NY State Senate Bill 2019-S4720B

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 12, 2020	print number 4720b
Feb 12, 2020	amend and recommit to local government
Jan 21, 2020	print number 4720a
Jan 21, 2020	amend and recommit to local government
Jan 08, 2020	referred to local government
Mar 21, 2019	referred to local government

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2019-S4720 - Details

Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §§854, 856 & 859-a, add §§859-c & 859-d, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S243
2023-2024: S4042
2025-2026: S5543

2019-S4720 - Summary

Relates to industrial development agencies; relates to such agencies' representation, public hearings, notices of agenda, and school board reporting.

2019-S4720 - Sponsor Memo

                                
 
BILL NUMBER: S4720

SPONSOR: MAYER
 
TITLE OF BILL:  An act to amend the general municipal law, in relation
to industrial development agencies

 
PURPOSE OR GENERAL IDEA OF BILL:

To make industrial development agencies more open and responsive to the
communities they serve by requiring school board and labor represen-
tatives, published agendas and notice to interested parties.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 854 of the general municipal law to define
labor organization.

Section 2 amends subdivision 2 of section 856 of the general municipal
law to require local labor and school board representatives on IDAs.

Section 3 amends section 859-a of the general municipal law to require

that projects receiving PILOTs must have the same prerequisites as
projects receiving financial assistance, and that notices of meetings
relating to financial assistance and PILOTs be provided to school
districts, state senators, and members of the state assembly represent-
ing an effected area.

Section 4 adds a new section 859-c of the general municipal law requir-
ing a published written agenda for IDA three days in advance of meet-
ings.

Section 5 requires annual reports be provided to school districts over-
lapping with IDAs. Section 6 establishes the effective date.

 
JUSTIFICATION:

New York State law authorizes industrial development agencies to grant
incentives, including tax abatements and PILOTs, to businesses and
projects to promote job growth and the vitality of our local economies.
The actions they take, including granting PILOTs, tax abatements, and
terms of the incentives, have substantial impacts on community members,
workers, and taxpayers. Yet, many of these actions are veiled from those
that are affected.

For instance, school districts are required to deal with the budget
impacts of PILOTs without knowing of upcoming meeting or having a say in
the process. Local workers, who have much at stake in this process and
the projects, have been excluded from the discussion and decision making
concerning the projects and the incentives, and concerned citizens can
be blindsided by IDA agendas released hours before the meetings, leaving
little time for public input.

This bill requires that all industrial development agencies have at
least one representative from a local labor union, at least one repre-
sentative from a school board, that affected school districts and state
elected official receive notice of meetings, that agendas are published
in advance, and that school districts receive IDA annual reports.


These provisions add transparency and additional voices to the IDA proc-
ess. In doing so we will ensure residents and affected community groups
know of, have an opportunity to hear about, and provide public comment
on, the proposed projects and proposed incentives.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take immediately.

2019-S4720 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4720
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 21, 2019
                                ___________
 
 Introduced  by  Sens.  MAYER, SKOUFIS -- 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  industrial
   development agencies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 854 of the general  municipal  law  is  amended  by
 adding a new subdivision 21 to read as follows:
   (21)  "LABOR ORGANIZATION" -- SHALL MEAN ANY ORGANIZATION WHICH EXISTS
 AND IS CONSTITUTED FOR THE PURPOSE, IN WHOLE OR IN PART,  OF  COLLECTIVE
 BARGAINING, OR OF DEALING WITH EMPLOYERS CONCERNING GRIEVANCES, TERMS OR
 CONDITIONS OF EMPLOYMENT, OR OF OTHER MUTUAL AID OR PROTECTION AND WHICH
 IS NOT A COMPANY UNION.
   §  2.  Subdivision  2  of section 856 of the general municipal law, as
 amended by chapter 356 of the laws  of  1993,  is  amended  to  read  as
 follows:
   2.  An agency shall be a corporate governmental agency, constituting a
 public benefit corporation. Except as otherwise provided by special  act
 of  the  legislature, an agency shall consist of not less than three nor
 more than seven members who shall be appointed by the governing body  of
 each  municipality and who shall serve at the pleasure of the appointing
 authority. Such members [may] SHALL include [representatives]  AT  LEAST
 ONE REPRESENTATIVE of [local government,] A LOCAL LABOR ORGANIZATION AND
 AT  LEAST ONE school [boards, organized labor and business] BOARD MEMBER
 OF A SCHOOL DISTRICT WITHIN THE JURISDICTION OF THE AGENCY.    A  member
 shall  continue  to hold office until his successor is appointed and has
 qualified. The governing body of each municipality shall  designate  the
 first  chairman  and  file  with the secretary of state a certificate of
 appointment or reappointment of any member. Such members  shall  receive
 no  compensation  for their services but shall be entitled to the neces-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10067-05-9

 S. 4720                             2
 
 sary expenses, including traveling expenses, incurred in  the  discharge
 of their duties.
   §  3.  Section 859-a of the general municipal law, as added by chapter
 356 of the laws of 1993 and subdivisions 4, 5 and 6 as added by  chapter
 563 of the laws of 2015, is amended to read as follows:
   §  859-a.  Additional  prerequisites  to  the  provisions of financial
 assistance OR PAYMENTS IN LIEU OF TAXES. Prior to providing  any  finan-
 cial  assistance  OR  PAYMENTS IN LIEU OF TAXES of more than one hundred
 thousand dollars to any project, the agency must comply with the follow-
 ing prerequisites:
   1. The agency must adopt a resolution describing the project  and  the
 financial  assistance  OR  PAYMENTS  IN LIEU OF TAXES that the agency is
 contemplating with respect to such project. Such assistance OR  PAYMENTS
 IN  LIEU  OF  TAXES  shall  be consistent with the uniform tax exemption
 policy adopted by the agency pursuant to  subdivision  four  of  section
 eight  hundred  seventy-four  of  this  chapter,  unless  the agency has
 followed the procedures for deviation  from  such  policy  specified  in
 paragraph (b) of such subdivision.
   2.  The  agency must hold a public hearing with respect to the project
 and the proposed financial assistance OR PAYMENTS IN LIEU OF TAXES being
 contemplated by the agency. Said public hearing shall be held in a city,
 town or village where the project proposes to  locate.  At  said  public
 hearing,  interested  parties  shall be provided reasonable opportunity,
 both orally and in writing, to present their views with respect  to  the
 project.
   3.  The  agency  must  give at least ten days published notice of said
 public hearing and shall, at the same time, provide notice of such hear-
 ing to the chief executive officer of  each  affected  tax  jurisdiction
 within  which  the  project is located, EACH SCHOOL BOARD OF EACH SCHOOL
 DISTRICT WITHIN WHICH THE PROJECT IS LOCATED, AND TO ALL STATE  SENATORS
 AND  MEMBERS  OF  THE  STATE  ASSEMBLY  WHO REPRESENT ANY PORTION OF ANY
 AFFECTED TAX JURISDICTION THAT IS  SUBJECT  TO  THE  PROPOSED  FINANCIAL
 ASSISTANCE  OR  PAYMENTS  IN  LIEU  OF TAXES. The notice of hearing must
 state the time and place of the hearing, contain a  general,  functional
 description  of  the  project,  describe the prospective location of the
 project, identify the initial owner, operator or manager of the  project
 and  generally  describe the financial assistance OR PAYMENTS IN LIEU OF
 TAXES contemplated by the agency with respect to the project.
   4. Each agency shall develop a standard application form, which  shall
 be  used  by  the  agency to accept requests for financial assistance OR
 PAYMENTS IN LIEU OF TAXES from all individuals, firms, companies, devel-
 opers or other entities or organizations. The standard application  form
 shall  be submitted by or on behalf of the applicant, and subscribed and
 affirmed under the penalties of perjury by the applicant, or  on  behalf
 of the applicant by the chief executive officer or such other individual
 that  is  duly  authorized  to bind the applicant, as true, accurate and
 complete to the best of his or her knowledge. The  standard  application
 form  shall  include  the  following, and may include such other supple-
 mental information as determined to be necessary and appropriate by  the
 agency, including supporting documents and information provided by or on
 behalf of the applicant:
   (a) the name and address of the project applicant;
   (b)  a description of the proposed project for which financial assist-
 ance OR PAYMENTS IN LIEU OF TAXES is requested, including  the  type  of
 project, proposed location and purpose of the project;

 S. 4720                             3
 
   (c) the amount and type of financial assistance OR PAYMENTS IN LIEU OF
 TAXES being requested, including the estimated value of each type of tax
 exemption  sought  to  be claimed by reason of agency involvement in the
 project;
   (d)  a statement that there is a likelihood that the project would not
 be undertaken but for the financial assistance OR PAYMENTS  IN  LIEU  OF
 TAXES  provided  by  the  agency  or, if the project could be undertaken
 without financial assistance OR PAYMENTS IN LIEU OF  TAXES  provided  by
 the  agency, a statement indicating why the project should be undertaken
 by the agency;
   (e) an estimate of capital costs of the project, including  all  costs
 of  real property and equipment acquisition and building construction or
 reconstruction, financed from private sector sources, an estimate of the
 percentage of project costs financed from public sector sources, and  an
 estimate  of  both  the  amount  to be invested by the applicant and the
 amount to be borrowed to finance the project[.];
   (f) the projected number of full time equivalent jobs  that  would  be
 retained  and that would be created if the request for financial assist-
 ance OR PAYMENTS IN LIEU OF TAXES is granted,  the  projected  timeframe
 for  the  creation  of new jobs, the estimated salary and fringe benefit
 averages or ranges for categories of the jobs that would be retained  or
 created  if  the request for financial assistance OR PAYMENTS IN LIEU OF
 TAXES is granted, and an estimate of the  number  of  residents  of  the
 economic  development  region  as  established  pursuant  to section two
 hundred thirty of the economic development law or the labor market  area
 as  defined  by  the  agency, in which the project is located that would
 fill such jobs. The labor market area defined by  the  agency  for  this
 purpose  may  include no more than six contiguous counties in the state,
 including the county in which the project is to be located;
   (g) a statement to the effect that the provisions of  subdivision  one
 of  section eight hundred sixty-two of this chapter will not be violated
 if financial assistance OR PAYMENTS IN LIEU OF TAXES is provided for the
 proposed project;
   (h) a statement that the owner, occupant or operator receiving  finan-
 cial  assistance  OR PAYMENTS IN LIEU OF TAXES is in substantial compli-
 ance with applicable local, state and federal tax, worker protection and
 environmental laws, rules and regulations; and
   (i) a statement acknowledging that the  submission  of  any  knowingly
 false  or  knowingly  misleading  information  may lead to the immediate
 termination of any financial assistance OR PAYMENTS IN LIEU OF TAXES and
 the reimbursement of  an  amount  equal  to  all  or  part  of  any  tax
 exemptions claimed by reason of agency involvement in the project.
   5.  Each agency shall develop, and adopt by resolution, uniform crite-
 ria for the evaluation and selection for each category of  projects  for
 which  financial  assistance  OR  PAYMENTS  IN  LIEU  OF  TAXES  will be
 provided. At a minimum,  the  criteria  shall  require  that,  for  each
 project, the following must occur prior to the approval of the provision
 of financial assistance OR PAYMENTS IN LIEU OF TAXES:
   (a)  an  assessment by the agency of all material information included
 in connection with the application for financial assistance OR  PAYMENTS
 IN  LIEU  OF  TAXES,  as  necessary to afford a reasonable basis for the
 decision by the agency to provide financial assistance  OR  PAYMENTS  IN
 LIEU OF TAXES for the project;
   (b)  a written cost-benefit analysis by the agency that identifies the
 extent to which a project  will  create  or  retain  permanent,  private
 sector  jobs;  the estimated value of any tax exemptions to be provided;

 S. 4720                             4
 
 the amount of private sector investment generated or likely to be gener-
 ated by the  proposed  project;  the  likelihood  of  accomplishing  the
 proposed  project  in  a  timely  fashion;  and  the extent to which the
 proposed  project will provide additional sources of revenue for munici-
 palities and school districts; and any other public benefits that  might
 occur as a result of the project;
   (c)  a  statement by the applicant that the project, as of the date of
 the application, is in substantial compliance  with  all  provisions  of
 this  article  including,  but  not  limited  to, the provisions of this
 section and subdivision one of section eight hundred sixty-two  of  this
 chapter; and
   (d)  if  the project involves the removal or abandonment of a facility
 or plant within the state, notification by the agency to the chief exec-
 utive officer or officers of the municipality or municipalities in which
 the facility or plant was located.
   6. Each agency shall develop a uniform agency project  agreement  that
 sets  forth  terms  and  conditions  under which financial assistance OR
 PAYMENTS IN LIEU OF TAXES shall be provided. The uniform agency  project
 agreement  shall  be  used  by the agency and no financial assistance OR
 PAYMENTS IN LIEU OF TAXES shall  be  provided  in  the  absence  of  the
 execution  of  such  an  agreement. The uniform agency project agreement
 shall, at a minimum:
   (a) describe the project and the financial assistance OR  PAYMENTS  IN
 LIEU  OF  TAXES,  including the amount and type, to be provided, and the
 agency purpose to be achieved;
   (b) require each project owner, occupant or operator receiving  finan-
 cial  benefits OR PAYMENTS IN LIEU OF TAXES to provide annually a certi-
 fied statement and documentation:  (i) enumerating the full time  equiv-
 alent  jobs  retained  and  the  full  time equivalent jobs created as a
 result of the financial assistance OR PAYMENTS  IN  LIEU  OF  TAXES,  by
 category,  including  full  time  equivalent  independent contractors or
 employees of independent contractors that work at the project  location,
 and (ii) indicating that the salary and fringe benefit averages or rang-
 es for categories of jobs retained and jobs created that was provided in
 the  application  is  still  accurate  and  if it is not still accurate,
 providing a revised list of salary and fringe benefit averages or ranges
 for categories of jobs retained and jobs created[.];
   (c) indicate the dates when PILOT payments are to be made and  provide
 an  estimate  of  the  amounts for each affected tax jurisdiction of any
 payments in lieu of taxes that are included as part of the  transaction,
 or formula or formulas by which those amounts may be calculated. In lieu
 of  providing such information, a copy of an executed payment in lieu of
 tax agreement that contains the same information may be attached to  the
 uniform agency project agreement;
   (e)  provide for the suspension or discontinuance of financial assist-
 ance OR PAYMENTS IN LIEU OF  TAXES,  or  for  the  modification  of  any
 payment  in  lieu  of  tax  agreement  to require increased payments, in
 accordance with policies developed by the  agency  pursuant  to  section
 eight hundred seventy-four of this title;
   (f)  provide  for the return of all or a part of the financial assist-
 ance OR PAYMENTS IN LIEU OF TAXES provided for  the  project,  including
 all  or  part of the amount of any tax exemptions, which shall be redis-
 tributed to the appropriate affected tax jurisdiction, as  provided  for
 in  policies  developed  by the agency pursuant to section eight hundred
 seventy-four of this title, unless agreed  to  otherwise  by  any  local
 taxing jurisdiction or jurisdictions; and

 S. 4720                             5
 
   (g)  provide  that the owner, occupant or operator receiving financial
 assistance OR PAYMENTS IN LIEU OF TAXES shall certify, under penalty  of
 perjury,  that it is in substantial compliance with all local, state and
 federal tax, worker protection and environmental laws, rules  and  regu-
 lations.
   §  4.  The  general  municipal  law is amended by adding a new section
 859-c to read as follows:
   § 859-C. NOTICE OF AGENDA. A PRINTED CALENDAR OF ITEMS  TO  BE  HEARD,
 WHICH  MAY BE SUBJECT TO LATER AMENDMENT, SHALL BE MADE AVAILABLE TO THE
 PUBLIC AND FORWARDED TO THE  MEMBERS  AND  CHAIRMAN  OF  THE  INDUSTRIAL
 DEVELOPMENT  AGENCY AT LEAST THREE DAYS IN ADVANCE OF THE MEETING. WHERE
 AN INDUSTRIAL DEVELOPMENT AGENCY MAINTAINS  A  WEBSITE,  THE  NOTICE  OF
 AGENDA  SHALL  ALSO  BE  POSTED  ON SUCH INDUSTRIAL DEVELOPMENT AGENCY'S
 WEBSITE.
   § 5. The general municipal law is amended  by  adding  a  new  section
 859-d to read as follows:
   §  859-D. SCHOOL BOARD REPORTING. EVERY INDUSTRIAL DEVELOPMENT AGENCY,
 CONTINUED OR CREATED BY THIS CHAPTER OR ANY OTHER LAW OF THE STATE SHALL
 SUBMIT TO THE LOCAL SCHOOL BOARD OR BOARDS OVERLAPPING  WITH  AN  INDUS-
 TRIAL DEVELOPMENT AGENCY, WITHIN NINETY DAYS AFTER THE END OF ITS FISCAL
 YEAR,  A COPY OF THE REPORT REQUIRED BY SUBDIVISION TWO OF SECTION TWEN-
 TY-EIGHT HUNDRED OF THE PUBLIC AUTHORITIES LAW AND THE  AUDITS  REQUIRED
 BY  SUBDIVISION  TWO  OF  SECTION TWENTY-EIGHT HUNDRED TWO OF THE PUBLIC
 AUTHORITIES LAW.
   § 6. This act shall take effect immediately.

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2019-S4720A - Details

Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §§854, 856 & 859-a, add §§859-c & 859-d, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S243
2023-2024: S4042
2025-2026: S5543

2019-S4720A - Summary

Relates to industrial development agencies; relates to such agencies' representation, public hearings, notices of agenda, and school board reporting.

2019-S4720A - Sponsor Memo

                                
 
BILL NUMBER: S4720A

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to industrial
development agencies

 
PURPOSE OR GENERAL IDEA OF BILL:

To make industrial development agencies more open and responsive to the
communities they serve by requiring school board and labor represen-
tatives, published agendas and notice to interested parties.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 859-a of the general municipal law to require
that projects receiving PILOTs must have the same prerequisites as
projects receiving financial assistance, and that notices of meetings
relating to financial assistance and PILOTs be provided to school
districts, state senators, and members of the state assembly represent-

ing an effected area.

Section 2 adds a new section 859-c of the general municipal law requir-
ing a published written agenda for IDA three days in advance of meet-
ings.

Section 3 requires annual reports be provided to school districts over-
lapping with IDAs. Section 4 establishes the effective date.

 
JUSTIFICATION:

New York State law authorizes industrial development agencies to grant
incentives, including atax abatements and PILOTs, to businesses and
projects to promote job growth and the vitality of our local economies.
The actions they take, including granting PILOTs, tax abatements, and
terms of the incentives, have substantial impacts on community members,
workers, and taxpayers. Yet, many of these actions are veiled from those
that are affected.

For instance, school districts are required to deal with the budget
impacts of PILOTs without knowing of upcoming meeting or having a say in
the process. This bill requires that affected school districts and state
elected official receive notice of meetings, that agendas are published
in advance, and that school districts receive IDA annual reports.

These provisions add transparency and additional voices to the IDA proc-
ess. In doing so we will ensure residents and affected community groups
know of, have an opportunity to hear about, and provide public comment
on, the proposed projects and proposed incentives.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take immediately.

2019-S4720A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4720--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              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
 
 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:
 
   Section  1.    Section 859-a of the general municipal law, as added by
 chapter 356 of the laws of 1993 and subdivisions 4, 5 and 6 as added  by
 chapter 563 of the laws of 2015, is amended to read as follows:
   §  859-a.  Additional  prerequisites  to  the  provisions of financial
 assistance OR PAYMENTS IN LIEU OF TAXES. Prior to providing  any  finan-
 cial  assistance  OR  PAYMENTS IN LIEU OF TAXES of more than one hundred
 thousand dollars to any project, the agency must comply with the follow-
 ing prerequisites:
   1. The agency must adopt a resolution describing the project  and  the
 financial  assistance  OR  PAYMENTS  IN LIEU OF TAXES that the agency is
 contemplating with respect to such project. Such assistance OR  PAYMENTS
 IN  LIEU  OF  TAXES  shall  be consistent with the uniform tax exemption
 policy adopted by the agency pursuant to  subdivision  four  of  section
 eight  hundred  seventy-four  of this [chapter] TITLE, unless the agency
 has followed the procedures for deviation from such policy specified  in
 paragraph (b) of such subdivision.
   2.  The  agency must hold a public hearing with respect to the project
 and the proposed financial assistance OR PAYMENTS IN LIEU OF TAXES being
 contemplated by the agency. Said public hearing shall be held in a city,
 town or village where the project proposes to  locate.  At  said  public
 hearing,  interested  parties  shall be provided reasonable opportunity,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10067-06-0

 S. 4720--A                          2
 
 both orally and in writing, to present their views with respect  to  the
 project.
   3.  The  agency  must  give at least ten days published notice of said
 public hearing and shall, at the same time, provide notice of such hear-
 ing to the chief executive officer of  each  affected  tax  jurisdiction
 within  which  the  project  is located, EACH SCHOOL BOARD PRESIDENT AND
 SUPERINTENDENT OF EACH SCHOOL  DISTRICT  WITHIN  WHICH  THE  PROJECT  IS
 LOCATED, AND TO ALL STATE SENATORS AND MEMBERS OF THE STATE ASSEMBLY WHO
 REPRESENT  ANY  PORTION OF ANY AFFECTED TAX JURISDICTION THAT IS SUBJECT
 TO THE PROPOSED FINANCIAL ASSISTANCE OR PAYMENTS IN LIEU OF  TAXES.  The
 notice  of hearing must state the time and place of the hearing, contain
 a general, functional description of the project, describe the  prospec-
 tive  location  of  the project, identify the initial owner, operator or
 manager of the project and generally describe the  financial  assistance
 OR  PAYMENTS IN LIEU OF TAXES contemplated by the agency with respect to
 the project.
   4. Each agency shall develop a standard application form, which  shall
 be  used  by  the  agency to accept requests for financial assistance OR
 PAYMENTS IN LIEU OF TAXES from all individuals, firms, companies, devel-
 opers or other entities or organizations. The standard application  form
 shall  be submitted by or on behalf of the applicant, and subscribed and
 affirmed under the penalties of perjury by the applicant, or  on  behalf
 of the applicant by the chief executive officer or such other individual
 that  is  duly  authorized  to bind the applicant, as true, accurate and
 complete to the best of his or her knowledge. The  standard  application
 form  shall  include  the  following, and may include such other supple-
 mental information as determined to be necessary and appropriate by  the
 agency, including supporting documents and information provided by or on
 behalf of the applicant:
   (a) the name and address of the project applicant;
   (b)  a description of the proposed project for which financial assist-
 ance OR PAYMENTS IN LIEU OF TAXES is requested, including  the  type  of
 project, proposed location and purpose of the project;
   (c) the amount and type of financial assistance OR PAYMENTS IN LIEU OF
 TAXES being requested, including the estimated value of each type of tax
 exemption  sought  to  be claimed by reason of agency involvement in the
 project;
   (d) a statement that there is a likelihood that the project would  not
 be  undertaken  but  for the financial assistance OR PAYMENTS IN LIEU OF
 TAXES provided by the agency or, if  the  project  could  be  undertaken
 without  financial  assistance  OR PAYMENTS IN LIEU OF TAXES provided by
 the agency, a statement indicating why the project should be  undertaken
 by the agency;
   (e)  an  estimate of capital costs of the project, including all costs
 of real property and equipment acquisition and building construction  or
 reconstruction, financed from private sector sources, an estimate of the
 percentage  of project costs financed from public sector sources, and an
 estimate of both the amount to be invested  by  the  applicant  and  the
 amount to be borrowed to finance the project[.];
   (f)  the  projected  number of full time equivalent jobs that would be
 retained and that would be created if the request for financial  assist-
 ance  OR  PAYMENTS  IN LIEU OF TAXES is granted, the projected timeframe
 for the creation of new jobs, the estimated salary  and  fringe  benefit
 averages  or ranges for categories of the jobs that would be retained or
 created if the request for financial assistance OR PAYMENTS IN  LIEU  OF
 TAXES  is  granted,  and  an  estimate of the number of residents of the

 S. 4720--A                          3
 
 economic development region  as  established  pursuant  to  section  two
 hundred  thirty of the economic development law or the labor market area
 as defined by the agency, in which the project  is  located  that  would
 fill  such  jobs.  The  labor market area defined by the agency for this
 purpose may include no more than six contiguous counties in  the  state,
 including the county in which the project is to be located;
   (g)  a  statement to the effect that the provisions of subdivision one
 of section eight hundred sixty-two of this [chapter] TITLE will  not  be
 violated  if  financial  assistance  OR  PAYMENTS  IN  LIEU  OF TAXES is
 provided for the proposed project;
   (h) a statement that the owner, occupant or operator receiving  finan-
 cial  assistance  OR PAYMENTS IN LIEU OF TAXES is in substantial compli-
 ance with applicable local, state and federal tax, worker protection and
 environmental laws, rules and regulations; and
   (i) a statement acknowledging that the  submission  of  any  knowingly
 false  or  knowingly  misleading  information  may lead to the immediate
 termination of any financial assistance OR PAYMENTS IN LIEU OF TAXES and
 the reimbursement of  an  amount  equal  to  all  or  part  of  any  tax
 exemptions claimed by reason of agency involvement in the project.
   5.  Each agency shall develop, and adopt by resolution, uniform crite-
 ria for the evaluation and selection for each category of  projects  for
 which  financial  assistance  OR  PAYMENTS  IN  LIEU  OF  TAXES  will be
 provided. At a minimum,  the  criteria  shall  require  that,  for  each
 project, the following must occur prior to the approval of the provision
 of financial assistance OR PAYMENTS IN LIEU OF TAXES:
   (a)  an  assessment by the agency of all material information included
 in connection with the application for financial assistance OR  PAYMENTS
 IN  LIEU  OF  TAXES,  as  necessary to afford a reasonable basis for the
 decision by the agency to provide financial assistance  OR  PAYMENTS  IN
 LIEU OF TAXES for the project;
   (b)  a written cost-benefit analysis by the agency that identifies the
 extent to which a project  will  create  or  retain  permanent,  private
 sector  jobs;  the estimated value of any tax exemptions to be provided;
 the amount of private sector investment generated or likely to be gener-
 ated by the  proposed  project;  the  likelihood  of  accomplishing  the
 proposed  project  in  a  timely  fashion;  and  the extent to which the
 proposed project will provide additional sources of revenue for  munici-
 palities  and school districts; and any other public benefits that might
 occur as a result of the project;
   (c) a statement by the applicant that the project, as of the  date  of
 the  application,  is  in  substantial compliance with all provisions of
 this article including, but not  limited  to,  the  provisions  of  this
 section  and  subdivision one of section eight hundred sixty-two of this
 [chapter] TITLE; and
   (d) if the project involves the removal or abandonment of  a  facility
 or plant within the state, notification by the agency to the chief exec-
 utive officer or officers of the municipality or municipalities in which
 the facility or plant was located.
   6.  Each  agency shall develop a uniform agency project agreement that
 sets forth terms and conditions  under  which  financial  assistance  OR
 PAYMENTS  IN LIEU OF TAXES shall be provided. The uniform agency project
 agreement shall be used by the agency and  no  financial  assistance  OR
 PAYMENTS  IN  LIEU  OF  TAXES  shall  be  provided in the absence of the
 execution of such an agreement. The  uniform  agency  project  agreement
 shall, at a minimum:

 S. 4720--A                          4
 
   (a)  describe  the project and the financial assistance OR PAYMENTS IN
 LIEU OF TAXES, including the amount and type, to be  provided,  and  the
 agency purpose to be achieved;
   (b)  require each project owner, occupant or operator receiving finan-
 cial benefits OR PAYMENTS IN LIEU OF TAXES to provide annually a  certi-
 fied  statement and documentation:  (i) enumerating the full time equiv-
 alent jobs retained and the full  time  equivalent  jobs  created  as  a
 result  of  the  financial  assistance  OR PAYMENTS IN LIEU OF TAXES, by
 category, including full  time  equivalent  independent  contractors  or
 employees  of independent contractors that work at the project location,
 and (ii) indicating that the salary and fringe benefit averages or rang-
 es for categories of jobs retained and jobs created that was provided in
 the application is still accurate and  if  it  is  not  still  accurate,
 providing a revised list of salary and fringe benefit averages or ranges
 for categories of jobs retained and jobs created[.];
   (c)  indicate the dates when PILOT payments are to be made and provide
 an estimate of the amounts for each affected  tax  jurisdiction  of  any
 payments  in lieu of taxes that are included as part of the transaction,
 or formula or formulas by which those amounts may be calculated. In lieu
 of providing such information, a copy of an executed payment in lieu  of
 tax  agreement that contains the same information may be attached to the
 uniform agency project agreement;
   (e) provide for the suspension or discontinuance of financial  assist-
 ance  OR  PAYMENTS  IN  LIEU  OF  TAXES,  or for the modification of any
 payment in lieu of tax  agreement  to  require  increased  payments,  in
 accordance  with  policies  developed  by the agency pursuant to section
 eight hundred seventy-four of this title;
   (f) provide for the return of all or a part of the  financial  assist-
 ance  OR  PAYMENTS  IN LIEU OF TAXES provided for the project, including
 all or part of the amount of any tax exemptions, which shall  be  redis-
 tributed  to  the appropriate affected tax jurisdiction, as provided for
 in policies developed by the agency pursuant to  section  eight  hundred
 seventy-four  of  this  title,  unless  agreed to otherwise by any local
 taxing jurisdiction or jurisdictions; and
   (g) provide that the owner, occupant or operator  receiving  financial
 assistance  OR PAYMENTS IN LIEU OF TAXES shall certify, under penalty of
 perjury, that it is in substantial compliance with all local, state  and
 federal  tax,  worker protection and environmental laws, rules and regu-
 lations.
   § 2. The general municipal law is amended  by  adding  a  new  section
 859-c to read as follows:
   §  859-C.  NOTICE  OF AGENDA. A PRINTED CALENDAR OF ITEMS TO BE HEARD,
 WHICH MAY BE SUBJECT TO LATER AMENDMENT, SHALL BE MADE AVAILABLE TO  THE
 PUBLIC  AND  FORWARDED  TO  THE  MEMBERS  AND CHAIRMAN OF THE INDUSTRIAL
 DEVELOPMENT AGENCY AT LEAST THREE DAYS IN ADVANCE OF THE MEETING.  WHERE
 AN  INDUSTRIAL  DEVELOPMENT  AGENCY  MAINTAINS  A WEBSITE, THE NOTICE OF
 AGENDA SHALL ALSO BE POSTED  ON  SUCH  INDUSTRIAL  DEVELOPMENT  AGENCY'S
 WEBSITE.
   §  3.  The  general  municipal  law is amended by adding a new section
 859-d to read as follows:
   § 859-D. SCHOOL BOARD REPORTING. EVERY INDUSTRIAL DEVELOPMENT  AGENCY,
 CONTINUED OR CREATED BY THIS CHAPTER OR ANY OTHER LAW OF THE STATE SHALL
 SUBMIT  TO THE LOCAL SCHOOL BOARD PRESIDENT AND SUPERINTENDENT OR BOARDS
 PRESIDENTS AND SUPERINTENDENTS OVERLAPPING WITH AN  INDUSTRIAL  DEVELOP-
 MENT AGENCY, WITHIN NINETY DAYS AFTER THE END OF ITS FISCAL YEAR, A COPY
 OF  THE FINAL REPORT REQUIRED BY SUBDIVISION TWO OF SECTION TWENTY-EIGHT

 S. 4720--A                          5
 
 HUNDRED OF THE PUBLIC AUTHORITIES LAW AND THE AUDITS REQUIRED BY  SUBDI-
 VISION TWO OF SECTION TWENTY-EIGHT HUNDRED TWO OF THE PUBLIC AUTHORITIES
 LAW.
   § 4. This act shall take effect immediately.

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2019-S4720B (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §§854, 856 & 859-a, add §§859-c & 859-d, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S243
2023-2024: S4042
2025-2026: S5543

2019-S4720B (ACTIVE) - Summary

Relates to industrial development agencies; relates to such agencies' representation, public hearings, notices of agenda, and school board reporting.

2019-S4720B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4720B        Revised 2/13/2020

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to industrial
development agencies

 
PURPOSE OR GENERAL IDEA OF BILL:

To make industrial development agencies more open and responsive to the
communities they serve by requiring labor representatives, published
agendas and notice to interested parties.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 854 of the general municipal law to define
labor organization.

Section 2 amends subdivision 2 of section 856 of the general municipal
law to require local labor on IDAs.

Section 3 amends section 859-a of the general municipal law to require
that projects receiving PILOTs must have the same prerequisites as
projects receiving financial assistance, and that notices of meetings
relating to financial assistance and PILOTs be provided to school
districts, state senators, and members of the state assembly represent-
ing an effected area.

Section 4 adds a new section 859-c of the general municipal law requir-
ing a published written agenda for IDA three days in advance of meet-
ings.

Section 5 requires annual reports be provided to school districts over-
lapping with IDAs. Section 6 establishes the effective date.

 
JUSTIFICATION:

New York State law authorizes industrial development agencies to grant
incentives, including tax abatements and PILOTs, to businesses and
projects to promote job growth and the vitality of our local economies.
The actions they take, including granting PILOTs, tax abatements, and
terms of the incentives, have substantial impacts on community members,
workers, and taxpayers. Yet, many of these actions are veiled from those
that are affected.

Local workers, who have much at stake in this process and the projects,
have been excluded from the discussion and decision making concerning
the projects and the incentives, and concerned citizens can be blindsid-
ed by IDA agendas released hours before the meetings, leaving little
time for public input.  This bill requires that all industrial develop-
ment agencies have at least one representative from a local labor union,
that affected school districts and state elected official receive notice
of meetings, that agendas are published in advance, and that school
districts receive IDA annual reports.  These provisions add transparency
and additional voices to the IDA process. In doing so we will ensure
residents and affected community groups know of, have an opportunity to
hear about, and provide public comment on, the proposed projects and
proposed incentives.
 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take immediately.

2019-S4720B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4720--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              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:
 
   Section  1.  Section  854  of  the general municipal law is amended by
 adding a new subdivision 21 to read as follows:
   (21) "LABOR ORGANIZATION" -- SHALL MEAN ANY ORGANIZATION WHICH  EXISTS
 AND  IS  CONSTITUTED FOR THE PURPOSE, IN WHOLE OR IN PART, OF COLLECTIVE
 BARGAINING, OR OF DEALING WITH EMPLOYERS CONCERNING GRIEVANCES, TERMS OR
 CONDITIONS OF EMPLOYMENT, OR OF OTHER MUTUAL AID OR PROTECTION AND WHICH
 IS NOT A COMPANY UNION.
   § 2. Subdivision 2 of section 856 of the  general  municipal  law,  as
 amended  by  chapter  356  of  the  laws  of 1993, is amended to read as
 follows:
   2. An agency shall be a corporate governmental agency, constituting  a
 public  benefit corporation. Except as otherwise provided by special act
 of the legislature, an agency shall consist of not less than  three  nor
 more  than seven members who shall be appointed by the governing body of
 each municipality and who shall serve at the pleasure of the  appointing
 authority.  Such  members [may] SHALL include [representatives] AT LEAST
 ONE REPRESENTATIVE of [local government, school boards, organized  labor
 and  business]  A  LOCAL  LABOR ORGANIZATION. A member shall continue to
 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
 
 governing  body  of each municipality shall designate the first chairman
 and file with the secretary of state a  certificate  of  appointment  or
 reappointment  of any member. Such members shall receive no compensation
 for  their  services  but  shall  be entitled to the necessary expenses,
 including traveling expenses, incurred in the discharge of their duties.
   § 3. Section 859-a of the general municipal law, as added  by  chapter
 356  of the laws of 1993 and subdivisions 4, 5 and 6 as added by chapter
 563 of the laws of 2015, is amended to read as follows:
   § 859-a. Additional  prerequisites  to  the  provisions  of  financial
 assistance  OR  PAYMENTS IN LIEU OF TAXES. Prior to providing any finan-
 cial assistance OR PAYMENTS IN LIEU OF TAXES of more  than  one  hundred
 thousand dollars to any project, the agency must comply with the follow-
 ing prerequisites:
   1.  The  agency must adopt a resolution describing the project and the
 financial assistance OR PAYMENTS IN LIEU OF TAXES  that  the  agency  is
 contemplating  with respect to such project. Such assistance OR PAYMENTS
 IN LIEU OF TAXES shall be consistent  with  the  uniform  tax  exemption
 policy  adopted  by  the  agency pursuant to subdivision four of section
 eight hundred seventy-four of this [chapter] TITLE,  unless  the  agency
 has  followed the procedures for deviation from such policy specified in
 paragraph (b) of such subdivision.
   2. The agency must hold a public hearing with respect to  the  project
 and the proposed financial assistance OR PAYMENTS IN LIEU OF TAXES being
 contemplated by the agency. Said public hearing shall be held in a city,
 town  or  village  where  the project proposes to locate. At said public
 hearing, interested parties shall be  provided  reasonable  opportunity,
 both  orally  and in writing, to present their views with respect to the
 project.
   3. The agency must give at least ten days  published  notice  of  said
 public hearing and shall, at the same time, provide notice of such hear-
 ing  to  the  chief  executive officer of each affected tax jurisdiction
 within which the project is located, EACH  SCHOOL  BOARD  PRESIDENT  AND
 SUPERINTENDENT  OF  EACH  SCHOOL  DISTRICT  WITHIN  WHICH THE PROJECT IS
 LOCATED, AND TO ALL STATE SENATORS AND MEMBERS OF THE STATE ASSEMBLY WHO
 REPRESENT ANY PORTION OF ANY AFFECTED TAX JURISDICTION THAT  IS  SUBJECT
 TO  THE  PROPOSED FINANCIAL ASSISTANCE OR PAYMENTS IN LIEU OF TAXES. The
 notice of hearing must state the time and place of the hearing,  contain
 a  general, functional description of the project, describe the prospec-
 tive location of the project, identify the initial  owner,  operator  or
 manager  of  the project and generally describe the financial assistance
 OR PAYMENTS IN LIEU OF TAXES contemplated by the agency with respect  to
 the project.
   4.  Each agency shall develop a standard application form, which shall
 be used by the agency to accept requests  for  financial  assistance  OR
 PAYMENTS IN LIEU OF TAXES from all individuals, firms, companies, devel-
 opers  or other entities or organizations. The standard application form
 shall be submitted by or on behalf of the applicant, and subscribed  and
 affirmed  under  the penalties of perjury by the applicant, or on behalf
 of the applicant by the chief executive officer or such other individual
 that is duly authorized to bind the applicant,  as  true,  accurate  and
 complete  to  the best of his or her knowledge. The standard application
 form shall include the following, and may  include  such  other  supple-
 mental  information as determined to be necessary and appropriate by the
 agency, including supporting documents and information provided by or on
 behalf of the applicant:
   (a) the name and address of the project applicant;

 S. 4720--B                          3
 
   (b) a description of the proposed project for which financial  assist-
 ance  OR  PAYMENTS  IN LIEU OF TAXES is requested, including the type of
 project, proposed location and purpose of the project;
   (c) the amount and type of financial assistance OR PAYMENTS IN LIEU OF
 TAXES being requested, including the estimated value of each type of tax
 exemption  sought  to  be claimed by reason of agency involvement in the
 project;
   (d) a statement that there is a likelihood that the project would  not
 be  undertaken  but  for the financial assistance OR PAYMENTS IN LIEU OF
 TAXES provided by the agency or, if  the  project  could  be  undertaken
 without  financial  assistance  OR PAYMENTS IN LIEU OF TAXES provided by
 the agency, a statement indicating why the project should be  undertaken
 by the agency;
   (e)  an  estimate of capital costs of the project, including all costs
 of real property and equipment acquisition and building construction  or
 reconstruction, financed from private sector sources, an estimate of the
 percentage  of project costs financed from public sector sources, and an
 estimate of both the amount to be invested  by  the  applicant  and  the
 amount to be borrowed to finance the project[.];
   (f)  the  projected  number of full time equivalent jobs that would be
 retained and that would be created if the request for financial  assist-
 ance  OR  PAYMENTS  IN LIEU OF TAXES is granted, the projected timeframe
 for the creation of new jobs, the estimated salary  and  fringe  benefit
 averages  or ranges for categories of the jobs that would be retained or
 created if the request for financial assistance OR PAYMENTS IN  LIEU  OF
 TAXES  is  granted,  and  an  estimate of the number of residents of the
 economic development region  as  established  pursuant  to  section  two
 hundred  thirty of the economic development law or the labor market area
 as defined by the agency, in which the project  is  located  that  would
 fill  such  jobs.  The  labor market area defined by the agency for this
 purpose may include no more than six contiguous counties in  the  state,
 including the county in which the project is to be located;
   (g)  a  statement to the effect that the provisions of subdivision one
 of section eight hundred sixty-two of this [chapter] TITLE will  not  be
 violated  if  financial  assistance  OR  PAYMENTS  IN  LIEU  OF TAXES is
 provided for the proposed project;
   (h) a statement that the owner, occupant or operator receiving  finan-
 cial  assistance  OR PAYMENTS IN LIEU OF TAXES is in substantial compli-
 ance with applicable local, state and federal tax, worker protection and
 environmental laws, rules and regulations; and
   (i) a statement acknowledging that the  submission  of  any  knowingly
 false  or  knowingly  misleading  information  may lead to the immediate
 termination of any financial assistance OR PAYMENTS IN LIEU OF TAXES and
 the reimbursement of  an  amount  equal  to  all  or  part  of  any  tax
 exemptions claimed by reason of agency involvement in the project.
   5.  Each agency shall develop, and adopt by resolution, uniform crite-
 ria for the evaluation and selection for each category of  projects  for
 which  financial  assistance  OR  PAYMENTS  IN  LIEU  OF  TAXES  will be
 provided. At a minimum,  the  criteria  shall  require  that,  for  each
 project, the following must occur prior to the approval of the provision
 of financial assistance OR PAYMENTS IN LIEU OF TAXES:
   (a)  an  assessment by the agency of all material information included
 in connection with the application for financial assistance OR  PAYMENTS
 IN  LIEU  OF  TAXES,  as  necessary to afford a reasonable basis for the
 decision by the agency to provide financial assistance  OR  PAYMENTS  IN
 LIEU OF TAXES for the project;

 S. 4720--B                          4

   (b)  a written cost-benefit analysis by the agency that identifies the
 extent to which a project  will  create  or  retain  permanent,  private
 sector  jobs;  the estimated value of any tax exemptions to be provided;
 the amount of private sector investment generated or likely to be gener-
 ated  by  the  proposed  project;  the  likelihood  of accomplishing the
 proposed project in a timely  fashion;  and  the  extent  to  which  the
 proposed  project will provide additional sources of revenue for munici-
 palities and school districts; and any other public benefits that  might
 occur as a result of the project;
   (c)  a  statement by the applicant that the project, as of the date of
 the application, is in substantial compliance  with  all  provisions  of
 this  article  including,  but  not  limited  to, the provisions of this
 section and subdivision one of section eight hundred sixty-two  of  this
 [chapter] TITLE; and
   (d)  if  the project involves the removal or abandonment of a facility
 or plant within the state, notification by the agency to the chief exec-
 utive officer or officers of the municipality or municipalities in which
 the facility or plant was located.
   6. Each agency shall develop a uniform agency project  agreement  that
 sets  forth  terms  and  conditions  under which financial assistance OR
 PAYMENTS IN LIEU OF TAXES shall be provided. The uniform agency  project
 agreement  shall  be  used  by the agency and no financial assistance OR
 PAYMENTS IN LIEU OF TAXES shall  be  provided  in  the  absence  of  the
 execution  of  such  an  agreement. The uniform agency project agreement
 shall, at a minimum:
   (a) describe the project and the financial assistance OR  PAYMENTS  IN
 LIEU  OF  TAXES,  including the amount and type, to be provided, and the
 agency purpose to be achieved;
   (b) require each project owner, occupant or operator receiving  finan-
 cial  benefits OR PAYMENTS IN LIEU OF TAXES to provide annually a certi-
 fied statement and documentation:  (i) enumerating the full time  equiv-
 alent  jobs  retained  and  the  full  time equivalent jobs created as a
 result of the financial assistance OR PAYMENTS  IN  LIEU  OF  TAXES,  by
 category,  including  full  time  equivalent  independent contractors or
 employees of independent contractors that work at the project  location,
 and (ii) indicating that the salary and fringe benefit averages or rang-
 es for categories of jobs retained and jobs created that was provided in
 the  application  is  still  accurate  and  if it is not still accurate,
 providing a revised list of salary and fringe benefit averages or ranges
 for categories of jobs retained and jobs created[.];
   (c) indicate the dates when PILOT payments are to be made and  provide
 an  estimate  of  the  amounts for each affected tax jurisdiction of any
 payments in lieu of taxes that are included as part of the  transaction,
 or formula or formulas by which those amounts may be calculated. In lieu
 of  providing such information, a copy of an executed payment in lieu of
 tax agreement that contains the same information may be attached to  the
 uniform agency project agreement;
   (e)  provide for the suspension or discontinuance of financial assist-
 ance OR PAYMENTS IN LIEU OF  TAXES,  or  for  the  modification  of  any
 payment  in  lieu  of  tax  agreement  to require increased payments, in
 accordance with policies developed by the  agency  pursuant  to  section
 eight hundred seventy-four of this title;
   (f)  provide  for the return of all or a part of the financial assist-
 ance OR PAYMENTS IN LIEU OF TAXES provided for  the  project,  including
 all  or  part of the amount of any tax exemptions, which shall be redis-
 tributed to the appropriate affected tax jurisdiction, as  provided  for

 S. 4720--B                          5
 
 in  policies  developed  by the agency pursuant to section eight hundred
 seventy-four of this title, unless agreed  to  otherwise  by  any  local
 taxing jurisdiction or jurisdictions; and
   (g)  provide  that the owner, occupant or operator receiving financial
 assistance OR PAYMENTS IN LIEU OF TAXES shall certify, under penalty  of
 perjury,  that it is in substantial compliance with all local, state and
 federal tax, worker protection and environmental laws, rules  and  regu-
 lations.
   §  4.  The  general  municipal  law is amended by adding a new section
 859-c to read as follows:
   § 859-C. NOTICE OF AGENDA. A PRINTED CALENDAR OF ITEMS  TO  BE  HEARD,
 WHICH  MAY BE SUBJECT TO LATER AMENDMENT, SHALL BE MADE AVAILABLE TO THE
 PUBLIC AND FORWARDED TO THE  MEMBERS  AND  CHAIRMAN  OF  THE  INDUSTRIAL
 DEVELOPMENT  AGENCY AT LEAST THREE DAYS IN ADVANCE OF THE MEETING. WHERE
 AN INDUSTRIAL DEVELOPMENT AGENCY MAINTAINS  A  WEBSITE,  THE  NOTICE  OF
 AGENDA  SHALL  ALSO  BE  POSTED  ON SUCH INDUSTRIAL DEVELOPMENT AGENCY'S
 WEBSITE.
   § 5. The general municipal law is amended  by  adding  a  new  section
 859-d to read as follows:
   §  859-D. SCHOOL BOARD REPORTING. EVERY INDUSTRIAL DEVELOPMENT AGENCY,
 CONTINUED OR CREATED BY THIS CHAPTER OR ANY OTHER LAW OF THE STATE SHALL
 SUBMIT TO THE LOCAL SCHOOL BOARD PRESIDENT AND SUPERINTENDENT OR  BOARDS
 PRESIDENTS  AND  SUPERINTENDENTS OVERLAPPING WITH AN INDUSTRIAL DEVELOP-
 MENT AGENCY, WITHIN NINETY DAYS AFTER THE END OF ITS FISCAL YEAR, A COPY
 OF THE FINAL REPORT REQUIRED BY SUBDIVISION TWO OF SECTION  TWENTY-EIGHT
 HUNDRED  OF THE PUBLIC AUTHORITIES LAW AND THE AUDITS REQUIRED BY SUBDI-
 VISION TWO OF SECTION TWENTY-EIGHT HUNDRED TWO OF THE PUBLIC AUTHORITIES
 LAW.
   § 6. This act shall take effect immediately.

Senate Bill S4720B

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2019-S4720A - Details

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

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2019-S4720 - Details

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