Bill Text: NY A09799 | 2017-2018 | General Assembly | Amended

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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: Moderate Partisan Bill (Democrat 9-1)

Status: (Engrossed - Dead) 2018-05-31 - REFERRED TO LOCAL GOVERNMENT [A09799 Detail]

Download: New_York-2017-A09799-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         9799--B
                   IN ASSEMBLY
                                    February 9, 2018
                                       ___________
        Introduced  by M. of A. HUNTER, ENGLEBRIGHT, COLTON, COOK, D'URSO, HYND-
          MAN -- Multi-Sponsored by -- M. of A. ERRIGO -- read once and referred
          to the Committee on Local Governments --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- again reported from said  committee  with  amendments,  ordered
          reprinted as amended and recommitted to said committee
        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.
                                                                   LBD13540-05-8
        A. 9799--B                          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 in
        A. 9799--B                          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.