Legislation

Search OpenLegislation Statutes

This entry was published on 2025-02-21
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 2315
Uniform tax exemption policy
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 15
§ 2315. 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 twenty-three hundred seven 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 may 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 of revenue for
municipalities and school districts.

* NB Effective until June 19, 2025

* 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
twenty-three hundred seven 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 may 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 project will provide onsite child care
services or otherwise facilitate new child care services; 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 of
revenue for municipalities and school districts.

* NB Effective June 19, 2025

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 district clerk and district superintendent of each affected school
district.