S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  11451

                          I N  A S S E M B L Y

                              June 14, 2010
                               ___________

Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Calhoun) --
  read once and referred to the Committee on Local Governments

AN ACT to amend the general municipal law, in relation to  the  town  of
  Chester and the Orange county industrial agency

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  The opening paragraph of section 912 of the general munic-
ipal law, as amended by chapter 390 of the laws of 1972,  is  designated
subdivision 1 and three new subdivisions 2, 3 and 4 are added to read as
follows:
  2.  PRIOR  TO THE APPROVAL OF ANY APPLICATION FOR A PAYMENT IN LIEU OF
TAXES (PILOT) AGREEMENT BY THE AGENCY FOR A PROJECT LOCATED IN THE  TOWN
OF  CHESTER,  THE  WRITTEN CONSENT OF THE CHIEF EXECUTIVE OFFICER OF THE
AFFECTED TOWN SHALL BE OBTAINED.   THE  AGENCY  SHALL  ALSO  OBTAIN  THE
APPROVAL,  BY THREE-FIFTHS MAJORITY, OF THE TOWN GOVERNING BODY PRIOR TO
ANY PILOT AGREEMENT BEING APPROVED BY THE AGENCY FOR A  PROJECT  LOCATED
IN  THE  TOWN OF CHESTER. IN ADDITION, THE AGENCY SHALL OBTAIN AN IMPACT
ANALYSIS TO DETERMINE THE IMPACT ON THE TOWN  OF  THE  PROJECT  AND  THE
PLANNED  PILOT  AGREEMENT.  THE APPLICANT FOR SUCH PILOT AGREEMENT SHALL
BEAR THE COSTS RELATED TO THE REQUIRED IMPACT ANALYSIS. THE  AGENCY  AND
THE  TOWN  GOVERNING  BODY  SHALL  JOINTLY  SELECT A QUALIFIED ENTITY TO
CONDUCT THE IMPACT ANALYSIS. THE MEMBERSHIP OF THE AGENCY, WHEN  REVIEW-
ING  APPLICATIONS AND APPROVING PILOT AGREEMENTS FOR PROJECTS LOCATED IN
THE TOWN OF CHESTER, SHALL INCLUDE AT LEAST ONE MEMBER  OF  SUCH  TOWN'S
GOVERNING  BODY  AND  AT LEAST THREE AT LARGE MEMBERS DRAWN FROM A CROSS
SECTION OF THE TOWN COMMUNITY.
  3. THE AGENCY SHALL REVIEW ANY PILOT AGREEMENT FOR A  PROJECT  LOCATED
IN  THE TOWN OF CHESTER AFTER THE THIRD YEAR OF ENTERING INTO SUCH PILOT
AGREEMENT, AND EVERY THIRD YEAR THEREAFTER, AND ADJUST THE PILOT  AGREE-
MENT  ACCORDINGLY BASED ON CHANGES TO THE ASSESSED VALUE AND TAX RATE OF
ALL OTHER REAL PROPERTIES LOCATED IN SUCH TOWN.
  4. A PILOT AGREEMENT FOR A PROJECT LOCATED  IN  THE  TOWN  OF  CHESTER
SHALL  NOT  BE  RENEWED  OR RENEGOTIATED UNTIL A FULL FORENSIC AUDIT HAS
BEEN COMPLETED OF THE ACCOUNTS OF THE PARTY OBLIGATED TO  MAKE  PAYMENTS

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

                                                           LBD17714-01-0

A. 11451                            2

IN  LIEU  OF  TAXES PURSUANT TO THE PILOT AGREEMENT WITH THE AGENCY. THE
AGENCY AND THE TOWN GOVERNING BODY  SHALL  JOINTLY  CHOOSE  A  QUALIFIED
ENTITY  TO  CONDUCT SUCH FORENSIC AUDIT.  THE PARTY THAT IS OBLIGATED TO
MAKE  PAYMENTS IN LIEU OF TAXES PURSUANT TO THE PILOT AGREEMENT WITH THE
AGENCY SHALL BEAR THE COSTS OF PREPARING SUCH FORENSIC AUDIT.  THE  TOWN
OF CHESTER MAY REQUEST FROM THE OFFICE OF THE STATE COMPTROLLER AN AUDIT
OR REVIEW OF THE FORENSIC AUDIT PRIOR TO THE RENEWAL OR RENEGOTIATION OF
A PILOT AGREEMENT FOR A PROJECT LOCATED IN THE TOWN OF CHESTER.
  S 2. This act shall take effect immediately.