STATE OF NEW YORK
        ________________________________________________________________________

                                         4720--B

                               2019-2020 Regular Sessions

                    IN SENATE

                                     March 21, 2019
                                       ___________

        Introduced  by Sens. MAYER, SKOUFIS, BIAGGI, HARCKHAM, KRUEGER, METZGER,
          STAVISKY -- read twice and ordered printed, and  when  printed  to  be
          committed  to  the Committee on Local Government -- recommitted to the
          Committee on Local Government in accordance with Senate Rule 6, sec. 8
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and  recommitted  to  said  committee  --  committee  discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        AN  ACT  to  amend  the general municipal law, in relation to industrial
          development agencies

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

     1    Section  1.  Section  854  of  the general municipal law is amended by
     2  adding a new subdivision 21 to read as follows:
     3    (21) "Labor organization" -- shall mean any organization which  exists
     4  and  is  constituted for the purpose, in whole or in part, of collective
     5  bargaining, or of dealing with employers concerning grievances, terms or
     6  conditions of employment, or of other mutual aid or protection and which
     7  is not a company union.
     8    § 2. Subdivision 2 of section 856 of the  general  municipal  law,  as
     9  amended  by  chapter  356  of  the  laws  of 1993, is amended to read as
    10  follows:
    11    2. An agency shall be a corporate governmental agency, constituting  a
    12  public  benefit corporation. Except as otherwise provided by special act
    13  of the legislature, an agency shall consist of not less than  three  nor
    14  more  than seven members who shall be appointed by the governing body of
    15  each municipality and who shall serve at the pleasure of the  appointing
    16  authority.  Such  members [may] shall include [representatives] at least
    17  one representative of [local government, school boards, organized  labor
    18  and  business]  a  local  labor organization. A member shall continue to
    19  hold office until his successor is  appointed  and  has  qualified.  The

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10067-08-0

        S. 4720--B                          2

     1  governing  body  of each municipality shall designate the first chairman
     2  and file with the secretary of state a  certificate  of  appointment  or
     3  reappointment  of any member. Such members shall receive no compensation
     4  for  their  services  but  shall  be entitled to the necessary expenses,
     5  including traveling expenses, incurred in the discharge of their duties.
     6    § 3. Section 859-a of the general municipal law, as added  by  chapter
     7  356  of the laws of 1993 and subdivisions 4, 5 and 6 as added by chapter
     8  563 of the laws of 2015, is amended to read as follows:
     9    § 859-a. Additional  prerequisites  to  the  provisions  of  financial
    10  assistance  or  payments in lieu of taxes. Prior to providing any finan-
    11  cial assistance or payments in lieu of taxes of more  than  one  hundred
    12  thousand dollars to any project, the agency must comply with the follow-
    13  ing prerequisites:
    14    1.  The  agency must adopt a resolution describing the project and the
    15  financial assistance or payments in lieu of taxes  that  the  agency  is
    16  contemplating  with respect to such project. Such assistance or payments
    17  in lieu of taxes shall be consistent  with  the  uniform  tax  exemption
    18  policy  adopted  by  the  agency pursuant to subdivision four of section
    19  eight hundred seventy-four of this [chapter] title,  unless  the  agency
    20  has  followed the procedures for deviation from such policy specified in
    21  paragraph (b) of such subdivision.
    22    2. The agency must hold a public hearing with respect to  the  project
    23  and the proposed financial assistance or payments in lieu of taxes being
    24  contemplated by the agency. Said public hearing shall be held in a city,
    25  town  or  village  where  the project proposes to locate. At said public
    26  hearing, interested parties shall be  provided  reasonable  opportunity,
    27  both  orally  and in writing, to present their views with respect to the
    28  project.
    29    3. The agency must give at least ten days  published  notice  of  said
    30  public hearing and shall, at the same time, provide notice of such hear-
    31  ing  to  the  chief  executive officer of each affected tax jurisdiction
    32  within which the project is located, each  school  board  president  and
    33  superintendent  of  each  school  district  within  which the project is
    34  located, and to all state senators and members of the state assembly who
    35  represent any portion of any affected tax jurisdiction that  is  subject
    36  to  the  proposed financial assistance or payments in lieu of taxes. The
    37  notice of hearing must state the time and place of the hearing,  contain
    38  a  general, functional description of the project, describe the prospec-
    39  tive location of the project, identify the initial  owner,  operator  or
    40  manager  of  the project and generally describe the financial assistance
    41  or payments in lieu of taxes contemplated by the agency with respect  to
    42  the project.
    43    4.  Each agency shall develop a standard application form, which shall
    44  be used by the agency to accept requests  for  financial  assistance  or
    45  payments in lieu of taxes from all individuals, firms, companies, devel-
    46  opers  or other entities or organizations. The standard application form
    47  shall be submitted by or on behalf of the applicant, and subscribed  and
    48  affirmed  under  the penalties of perjury by the applicant, or on behalf
    49  of the applicant by the chief executive officer or such other individual
    50  that is duly authorized to bind the applicant,  as  true,  accurate  and
    51  complete  to  the best of his or her knowledge. The standard application
    52  form shall include the following, and may  include  such  other  supple-
    53  mental  information as determined to be necessary and appropriate by the
    54  agency, including supporting documents and information provided by or on
    55  behalf of the applicant:
    56    (a) the name and address of the project applicant;

        S. 4720--B                          3

     1    (b) a description of the proposed project for which financial  assist-
     2  ance  or  payments  in lieu of taxes is requested, including the type of
     3  project, proposed location and purpose of the project;
     4    (c) the amount and type of financial assistance or payments in lieu of
     5  taxes being requested, including the estimated value of each type of tax
     6  exemption  sought  to  be claimed by reason of agency involvement in the
     7  project;
     8    (d) a statement that there is a likelihood that the project would  not
     9  be  undertaken  but  for the financial assistance or payments in lieu of
    10  taxes provided by the agency or, if  the  project  could  be  undertaken
    11  without  financial  assistance  or payments in lieu of taxes provided by
    12  the agency, a statement indicating why the project should be  undertaken
    13  by the agency;
    14    (e)  an  estimate of capital costs of the project, including all costs
    15  of real property and equipment acquisition and building construction  or
    16  reconstruction, financed from private sector sources, an estimate of the
    17  percentage  of project costs financed from public sector sources, and an
    18  estimate of both the amount to be invested  by  the  applicant  and  the
    19  amount to be borrowed to finance the project[.];
    20    (f)  the  projected  number of full time equivalent jobs that would be
    21  retained and that would be created if the request for financial  assist-
    22  ance  or  payments  in lieu of taxes is granted, the projected timeframe
    23  for the creation of new jobs, the estimated salary  and  fringe  benefit
    24  averages  or ranges for categories of the jobs that would be retained or
    25  created if the request for financial assistance or payments in  lieu  of
    26  taxes  is  granted,  and  an  estimate of the number of residents of the
    27  economic development region  as  established  pursuant  to  section  two
    28  hundred  thirty of the economic development law or the labor market area
    29  as defined by the agency, in which the project  is  located  that  would
    30  fill  such  jobs.  The  labor market area defined by the agency for this
    31  purpose may include no more than six contiguous counties in  the  state,
    32  including the county in which the project is to be located;
    33    (g)  a  statement to the effect that the provisions of subdivision one
    34  of section eight hundred sixty-two of this [chapter] title will  not  be
    35  violated  if  financial  assistance  or  payments  in  lieu  of taxes is
    36  provided for the proposed project;
    37    (h) a statement that the owner, occupant or operator receiving  finan-
    38  cial  assistance  or payments in lieu of taxes is in substantial compli-
    39  ance with applicable local, state and federal tax, worker protection and
    40  environmental laws, rules and regulations; and
    41    (i) a statement acknowledging that the  submission  of  any  knowingly
    42  false  or  knowingly  misleading  information  may lead to the immediate
    43  termination of any financial assistance or payments in lieu of taxes and
    44  the reimbursement of  an  amount  equal  to  all  or  part  of  any  tax
    45  exemptions claimed by reason of agency involvement in the project.
    46    5.  Each agency shall develop, and adopt by resolution, uniform crite-
    47  ria for the evaluation and selection for each category of  projects  for
    48  which  financial  assistance  or  payments  in  lieu  of  taxes  will be
    49  provided. At a minimum,  the  criteria  shall  require  that,  for  each
    50  project, the following must occur prior to the approval of the provision
    51  of financial assistance or payments in lieu of taxes:
    52    (a)  an  assessment by the agency of all material information included
    53  in connection with the application for financial assistance or  payments
    54  in  lieu  of  taxes,  as  necessary to afford a reasonable basis for the
    55  decision by the agency to provide financial assistance  or  payments  in
    56  lieu of taxes for the project;

        S. 4720--B                          4

     1    (b)  a written cost-benefit analysis by the agency that identifies the
     2  extent to which a project  will  create  or  retain  permanent,  private
     3  sector  jobs;  the estimated value of any tax exemptions to be provided;
     4  the amount of private sector investment generated or likely to be gener-
     5  ated  by  the  proposed  project;  the  likelihood  of accomplishing the
     6  proposed project in a timely  fashion;  and  the  extent  to  which  the
     7  proposed  project will provide additional sources of revenue for munici-
     8  palities and school districts; and any other public benefits that  might
     9  occur as a result of the project;
    10    (c)  a  statement by the applicant that the project, as of the date of
    11  the application, is in substantial compliance  with  all  provisions  of
    12  this  article  including,  but  not  limited  to, the provisions of this
    13  section and subdivision one of section eight hundred sixty-two  of  this
    14  [chapter] title; and
    15    (d)  if  the project involves the removal or abandonment of a facility
    16  or plant within the state, notification by the agency to the chief exec-
    17  utive officer or officers of the municipality or municipalities in which
    18  the facility or plant was located.
    19    6. Each agency shall develop a uniform agency project  agreement  that
    20  sets  forth  terms  and  conditions  under which financial assistance or
    21  payments in lieu of taxes shall be provided. The uniform agency  project
    22  agreement  shall  be  used  by the agency and no financial assistance or
    23  payments in lieu of taxes shall  be  provided  in  the  absence  of  the
    24  execution  of  such  an  agreement. The uniform agency project agreement
    25  shall, at a minimum:
    26    (a) describe the project and the financial assistance or  payments  in
    27  lieu  of  taxes,  including the amount and type, to be provided, and the
    28  agency purpose to be achieved;
    29    (b) require each project owner, occupant or operator receiving  finan-
    30  cial  benefits or payments in lieu of taxes to provide annually a certi-
    31  fied statement and documentation:  (i) enumerating the full time  equiv-
    32  alent  jobs  retained  and  the  full  time equivalent jobs created as a
    33  result of the financial assistance or payments  in  lieu  of  taxes,  by
    34  category,  including  full  time  equivalent  independent contractors or
    35  employees of independent contractors that work at the project  location,
    36  and (ii) indicating that the salary and fringe benefit averages or rang-
    37  es for categories of jobs retained and jobs created that was provided in
    38  the  application  is  still  accurate  and  if it is not still accurate,
    39  providing a revised list of salary and fringe benefit averages or ranges
    40  for categories of jobs retained and jobs created[.];
    41    (c) indicate the dates when PILOT payments are to be made and  provide
    42  an  estimate  of  the  amounts for each affected tax jurisdiction of any
    43  payments in lieu of taxes that are included as part of the  transaction,
    44  or formula or formulas by which those amounts may be calculated. In lieu
    45  of  providing such information, a copy of an executed payment in lieu of
    46  tax agreement that contains the same information may be attached to  the
    47  uniform agency project agreement;
    48    (e)  provide for the suspension or discontinuance of financial assist-
    49  ance or payments in lieu of  taxes,  or  for  the  modification  of  any
    50  payment  in  lieu  of  tax  agreement  to require increased payments, in
    51  accordance with policies developed by the  agency  pursuant  to  section
    52  eight hundred seventy-four of this title;
    53    (f)  provide  for the return of all or a part of the financial assist-
    54  ance or payments in lieu of taxes provided for  the  project,  including
    55  all  or  part of the amount of any tax exemptions, which shall be redis-
    56  tributed to the appropriate affected tax jurisdiction, as  provided  for

        S. 4720--B                          5

     1  in  policies  developed  by the agency pursuant to section eight hundred
     2  seventy-four of this title, unless agreed  to  otherwise  by  any  local
     3  taxing jurisdiction or jurisdictions; and
     4    (g)  provide  that the owner, occupant or operator receiving financial
     5  assistance or payments in lieu of taxes shall certify, under penalty  of
     6  perjury,  that it is in substantial compliance with all local, state and
     7  federal tax, worker protection and environmental laws, rules  and  regu-
     8  lations.
     9    §  4.  The  general  municipal  law is amended by adding a new section
    10  859-c to read as follows:
    11    § 859-c. Notice of agenda. A printed calendar of items  to  be  heard,
    12  which  may be subject to later amendment, shall be made available to the
    13  public and forwarded to the  members  and  chairman  of  the  industrial
    14  development  agency at least three days in advance of the meeting. Where
    15  an industrial development agency maintains  a  website,  the  notice  of
    16  agenda  shall  also  be  posted  on such industrial development agency's
    17  website.
    18    § 5. The general municipal law is amended  by  adding  a  new  section
    19  859-d to read as follows:
    20    §  859-d. School board reporting. Every industrial development agency,
    21  continued or created by this chapter or any other law of the state shall
    22  submit to the local school board president and superintendent or  boards
    23  presidents  and  superintendents overlapping with an industrial develop-
    24  ment agency, within ninety days after the end of its fiscal year, a copy
    25  of the final report required by subdivision two of section  twenty-eight
    26  hundred  of the public authorities law and the audits required by subdi-
    27  vision two of section twenty-eight hundred two of the public authorities
    28  law.
    29    § 6. This act shall take effect immediately.