NY State Senate Bill 2023-S1337

Senate Bill S1337

Signed By Governor

2023-2024 Legislative Session

Relates to notice procedures prior to approval of projects by industrial development agencies

download bill text pdf

Current Bill Status Via A977 - Signed by Governor

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 03, 2023	signed chap.32 delivered to governor
Jan 30, 2023	returned to assembly passed senate 3rd reading cal.105 substituted for s1337
Jan 30, 2023	substituted by a977
Jan 17, 2023	ordered to third reading cal.105
Jan 11, 2023	referred to rules

Votes

- Jan 30, 2023 - Floor Vote
  A977
  
  59
  
  Aye
  
  4
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jan 30, 2023
      
      aye (59)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      nay (4)
      
      Borrello
      
      Griffo
      
      Oberacker
      
      Ortt
  Jan 17, 2023 - Rules Committee Vote
  S1337
  
  18
  
  Aye
  
  2
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jan 17, 2023
      
      aye (18)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Helming
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      nay (2)
      
      O'Mara
      
      Ortt
      
      excused (1)
      
      Mayer

co-Sponsors

2023-S1337 (ACTIVE) - Details

See Assembly Version of this Bill:: A977
Law Section:: General Municipal Law
Laws Affected:: Amd §§859-a & 874, Gen Muni L; amd §§1953-a, 1963-a, 2307 & 2315, Pub Auth L (as proposed in S.3256 & A.10056)

2023-S1337 (ACTIVE) - Summary

Relates to notice procedures prior to approval of projects by industrial development agencies; includes electronic correspondence with read-receipts.

2023-S1337 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1337

SPONSOR: COMRIE
 
TITLE OF BILL:

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

 
PURPOSE OF BILL:

This is a chapter amendment that makes changes to provisions of L.2022,
c.766.

 
SUMMARY OF SPECIFIC PROVISIONS:

This legislation amends the underlying chapter by permitting notices via
email.

 
JUSTIFICATION:

The underlying legislation required Industrial Development Agencies
(IDAs) to send notifications of proposed financial incentives for a
project and any reasons for deviation from their uniform tax exemption
policy to affected local taxing jurisdictions by certified mail, return
receipt requested.

Pursuant to approval memo 68 of 2022, the Executive and Legislature
reached this agreement to allow notices required by the underlying chap-
ter to occur by email with a read-receipt (as opposed to only be certi-
fied mail), and to require IDAs to establish procedures for complying
with the notification requirement and identifying the notification meth-
od that will be used for local taxing jurisdictions.  In cases of school
district notifications, the chapter amendment changes the entity who
will he notified from the school board to the district clerk, as the
district clerk is the usual and customary recipient of notices to school
districts.

 
LEGISLATIVE HISTORY:

Chapter amendment to Chapter 766 of the Laws of 2022.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
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.

2023-S1337 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1337
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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

 S. 1337                             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
 S. 1337                             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.

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Senate Bill S1337

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Sponsored By

Leroy Comrie