Bill Text: NY S03887 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Requires signatures of chief executives of the villages of Hempstead, Garden City 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 (Republican 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO LOCAL GOVERNMENT [S03887 Detail]

Download: New_York-2011-S03887-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3887
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     March 8, 2011
                                      ___________
       Introduced  by  Sen.  HANNON -- 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, 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, THE VILLAGE
    7  OF GARDEN CITY OR THE VILLAGE OF HEMPSTEAD, THE WRITTEN CONSENT  OF  THE
    8  CHIEF  EXECUTIVE OFFICER OF THE AFFECTED VILLAGE SHALL BE OBTAINED.  THE
    9  AGENCY SHALL ALSO OBTAIN THE APPROVAL, BY THREE-FIFTHS MAJORITY, OF  THE
   10  VILLAGE  GOVERNING  BODY  PRIOR TO ANY PILOT AGREEMENT BEING APPROVED BY
   11  THE AGENCY FOR A PROJECT LOCATED IN THE VILLAGE OF FREEPORT, THE VILLAGE
   12  OF GARDEN CITY OR THE VILLAGE OF  HEMPSTEAD.  IN  ADDITION,  THE  AGENCY
   13  SHALL  OBTAIN  AN IMPACT ANALYSIS TO DETERMINE THE IMPACT ON THE VILLAGE
   14  OF THE PROJECT AND THE PLANNED PILOT AGREEMENT. THE APPLICANT  FOR  SUCH
   15  PILOT  AGREEMENT  SHALL  BEAR  THE  COSTS RELATED TO THE REQUIRED IMPACT
   16  ANALYSIS. THE AGENCY AND THE VILLAGE GOVERNING BODY SHALL JOINTLY SELECT
   17  A QUALIFIED ENTITY TO CONDUCT THE IMPACT ANALYSIS. THE MEMBERSHIP OF THE
   18  AGENCY, WHEN REVIEWING APPLICATIONS AND APPROVING PILOT  AGREEMENTS  FOR
   19  PROJECTS  LOCATED IN THE VILLAGE OF FREEPORT, THE VILLAGE OF GARDEN CITY
   20  OR THE VILLAGE OF HEMPSTEAD, SHALL INCLUDE AT LEAST ONE MEMBER  OF  SUCH
   21  VILLAGE'S  GOVERNING BODY AND AT LEAST THREE AT LARGE MEMBERS DRAWN FROM
   22  A CROSS SECTION OF THE VILLAGE COMMUNITY.
   23    3. THE AGENCY SHALL REVIEW ANY PILOT AGREEMENT FOR A  PROJECT  LOCATED
   24  IN THE VILLAGE OF FREEPORT, THE VILLAGE OF GARDEN CITY OR THE VILLAGE OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10080-01-1
       S. 3887                             2
    1  HEMPSTEAD  AFTER  THE  THIRD YEAR OF ENTERING INTO SUCH PILOT AGREEMENT,
    2  AND EVERY THIRD YEAR THEREAFTER, AND ADJUST THE PILOT AGREEMENT  ACCORD-
    3  INGLY  BASED  ON CHANGES TO THE ASSESSED VALUE AND TAX RATE OF ALL OTHER
    4  REAL PROPERTIES LOCATED IN SUCH VILLAGES.
    5    4. A PILOT AGREEMENT FOR A PROJECT LOCATED IN THE VILLAGE OF FREEPORT,
    6  THE  VILLAGE  OF  GARDEN  CITY  OR THE VILLAGE OF HEMPSTEAD SHALL NOT BE
    7  RENEWED OR RENEGOTIATED UNTIL A FULL AUDIT HAS  BEEN  COMPLETED  OF  THE
    8  ACCOUNTS OF THE PARTY OBLIGATED TO MAKE PAYMENTS IN LIEU OF TAXES PURSU-
    9  ANT  TO  THE PILOT AGREEMENT WITH THE AGENCY. THE AGENCY AND THE VILLAGE
   10  GOVERNING BODY SHALL JOINTLY CHOOSE A QUALIFIED ENTITY TO  CONDUCT  SUCH
   11  AUDIT.    THE  PARTY THAT IS OBLIGATED TO MAKE PAYMENTS IN LIEU OF TAXES
   12  PURSUANT TO THE PILOT AGREEMENT WITH THE AGENCY SHALL BEAR THE COSTS  OF
   13  PREPARING  SUCH  AUDIT.  THE  VILLAGE OF FREEPORT, THE VILLAGE OF GARDEN
   14  CITY OR THE VILLAGE OF HEMPSTEAD MAY REQUEST  FROM  THE  OFFICE  OF  THE
   15  STATE  COMPTROLLER  AN AUDIT OR REVIEW OF THE AUDIT PRIOR TO THE RENEWAL
   16  OR RENEGOTIATION OF A PILOT AGREEMENT  FOR  A  PROJECT  LOCATED  IN  THE
   17  VILLAGE  OF FREEPORT, THE VILLAGE OF GARDEN CITY OR THE VILLAGE OF HEMP-
   18  STEAD.
   19    S 2. The opening paragraph of section 922  of  the  general  municipal
   20  law, as amended by chapter 474 of the laws of 1988, is designated subdi-
   21  vision  1  and  three  new  subdivisions 2, 3 and 4 are added to read as
   22  follows:
   23    2. PRIOR TO THE APPROVAL OF ANY APPLICATION FOR A PAYMENT IN  LIEU  OF
   24  TAXES  (HEREINAFTER REFERRED TO IN THIS SECTION AS "PILOT") AGREEMENT BY
   25  THE AGENCY FOR A PROJECT LOCATED IN THE VILLAGE OF FREEPORT, THE VILLAGE
   26  OF GARDEN CITY OR THE VILLAGE OF HEMPSTEAD, THE WRITTEN CONSENT  OF  THE
   27  CHIEF  EXECUTIVE OFFICER OF THE AFFECTED VILLAGE SHALL BE OBTAINED.  THE
   28  AGENCY SHALL ALSO OBTAIN THE APPROVAL, BY THREE-FIFTHS MAJORITY, OF  THE
   29  VILLAGE  GOVERNING  BODY  PRIOR TO ANY PILOT AGREEMENT BEING APPROVED BY
   30  THE AGENCY FOR A PROJECT LOCATED IN THE VILLAGE OF FREEPORT, THE VILLAGE
   31  OF GARDEN CITY OR THE VILLAGE OF  HEMPSTEAD.  IN  ADDITION,  THE  AGENCY
   32  SHALL  OBTAIN  AN IMPACT ANALYSIS TO DETERMINE THE IMPACT ON THE VILLAGE
   33  OF THE PROJECT AND THE PLANNED PILOT AGREEMENT. THE APPLICANT  FOR  SUCH
   34  PILOT  AGREEMENT  SHALL  BEAR  THE  COSTS RELATED TO THE REQUIRED IMPACT
   35  ANALYSIS. THE AGENCY AND THE VILLAGE GOVERNING BODY SHALL JOINTLY SELECT
   36  A QUALIFIED ENTITY TO CONDUCT THE IMPACT ANALYSIS. THE MEMBERSHIP OF THE
   37  AGENCY, WHEN REVIEWING APPLICATIONS AND APPROVING PILOT  AGREEMENTS  FOR
   38  PROJECTS  LOCATED IN THE VILLAGE OF FREEPORT, THE VILLAGE OF GARDEN CITY
   39  OR THE VILLAGE OF HEMPSTEAD, SHALL INCLUDE AT LEAST ONE MEMBER  OF  SUCH
   40  VILLAGE'S  GOVERNING BODY AND AT LEAST THREE AT LARGE MEMBERS DRAWN FROM
   41  A CROSS SECTION OF THE VILLAGE COMMUNITY.
   42    3. THE AGENCY SHALL REVIEW ANY PILOT AGREEMENT FOR A  PROJECT  LOCATED
   43  IN THE VILLAGE OF FREEPORT, THE VILLAGE OF GARDEN CITY OR THE VILLAGE OF
   44  HEMPSTEAD  AFTER  THE  THIRD YEAR OF ENTERING INTO SUCH PILOT AGREEMENT,
   45  AND EVERY THIRD YEAR THEREAFTER, AND ADJUST THE PILOT AGREEMENT  ACCORD-
   46  INGLY  BASED  ON CHANGES TO THE ASSESSED VALUE AND TAX RATE OF ALL OTHER
   47  REAL PROPERTIES LOCATED IN SUCH VILLAGES.
   48    4. A PILOT AGREEMENT FOR A PROJECT LOCATED IN THE VILLAGE OF FREEPORT,
   49  THE VILLAGE OF GARDEN CITY OR THE VILLAGE  OF  HEMPSTEAD  SHALL  NOT  BE
   50  RENEWED  OR  RENEGOTIATED  UNTIL  A FULL AUDIT HAS BEEN COMPLETED OF THE
   51  ACCOUNTS OF THE PARTY OBLIGATED TO MAKE PAYMENTS IN LIEU OF TAXES PURSU-
   52  ANT TO THE PILOT AGREEMENT WITH THE AGENCY. THE AGENCY AND  THE  VILLAGE
   53  GOVERNING  BODY  SHALL JOINTLY CHOOSE A QUALIFIED ENTITY TO CONDUCT SUCH
   54  AUDIT.  THE PARTY THAT IS OBLIGATED TO MAKE PAYMENTS IN  LIEU  OF  TAXES
   55  PURSUANT  TO THE PILOT AGREEMENT WITH THE AGENCY SHALL BEAR THE COSTS OF
   56  PREPARING SUCH AUDIT. THE VILLAGE OF FREEPORT,  THE  VILLAGE  OF  GARDEN
       S. 3887                             3
    1  CITY  OR  THE  VILLAGE  OF  HEMPSTEAD MAY REQUEST FROM THE OFFICE OF THE
    2  STATE COMPTROLLER AN AUDIT OR REVIEW OF THE AUDIT PRIOR TO  THE  RENEWAL
    3  OR  RENEGOTIATION  OF  A  PILOT  AGREEMENT  FOR A PROJECT LOCATED IN THE
    4  VILLAGE  OF FREEPORT, THE VILLAGE OF GARDEN CITY OR THE VILLAGE OF HEMP-
    5  STEAD.
    6    S 3. This act shall take effect immediately.