Bill Text: NY A00977 | 2023-2024 | General Assembly | Introduced


Bill Title: Relates to notice procedures prior to approval of projects by industrial development agencies; includes electronic correspondence with read-receipts.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-03-03 - signed chap.32 [A00977 Detail]

Download: New_York-2023-A00977-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           977

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 11, 2023
                                       ___________

        Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
          tee on Local Governments

        AN ACT to amend the general municipal law  and  the  public  authorities
          law, in relation to notice procedures prior to approval of projects by
          industrial development agencies

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

     1    Section 1. Subdivision 1-a of section 859-a of the  general  municipal
     2  law,  as  added  by  a  chapter of the laws of 2022 amending the general
     3  municipal law and the  public  authorities  law  relating  to  requiring
     4  notice  and  confirmation of such notice by affected local taxing juris-
     5  dictions and school districts prior to approval of  projects  by  indus-
     6  trial  development agencies, as proposed in legislative bills numbers S.
     7  3256 and A. 10056, is amended and a new subdivision 7 is added  to  read
     8  as follows:
     9    1-a.  The agency shall deliver a copy of the resolution adopted pursu-
    10  ant to subdivision one of this section by certified mail, return receipt
    11  requested or an electronic correspondence with a  read-receipt,  to  the
    12  chief executive officer of each affected local taxing jurisdiction. When
    13  the  affected local taxing jurisdiction is a school district, the agency
    14  shall deliver a copy  of  such  resolution  by  certified  mail,  return
    15  receipt  requested  or an electronic correspondence with a read-receipt,
    16  to the [school board] district clerk and district superintendent of each
    17  affected school district.
    18    7. Each agency shall establish a procedure  for  compliance  with  the
    19  notification  requirements, including identification of the notification
    20  method, under subdivision one-a of this section  and  paragraph  (b)  of
    21  subdivision four of section eight hundred seventy-four of this title.
    22    §  2.  Paragraph  (b)  of  subdivision 4 of section 874 of the general
    23  municipal law, as amended by a chapter of the laws of 2022 amending  the
    24  general municipal law and the public authorities law relating to requir-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04215-01-3

        A. 977                              2

     1  ing  notice  and  confirmation  of  such notice by affected local taxing
     2  jurisdictions and school districts prior  to  approval  of  projects  by
     3  industrial  development  agencies,  as  proposed  in  legislative  bills
     4  numbers S. 3256 and A. 10056, is amended to read as follows:
     5    (b)  The  agency  shall  establish  a procedure for deviation from the
     6  uniform tax exemption policy required pursuant to this subdivision.  The
     7  agency  shall  set  forth in writing the reasons for deviation from such
     8  policy, and shall further  notify  by  certified  mail,  return  receipt
     9  requested  or  an  electronic  correspondence  with  a read-receipt, the
    10  affected local taxing jurisdictions of the proposed deviation from  such
    11  policy  and the reasons therefor.  When the affected local taxing juris-
    12  diction is a school district, the agency shall notify by certified mail,
    13  return receipt requested or an electronic correspondence with a read-re-
    14  ceipt, the [school board] district clerk and district superintendent  of
    15  each affected school district.
    16    §  3. Subdivision 1-a of section 1953-a of the public authorities law,
    17  as added by a chapter of the laws of 2022 amending the general municipal
    18  law and the public authorities law  relating  to  requiring  notice  and
    19  confirmation  of  such notice by affected local taxing jurisdictions and
    20  school districts prior to approval of projects by industrial development
    21  agencies, as proposed in legislative bills numbers S. 3256 and A. 10056,
    22  is amended and a new subdivision 4 is added to read as follows:
    23    1-a. The authority shall deliver a  copy  of  the  resolution  adopted
    24  pursuant  to  subdivision  one of this section by certified mail, return
    25  receipt requested or an electronic correspondence with a  read  receipt,
    26  to  the  chief executive officer of each affected tax jurisdiction. When
    27  the affected tax jurisdiction is a school district, the authority  shall
    28  deliver  a  copy  of  such  resolution by certified mail, return receipt
    29  requested or an electronic correspondence with a  read-receipt,  to  the
    30  [school  board]  district  clerk  and  district  superintendent  of each
    31  affected school district.
    32    4. The authority shall establish a procedure for compliance  with  the
    33  notification  requirements, including identification of the notification
    34  method, under subdivision one-a of this section and subdivision  two  of
    35  section nineteen hundred sixty-three-a of this title.
    36    § 4. Subdivision 2 of section 1963-a of the public authorities law, as
    37  amended  by a chapter of the laws of 2022 amending the general municipal
    38  law and the public authorities law  relating  to  requiring  notice  and
    39  confirmation  of  such notice by affected local taxing jurisdictions and
    40  school districts prior to approval of projects by industrial development
    41  agencies, as proposed in legislative bills numbers S. 3256 and A. 10056,
    42  is amended to read as follows:
    43    2. The authority shall establish a procedure for  deviation  from  the
    44  uniform  tax  exemption  policy  required  pursuant to this section. The
    45  authority shall set forth in writing the reasons for deviation from such
    46  policy, and shall further  notify  by  certified  mail,  return  receipt
    47  requested  or  an  electronic  correspondence  with  a read-receipt, the
    48  affected tax jurisdictions of the proposed deviation  from  such  policy
    49  and  the  reasons  therefor.    When  the affected tax jurisdiction is a
    50  school district, the authority shall notify by  certified  mail,  return
    51  receipt  requested  or an electronic correspondence with a read-receipt,
    52  the [school board] district clerk and district  superintendent  of  each
    53  affected school district.
    54    § 5. Subdivision 1-a of section 2307 of the public authorities law, as
    55  added  by  a  chapter of the laws of 2022 amending the general municipal
    56  law and the public authorities law  relating  to  requiring  notice  and

        A. 977                              3

     1  confirmation  of  such notice by affected local taxing jurisdictions and
     2  school districts prior to approval of projects by industrial development
     3  agencies, as proposed in legislative bills numbers S. 3256 and A. 10056,
     4  is amended and a new subdivision 4 is added to read as follows:
     5    1-a.  The  authority  shall  deliver  a copy of the resolution adopted
     6  pursuant to subdivision one of this section by  certified  mail,  return
     7  receipt  requested  or an electronic correspondence with a read-receipt,
     8  to the chief executive officer of each affected tax  jurisdiction.  When
     9  the  affected tax jurisdiction is a school district, the authority shall
    10  deliver a copy of such resolution  by  certified  mail,  return  receipt
    11  requested  or  an  electronic correspondence with a read-receipt, to the
    12  [school board]  district  clerk  and  district  superintendent  of  each
    13  affected school district.
    14    4.  The  authority shall establish a procedure for compliance with the
    15  notification requirements, including identification of the  notification
    16  method,  of  subdivision  one-a  of  this section and subdivision two of
    17  section twenty-three hundred fifteen of this title.
    18    § 6. Subdivision 2 of section 2315 of the public authorities  law,  as
    19  amended  by a chapter of the laws of 2022 amending the general municipal
    20  law and the public authorities law  relating  to  requiring  notice  and
    21  confirmation  of  such notice by affected local taxing jurisdictions and
    22  school districts prior to approval of projects by industrial development
    23  agencies, as proposed in legislative bills numbers S. 3256 and A. 10056,
    24  is amended to read as follows:
    25    2. The authority shall establish a procedure for  deviation  from  the
    26  uniform  tax  exemption  policy  required  pursuant to this section. The
    27  authority shall set forth in writing the reasons for deviation from such
    28  policy, and shall further  notify  by  certified  mail,  return  receipt
    29  requested  or  an  electronic  correspondence  with  a read-receipt, the
    30  affected local taxing jurisdictions of the proposed deviation from  such
    31  policy and the reasons therefor. When the affected tax jurisdiction is a
    32  school  district,  the  authority shall notify by certified mail, return
    33  receipt requested or an electronic correspondence with  a  read-receipt,
    34  the  [school  board]  district clerk and district superintendent of each
    35  affected school district.
    36    § 7. This act shall take effect on the  same  date  and  in  the  same
    37  manner  as  a chapter of the laws of 2022 amending the general municipal
    38  law and the public authorities law  relating  to  requiring  notice  and
    39  confirmation  of  such notice by affected local taxing jurisdictions and
    40  school districts prior to approval of projects by industrial development
    41  agencies, as proposed in legislative bills numbers S. 3256 and A. 10056,
    42  takes effect.
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