S T A T E O F N E W Y O R K
________________________________________________________________________
977
2023-2024 Regular Sessions
I N A S S E M B L Y
January 11, 2023
___________
Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee on Local Governments
AN ACT to amend the general municipal law and the public authorities
law, in relation to notice procedures prior to approval of projects by
industrial development agencies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1-a of section 859-a of the general municipal
law, as added by a chapter of the laws of 2022 amending the general
municipal law and the public authorities law relating to requiring
notice and confirmation of such notice by affected local taxing juris-
dictions and school districts prior to approval of projects by indus-
trial development agencies, as proposed in legislative bills numbers S.
3256 and A. 10056, is amended and a new subdivision 7 is added to read
as follows:
1-a. The agency shall deliver a copy of the resolution adopted pursu-
ant to subdivision one of this section by certified mail, return receipt
requested OR AN ELECTRONIC CORRESPONDENCE WITH A READ-RECEIPT, to the
chief executive officer of each affected local taxing jurisdiction. When
the affected local taxing jurisdiction is a school district, the agency
shall deliver a copy of such resolution by certified mail, return
receipt requested OR AN ELECTRONIC CORRESPONDENCE WITH A READ-RECEIPT,
to the [school board] DISTRICT CLERK and district superintendent of each
affected school district.
7. EACH AGENCY SHALL ESTABLISH A PROCEDURE FOR COMPLIANCE WITH THE
NOTIFICATION REQUIREMENTS, INCLUDING IDENTIFICATION OF THE NOTIFICATION
METHOD, UNDER SUBDIVISION ONE-A OF THIS SECTION AND PARAGRAPH (B) OF
SUBDIVISION FOUR OF SECTION EIGHT HUNDRED SEVENTY-FOUR OF THIS TITLE.
§ 2. Paragraph (b) of subdivision 4 of section 874 of the general
municipal law, as amended by a chapter of the laws of 2022 amending the
general municipal law and the public authorities law relating to requir-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04215-01-3
A. 977 2
ing notice and confirmation of such notice by affected local taxing
jurisdictions and school districts prior to approval of projects by
industrial development agencies, as proposed in legislative bills
numbers S. 3256 and A. 10056, is amended to read as follows:
(b) The agency shall establish a procedure for deviation from the
uniform tax exemption policy required pursuant to this subdivision. The
agency shall set forth in writing the reasons for deviation from such
policy, and shall further notify by certified mail, return receipt
requested OR AN ELECTRONIC CORRESPONDENCE WITH A READ-RECEIPT, the
affected local taxing jurisdictions of the proposed deviation from such
policy and the reasons therefor. When the affected local taxing juris-
diction is a school district, the agency shall notify by certified mail,
return receipt requested OR AN ELECTRONIC CORRESPONDENCE WITH A READ-RE-
CEIPT, the [school board] DISTRICT CLERK and district superintendent of
each affected school district.
§ 3. Subdivision 1-a of section 1953-a of the public authorities law,
as added by a chapter of the laws of 2022 amending the general municipal
law and the public authorities law relating to requiring notice and
confirmation of such notice by affected local taxing jurisdictions and
school districts prior to approval of projects by industrial development
agencies, as proposed in legislative bills numbers S. 3256 and A. 10056,
is amended and a new subdivision 4 is added to read as follows:
1-a. The authority shall deliver a copy of the resolution adopted
pursuant to subdivision one of this section by certified mail, return
receipt requested OR AN ELECTRONIC CORRESPONDENCE WITH A READ RECEIPT,
to the chief executive officer of each affected tax jurisdiction. When
the affected tax jurisdiction is a school district, the authority shall
deliver a copy of such resolution by certified mail, return receipt
requested OR AN ELECTRONIC CORRESPONDENCE WITH A READ-RECEIPT, to the
[school board] DISTRICT CLERK and district superintendent of each
affected school district.
4. THE AUTHORITY SHALL ESTABLISH A PROCEDURE FOR COMPLIANCE WITH THE
NOTIFICATION REQUIREMENTS, INCLUDING IDENTIFICATION OF THE NOTIFICATION
METHOD, UNDER SUBDIVISION ONE-A OF THIS SECTION AND SUBDIVISION TWO OF
SECTION NINETEEN HUNDRED SIXTY-THREE-A OF THIS TITLE.
§ 4. Subdivision 2 of section 1963-a of the public authorities law, as
amended by a chapter of the laws of 2022 amending the general municipal
law and the public authorities law relating to requiring notice and
confirmation of such notice by affected local taxing jurisdictions and
school districts prior to approval of projects by industrial development
agencies, as proposed in legislative bills numbers S. 3256 and A. 10056,
is amended to read as follows:
2. The authority shall establish a procedure for deviation from the
uniform tax exemption policy required pursuant to this section. The
authority shall set forth in writing the reasons for deviation from such
policy, and shall further notify by certified mail, return receipt
requested OR AN ELECTRONIC CORRESPONDENCE WITH A READ-RECEIPT, the
affected tax jurisdictions of the proposed deviation from such policy
and the reasons therefor. When the affected tax jurisdiction is a
school district, the authority shall notify by certified mail, return
receipt requested OR AN ELECTRONIC CORRESPONDENCE WITH A READ-RECEIPT,
the [school board] DISTRICT CLERK and district superintendent of each
affected school district.
§ 5. Subdivision 1-a of section 2307 of the public authorities law, as
added by a chapter of the laws of 2022 amending the general municipal
law and the public authorities law relating to requiring notice and
A. 977 3
confirmation of such notice by affected local taxing jurisdictions and
school districts prior to approval of projects by industrial development
agencies, as proposed in legislative bills numbers S. 3256 and A. 10056,
is amended and a new subdivision 4 is added to read as follows:
1-a. The authority shall deliver a copy of the resolution adopted
pursuant to subdivision one of this section by certified mail, return
receipt requested OR AN ELECTRONIC CORRESPONDENCE WITH A READ-RECEIPT,
to the chief executive officer of each affected tax jurisdiction. When
the affected tax jurisdiction is a school district, the authority shall
deliver a copy of such resolution by certified mail, return receipt
requested OR AN ELECTRONIC CORRESPONDENCE WITH A READ-RECEIPT, to the
[school board] DISTRICT CLERK and district superintendent of each
affected school district.
4. THE AUTHORITY SHALL ESTABLISH A PROCEDURE FOR COMPLIANCE WITH THE
NOTIFICATION REQUIREMENTS, INCLUDING IDENTIFICATION OF THE NOTIFICATION
METHOD, OF SUBDIVISION ONE-A OF THIS SECTION AND SUBDIVISION TWO OF
SECTION TWENTY-THREE HUNDRED FIFTEEN OF THIS TITLE.
§ 6. Subdivision 2 of section 2315 of the public authorities law, as
amended by a chapter of the laws of 2022 amending the general municipal
law and the public authorities law relating to requiring notice and
confirmation of such notice by affected local taxing jurisdictions and
school districts prior to approval of projects by industrial development
agencies, as proposed in legislative bills numbers S. 3256 and A. 10056,
is amended to read as follows:
2. The authority shall establish a procedure for deviation from the
uniform tax exemption policy required pursuant to this section. The
authority shall set forth in writing the reasons for deviation from such
policy, and shall further notify by certified mail, return receipt
requested OR AN ELECTRONIC CORRESPONDENCE WITH A READ-RECEIPT, the
affected local taxing jurisdictions of the proposed deviation from such
policy and the reasons therefor. When the affected tax jurisdiction is a
school district, the authority shall notify by certified mail, return
receipt requested OR AN ELECTRONIC CORRESPONDENCE WITH A READ-RECEIPT,
the [school board] DISTRICT CLERK and district superintendent of each
affected school district.
§ 7. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2022 amending the general municipal
law and the public authorities law relating to requiring notice and
confirmation of such notice by affected local taxing jurisdictions and
school districts prior to approval of projects by industrial development
agencies, as proposed in legislative bills numbers S. 3256 and A. 10056,
takes effect.