Legislation
SECTION 1963-A
Uniform tax exemption policy
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 11
§ 1963-a. Uniform tax exemption policy. 1. The authority shall
establish a uniform tax exemption policy, with input from affected local
taxing jurisdictions, which shall be applicable to provisions of
financial assistance pursuant to section nineteen hundred fifty-three-a
of this title and shall provide guidelines for the claiming of real
property, mortgage recording, and sales tax exemptions. Such guidelines
shall include, but not be limited to: period of exemption; percentage of
exemption; types of projects for which exemptions can be claimed;
procedures for payments in lieu of taxes and instances in which real
property appraisals are to be performed as a part of an application for
tax exemption; in addition, the authority in adopting such policy shall
consider such issues as: the extent to which a project will create or
retain permanent, private sector jobs; the estimated value of any tax
exemption to be provided; whether affected tax jurisdictions should be
reimbursed by the project occupant if a project does not fulfill the
purposes for which an exemption was provided; the impact of a proposed
project on existing and proposed businesses and economic development
projects in the vicinity; the amount of private sector investment
generated or likely to be generated by the proposed project; the
demonstrated public support for the proposed project; the likelihood of
accomplishing the proposed project in a timely fashion; the effect of
the proposed project upon the environment; the extent to which the
project will utilize, to the fullest extent practicable and economically
feasible, resource conservation, energy efficiency, green technologies,
and alternative and renewable energy measures; the extent to which the
proposed project will require the provision of additional services,
including, but not limited to additional educational, transportation,
police, emergency medical or fire services; and the extent to which the
proposed project will provide additional sources or revenue for
municipalities and school districts.
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
district clerk and district superintendent of each affected school
district.
establish a uniform tax exemption policy, with input from affected local
taxing jurisdictions, which shall be applicable to provisions of
financial assistance pursuant to section nineteen hundred fifty-three-a
of this title and shall provide guidelines for the claiming of real
property, mortgage recording, and sales tax exemptions. Such guidelines
shall include, but not be limited to: period of exemption; percentage of
exemption; types of projects for which exemptions can be claimed;
procedures for payments in lieu of taxes and instances in which real
property appraisals are to be performed as a part of an application for
tax exemption; in addition, the authority in adopting such policy shall
consider such issues as: the extent to which a project will create or
retain permanent, private sector jobs; the estimated value of any tax
exemption to be provided; whether affected tax jurisdictions should be
reimbursed by the project occupant if a project does not fulfill the
purposes for which an exemption was provided; the impact of a proposed
project on existing and proposed businesses and economic development
projects in the vicinity; the amount of private sector investment
generated or likely to be generated by the proposed project; the
demonstrated public support for the proposed project; the likelihood of
accomplishing the proposed project in a timely fashion; the effect of
the proposed project upon the environment; the extent to which the
project will utilize, to the fullest extent practicable and economically
feasible, resource conservation, energy efficiency, green technologies,
and alternative and renewable energy measures; the extent to which the
proposed project will require the provision of additional services,
including, but not limited to additional educational, transportation,
police, emergency medical or fire services; and the extent to which the
proposed project will provide additional sources or revenue for
municipalities and school districts.
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
district clerk and district superintendent of each affected school
district.