NY State Senate Bill 2011-S3887

Senate Bill S3887

2011-2012 Legislative Session

Requires signatures of mayors of the villages of Hempstead, Garden City and Freeport for payments in lieu of taxes from town of Hempstead and Nassau IDA's

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to local government
Mar 08, 2011	referred to local government

2011-S3887 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §§905 & 922, Gen Muni L
Versions Introduced in 2009-2010 Legislative Session:: S7157

2011-S3887 (ACTIVE) - Summary

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.

2011-S3887 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3887

TITLE OF BILL:
An act
to amend the general municipal law, in relation to
payments in lieu of taxes for projects approved by
the town of
Hempstead industrial development agency and the Nassau county
industrial agency

PURPOSE:
This legislation requires signatures for payments in lieu of taxes.

SUMMARY:
The written consent of the chief executive officer is required in any
PILOT prior to the approval of any application by the agency for a
project located in the village of Freeport, the village of Hempstead,
or the village of Garden City. The agency shall also obtain
three-fifths majority of the village governing body prior to any
PILOT agreement being approved.
The agency must also obtain an impact analysis to determine the impact
of the PILOT on the village of the project and the planned PILOT
agreement.

The applicant shall bear the cost related to the impact study. The
agency and the village governing body shall jointly select a

qualified entity to conduct the impact analysis. The agency's
membership shall include at least one member of the village's
governing body and at least three at large members from a cross
section of the community.

The agency shall review any PILOT agreement after the third year and
every third year thereafter, and adjust the PILOT agreement
accordingly based on changes to the assessed value and tax rate of
all other real properties.

A PILOT agreement for a project shall not be renewed or renegotiated
until a full forensic audit has been completed of the accounts of the
party obligated to make payments in lieu of taxes.

JUSTIFICATION:
The residents in local municipalities do not know, and have a right to
know that a PILOT means that their taxes will increase because the
developer is not paying taxes.

PRIOR LEGISLATIVE HISTORY:
S.7157-B Hannon/A.10033-C Hooper of 2009/2010

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S3887 (ACTIVE) - Bill Text download pdf

                            
                    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:

  Section 1. The opening paragraph of section 905 of the general munici-
pal  law 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  (HEREINAFTER REFERRED TO IN THIS SECTION AS "PILOT") AGREEMENT BY
THE AGENCY FOR A PROJECT LOCATED IN THE VILLAGE OF FREEPORT, THE VILLAGE
OF GARDEN CITY OR THE VILLAGE OF HEMPSTEAD, THE WRITTEN CONSENT  OF  THE
CHIEF  EXECUTIVE OFFICER OF THE AFFECTED VILLAGE SHALL BE OBTAINED.  THE
AGENCY SHALL ALSO OBTAIN THE APPROVAL, BY THREE-FIFTHS MAJORITY, OF  THE
VILLAGE  GOVERNING  BODY  PRIOR TO ANY PILOT AGREEMENT BEING APPROVED BY
THE AGENCY FOR A PROJECT LOCATED IN THE VILLAGE OF FREEPORT, THE VILLAGE
OF GARDEN CITY OR THE VILLAGE OF  HEMPSTEAD.  IN  ADDITION,  THE  AGENCY
SHALL  OBTAIN  AN IMPACT ANALYSIS TO DETERMINE THE IMPACT ON THE VILLAGE
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 VILLAGE GOVERNING BODY SHALL JOINTLY SELECT
A QUALIFIED ENTITY TO CONDUCT THE IMPACT ANALYSIS. THE MEMBERSHIP OF THE
AGENCY, WHEN REVIEWING APPLICATIONS AND APPROVING PILOT  AGREEMENTS  FOR
PROJECTS  LOCATED IN THE VILLAGE OF FREEPORT, THE VILLAGE OF GARDEN CITY
OR THE VILLAGE OF HEMPSTEAD, SHALL INCLUDE AT LEAST ONE MEMBER  OF  SUCH
VILLAGE'S  GOVERNING BODY AND AT LEAST THREE AT LARGE MEMBERS DRAWN FROM
A CROSS SECTION OF THE VILLAGE COMMUNITY.
  3. THE AGENCY SHALL REVIEW ANY PILOT AGREEMENT FOR A  PROJECT  LOCATED
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

HEMPSTEAD  AFTER  THE  THIRD YEAR OF ENTERING INTO SUCH PILOT AGREEMENT,
AND EVERY THIRD YEAR THEREAFTER, AND ADJUST THE PILOT AGREEMENT  ACCORD-
INGLY  BASED  ON CHANGES TO THE ASSESSED VALUE AND TAX RATE OF ALL OTHER
REAL PROPERTIES LOCATED IN SUCH VILLAGES.
  4. A PILOT AGREEMENT FOR A PROJECT LOCATED IN THE VILLAGE OF FREEPORT,
THE  VILLAGE  OF  GARDEN  CITY  OR THE VILLAGE OF HEMPSTEAD SHALL NOT BE
RENEWED OR RENEGOTIATED UNTIL A FULL AUDIT HAS  BEEN  COMPLETED  OF  THE
ACCOUNTS OF THE PARTY OBLIGATED TO MAKE PAYMENTS IN LIEU OF TAXES PURSU-
ANT  TO  THE PILOT AGREEMENT WITH THE AGENCY. THE AGENCY AND THE VILLAGE
GOVERNING BODY SHALL JOINTLY CHOOSE A QUALIFIED ENTITY TO  CONDUCT  SUCH
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  AUDIT.  THE  VILLAGE OF FREEPORT, THE VILLAGE OF GARDEN
CITY OR THE VILLAGE OF HEMPSTEAD MAY REQUEST  FROM  THE  OFFICE  OF  THE
STATE  COMPTROLLER  AN AUDIT OR REVIEW OF THE AUDIT PRIOR TO THE RENEWAL
OR RENEGOTIATION OF A PILOT AGREEMENT  FOR  A  PROJECT  LOCATED  IN  THE
VILLAGE  OF FREEPORT, THE VILLAGE OF GARDEN CITY OR THE VILLAGE OF HEMP-
STEAD.
  S 2. The opening paragraph of section 922  of  the  general  municipal
law, as amended by chapter 474 of the laws of 1988, is designated subdi-
vision  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  (HEREINAFTER REFERRED TO IN THIS SECTION AS "PILOT") AGREEMENT BY
THE AGENCY FOR A PROJECT LOCATED IN THE VILLAGE OF FREEPORT, THE VILLAGE
OF GARDEN CITY OR THE VILLAGE OF HEMPSTEAD, THE WRITTEN CONSENT  OF  THE
CHIEF  EXECUTIVE OFFICER OF THE AFFECTED VILLAGE SHALL BE OBTAINED.  THE
AGENCY SHALL ALSO OBTAIN THE APPROVAL, BY THREE-FIFTHS MAJORITY, OF  THE
VILLAGE  GOVERNING  BODY  PRIOR TO ANY PILOT AGREEMENT BEING APPROVED BY
THE AGENCY FOR A PROJECT LOCATED IN THE VILLAGE OF FREEPORT, THE VILLAGE
OF GARDEN CITY OR THE VILLAGE OF  HEMPSTEAD.  IN  ADDITION,  THE  AGENCY
SHALL  OBTAIN  AN IMPACT ANALYSIS TO DETERMINE THE IMPACT ON THE VILLAGE
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 VILLAGE GOVERNING BODY SHALL JOINTLY SELECT
A QUALIFIED ENTITY TO CONDUCT THE IMPACT ANALYSIS. THE MEMBERSHIP OF THE
AGENCY, WHEN REVIEWING APPLICATIONS AND APPROVING PILOT  AGREEMENTS  FOR
PROJECTS  LOCATED IN THE VILLAGE OF FREEPORT, THE VILLAGE OF GARDEN CITY
OR THE VILLAGE OF HEMPSTEAD, SHALL INCLUDE AT LEAST ONE MEMBER  OF  SUCH
VILLAGE'S  GOVERNING BODY AND AT LEAST THREE AT LARGE MEMBERS DRAWN FROM
A CROSS SECTION OF THE VILLAGE COMMUNITY.
  3. THE AGENCY SHALL REVIEW ANY PILOT AGREEMENT FOR A  PROJECT  LOCATED
IN THE VILLAGE OF FREEPORT, THE VILLAGE OF GARDEN CITY OR THE VILLAGE OF
HEMPSTEAD  AFTER  THE  THIRD YEAR OF ENTERING INTO SUCH PILOT AGREEMENT,
AND EVERY THIRD YEAR THEREAFTER, AND ADJUST THE PILOT AGREEMENT  ACCORD-
INGLY  BASED  ON CHANGES TO THE ASSESSED VALUE AND TAX RATE OF ALL OTHER
REAL PROPERTIES LOCATED IN SUCH VILLAGES.
  4. A PILOT AGREEMENT FOR A PROJECT LOCATED IN THE VILLAGE OF FREEPORT,
THE VILLAGE OF GARDEN CITY OR THE VILLAGE  OF  HEMPSTEAD  SHALL  NOT  BE
RENEWED  OR  RENEGOTIATED  UNTIL  A FULL AUDIT HAS BEEN COMPLETED OF THE
ACCOUNTS OF THE PARTY OBLIGATED TO MAKE PAYMENTS IN LIEU OF TAXES PURSU-
ANT TO THE PILOT AGREEMENT WITH THE AGENCY. THE AGENCY AND  THE  VILLAGE
GOVERNING  BODY  SHALL JOINTLY CHOOSE A QUALIFIED ENTITY TO CONDUCT SUCH
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 AUDIT. THE VILLAGE OF FREEPORT,  THE  VILLAGE  OF  GARDEN

S. 3887                             3

CITY  OR  THE  VILLAGE  OF  HEMPSTEAD MAY REQUEST FROM THE OFFICE OF THE
STATE COMPTROLLER AN AUDIT OR REVIEW OF THE AUDIT PRIOR TO  THE  RENEWAL
OR  RENEGOTIATION  OF  A  PILOT  AGREEMENT  FOR A PROJECT LOCATED IN THE
VILLAGE  OF FREEPORT, THE VILLAGE OF GARDEN CITY OR THE VILLAGE OF HEMP-
STEAD.
  S 3. This act shall take effect immediately.

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