Bill Text: NY A10692 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires signatures of chief executives of the villages of Hempstead and Freeport for payments in lieu of taxes prior to the grant of application or the effectiveness of any such grant for a payment for projects approved by the Nassau county industrial development agency and the town of Hempstead industrial development agency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-06-21 - REFERRED TO RULES [A10692 Detail]

Download: New_York-2011-A10692-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10692
                                 I N  A S S E M B L Y
                                     June 15, 2012
                                      ___________
       Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Hooper) --
         read once and referred to the Committee on Local Governments
       AN ACT to amend the general municipal law, in relation  to  payments  in
         lieu  of  taxes  for projects approved by the town of Hempstead indus-
         trial development agency and the Nassau county industrial 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  (HEREINAFTER REFERRED TO IN THIS SECTION AS "PILOT") AGREEMENT BY
    6  THE AGENCY FOR A PROJECT LOCATED IN  THE  VILLAGE  OF  FREEPORT  OR  THE
    7  VILLAGE OF HEMPSTEAD, THE WRITTEN CONSENT OF THE CHIEF EXECUTIVE OFFICER
    8  OF THE AFFECTED VILLAGE SHALL BE OBTAINED.  THE AGENCY SHALL ALSO OBTAIN
    9  THE  APPROVAL,  BY  THREE-FIFTHS MAJORITY, OF THE VILLAGE GOVERNING BODY
   10  PRIOR TO ANY PILOT AGREEMENT BEING APPROVED BY THE AGENCY FOR A  PROJECT
   11  LOCATED IN THE VILLAGE OF FREEPORT OR THE VILLAGE OF HEMPSTEAD. IN ADDI-
   12  TION, THE AGENCY SHALL OBTAIN AN IMPACT ANALYSIS TO DETERMINE THE IMPACT
   13  ON  THE  VILLAGE  OF  THE  PROJECT  AND THE PLANNED PILOT AGREEMENT. THE
   14  APPLICANT FOR SUCH PILOT AGREEMENT SHALL BEAR THE COSTS RELATED  TO  THE
   15  REQUIRED  IMPACT  ANALYSIS.  THE  AGENCY  AND THE VILLAGE GOVERNING BODY
   16  SHALL JOINTLY SELECT A QUALIFIED ENTITY TO CONDUCT THE IMPACT  ANALYSIS.
   17  THE  MEMBERSHIP OF THE AGENCY, WHEN REVIEWING APPLICATIONS AND APPROVING
   18  PILOT AGREEMENTS FOR PROJECTS LOCATED IN THE VILLAGE OF FREEPORT OR  THE
   19  VILLAGE  OF  HEMPSTEAD,  SHALL  INCLUDE  AT  LEAST  ONE  MEMBER  OF SUCH
   20  VILLAGE'S GOVERNING BODY AND AT LEAST THREE AT LARGE MEMBERS DRAWN  FROM
   21  A CROSS SECTION OF THE VILLAGE COMMUNITY.
   22    3.  THE  AGENCY SHALL REVIEW ANY PILOT AGREEMENT FOR A PROJECT LOCATED
   23  IN THE VILLAGE OF FREEPORT OR THE VILLAGE OF HEMPSTEAD AFTER  THE  THIRD
   24  YEAR  OF ENTERING INTO SUCH PILOT AGREEMENT, AND EVERY THIRD YEAR THERE-
   25  AFTER, AND ADJUST THE PILOT AGREEMENT ACCORDINGLY BASED  ON  CHANGES  TO
   26  THE  ASSESSED VALUE AND TAX RATE OF ALL OTHER REAL PROPERTIES LOCATED IN
   27  SUCH VILLAGES.  THE AGENCY SHALL PROVIDE A WRITTEN REPORT TO THE VILLAGE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD16291-01-2
       A. 10692                            2
    1  OF FREEPORT AND THE VILLAGE OF HEMPSTEAD DOCUMENTING ANY AND  ALL  VARI-
    2  ANCES  OR  CHANGES  TO  THE PROJECTED REVENUES OF SUCH VILLAGES FROM ANY
    3  SUCH PILOT AGREEMENT.
    4    4.  A PILOT AGREEMENT FOR A PROJECT LOCATED IN THE VILLAGE OF FREEPORT
    5  OR THE VILLAGE OF HEMPSTEAD SHALL NOT BE RENEWED OR RENEGOTIATED UNTIL A
    6  FULL AUDIT HAS BEEN COMPLETED OF THE ACCOUNTS OF THE PARTY OBLIGATED  TO
    7  MAKE  PAYMENTS IN LIEU OF TAXES PURSUANT TO THE PILOT AGREEMENT WITH THE
    8  AGENCY. THE AGENCY AND THE VILLAGE GOVERNING BODY SHALL JOINTLY CHOOSE A
    9  QUALIFIED ENTITY TO CONDUCT SUCH AUDIT.  THE PARTY THAT IS OBLIGATED  TO
   10  MAKE  PAYMENTS IN LIEU OF TAXES PURSUANT TO THE PILOT AGREEMENT WITH THE
   11  AGENCY SHALL BEAR THE COSTS OF PREPARING  SUCH  AUDIT.  THE  VILLAGE  OF
   12  FREEPORT  OR THE VILLAGE OF HEMPSTEAD MAY REQUEST FROM THE OFFICE OF THE
   13  STATE COMPTROLLER AN AUDIT OR REVIEW OF THE AUDIT PRIOR TO  THE  RENEWAL
   14  OR  RENEGOTIATION  OF  A  PILOT  AGREEMENT  FOR A PROJECT LOCATED IN THE
   15  VILLAGE OF FREEPORT OR THE 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  (HEREINAFTER REFERRED TO IN THIS SECTION AS "PILOT") AGREEMENT BY
   22  THE AGENCY FOR A PROJECT LOCATED IN  THE  VILLAGE  OF  FREEPORT  OR  THE
   23  VILLAGE OF HEMPSTEAD, THE WRITTEN CONSENT OF THE CHIEF EXECUTIVE OFFICER
   24  OF THE AFFECTED VILLAGE SHALL BE OBTAINED.  THE AGENCY SHALL ALSO OBTAIN
   25  THE  APPROVAL,  BY  THREE-FIFTHS MAJORITY, OF THE VILLAGE GOVERNING BODY
   26  PRIOR TO ANY PILOT AGREEMENT BEING APPROVED BY THE AGENCY FOR A  PROJECT
   27  LOCATED IN THE VILLAGE OF FREEPORT OR THE VILLAGE OF HEMPSTEAD. IN ADDI-
   28  TION, THE AGENCY SHALL OBTAIN AN IMPACT ANALYSIS TO DETERMINE THE IMPACT
   29  ON  THE  VILLAGE  OF  THE  PROJECT  AND THE PLANNED PILOT AGREEMENT. THE
   30  APPLICANT FOR SUCH PILOT AGREEMENT SHALL BEAR THE COSTS RELATED  TO  THE
   31  REQUIRED  IMPACT  ANALYSIS.  THE  AGENCY  AND THE VILLAGE GOVERNING BODY
   32  SHALL JOINTLY SELECT A QUALIFIED ENTITY TO CONDUCT THE IMPACT  ANALYSIS.
   33  THE  MEMBERSHIP OF THE AGENCY, WHEN REVIEWING APPLICATIONS AND APPROVING
   34  PILOT AGREEMENTS FOR PROJECTS LOCATED IN THE VILLAGE OF FREEPORT OR  THE
   35  VILLAGE  OF  HEMPSTEAD,  SHALL  INCLUDE  AT  LEAST  ONE  MEMBER  OF SUCH
   36  VILLAGE'S GOVERNING BODY AND AT LEAST THREE AT LARGE MEMBERS DRAWN  FROM
   37  A CROSS SECTION OF THE VILLAGE COMMUNITY.
   38    3.  THE  AGENCY SHALL REVIEW ANY PILOT AGREEMENT FOR A PROJECT LOCATED
   39  IN THE VILLAGE OF FREEPORT OR THE VILLAGE OF HEMPSTEAD AFTER  THE  THIRD
   40  YEAR  OF ENTERING INTO SUCH PILOT AGREEMENT, AND EVERY THIRD YEAR THERE-
   41  AFTER, AND ADJUST THE PILOT AGREEMENT ACCORDINGLY BASED  ON  CHANGES  TO
   42  THE  ASSESSED VALUE AND TAX RATE OF ALL OTHER REAL PROPERTIES LOCATED IN
   43  SUCH VILLAGES.
   44    4. A PILOT AGREEMENT FOR A PROJECT LOCATED IN THE VILLAGE OF  FREEPORT
   45  OR THE VILLAGE OF HEMPSTEAD SHALL NOT BE RENEWED OR RENEGOTIATED UNTIL A
   46  FULL  AUDIT HAS BEEN COMPLETED OF THE ACCOUNTS OF THE PARTY OBLIGATED TO
   47  MAKE PAYMENTS IN LIEU OF TAXES PURSUANT TO THE PILOT AGREEMENT WITH  THE
   48  AGENCY. THE AGENCY AND THE VILLAGE GOVERNING BODY SHALL JOINTLY CHOOSE A
   49  QUALIFIED  ENTITY TO CONDUCT SUCH AUDIT.  THE PARTY THAT IS OBLIGATED TO
   50  MAKE PAYMENTS IN LIEU OF TAXES PURSUANT TO THE PILOT AGREEMENT WITH  THE
   51  AGENCY  SHALL  BEAR  THE  COSTS  OF PREPARING SUCH AUDIT. THE VILLAGE OF
   52  FREEPORT OR THE VILLAGE OF HEMPSTEAD MAY REQUEST FROM THE OFFICE OF  THE
   53  STATE  COMPTROLLER  AN AUDIT OR REVIEW OF THE AUDIT PRIOR TO THE RENEWAL
   54  OR RENEGOTIATION OF A PILOT AGREEMENT  FOR  A  PROJECT  LOCATED  IN  THE
   55  VILLAGE OF FREEPORT OR THE VILLAGE OF HEMPSTEAD.
   56    S 3. This act shall take effect immediately.