Bill Text: NY A01606 | 2019-2020 | General Assembly | Introduced
Bill Title: Incorporates resource conservation, energy efficiency, green technologies, and alternative and renewable energy measures of project applicants into a uniform tax exemption policy.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Passed) 2019-10-23 - signed chap.386 [A01606 Detail]
Download: New_York-2019-A01606-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1606 2019-2020 Regular Sessions IN ASSEMBLY January 15, 2019 ___________ Introduced by M. of A. HUNTER, ENGLEBRIGHT, COLTON, COOK, D'URSO, HYND- MAN, WEPRIN, BLAKE -- read once and referred to the Committee on Local Governments AN ACT to amend the general municipal law and the public authorities law, in relation to including the incorporation of resource conserva- tion, energy efficiency, green technologies, and alternative and renewable energy measures in a project into a uniform tax exemption policy The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 4 of section 874 of the gener- 2 al municipal law, as amended by chapter 357 of the laws of 1993, is 3 amended to read as follows: 4 (a) The agency shall establish a uniform tax exemption policy, with 5 input from affected tax jurisdictions, which shall be applicable to the 6 provision of financial assistance pursuant to section eight hundred 7 fifty-nine-a of this chapter and shall provide guidelines for the claim- 8 ing of real property, mortgage recording, and sales tax exemptions. 9 Such guidelines shall include, but not be limited to: period of 10 exemption; percentage of exemption; types of projects for which 11 exemptions can be claimed; procedures for payments in lieu of taxes and 12 instances in which real property appraisals are to be performed as a 13 part of an application for tax exemption; in addition, agencies shall in 14 adopting such policy consider such issues as: the extent to which a 15 project will create or retain permanent, private sector jobs; the esti- 16 mated value of any tax exemptions to be provided; whether affected tax 17 jurisdictions shall be reimbursed by the project occupant if a project 18 does not fulfill the purposes for which an exemption was provided; the 19 impact of a proposed project on existing and proposed businesses and 20 economic development projects in the vicinity; the amount of private 21 sector investment generated or likely to be generated by the proposed EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04961-01-9A. 1606 2 1 project; the demonstrated public support for the proposed project; the 2 likelihood of accomplishing the proposed project in a timely fashion; 3 the effect of the proposed project upon the environment; the extent to 4 which the project will utilize, to the fullest extent practicable and 5 economically feasible, resource conservation, energy efficiency, green 6 technologies, and alternative and renewable energy measures; the extent 7 to which the proposed project will require the provision of additional 8 services, including, but not limited to additional educational, trans- 9 portation, police, emergency medical or fire services; and the extent to 10 which the proposed project will provide additional sources of revenue 11 for municipalities and school districts. 12 § 2. Subdivision 1 of section 1963-a of the public authorities law, as 13 amended by chapter 357 of the laws of 1993, is amended to read as 14 follows: 15 1. The authority shall establish a uniform tax exemption policy, with 16 input from affected local taxing jurisdictions, which shall be applica- 17 ble to provisions of financial assistance pursuant to section nineteen 18 hundred fifty-three-a of this [chapter] title and shall provide guide- 19 lines for the claiming of real property, mortgage recording, and sales 20 tax exemptions. Such guidelines shall include, but not be limited to: 21 period of exemption; percentage of exemption; types of projects for 22 which exemptions can be claimed; procedures for payments in lieu of 23 taxes and instances in which real property appraisals are to be 24 performed as a part of an application for tax exemption; in addition, 25 the authority in adopting such policy shall consider such issues as: the 26 extent to which a project will create or retain permanent, private 27 sector jobs; the estimated value of any tax exemption to be provided; 28 whether affected tax jurisdictions should be reimbursed by the project 29 occupant if a project does not fulfill the purposes for which an 30 exemption was provided; the impact of a proposed project on existing and 31 proposed businesses and economic development projects in the vicinity; 32 the amount of private sector investment generated or likely to be gener- 33 ated by the proposed project; the demonstrated public support for the 34 proposed project; the likelihood of accomplishing the proposed project 35 in a timely fashion; the effect of the proposed project upon the envi- 36 ronment; the extent to which the project will utilize, to the fullest 37 extent practicable and economically feasible, resource conservation, 38 energy efficiency, green technologies, and alternative and renewable 39 energy measures; the extent to which the proposed project will require 40 the provision of additional services, including, but not limited to 41 additional educational, transportation, police, emergency medical or 42 fire services; and the extent to which the proposed project will provide 43 additional sources or revenue for municipalities and school districts. 44 § 3. Subdivision 1 of section 2315 of the public authorities law, as 45 amended by chapter 357 of the laws of 1993, is amended to read as 46 follows: 47 1. The authority shall establish a uniform tax exemption policy, with 48 input from affected local taxing jurisdictions, which shall be applica- 49 ble to provisions of financial assistance pursuant to section twenty- 50 three hundred seven of this [chapter] title and shall provide guidelines 51 for the claiming of real property, mortgage recording, and sales tax 52 exemptions. Such guidelines shall include, but not be limited to: period 53 of exemption; percentage of exemption; types of projects for which 54 exemptions may be claimed; procedures for payments in lieu of taxes and 55 instances in which real property appraisals are to be performed as a 56 part of an application for tax exemption; in addition, the authority inA. 1606 3 1 adopting such policy shall consider such issues as: the extent to which 2 a project will create or retain permanent, private sector jobs; the 3 estimated value of any tax exemption to be provided; whether affected 4 tax jurisdictions should be reimbursed by the project occupant if a 5 project does not fulfill the purposes for which an exemption was 6 provided; the impact of a proposed project on existing and proposed 7 businesses and economic development projects in the vicinity; the amount 8 of private sector investment generated or likely to be generated by the 9 proposed project; the demonstrated public support for the proposed 10 project; the likelihood of accomplishing the proposed project in a time- 11 ly fashion; the effect of the proposed project upon the environment; the 12 extent to which the project will utilize, to the fullest extent practi- 13 cable and economically feasible, resource conservation, energy efficien- 14 cy, green technologies, and alternative and renewable energy measures; 15 the extent to which the proposed project will require the provision of 16 additional services, including, but not limited to additional educa- 17 tional, transportation, police, emergency medical or fire services; and 18 the [extend] extent to which the proposed project will provide addi- 19 tional sources of revenue for municipalities and school districts. 20 § 4. This act shall take effect immediately.