Bill Text: NY S05609 | 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 3-0)

Status: (Passed) 2019-10-23 - signed chap.386 [S05609 Detail]

Download: New_York-2019-S05609-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5609
                               2019-2020 Regular Sessions
                    IN SENATE
                                       May 8, 2019
                                       ___________
        Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government
        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
    22  project; the demonstrated public support for the proposed  project;  the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04961-01-9

        S. 5609                             2
     1  likelihood  of  accomplishing  the proposed project in a timely fashion;
     2  the effect of the proposed project upon the environment; the  extent  to
     3  which  the  project  will utilize, to the fullest extent practicable and
     4  economically  feasible,  resource conservation, energy efficiency, green
     5  technologies, and alternative and renewable energy measures; the  extent
     6  to  which  the proposed project will require the provision of additional
     7  services, including, but not limited to additional  educational,  trans-
     8  portation, police, emergency medical or fire services; and the extent to
     9  which  the  proposed  project will provide additional sources of revenue
    10  for municipalities and school districts.
    11    § 2. Subdivision 1 of section 1963-a of the public authorities law, as
    12  amended by chapter 357 of the laws  of  1993,  is  amended  to  read  as
    13  follows:
    14    1.  The authority shall establish a uniform tax exemption policy, with
    15  input from affected local taxing jurisdictions, which shall be  applica-
    16  ble  to  provisions of financial assistance pursuant to section nineteen
    17  hundred fifty-three-a of this [chapter] title and shall  provide  guide-
    18  lines  for  the claiming of real property, mortgage recording, and sales
    19  tax exemptions. Such guidelines shall include, but not  be  limited  to:
    20  period  of  exemption;  percentage  of  exemption; types of projects for
    21  which exemptions can be claimed; procedures  for  payments  in  lieu  of
    22  taxes  and  instances  in  which  real  property  appraisals  are  to be
    23  performed as a part of an application for tax  exemption;  in  addition,
    24  the authority in adopting such policy shall consider such issues as: the
    25  extent  to  which  a  project  will  create or retain permanent, private
    26  sector jobs; the estimated value of any tax exemption  to  be  provided;
    27  whether  affected  tax jurisdictions should be reimbursed by the project
    28  occupant if a project  does  not  fulfill  the  purposes  for  which  an
    29  exemption was provided; the impact of a proposed project on existing and
    30  proposed  businesses  and economic development projects in the vicinity;
    31  the amount of private sector investment generated or likely to be gener-
    32  ated by the proposed project; the demonstrated public  support  for  the
    33  proposed  project;  the likelihood of accomplishing the proposed project
    34  in a timely fashion; the effect of the proposed project upon  the  envi-
    35  ronment;  the  extent  to which the project will utilize, to the fullest
    36  extent practicable and  economically  feasible,  resource  conservation,
    37  energy  efficiency,  green  technologies,  and alternative and renewable
    38  energy measures; the extent to which the proposed project  will  require
    39  the  provision  of  additional  services,  including, but not limited to
    40  additional educational, transportation,  police,  emergency  medical  or
    41  fire services; and the extent to which the proposed project will provide
    42  additional sources or revenue for municipalities and school districts.
    43    §  3.  Subdivision 1 of section 2315 of the public authorities law, as
    44  amended by chapter 357 of the laws  of  1993,  is  amended  to  read  as
    45  follows:
    46    1.  The authority shall establish a uniform tax exemption policy, with
    47  input from affected local taxing jurisdictions, which shall be  applica-
    48  ble  to  provisions  of financial assistance pursuant to section twenty-
    49  three hundred seven of this [chapter] title and shall provide guidelines
    50  for the claiming of real property, mortgage  recording,  and  sales  tax
    51  exemptions. Such guidelines shall include, but not be limited to: period
    52  of  exemption;  percentage  of  exemption;  types  of projects for which
    53  exemptions may be claimed; procedures for payments in lieu of taxes  and
    54  instances  in  which  real  property appraisals are to be performed as a
    55  part of an application for tax exemption; in addition, the authority  in
    56  adopting  such policy shall consider such issues as: the extent to which

        S. 5609                             3
     1  a project will create or retain  permanent,  private  sector  jobs;  the
     2  estimated  value  of  any tax exemption to be provided; whether affected
     3  tax jurisdictions should be reimbursed by  the  project  occupant  if  a
     4  project  does  not  fulfill  the  purposes  for  which  an exemption was
     5  provided; the impact of a proposed  project  on  existing  and  proposed
     6  businesses and economic development projects in the vicinity; the amount
     7  of  private sector investment generated or likely to be generated by the
     8  proposed project; the  demonstrated  public  support  for  the  proposed
     9  project; the likelihood of accomplishing the proposed project in a time-
    10  ly fashion; the effect of the proposed project upon the environment; the
    11  extent  to which the project will utilize, to the fullest extent practi-
    12  cable and economically feasible, resource conservation, energy efficien-
    13  cy, green technologies, and alternative and renewable  energy  measures;
    14  the  extent  to which the proposed project will require the provision of
    15  additional services, including, but not  limited  to  additional  educa-
    16  tional,  transportation, police, emergency medical or fire services; and
    17  the [extend] extent to which the proposed  project  will  provide  addi-
    18  tional sources of revenue for municipalities and school districts.
    19    § 4. This act shall take effect immediately.
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