24  incentives or subsidies.
    25    § 4. This act shall take effect immediately.