NY State Senate Bill 2019-S572

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
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Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to local government
Jan 09, 2019	referred to local government

2019-S572 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §§891-a, 898-a, 901-a, 914-a, 925-t & 925-v, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S840
2015-2016: S766
2017-2018: S1833
2021-2022: S3973

2019-S572 (ACTIVE) - Summary

Restricts the formation of new development agencies in Erie County.

2019-S572 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S572

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to restricting
the formation of new development agencies in Erie county

 
PURPOSE OR GENERAL IDEA OF THE BILL:

This bill would allow only the Erie County Industrial Development Agency
to exempt state and county taxes, without prior approval.  Further, this
bill would require any town Industrial Development Agencies within Erie
County to seek approval if they wish to exempt any taxes other than the
individual town's, property taxes.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 891-a of the general municipal law by limiting
the authority of town industrial development agencies located within
Erie County to exempt certain taxes.

Section 2 amends section 898-a of the general municipal law stating
section 891-a is controlling law in the event of any inconsistencies.

Section 3 amends section 901-a of the general municipal law stating
section 891-a is controlling law in the event of any inconsistencies.

Section 4 amends section 914-a of the general municipal law stating
section 891-a is controlling law in the event of any inconsistencies.

Section 5 amends section 925-t of the general municipal law stating
section 891-a is controlling law in the event of any inconsistencies.

Section 6 amends section 925-v of the general municipal law stating
section 891-a is controlling law in the event of any inconsistencies.

 
JUSTIFICATION:

Currently, Erie County has 5 town IDAs (Amherst, Clarence, Concord,
Hamburg, and Lancaster) in addition to the Erie County IDA. The ECIDA
has power and authority to act on a countywide basis while the town IDAs
can only act on projects within the boundaries of their town.  This
leads to competition between the town IDAs in attempting to lure busi-
nesses to their municipalities. The taxes generally waived by these town
IDAs consist of-state and county taxes, as well as, the taxes of school
districts and other municipalities. This results in the town IDAs
competing to exempt taxes from the same general pool of tax revenue. The
ECIDA is in a better position to oversee the tax exemptions granted to
businesses and implement regional strategies for economic growth.

 
PRIOR LEGISLATIVE HISTORY:

2012: A.10560 Referred to Rules
2013-14: S.840 REFERRED TO LOCAL GOVERNMENT:
2015-16: S.766 REFERRED TO LOCAL GOVERNMENT
2017-18: S.1833/A.7072

 
FISCAL IMPLICATIONS:
No fiscal implications to the state. State tax revenues should increase
as the ECIDA will be the sole IDA which can exempt state taxes.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S572 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    572
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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  restricting
   the formation of new development agencies in Erie county

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 891-a of the general municipal law  is  amended  by
 adding a new subdivision 3 to read as follows:
   3.  (A) NOTWITHSTANDING THE PROVISIONS OF SECTION EIGHT HUNDRED FIFTY-
 SIX OF THIS ARTICLE OR ANY OTHER LAW, RULE OR REGULATION TO THE  CONTRA-
 RY, NO NEW INDUSTRIAL DEVELOPMENT AGENCY MAY BE FORMED WITHIN ERIE COUN-
 TY.
   (B)  NOTWITHSTANDING  THE PROVISIONS OF SECTION EIGHT HUNDRED SEVENTY-
 FOUR OF THIS ARTICLE OR ANY OTHER LAW, RULE OR REGULATION TO THE CONTRA-
 RY, WITHIN ERIE COUNTY, ONLY PROJECTS THAT ARE UNDERTAKEN  BY  THE  ERIE
 COUNTY INDUSTRIAL DEVELOPMENT AGENCY:
   (1) MAY BE EXEMPT FROM THE FOUR PERCENT SALES AND COMPENSATING USE TAX
 IMPOSED FOR THE BENEFIT OF NEW YORK STATE BY ARTICLE TWENTY-EIGHT OF THE
 TAX LAW;
   (2)  MAY  BE EXEMPT FROM THE THREE PERCENT, ADDITIONAL ONE PERCENT AND
 THE ADDITIONAL THREE-QUARTERS OF ONE PERCENT SALES AND COMPENSATING  USE
 TAX IMPOSED BY SECTION TWELVE HUNDRED TEN OF THE TAX LAW;
   (3)  MAY  BE  EXEMPT FROM REAL PROPERTY TAXES IMPOSED BY THE COUNTY OF
 ERIE, PROVIDED HOWEVER, COUNTY REAL PROPERTY TAX RELIEF MAY  BE  GRANTED
 BY A TOWN INDUSTRIAL DEVELOPMENT AGENCY FOR PROJECTS LOCATED WITHIN SUCH
 TOWN,  IF  THE  ERIE  COUNTY INDUSTRIAL DEVELOPMENT AGENCY CONSENTS ON A
 PROJECT BY PROJECT BASIS BY RESOLUTION AT A REGULAR OR  SPECIAL  MEETING
 TO SUCH REAL PROPERTY TAX EXEMPTION;
   (4)  MAY  BE  EXEMPT  FROM  REAL  PROPERTY TAXES IMPOSED BY A VILLAGE,
 PROVIDED HOWEVER, VILLAGE REAL PROPERTY TAX RELIEF MAY BE GRANTED  ON  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02607-01-9

 S. 572                              2
 
 PROJECT  BY  PROJECT  BASIS  BY A TOWN INDUSTRIAL DEVELOPMENT AGENCY FOR
 PROJECTS LOCATED WITHIN A VILLAGE WHICH IS PART OF SUCH  TOWN,  IF  SUCH
 VILLAGE  CONSENTS  BY  A RESOLUTION DULY ADOPTED AT A REGULAR OR SPECIAL
 MEETING OF SUCH VILLAGE BOARD TO SUCH REAL PROPERTY TAX EXEMPTION;
   (5)  MAY  BE  EXEMPT  FROM  REAL  PROPERTY  TAXES  IMPOSED BY A SCHOOL
 DISTRICT, PROVIDED HOWEVER, SCHOOL DISTRICT REAL PROPERTY TAX RELIEF MAY
 BE GRANTED ON A PROJECT BY PROJECT BASIS BY A TOWN  INDUSTRIAL  DEVELOP-
 MENT  AGENCY FOR PROJECTS LOCATED WITHIN A SCHOOL DISTRICT WHICH IS PART
 OF SUCH TOWN, IF SUCH SCHOOL DISTRICT  CONSENTS  BY  A  RESOLUTION  DULY
 ADOPTED  AT  A  REGULAR  OR  SPECIAL MEETING OF THE BOARD OF SUCH SCHOOL
 DISTRICT TO SUCH REAL PROPERTY TAX EXEMPTION; AND
   (6) MAY BE EXEMPT FROM THE MORTGAGE RECORDING TAX IMPOSED  BY  ARTICLE
 ELEVEN OF THE TAX LAW.
   (C)  NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, TOWN
 INDUSTRIAL DEVELOPMENT AGENCIES WITHIN ERIE  COUNTY  ARE  AUTHORIZED  TO
 ENTER INTO COOPERATIVE AGREEMENTS WITH THE ERIE COUNTY INDUSTRIAL DEVEL-
 OPMENT  AGENCY  WHEREBY  THE  RIGHTS, OBLIGATIONS, DUTIES, AND ASSETS OF
 SUCH TOWN INDUSTRIAL DEVELOPMENT AGENCY ARE TRANSFERRED IN WHOLE  OR  IN
 PART TO THE ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY SO LONG ANY PLEDGE
 THAT  MAY  HAVE  BEEN  PROVIDED BY THE STATE, SUCH MUNICIPALITY, OR SUCH
 TOWN INDUSTRIAL DEVELOPMENT AGENCY PURSUANT TO THE PROVISIONS OF SECTION
 EIGHT HUNDRED SIXTY-EIGHT OF THIS ARTICLE  IS  NOT  ADVERSELY  AFFECTED.
 INSOFAR AS THE PROVISIONS OF THIS PARAGRAPH ARE INCONSISTENT WITH ANY OF
 THE  PROVISIONS  OF  SECTION  EIGHT HUNDRED NINETY-EIGHT-A, NINE HUNDRED
 ONE-A, NINE HUNDRED FOURTEEN-A (AS ADDED BY CHAPTER FIVE HUNDRED  SEVEN-
 TY-NINE  OF  THE  LAWS  OF NINETEEN HUNDRED SEVENTY-THREE), NINE HUNDRED
 TWENTY-FIVE-T  OR  NINE  HUNDRED  TWENTY-FIVE-V  OF  THIS   TITLE,   THE
 PROVISIONS OF THIS PARAGRAPH SHALL BE CONTROLLING.
   §  2.  Section 898-a of the general municipal law, as added by chapter
 995 of the laws of 1972, is amended to read as follows:
   § 898-a. Town of Lancaster  industrial  development  agency.  For  the
 benefit of the town of Lancaster in the county of Erie, and the inhabit-
 ants  thereof, an industrial development agency, to be known as the TOWN
 OF LANCASTER INDUSTRIAL DEVELOPMENT AGENCY, is  hereby  established  for
 the  accomplishment of any or all of the purposes specified in title one
 of THIS article [eighteen-A of this chapter].   It  shall  constitute  a
 body corporate and politic, and be perpetual in duration.  It shall have
 the  powers  and  duties now or hereafter conferred by title one of THIS
 article [eighteen-A of this chapter] upon industrial  development  agen-
 cies  and  provided  that the exercise of the powers by such agency with
 respect to the acquisition of real property whether by purchase, condem-
 nation or otherwise, shall be limited to the  corporate  limits  of  the
 Town  of  Lancaster,  and  such agency shall take into consideration the
 local zoning and planning regulations as well as the regional and  local
 comprehensive  land  use  plans.  It  shall  be  organized  in  a manner
 prescribed by and be subject to the provisions  of  title  one  of  THIS
 article  [eighteen-A of this chapter]. Its members shall be appointed by
 the governing body of the Town of Lancaster. The  agency,  its  members,
 officers  and  employees  and its operations and activities shall in all
 respects be governed by the provisions of  title  one  of  THIS  article
 [eighteen-A  of this chapter].  INSOFAR AS ANY OF THE PROVISIONS OF THIS
 SECTION ARE INCONSISTENT WITH THE PROVISIONS  OF  SUBDIVISION  THREE  OF
 SECTION EIGHT HUNDRED NINETY-ONE-A OF THIS TITLE, THE PROVISIONS OF SUCH
 SUBDIVISION SHALL BE CONTROLLING.
   §  3.  Section 901-a of the general municipal law, as added by chapter
 364 of the laws of 1973, is amended to read as follows:

 S. 572                              3
 
   § 901-a. Town of Clarence, Erie county, industrial development agency.
 For the benefit of the town of Clarence, Erie county, and  the  inhabit-
 ants  thereof, an industrial development agency, to be known as the TOWN
 OF CLARENCE, ERIE  COUNTY,  INDUSTRIAL  DEVELOPMENT  AGENCY,  is  hereby
 established  for the accomplishment of any or all of the purposes speci-
 fied in title one of THIS article [eighteen-A of this chapter]. It shall
 constitute a body corporate and politic, and be perpetual  in  duration.
 It  shall have the powers and duties now or hereafter conferred by title
 one of THIS article [eighteen-A of this chapter] upon industrial  devel-
 opment  agencies  and  provided  that the exercise of the powers by such
 agency with respect to the  acquisition  of  real  property  whether  by
 purchase,  condemnation  or otherwise, shall be limited to the corporate
 limits of the town of Clarence, and such agency shall take into  consid-
 eration  the  local  zoning  and  planning  regulations  as  well as the
 regional and local comprehensive land use plans. It shall  be  organized
 in  a manner prescribed by and be subject to the provisions of title one
 of THIS article [eighteen-A of  this  chapter].  Its  members  shall  be
 appointed by the governing body of the town of Clarence. The agency, its
 members,  officers and employees and its operations and activities shall
 in all respects be governed by the provisions of title one of THIS arti-
 cle [eighteen-A of this chapter]. INSOFAR AS ANY OF  THE  PROVISIONS  OF
 THIS  SECTION  ARE INCONSISTENT WITH THE PROVISIONS OF SUBDIVISION THREE
 OF SECTION EIGHT HUNDRED NINETY-ONE-A OF THIS TITLE, THE  PROVISIONS  OF
 SUCH SUBDIVISION SHALL BE CONTROLLING.
   §  4.  Section 914-a of the general municipal law, as added by chapter
 579 of the laws of 1973, is amended to read as follows:
   § 914-a. Town of Amherst industrial development agency. For the  bene-
 fit  of  the  town of Amherst in the county of Erie, and the inhabitants
 thereof, an industrial development agency, to be known as  the  TOWN  OF
 AMHERST  INDUSTRIAL  DEVELOPMENT  AGENCY,  is hereby established for the
 accomplishment of any or all of the purposes specified in title  one  of
 THIS  article  [eighteen-A  of this chapter]. It shall constitute a body
 corporate and politic, and be perpetual in duration. It shall  have  the
 power and duties now or hereafter conferred by title one of THIS article
 [eighteen-A  of  this  chapter] upon industrial development agencies and
 provided that the exercise of the powers by such agency with respect  to
 the  acquisition  of  real property whether by purchase, condemnation or
 otherwise, shall be limited to the  corporate  limits  of  the  town  of
 Amherst,  and such agency shall take into consideration the local zoning
 and planning regulations as well as the regional and local comprehensive
 land use plans. It shall be organized in a manner prescribed by  and  be
 subject  to  the  provisions of title one of THIS article [eighteen-A of
 this chapter]. Its members shall be appointed by the governing  body  of
 the town of Amherst. The agency, its members, officers and employees and
 its  operations  and activities shall in all respects be governed by the
 provisions of title one of THIS article [eighteen-A  of  this  chapter].
 INSOFAR  AS  ANY OF THE PROVISIONS OF THIS SECTION ARE INCONSISTENT WITH
 THE  PROVISIONS  OF  SUBDIVISION  THREE   OF   SECTION   EIGHT   HUNDRED
 NINETY-ONE-A  OF THIS TITLE, THE PROVISIONS OF SUCH SUBDIVISION SHALL BE
 CONTROLLING.
   § 5. Section 925-t of the general municipal law is amended by adding a
 new subdivision 3 to read as follows:
   3. INSOFAR AS ANY OF THE PROVISIONS OF THIS SECTION  ARE  INCONSISTENT
 WITH  THE PROVISIONS OF SUBDIVISION THREE OF SECTION EIGHT HUNDRED NINE-
 TY-ONE-A OF THIS TITLE, THE PROVISIONS  OF  SUCH  SUBDIVISION  SHALL  BE
 CONTROLLING.

 S. 572                              4
 
   § 6. Section 925-v of the general municipal law is amended by adding a
 new subdivision 3 to read as follows:
   3.  INSOFAR  AS ANY OF THE PROVISIONS OF THIS SECTION ARE INCONSISTENT
 WITH THE PROVISIONS OF SUBDIVISION THREE OF SECTION EIGHT HUNDRED  NINE-
 TY-ONE-A  OF  THIS  TITLE,  THE  PROVISIONS OF SUCH SUBDIVISION SHALL BE
 CONTROLLING.
   § 7. This act shall take effect  immediately;  provided,  however,  it
 shall not apply to any project approved by a town industrial development
 agency prior to the effective date of this act.

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Senate Bill S572

Sponsored By

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

2019-S572 (ACTIVE) - Details

2019-S572 (ACTIVE) - Summary

2019-S572 (ACTIVE) - Sponsor Memo

2019-S572 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S572

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Sponsored By

Timothy M. Kennedy

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

2019-S572 (ACTIVE) - Details

2019-S572 (ACTIVE) - Summary

2019-S572 (ACTIVE) - Sponsor Memo

2019-S572 (ACTIVE) - Bill Text download pdf

Comments