S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1802
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Local Governments
 
 AN ACT to amend the general municipal law and the tax law,  in  relation
   to  creating the Eastchester creek intermunicipal economic revitaliza-
   tion agency
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Article  15-B  of the general municipal law is amended by
 adding a new title 119 to read as follows:
                                 TITLE 119
                             EASTCHESTER CREEK
               INTERMUNICIPAL ECONOMIC REVITALIZATION AGENCY
 SECTION 680-F. EASTCHESTER CREEK INTERMUNICIPAL ECONOMIC  REVITALIZATION
                  AGENCY.
   §  680-F.  EASTCHESTER  CREEK  INTERMUNICIPAL  ECONOMIC REVITALIZATION
 AGENCY.  (A) FOR THE BENEFIT OF THE CITY OF MOUNT VERNON AND THE VILLAGE
 OF PELHAM MANOR AND THE INHABITANTS  THEREOF,  A  COMMUNITY  DEVELOPMENT
 AGENCY,  TO  BE  KNOWN  AS THE EASTCHESTER CREEK INTERMUNICIPAL ECONOMIC
 REVITALIZATION AGENCY, IS HEREBY ESTABLISHED FOR THE  ACCOMPLISHMENT  OF
 ANY  OR  ALL OF THE PURPOSES SPECIFIED IN ARTICLES FIFTEEN AND FIFTEEN-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 ARTICLES FIFTEEN AND FIFTEEN-A  OF  THIS  CHAPTER
 UPON  COMMUNITY  DEVELOPMENT  AGENCIES AND PROVIDED THAT THE EXERCISE OF
 THE POWERS BY SUCH AGENCY WITH RESPECT TO THE ACQUISITION OF REAL  PROP-
 ERTY WHETHER BY PURCHASE, CONDEMNATION OR OTHERWISE, SHALL BE LIMITED TO
 THE  AREA DEFINED AS THE EASTCHESTER CREEK INTERMUNICIPAL ECONOMIC REVI-
 TALIZATION AREA AND SUCH AGENCY SHALL TAKE INTO CONSIDERATION THE  LOCAL
 ZONING  AND  PLANNING  REGULATIONS  AS  WELL  AS  THE REGIONAL AND LOCAL
 COMPREHENSIVE LAND USE PLANS IN ANY  ACTIONS  THEY  TAKE.  IT  SHALL  BE
 ORGANIZED  IN A MANNER PRESCRIBED BY AND BE SUBJECT TO THE PROVISIONS OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00211-01-1

 A. 1802                             2
 
 ARTICLES FIFTEEN AND FIFTEEN-A OF THIS CHAPTER  AND  THE  INTERMUNICIPAL
 AGREEMENT  SIGNED  BY  BOTH MUNICIPALITIES. ITS MEMBERS SHALL CONSIST OF
 THE MAYOR OF THE CITY OF MOUNT VERNON AND THE MAYOR OF  THE  VILLAGE  OF
 PELHAM  MANOR.  THE  AGENCY, ITS MEMBERS AND OFFICERS AND ITS OPERATIONS
 AND ACTIVITIES SHALL IN ALL OTHER RESPECTS BE GOVERNED BY THE PROVISIONS
 OF ARTICLES FIFTEEN AND FIFTEEN-A OF THIS CHAPTER AND THE INTERMUNICIPAL
 AGREEMENT SIGNED BY BOTH MUNICIPALITIES.   PROVIDED, HOWEVER,  THAT  THE
 EASTCHESTER  CREEK  INTERMUNICIPAL  ECONOMIC REVITALIZATION AGENCY SHALL
 DEFER TO THE RESPECTIVE VILLAGE OR CITY ON ZONING AND LAND USE LAWS  AND
 DETERMINATIONS AND OTHER MUNICIPAL REGULATORY CHANGES.
   (B)  THE AREA DEFINED AS THE EASTCHESTER CREEK INTERMUNICIPAL ECONOMIC
 REVITALIZATION AREA SHALL CONSIST OF (I) THAT PORTION  OF  THE  CITY  OF
 MOUNT  VERNON, APPROXIMATELY TWO HUNDRED THIRTY-ONE ACRES IN SIZE, WHICH
 IS BOUNDED BY SANDFORD BOULEVARD ON THE NORTH, THE CITY OF NEW  YORK  ON
 THE  SOUTH,  SOUTH  THIRD  AVENUE  ON  THE WEST AND THE HUTCHINSON RIVER
 (EASTCHESTER CREEK OR CANAL) ON THE EAST, AND (II) THAT PORTION  OF  THE
 VILLAGE  OF  PELHAM  MANOR, TRIANGULAR IN SHAPE, WHICH IS BOUNDED BY THE
 HUTCHINSON RIVER (EASTCHESTER CREEK OR CANAL) ON THE WEST, THE  HUTCHIN-
 SON RIVER PARKWAY ON THE EAST AND THE CITY OF NEW YORK ON THE SOUTH.
   §  2. The tax law is amended by adding a new section 1210-f to read as
 follows:
   § 1210-F. SALES AND COMPENSATING USE TAX FOR PURPOSES OF THE EASTCHES-
 TER CREEK INTERMUNICIPAL ECONOMIC REVITALIZATION AREA. FOR  THE  PURPOSE
 OF ESTABLISHING A UNIFORM TAX RATE WITHIN THE EASTCHESTER CREEK INTERMU-
 NICIPAL  ECONOMIC  REVITALIZATION  AREA,  THE VILLAGE OF PELHAM MANOR IS
 HEREBY AUTHORIZED AND EMPOWERED TO ADOPT AND  AMEND  LOCAL  LAWS,  ORDI-
 NANCES  OR  RESOLUTIONS  IMPOSING  WITHIN THE TERRITORIAL LIMITS OF THAT
 PORTION OF THE VILLAGE OF PELHAM MANOR WHICH IS WITHIN  THE  EASTCHESTER
 CREEK  INTERMUNICIPAL  ECONOMIC REVITALIZATION AREA ADDITIONAL SALES AND
 COMPENSATING USE TAXES AT THE RATE NECESSARY FROM TIME TO TIME TO EQUAL-
 IZE THE RATE OF SUCH TAXES IN THAT AREA WITH THE RATE OF SUCH  TAXES  IN
 THE CITY OF MOUNT VERNON. EXCEPT AS HEREINAFTER PROVIDED, ALL PROVISIONS
 OF  THIS  ARTICLE, INCLUDING THE DEFINITION AND EXEMPTION PROVISIONS AND
 THE PROVISIONS RELATING TO THE ADMINISTRATION, COLLECTION  AND  DISTRIB-
 UTION BY THE COMMISSIONER, SHALL APPLY FOR PURPOSES OF THE TAXES AUTHOR-
 IZED  BY  THIS  SECTION  IN  THE SAME MANNER AND WITH THE SAME FORCE AND
 EFFECT AS IF THE LANGUAGE OF THIS ARTICLE HAD BEEN INCORPORATED IN  FULL
 IN  THIS  SECTION  AND HAD EXPRESSLY REFERRED TO THE TAXES AUTHORIZED BY
 THIS SECTION; PROVIDED, HOWEVER, THAT ANY PROVISION RELATING TO A  MAXI-
 MUM RATE SHALL BE CALCULATED WITHOUT REFERENCE TO THE RATE OF ADDITIONAL
 SALES AND COMPENSATING USE TAXES HEREIN AUTHORIZED. FOR PURPOSES OF PART
 IV  OF  THIS  ARTICLE, RELATING TO THE DISPOSITION OF REVENUES RESULTING
 FROM TAXES COLLECTED AND ADMINISTERED BY  THE  COMMISSIONER,  THE  ADDI-
 TIONAL  SALES  AND  COMPENSATING  USE  TAXES  AUTHORIZED BY THIS SECTION
 IMPOSED UNDER THE AUTHORITY  OF  SECTION  TWELVE  HUNDRED  TEN  OF  THIS
 SUBPART  AND  ALL PROVISIONS RELATING TO THE DEPOSIT, ADMINISTRATION AND
 DISPOSITION OF TAXES, PENALTIES AND INTEREST RELATING TO  TAXES  IMPOSED
 BY  A  COUNTY  UNDER THE AUTHORITY OF SECTION TWELVE HUNDRED TEN OF THIS
 SUBPART SHALL, EXCEPT AS OTHERWISE PROVIDED IN THIS  SECTION,  APPLY  TO
 THE  ADDITIONAL  SALES  AND  COMPENSATING  USE  TAXES AUTHORIZED BY THIS
 SECTION, PROVIDED, HOWEVER,  THAT  ALL  TAXES,  PENALTIES  AND  INTEREST
 IMPOSED  BY  THE  VILLAGE  OF  PELHAM  MANOR UNDER THE AUTHORITY OF THIS
 SECTION WHICH ARE COLLECTED BY THE COMMISSIONER SHALL  BE  DEPOSITED  AS
 PROVIDED  IN  SECTION TWELVE HUNDRED SIXTY-ONE OF THIS ARTICLE, SHALL BE
 HELD IN TRUST BY THE COMPTROLLER FOR  THE  BENEFIT  OF  THE  VILLAGE  OF
 PELHAM  MANOR  AS PROVIDED THEREIN AND, AFTER RESERVING SUCH REFUND FUND

 A. 1802                             3
 
 AND SUCH COSTS AS ARE PROVIDED FOR THEREIN, SHALL BE PAID TO THE  APPRO-
 PRIATE  FISCAL OFFICER OF THE VILLAGE OF PELHAM MANOR IN THE SAME MANNER
 AS IS PROVIDED THEREIN FOR PAYMENT TO THE FISCAL OFFICERS OF  THE  OTHER
 TAXING JURISDICTIONS PROVIDED FOR THEREIN.
   § 3. This act shall take effect immediately.