Bill Text: NY S04471 | 2021-2022 | General Assembly | Amended

---

Bill Title: Requires notification of the expiration of a PILOT agreement to be delivered to the affected tax jurisdiction two years prior to the expiration of such agreement or immediately upon early termination.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-12-16 - SIGNED CHAP.708 [S04471 Detail]

Download: New_York-2021-S04471-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         4471--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 5, 2021
                                       ___________

        Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Local  Government  --
          committee  discharged,  bill amended, 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 certain notifications regarding agreements requir-
          ing payments in lieu of taxes

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 15 of section 858 of the general municipal law,
     2  as added by chapter 356 of the laws of  1993,  is  amended  to  read  as
     3  follows:
     4    (15)  To  enter  into  agreements requiring payments in lieu of taxes.
     5  Such agreements shall be in writing and in addition to other terms shall
     6  contain: the amount due annually to each affected tax jurisdiction (or a
     7  formula by which the amount due can be calculated), the name and address
     8  of the person, office or agency to which payment shall be delivered, the
     9  date on which payment shall be made, and the date on which payment shall
    10  be considered delinquent if not paid. Unless  otherwise  agreed  by  the
    11  affected  tax  jurisdictions,  any  such  agreement  shall  provide that
    12  payments in lieu of taxes shall be allocated among affected  tax  juris-
    13  dictions  in  proportion  to  the  amount of real property tax and other
    14  taxes which would have been received by each affected  tax  jurisdiction
    15  had  the  project  not  been  tax exempt due to the status of the agency
    16  involved in the project. A copy of any such agreement shall be delivered
    17  to each affected tax jurisdiction within fifteen  days  of  signing  the
    18  agreement.  In  the  absence  of any such written agreement, payments in
    19  lieu of taxes  made  by  an  agency  shall  be  allocated  in  the  same
    20  proportions  as  they  had been prior to January first, nineteen hundred
    21  ninety-three for so long as the agency's  activities  render  a  project
    22  non-taxable by affected tax jurisdictions. A notification of the expira-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05833-02-1
        S. 4471--A                          2

     1  tion  of such agreement shall be delivered to the affected tax jurisdic-
     2  tion two years prior to the expiration of such agreement and immediately
     3  upon early termination of an agreement;
     4    §  2. Subdivision 14 of section 1953 of the public authorities law, as
     5  added by chapter 356 of the laws of 1993, is amended to read as follows:
     6    14. To enter into agreements requiring payments in lieu of taxes. Such
     7  agreements shall be in writing and in  addition  to  other  terms  shall
     8  contain: the amount due annually to each affected tax jurisdiction (or a
     9  formula by which the amount due can be calculated), the name and address
    10  of the person, office or agency to which payment shall be delivered, the
    11  date on which payment shall be made, and the date on which payment shall
    12  be  considered  delinquent  if  not paid. Unless otherwise agreed by the
    13  affected tax  jurisdictions,  any  such  agreement  shall  provide  that
    14  payments  in  lieu of taxes shall be allocated among affected tax juris-
    15  dictions in proportion to the amount of  real  property  tax  and  other
    16  taxes  which  would have been received by each affected tax jurisdiction
    17  had the project not been tax exempt due to the status of  the  authority
    18  involved in the project. A copy of any such agreement shall be delivered
    19  to  each  affected  tax  jurisdiction within fifteen days of signing the
    20  agreement. In the absence of any such  written  agreement,  payments  in
    21  lieu  of  taxes  made  by  an  agency  shall  be  allocated  in the same
    22  proportions as they had been prior to January  first,  nineteen  hundred
    23  ninety-three  for so long as the authority's activities render a project
    24  non-taxable by affected tax jurisdictions.  A notification of the  expi-
    25  ration  of  such agreement shall be delivered to the affected tax juris-
    26  diction two years prior to the expiration of such  agreement  and  imme-
    27  diately upon early termination of an agreement;
    28    §  3. Subdivision 14 of section 2306 of the public authorities law, as
    29  added by chapter 356 of the laws of 1993, is amended to read as follows:
    30    14. To enter into agreements requiring payments in lieu of taxes. Such
    31  agreements shall be in writing and in  addition  to  other  terms  shall
    32  contain: the amount due annually to each affected tax jurisdiction (or a
    33  formula by which the amount due can be calculated), the name and address
    34  of the person, office or agency to which payment shall be delivered, the
    35  date  on  which the payment shall be made, and the date on which payment
    36  shall be considered delinquent if not paid. Unless otherwise  agreed  by
    37  the  affected  tax  jurisdictions, any such agreement shall provide that
    38  payments in lieu of taxes shall be allocated among affected  tax  juris-
    39  dictions  in  proportion  to  the  amount of real property tax and other
    40  taxes which would have been received by each affected  tax  jurisdiction
    41  had  the  project  not  been  tax exempt due to the status of the agency
    42  involved in the project. A copy of any such agreement shall be delivered
    43  to each tax affected jurisdiction within fifteen  days  of  signing  the
    44  agreement.  In  the  absence  of any such written agreement, payments in
    45  lieu of taxes shall be allocated in the same  proportions  as  they  had
    46  been  prior  to January first, nineteen hundred ninety-three for so long
    47  as the authority's activities render a project non-taxable  by  affected
    48  tax  jurisdictions.  A  notification of the expiration of such agreement
    49  shall be delivered to the affected tax jurisdiction two years  prior  to
    50  the  expiration of such agreement and immediately upon early termination
    51  of an agreement;
    52    § 4. This act shall take effect on the sixtieth  day  after  it  shall
    53  have become a law.