STATE OF NEW YORK
________________________________________________________________________
7541--A
IN SENATE
May 31, 2012
___________
Introduced by COMMITTEE ON RULES -- (at request of the State Comp-
troller) -- read twice and ordered printed, and when printed to be
committed to the Committee on Rules -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the general municipal law and the public authorities
law, in relation to the accountability and efficiency of industrial
development agencies and authorities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 859 of the general municipal law is amended by
2 adding three new subdivisions 4, 5 and 6 to read as follows:
3 4. (a) For purposes of this section, the term "report card" shall mean
4 the annual summary and assessment of financial activities and operations
5 for the prior fiscal year of the agency as prescribed in this subdivi-
6 sion.
7 (b) Within ninety days following the close of each fiscal year, each
8 agency shall prepare a report card, in such form as may be prescribed by
9 the state comptroller, in the exercise of his or her discretion. The
10 report card shall contain information for each project for which
11 exemptions from taxation were claimed during the preceding fiscal year
12 as a result of the agency having title, possession or control (by lease,
13 license or otherwise) of the property or equipment of the project occu-
14 pant, or which was financed, in whole or in part, by the proceeds of
15 outstanding bonds or notes issued by the agency. The report card shall
16 include, at a minimum:
17 (i) an overview of the agency, including:
18 (1) the names of the members of the agency and its officers;
19 (2) the total amount of outstanding bonds or notes as of the close of
20 the prior fiscal year, whether or not such bonds or notes are considered
21 obligations of the agency; and
22 (3) a summary of revenues and expenditures as of the close of the
23 prior fiscal year;
24 (ii) a description of each project including:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14118-06-2
S. 7541--A 2
1 (1) the name of the project applicant, project occupant, and any
2 tenants or subtenants;
3 (2) the type of project;
4 (3) the address of the project; and
5 (4) a description of the underlying purpose of the project and benefit
6 of the project to the community served by the agency;
7 (iii) the total projected or actual capital cost of each pending
8 project, including:
9 (1) all costs of real property and equipment acquisitions, design,
10 building construction or reconstruction and other capital items, whether
11 financed from public or private sector sources; and
12 (2) the projected total amount of the proceeds of agency bonds or
13 notes to be applied to the project, the percentage share this consti-
14 tutes in terms of the total project capital cost and the amount of the
15 proceeds of agency bonds or notes actually provided for the project as
16 of the close of the fiscal year;
17 (iv) with respect to each pending project, the total number of full-
18 time and part-time jobs, including:
19 (1) the salaries and total estimated value of fringe benefits for each
20 job projected to be created and retained at the time of application for
21 each project;
22 (2) the total number of full-time and part-time jobs, including the
23 salaries and total estimated value of fringe benefits for each job,
24 existing at the start of each project; and
25 (3) the total number of full-time and part-time jobs, including the
26 salaries and total estimated value of fringe benefits for each job,
27 actually created or retained as of the close of the last fiscal year for
28 each project;
29 (v) the projected total amount of tax exemptions to be claimed, by
30 year and by type (e.g., property, sales and use, mortgage recording) for
31 each pending project;
32 (vi) the amount and type of tax exemptions actually provided as of the
33 close of the last fiscal year for each pending project;
34 (vii) a schedule of payments in lieu of taxes, if any, for each
35 project, including payments made to date, remaining payments outstanding
36 and amounts owed but not paid;
37 (viii) an assessment of the estimated economic impact of each pending
38 project, including:
39 (1) the impact of the pending project on existing and proposed busi-
40 nesses and economic development projects in the vicinity;
41 (2) the amount of private sector investment generated by the pending
42 project;
43 (3) the extent to which the pending project will require the provision
44 of additional governmental services, such as police, fire and transpor-
45 tation; and
46 (4) the extent to which the pending project will provide additional
47 sources of revenue for municipalities and school districts; and
48 (ix) an assessment of the economic impact of each completed projected,
49 including:
50 (1) the total final actual capital costs of each completed project,
51 including:
52 (A) all costs of real property and equipment acquisitions, design,
53 building construction or reconstruction and other capital items, whether
54 financed from public or private sector sources; and
55 (B) the projected total amount of the proceeds of agency bonds or
56 notes to be applied to the project, the percentage share this consti-
S. 7541--A 3
1 tutes in terms of the total project capital cost and the amount of the
2 proceeds of agency bonds or notes actually provided for the project as
3 of the close of the fiscal year;
4 (2) the total amount of tax exemptions actually provided over the life
5 of the project, by type (e.g. property, sales and use, mortgage record-
6 ing);
7 (3) the total amount of payments in lieu of taxes, if any, made and to
8 be made over the life of the project; and
9 (4) an evaluation of whether projected job creation and retention
10 goals were met.
11 5. Within thirty days of completion, a copy of the report card shall
12 be filed with the governing body of the municipality for whose benefit
13 the agency was created, the state comptroller and the department of
14 economic development, at the same time and together with the audited
15 financial statement required by subdivision one of this section, and the
16 report card shall be made publicly available by transmitting it to local
17 newspapers of general circulation within the municipality and by posting
18 on the websites, if any, of the agency and the municipality for whose
19 benefit the agency was created.
20 6. If an agency shall fail to file or make publicly available a report
21 card as required by this section and continue to so fail for a period of
22 one hundred twenty days after the day on which the report card is
23 required to be filed and made publicly available, the agency shall not
24 offer financial assistance which provides for exemptions from state
25 taxes until the report card is filed and made publicly available.
26 § 2. Section 859-a of the general municipal law, as added by chapter
27 356 of the laws of 1993, is amended to read as follows:
28 § 859-a. Additional prerequisites to the provisions of financial
29 assistance. Prior to providing any financial assistance of more than one
30 hundred thousand dollars to any project, the agency must comply with the
31 following prerequisites:
32 1. The agency must adopt a resolution describing the project and the
33 financial assistance that the agency is contemplating with respect to
34 such project. Such assistance shall be consistent with the uniform [tax
35 exemption] payment in lieu of tax (PILOT) policy adopted by the agency
36 pursuant to subdivision four of section eight hundred seventy-four of
37 this [chapter] title, unless the agency has followed the procedures for
38 deviation from such policy specified in paragraph (b) of such subdivi-
39 sion.
40 2. The agency must hold a public hearing before a quorum of agency
41 members with respect to the project and the proposed financial assist-
42 ance being contemplated by the agency. Said public hearing shall be held
43 in a city, town or village where the project proposes to locate. At said
44 public hearing, interested parties shall be provided reasonable opportu-
45 nity, both orally and in writing, to present their views with respect to
46 the project. A complete and accurate record of the hearing, including
47 all written or oral statements made or submitted, shall be kept. No
48 final determination on the project or the financial assistance being
49 contemplated by the agency shall be made until at least thirty days
50 after the public hearing.
51 3. The agency must give at least [ten] thirty days published notice of
52 [said] such public hearing and shall, at the same time, provide notice
53 of such hearing to the chief executive officer of each affected tax
54 jurisdiction within which the project is located. The notice of hearing
55 must state the time and place of the hearing, contain a general, func-
56 tional description of the project, describe the prospective location of
S. 7541--A 4
1 the project, identify the initial owner, operator or manager of the
2 project and generally describe the financial assistance contemplated by
3 the agency with respect to the project and provide an opportunity for
4 the public to review the project application, which shall include an
5 analysis of the costs and benefits of the proposed project.
6 4. The department of economic development, in consultation with the
7 state comptroller, shall develop a standard application form, which
8 shall be used by the agency to accept requests for financial assistance
9 from all individuals, firms, companies, developers or other entities or
10 organizations, unless a waiver from such requirement is granted by the
11 department of economic development upon timely request and good cause
12 shown. The standard application form shall be submitted by or on behalf
13 of the applicant, and certified by the applicant, or on behalf of the
14 applicant by the chief executive officer or such other individual that
15 is duly authorized to bind the applicant, to the effect that all infor-
16 mation provided therein is true, accurate and complete to the best of
17 his or her knowledge and belief. The standard application form shall
18 include the following and such other supplemental information as deter-
19 mined to be necessary and appropriate by the agency or by the department
20 of economic development, including supporting documents and information
21 provided by or on behalf of the applicant:
22 (a) the name and address of the project applicant;
23 (b) a description of the proposed project for which financial assist-
24 ance is requested, including the type of project, proposed location and
25 purpose of the project;
26 (c) the amount and type of financial assistance being requested,
27 including the estimated value of each type of tax exemption sought to be
28 claimed with respect to the project;
29 (d) the total projected capital cost of the project, including all
30 costs of real property and equipment acquisition, building construction
31 or reconstruction and other capital items, whether financed from public
32 or private sector sources, and a statement of the projected terms and
33 conditions of any proposed financing;
34 (e) the projected number of full time equivalent jobs that would be
35 retained or created if the request for financial assistance is granted,
36 the projected timeframe for the creation of new jobs, the estimated
37 average salaries of the jobs that would be retained or created if the
38 request for financial assistance is granted and an estimate of the
39 number of residents of the municipality for whose benefit the agency was
40 created that would fill such jobs;
41 (f) a statement to the effect that the provisions of section eight
42 hundred sixty-two of this title will not be violated if financial
43 assistance is provided for the proposed project;
44 (g) a statement indicating whether the applicant, any principal there-
45 of, or any corporate affiliate or subsidiary, within the past three
46 years, has been found, by final judgment of a court or administrative
47 tribunal, in violation of any federal, state or local laws, rules or
48 regulations pertaining to environmental protection, taxation, protection
49 of workers or employment of minority or women-owned businesses, and if
50 so, listing all such violations;
51 (h) a statement indicating that the applicant has or will comply with,
52 or cause to be complied with, all applicable review and approval
53 requirements prescribed by any such laws, rules or regulations, includ-
54 ing, but not limited to, the state environmental quality review act,
55 pertaining to the project; and
S. 7541--A 5
1 (i) a statement acknowledging that the submission of any false or
2 misleading information may lead to the immediate termination of any
3 financial assistance and the reimbursement of an amount equal to all or
4 part of any tax exemptions claimed as a result of the project.
5 5. Each agency shall develop, and adopt by resolution, uniform crite-
6 ria for the evaluation and selection of projects for which financial
7 assistance will be provided. The criteria shall, at a minimum, provide
8 that prior to the approval of the provision of financial assistance,
9 there shall be:
10 (a) an independent assessment, inquiry into and confirmation by the
11 agency of all material information included in connection with the
12 application for financial assistance, as necessary to afford a reason-
13 able basis for the decision by the agency to provide financial assist-
14 ance for the project;
15 (b) a determination by the agency that employment projections for the
16 project are reasonable;
17 (c) a determination by the agency that there is a likelihood that the
18 project would not be undertaken but for the financial assistance
19 provided by the agency;
20 (d) a standardized, written cost-benefit analysis by the agency that
21 (i) indicates that the projected economic benefits of the project,
22 including the creation and retention of jobs within the municipality for
23 whose benefit the agency was created, will exceed the estimated cost of
24 providing financial assistance, including the cost in net loss of reven-
25 ues to affected tax jurisdictions, and the approximate point in time
26 when such benefits will exceed such cost, (ii) includes an analysis of
27 the estimated cost per job created or retained, and (iii) includes an
28 analysis of the loss in tax revenues to the affected tax jurisdictions
29 over the period of any tax exemptions;
30 (e) a determination by the agency that the project is in compliance
31 with all provisions of this article, including, but not limited to, this
32 section and section eight hundred sixty-two of this title;
33 (f) if the project involves the removal or abandonment of a facility
34 or plant within the state, notification by the agency to the chief exec-
35 utive officer or officers of the municipality or municipalities in which
36 the facility or plant was located;
37 (g) a development of benchmarks to evaluate whether the project will
38 meet projected goals and targets, including those relating to job
39 creation and retention; and
40 (h) a determination that neither the applicant, nor any principal
41 thereof or corporate affiliate or subsidiary, within the past three
42 years, has been found, by final judgment of a court or administrative
43 tribunal, in violation of any federal, state or local laws, rules or
44 regulations, if such violation is deemed by the agency to be a material
45 violation, pertaining to environmental protection, taxation, protection
46 of workers or employment of minority or women-owned businesses.
47 6. The department of economic development, in consultation with the
48 state comptroller, shall develop a uniform industrial development agency
49 project agreement, that sets forth terms and conditions under which
50 financial assistance shall be provided. The uniform industrial develop-
51 ment agency project agreement shall be used by all agencies and no
52 financial assistance shall be provided in the absence of the execution
53 of such an agreement, unless a waiver from such requirement is granted
54 by the department of economic development upon timely request and good
55 cause shown. The uniform industrial development agency project agreement
56 shall, at a minimum:
S. 7541--A 6
1 (a) describe the project and the financial assistance, including the
2 amount and type, to be provided, and the agency purpose to be achieved;
3 (b) require each project occupant to provide annually a certified
4 statement: (i) enumerating the jobs retained and created as a result of
5 the financial assistance by title, function and whether full or part
6 time, and the salaries and fringe benefits for each such job; and (ii)
7 indicating the amounts of each payment in lieu of tax that was made and
8 the entity to which each payment was made;
9 (c) prescribe a specific schedule, including the timing and amounts
10 for each affected tax jurisdiction, for the payments of any payments in
11 lieu of taxes that are negotiated as part of the transaction;
12 (d) require the retention of, and permit the agency, or individuals or
13 entities auditing the agency, access to, for purposes of examination
14 into the affairs of the agency, all payroll documents and other books
15 and records of the project applicant, occupant or any subtenant or
16 employer, as necessary to confirm job and salary information or other-
17 wise assess whether the terms, conditions, goals or purposes of the
18 project have been met;
19 (e) provide for discontinuance of financial assistance, or for the
20 modification of any payment in lieu of tax agreement to require for
21 increased payments, in the event of a material violation of the terms
22 and conditions of the agreement;
23 (f) provide for the return of all or a part of the financial assist-
24 ance provided for the project, including all or part of the amount of
25 any tax exemptions, which shall be redistributed to the appropriate
26 affected tax jurisdiction, in the event of material shortfalls from job
27 creation and retention projections, or a material violation of the terms
28 and conditions of the agreement;
29 (g) in the case of a project for which the application for financial
30 assistance indicates plans to build a facility that will subsequently be
31 leased to tenants, and it is unknown at the time of application who all
32 the tenants of the facility will be, provide for a phasing-in of bene-
33 fits based upon the pro rata share of square footage and type of occu-
34 pancy within the facility that is occupied pursuant to tenant lease
35 agreements; and
36 (h) include as appendices: (i) a copy of the standard application form
37 submitted for the project; (ii) a summary of the agency's evaluation of
38 the project performed pursuant to subdivision five of this section;
39 (iii) significant correspondence pertaining to the project; (iv) a
40 summary of the statements by any public hearing conducted in connection
41 with the project; and (v) any other material supporting documents
42 pertaining to the project.
43 7. The department of economic development shall conduct investigations
44 of material complaints concerning possible violations of any uniform
45 industrial development agency project agreement and shall receive the
46 full cooperation of, and access to all relevant books and records of,
47 the agency, the municipality for whose benefit the agency is created,
48 the project occupant and any tenant or subtenant and any state agency is
49 conducting any such investigation. The department of economic develop-
50 ment shall notify the agency and the state comptroller of the results of
51 any such investigations.
52 § 3. Section 862 of the general municipal law, as added by chapter
53 1030 of the laws of 1969, is amended to read as follows:
54 § 862. Restrictions on funds of the agency. 1. No funds of the agency
55 shall be used in respect of any project if the completion thereof would
56 result in the removal of an industrial or manufacturing plant of the
S. 7541--A 7
1 project occupant from one area of the state to another area of the state
2 or in the abandonment of one or more plants or facilities of the project
3 occupant located within the state, provided, however, that neither
4 restriction shall apply if the agency shall determine on the basis of
5 the application before it that the project is reasonably necessary to
6 discourage the project occupant from removing such other plant or facil-
7 ity to a location outside the state or is reasonably necessary to
8 preserve the competitive position of the project occupant in its respec-
9 tive industry.
10 2. No funds of the agency shall be used for advertising or promotional
11 materials which depict elected or appointed government officials in
12 either print or electronic media.
13 § 4. Subdivision 4 of section 874 of the general municipal law, as
14 amended by chapter 357 of the laws of 1993, is amended to read as
15 follows:
16 (4) (a) The agency shall establish a uniform [tax exemption] payment
17 in lieu of tax (PILOT) policy, with input from affected tax jurisdic-
18 tions, which shall be applicable to the provision of financial assist-
19 ance pursuant to section eight hundred fifty-nine-a of this [chapter]
20 title and shall provide guidelines for the claiming of real property,
21 mortgage recording, and sales tax exemptions. Such guidelines shall
22 include, but not be limited to: period of exemption; payments in lieu of
23 taxes, as a percentage of [exemption] taxes that would have been levied
24 by or on behalf of affected tax jurisdictions if the project was not tax
25 exempt by reason of agency involvement; types of projects for which
26 exemptions can be claimed; procedures for payments in lieu of taxes and
27 instances in which real property appraisals are to be performed as a
28 part of an application for tax exemption; in addition, agencies shall in
29 adopting such policy consider such issues as: the extent to which a
30 project will create or retain permanent, private sector jobs; the esti-
31 mated value of any tax exemptions to be provided; whether affected tax
32 jurisdictions shall be reimbursed by the project occupant if a project
33 does not fulfill the purposes for which an exemption was provided; the
34 impact of a proposed project on existing and proposed businesses and
35 economic development projects in the vicinity; the amount of private
36 sector investment generated or likely to be generated by the proposed
37 project; the demonstrated public support for the proposed project; the
38 likelihood of accomplishing the proposed project in a timely fashion;
39 the effect of the proposed project upon the environment; the extent to
40 which the proposed project will require the provision of additional
41 services, including, but not limited to additional educational, trans-
42 portation, police, emergency medical or fire services; and the extent to
43 which the proposed project will provide additional sources of revenue
44 for municipalities and school districts.
45 (b) The agency shall establish a procedure for deviation from the
46 uniform [tax exemption] payment in lieu of tax (PILOT) policy required
47 pursuant to this subdivision. The agency shall set forth in writing the
48 reasons for deviation from such policy, and shall further notify the
49 affected local taxing jurisdictions of the proposed deviation from such
50 policy and the reasons therefor. Such notice to the affected tax juris-
51 dictions shall be given to the chief executive officer of each affected
52 tax jurisdiction at least thirty days prior to the meeting of the agency
53 at which the agency shall consider whether to approve such proposed
54 deviation. Prior to taking final action at such meeting, the agency
55 shall review and respond to any correspondence received from any
56 affected tax jurisdiction regarding such deviation. The agency shall
S. 7541--A 8
1 allow any representative of an affected tax jurisdiction present at such
2 meeting to address the agency regarding such proposed deviation.
3 § 5. The general municipal law is amended by adding a new section 885
4 to read as follows:
5 § 885. Dissolution and merger of agencies. 1. Any industrial develop-
6 ment agency established for the benefit of a town, village or city with-
7 in a county may dissolve and simultaneously merge with the industrial
8 development agency established for the benefit of the county in which
9 the agency established for the benefit of the town, village or city is
10 located, if such a county agency has been established, subject to the
11 provisions of this section. Upon the effective date of the dissolution
12 and merger, the town, village or city agency, notwithstanding the
13 provisions of paragraph (b) of subdivision one of section eight hundred
14 fifty-six and section eight hundred eighty-two of this title, shall
15 cease to exist and all the rights, titles, interests, obligations and
16 liabilities of such agencies, including, but not limited to, the rights
17 and obligations under any bond, note, contract or other agreement,
18 express or implied, shall devolve to, be vested in and possessed by the
19 county agency, which shall in all respects and for all purposes be the
20 successor in interest to such town, village or city agency.
21 2. In the event that an agency proposes to dissolve or merge pursuant
22 to subdivision one of this section, the governing body of the town,
23 village or city for whose benefit the agency was established, in consul-
24 tation with the members of the agency, members of the agency established
25 for the benefit of the county, and the chief executive of the county,
26 shall adopt a plan setting forth, at a minimum:
27 (a) the name and date of establishment of the agency or agencies to be
28 dissolved;
29 (b) the names of the members of such agency, specifying the identity
30 of the chairperson;
31 (c) the underlying purpose of the dissolution and merger, including
32 economies and efficiencies that are projected as a result thereof;
33 (d) a statement, containing both current information and information
34 projected to the proposed date of the dissolution and merger, of: (1)
35 the outstanding bonds, notes and any other obligations or liabilities;
36 (2) actual and accrued revenues; (3) each project for which financial
37 assistance has been provided, the type of financial assistance provided
38 and the status of the project; and (4) the general terms and conditions
39 of each contract, including payment in lieu of tax agreements;
40 (e) the terms and conditions of the proposed dissolution and merger
41 including a statement acknowledging that the county agency shall, upon
42 the effective date of the dissolution and merger, succeed to all the
43 rights, titles, interests, obligations and liabilities, including bonds,
44 notes and other obligations and contractual rights and obligations, of
45 the dissolved and merged town, village or city agencies;
46 (f) a statement of any amendments or changes to the certificate of the
47 county agency filed in the office of the secretary of state necessitated
48 by the merger; and
49 (g) a statement that the plan of merger has been reviewed and approved
50 by counsel for the town, village or city agency and counsel for the
51 county agency, indicating that each counsel has considered the impact,
52 if any, of the dissolution and merger on: (1) the rights of any employ-
53 ees of the merging agencies; and (2) the recipients of financial assist-
54 ance from the agencies.
55 3. No later than July first, two thousand thirteen, the commissioner
56 of economic development shall undertake a study to identify those town,
S. 7541--A 9
1 village or city agencies that, as determined by the commissioner of
2 economic development, have not undertaken significant activity within
3 the prior five years and, if deemed appropriate by the commissioner of
4 economic development, such commissioner shall recommend that such agen-
5 cies be dissolved and merged into the county agency. The commissioner of
6 economic development's findings shall be reported no later than December
7 thirty-first, two thousand thirteen, to the governor, the state comp-
8 troller, the temporary president of the senate, the speaker of the
9 assembly and to each agency identified in the report.
10 § 6. Subdivisions 1 and 2 of section 1953-a of the public authorities
11 law, subdivision 1 as amended by chapter 357 of the laws of 1993 and
12 subdivision 2 as added by chapter 356 of the laws of 1993, are amended
13 to read as follows:
14 1. The authority must adopt a resolution describing the project and
15 the financial assistance that the authority is contemplating with
16 respect to such project. Such assistance shall be consistent with the
17 uniform [tax exemption] payment in lieu of tax (PILOT) policy adopted by
18 the agency pursuant to subdivision one of section nineteen hundred
19 sixty-three-a of this [chapter] title, unless the agency has followed
20 procedures for deviation from such policy specified in subdivision two
21 of such section.
22 2. The authority must hold a public hearing before a minimum of two
23 agency members with respect to the project and the proposed financial
24 assistance being contemplated by the authority. At said public hearing,
25 interested parties shall be provided reasonable opportunity, both orally
26 and in writing, to present their views with respect to the project.
27 § 7. Section 1963-a of the public authorities law, as amended by chap-
28 ter 357 of the laws of 1993, is amended to read as follows:
29 § 1963-a. Uniform tax exemption policy. 1. The authority shall estab-
30 lish a uniform [tax exemption] payment in lieu of tax (PILOT) policy,
31 with input from affected local taxing jurisdictions, which shall be
32 applicable to provisions of financial assistance pursuant to section
33 nineteen hundred fifty-three-a of this [chapter] title and shall provide
34 guidelines for the claiming of real property, mortgage recording, and
35 sales tax exemptions. Such guidelines shall include, but not be limited
36 to: period of exemption; payments in lieu of taxes, as a percentage of
37 [exemption] taxes that would have been levied by or on behalf of
38 affected tax jurisdictions if the project was not tax exempt by reason
39 of agency involvement; types of projects for which exemptions can be
40 claimed; procedures for payments in lieu of taxes and instances in which
41 real property appraisals are to be performed as a part of an application
42 for tax exemption; in addition, the authority in adopting such policy
43 shall consider such issues as: the extent to which a project will create
44 or retain permanent, private sector jobs; the estimated value of any tax
45 exemption to be provided; whether affected tax jurisdictions should be
46 reimbursed by the project occupant if a project does not fulfill the
47 purposes for which an exemption was provided; the impact of a proposed
48 project on existing and proposed businesses and economic development
49 projects in the vicinity; the amount of private sector investment gener-
50 ated or likely to be generated by the proposed project; the demonstrated
51 public support for the proposed project; the likelihood of accomplishing
52 the proposed project in a timely fashion; the effect of the proposed
53 project upon the environment; the extent to which the proposed project
54 will require the provision of additional services, including, but not
55 limited to additional educational, transportation, police, emergency
56 medical or fire services; and the extent to which the proposed project
S. 7541--A 10
1 will provide additional sources or revenue for municipalities and school
2 districts.
3 2. The authority shall establish a procedure for deviation from the
4 uniform [tax exemption] payment in lieu of tax (PILOT) policy required
5 pursuant to this section. The authority shall set forth in writing the
6 reasons for deviation from such policy, and shall further notify the
7 affected tax jurisdictions of the proposed deviation from such policy
8 and the reasons therefor.
9 § 8. Subdivisions 1 and 2 of section 2307 of the public authorities
10 law, subdivision 1 as amended by chapter 357 of the laws of 1993 and
11 subdivision 2 as added by chapter 356 of the laws of 1993, are amended
12 to read as follows:
13 1. The authority must adopt a resolution describing the project and
14 the financial assistance that the authority is contemplating with
15 respect to such project. Such assistance shall be consistent with the
16 uniform [tax exemption] payment in lieu of tax (PILOT) policy adopted by
17 the agency pursuant to subdivision one of section twenty-three hundred
18 fifteen of this [chapter] title, unless the agency has followed proce-
19 dures for deviation from such policy specified in subdivision two of
20 such section.
21 2. The authority must hold a public hearing before a minimum of two
22 agency members with respect to the project and the proposed financial
23 assistance being contemplated by the authority. At said public hearing,
24 interested parties shall be provided reasonable opportunity, both orally
25 and in writing, to present their views with respect to the project.
26 § 9. Section 2315 of the public authorities law, as amended by chapter
27 357 of the laws of 1993, is amended to read as follows:
28 § 2315. Uniform tax exemption policy. 1. The authority shall establish
29 a uniform [tax exemption] payment in lieu of tax (PILOT) policy, with
30 input from affected local taxing jurisdictions, which shall be applica-
31 ble to provisions of financial assistance pursuant to section twenty-
32 three hundred seven of this [chapter] title and shall provide guidelines
33 for the claiming of real property, mortgage recording, and sales tax
34 exemptions. Such guidelines shall include, but not be limited to: period
35 of exemption; payments in lieu of taxes, as a percentage of [exemption]
36 taxes that would have been levied by or on behalf of affected tax juris-
37 dictions if the project was not tax exempt by reason of agency involve-
38 ment; types of projects for which exemptions may be claimed; procedures
39 for payments in lieu of taxes and instances in which real property
40 appraisals are to be performed as a part of an application for tax
41 exemption; in addition, the authority in adopting such policy shall
42 consider such issues as: the extent to which a project will create or
43 retain permanent, private sector jobs; the estimated value of any tax
44 exemption to be provided; whether affected tax jurisdictions should be
45 reimbursed by the project occupant if a project does not fulfill the
46 purposes for which an exemption was provided; the impact of a proposed
47 project on existing and proposed businesses and economic development
48 projects in the vicinity; the amount of private sector investment gener-
49 ated or likely to be generated by the proposed project; the demonstrated
50 public support for the proposed project; the likelihood of accomplishing
51 the proposed project in a timely fashion; the effect of the proposed
52 project upon the environment; the extent to which the proposed project
53 will require the provision of additional services, including, but not
54 limited to additional educational, transportation, police, emergency
55 medical or fire services; and the [extend] extent to which the proposed
S. 7541--A 11
1 project will provide additional sources of revenue for municipalities
2 and school districts.
3 2. The authority shall establish a procedure for deviation from the
4 uniform [tax exemption] payment in lieu of tax (PILOT) policy required
5 pursuant to this section. The authority shall set forth in writing the
6 reasons for deviation from such policy, and shall further notify the
7 affected local taxing jurisdictions of the proposed deviation from such
8 policy and the reasons therefor.
9 § 10. This act shall take effect immediately.
