Bill Text: NY A10033 | 2009-2010 | General Assembly | Amended

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Bill Title: Requires signatures of chief executives of local municipalities for payments in lieu of payments prior to the grant of application or the effectiveness of any such grant for a payment in lieu of taxes by an industrial development agency or any other agency that affects a municipality; makes related provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2010-06-01 - REFERRED TO LOCAL GOVERNMENT [A10033 Detail]

Download: New_York-2009-A10033-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                       10033--C
                                 I N  A S S E M B L Y
                                   February 25, 2010
                                      ___________
       Introduced by M. of A. HOOPER -- read once and referred to the Committee
         on  Local  Governments  -- committee discharged, bill amended, ordered
         reprinted as amended  and  recommitted  to  said  committee  --  again
         reported  from  said  committee  with amendments, ordered reprinted as
         amended and recommitted to said committee -- again reported from  said
         committee  with amendments, ordered reprinted as amended and recommit-
         ted to said committee
       AN ACT to amend the general municipal law, in relation to  the  town  of
         Hempstead  industrial  development agency and the Nassau county indus-
         trial agency
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The opening paragraph of section 905 of the general munici-
    2  pal  law is designated subdivision 1 and three new subdivisions 2, 3 and
    3  4 are added to read as follows:
    4    2. PRIOR TO THE APPROVAL OF ANY APPLICATION FOR A PAYMENT IN  LIEU  OF
    5  TAXES  (PILOT)  AGREEMENT  BY  THE  AGENCY  FOR A PROJECT LOCATED IN THE
    6  VILLAGE OF FREEPORT OR THE VILLAGE OF HEMPSTEAD, THE WRITTEN CONSENT  OF
    7  THE  CHIEF  EXECUTIVE OFFICER OF THE AFFECTED VILLAGE SHALL BE OBTAINED.
    8  THE AGENCY SHALL ALSO OBTAIN THE APPROVAL, BY THREE-FIFTHS MAJORITY,  OF
    9  THE  VILLAGE  GOVERNING BODY PRIOR TO ANY PILOT AGREEMENT BEING APPROVED
   10  BY THE AGENCY FOR A PROJECT LOCATED IN THE VILLAGE OF  FREEPORT  OR  THE
   11  VILLAGE  OF  HEMPSTEAD.  IN  ADDITION, THE AGENCY SHALL OBTAIN AN IMPACT
   12  ANALYSIS TO DETERMINE THE IMPACT ON THE VILLAGE OF THE PROJECT  AND  THE
   13  PLANNED  PILOT  AGREEMENT.  THE APPLICANT FOR SUCH PILOT AGREEMENT SHALL
   14  BEAR THE COSTS RELATED TO THE REQUIRED IMPACT ANALYSIS. THE  AGENCY  AND
   15  THE  VILLAGE  GOVERNING  BODY SHALL JOINTLY SELECT A QUALIFIED ENTITY TO
   16  CONDUCT THE IMPACT ANALYSIS. THE MEMBERSHIP OF THE AGENCY, WHEN  REVIEW-
   17  ING  APPLICATIONS AND APPROVING PILOT AGREEMENTS FOR PROJECTS LOCATED IN
   18  THE VILLAGE OF FREEPORT OR THE VILLAGE OF HEMPSTEAD,  SHALL  INCLUDE  AT
   19  LEAST  ONE MEMBER OF SUCH VILLAGE'S GOVERNING BODY AND AT LEAST THREE AT
   20  LARGE MEMBERS DRAWN FROM A CROSS SECTION OF THE VILLAGE COMMUNITY.
   21    3. THE AGENCY SHALL REVIEW ANY PILOT AGREEMENT FOR A  PROJECT  LOCATED
   22  IN  THE  VILLAGE OF FREEPORT OR THE VILLAGE OF HEMPSTEAD AFTER THE THIRD
   23  YEAR OF ENTERING INTO SUCH PILOT AGREEMENT, AND EVERY THIRD YEAR  THERE-
   24  AFTER,  AND  ADJUST  THE PILOT AGREEMENT ACCORDINGLY BASED ON CHANGES TO
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD16164-08-0
       A. 10033--C                         2
    1  THE ASSESSED VALUE AND TAX RATE OF ALL OTHER REAL PROPERTIES LOCATED  IN
    2  SUCH VILLAGES.
    3    4.  A PILOT AGREEMENT FOR A PROJECT LOCATED IN THE VILLAGE OF FREEPORT
    4  OR THE VILLAGE OF HEMPSTEAD SHALL NOT BE RENEWED OR RENEGOTIATED UNTIL A
    5  FULL FORENSIC AUDIT HAS BEEN COMPLETED OF  THE  ACCOUNTS  OF  THE  PARTY
    6  OBLIGATED TO MAKE PAYMENTS IN LIEU OF TAXES PURSUANT TO THE PILOT AGREE-
    7  MENT  WITH  THE  AGENCY. THE AGENCY AND THE VILLAGE GOVERNING BODY SHALL
    8  JOINTLY CHOOSE A QUALIFIED ENTITY TO CONDUCT SUCH FORENSIC AUDIT.    THE
    9  PARTY  THAT  IS  OBLIGATED TO MAKE PAYMENTS IN LIEU OF TAXES PURSUANT TO
   10  THE PILOT AGREEMENT WITH THE AGENCY SHALL BEAR THE  COSTS  OF  PREPARING
   11  SUCH FORENSIC AUDIT. THE VILLAGE OF FREEPORT OR THE VILLAGE OF HEMPSTEAD
   12  MAY  REQUEST FROM THE OFFICE OF THE STATE COMPTROLLER AN AUDIT OR REVIEW
   13  OF THE FORENSIC AUDIT PRIOR TO THE RENEWAL OR RENEGOTIATION OF  A  PILOT
   14  AGREEMENT  FOR  A  PROJECT  LOCATED  IN  THE  VILLAGE OF FREEPORT OR THE
   15  VILLAGE OF HEMPSTEAD.
   16    S 2. The opening paragraph of section 922  of  the  general  municipal
   17  law, as amended by chapter 474 of the laws of 1988, is designated subdi-
   18  vision  1  and  three  new  subdivisions 2, 3 and 4 are added to read as
   19  follows:
   20    2. PRIOR TO THE APPROVAL OF ANY APPLICATION FOR A PAYMENT IN  LIEU  OF
   21  TAXES  (PILOT)  AGREEMENT  BY  THE  AGENCY  FOR A PROJECT LOCATED IN THE
   22  VILLAGE OF FREEPORT OR THE VILLAGE OF HEMPSTEAD, THE WRITTEN CONSENT  OF
   23  THE  CHIEF  EXECUTIVE OFFICER OF THE AFFECTED VILLAGE SHALL BE OBTAINED.
   24  THE AGENCY SHALL ALSO OBTAIN THE APPROVAL, BY THREE-FIFTHS MAJORITY,  OF
   25  THE  VILLAGE  GOVERNING BODY PRIOR TO ANY PILOT AGREEMENT BEING APPROVED
   26  BY THE AGENCY FOR A PROJECT LOCATED IN THE VILLAGE OF  FREEPORT  OR  THE
   27  VILLAGE  OF  HEMPSTEAD.  IN  ADDITION, THE AGENCY SHALL OBTAIN AN IMPACT
   28  ANALYSIS TO DETERMINE THE IMPACT ON THE VILLAGE OF THE PROJECT  AND  THE
   29  PLANNED  PILOT  AGREEMENT.  THE APPLICANT FOR SUCH PILOT AGREEMENT SHALL
   30  BEAR THE COSTS RELATED TO THE REQUIRED IMPACT ANALYSIS. THE  AGENCY  AND
   31  THE  VILLAGE  GOVERNING  BODY SHALL JOINTLY SELECT A QUALIFIED ENTITY TO
   32  CONDUCT THE IMPACT ANALYSIS. THE MEMBERSHIP OF THE AGENCY, WHEN  REVIEW-
   33  ING  APPLICATIONS AND APPROVING PILOT AGREEMENTS FOR PROJECTS LOCATED IN
   34  THE VILLAGE OF FREEPORT OR THE VILLAGE OF HEMPSTEAD,  SHALL  INCLUDE  AT
   35  LEAST  ONE MEMBER OF SUCH VILLAGE'S GOVERNING BODY AND AT LEAST THREE AT
   36  LARGE MEMBERS DRAWN FROM A CROSS SECTION OF THE VILLAGE COMMUNITY.
   37    3. THE AGENCY SHALL REVIEW ANY PILOT AGREEMENT FOR A  PROJECT  LOCATED
   38  IN  THE  VILLAGE OF FREEPORT OR THE VILLAGE OF HEMPSTEAD AFTER THE THIRD
   39  YEAR OF ENTERING INTO SUCH PILOT AGREEMENT, AND EVERY THIRD YEAR  THERE-
   40  AFTER,  AND  ADJUST  THE PILOT AGREEMENT ACCORDINGLY BASED ON CHANGES TO
   41  THE ASSESSED VALUE AND TAX RATE OF ALL OTHER REAL PROPERTIES LOCATED  IN
   42  SUCH VILLAGES.
   43    4.  A PILOT AGREEMENT FOR A PROJECT LOCATED IN THE VILLAGE OF FREEPORT
   44  OR THE VILLAGE OF HEMPSTEAD SHALL NOT BE RENEWED OR RENEGOTIATED UNTIL A
   45  FULL FORENSIC AUDIT HAS BEEN COMPLETED OF  THE  ACCOUNTS  OF  THE  PARTY
   46  OBLIGATED TO MAKE PAYMENTS IN LIEU OF TAXES PURSUANT TO THE PILOT AGREE-
   47  MENT  WITH  THE  AGENCY. THE AGENCY AND THE VILLAGE GOVERNING BODY SHALL
   48  JOINTLY CHOOSE A QUALIFIED ENTITY TO CONDUCT SUCH FORENSIC AUDIT.    THE
   49  PARTY  THAT  IS  OBLIGATED TO MAKE PAYMENTS IN LIEU OF TAXES PURSUANT TO
   50  THE PILOT AGREEMENT WITH THE AGENCY SHALL BEAR THE  COSTS  OF  PREPARING
   51  SUCH FORENSIC AUDIT. THE VILLAGE OF FREEPORT OR THE VILLAGE OF HEMPSTEAD
   52  MAY  REQUEST FROM THE OFFICE OF THE STATE COMPTROLLER AN AUDIT OR REVIEW
   53  OF THE FORENSIC AUDIT PRIOR TO THE RENEWAL OR RENEGOTIATION OF  A  PILOT
   54  AGREEMENT  FOR  A  PROJECT  LOCATED  IN  THE  VILLAGE OF FREEPORT OR THE
   55  VILLAGE OF HEMPSTEAD.
   56    S 3. This act shall take effect immediately.