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A07617 Summary:

BILL NOA07617
 
SAME ASSAME AS S03973
 
SPONSORRivera JD
 
COSPNSR
 
MLTSPNSR
 
Amd §§891-a, 898-a, 901-a, 914-a, 925-t & 925-v, Gen Muni L
 
Restricts the formation of new development agencies in Erie County.
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A07617 Actions:

BILL NOA07617
 
05/19/2021referred to local governments
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A07617 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7617
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 19, 2021
                                       ___________
 
        Introduced  by  M.  of  A. J. D. RIVERA -- read once and referred to the
          Committee on Local Governments
 
        AN ACT to amend the general municipal law, in  relation  to  restricting
          the formation of new development agencies in Erie county
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 891-a of the general municipal law  is  amended  by
     2  adding a new subdivision 3 to read as follows:
     3    3.  (a) Notwithstanding the provisions of section eight hundred fifty-
     4  six of this article or any other law, rule or regulation to the  contra-
     5  ry, no new industrial development agency may be formed within Erie coun-
     6  ty.
     7    (b)  Notwithstanding  the provisions of section eight hundred seventy-
     8  four of this article or any other law, rule or regulation to the contra-
     9  ry, within Erie county, only projects that are undertaken  by  the  Erie
    10  County Industrial Development Agency:
    11    (1) May be exempt from the four percent sales and compensating use tax
    12  imposed for the benefit of New York state by article twenty-eight of the
    13  tax law;
    14    (2)  May  be exempt from the three percent, additional one percent and
    15  the additional three-quarters of one percent sales and compensating  use
    16  tax imposed by section twelve hundred ten of the tax law;
    17    (3)  May  be  exempt from real property taxes imposed by the county of
    18  Erie, provided however, county real property tax relief may  be  granted
    19  by a town industrial development agency for projects located within such
    20  town,  if  the  Erie  County Industrial Development Agency consents on a
    21  project by project basis by resolution at a regular or  special  meeting
    22  to such real property tax exemption;
    23    (4)  May  be  exempt  from  real  property taxes imposed by a village,
    24  provided however, village real property tax relief may be granted  on  a
    25  project  by  project  basis  by a town industrial development agency for
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06964-01-1

        A. 7617                             2
 
     1  projects located within a village which is part of such  town,  if  such
     2  village  consents  by  a resolution duly adopted at a regular or special
     3  meeting of such village board to such real property tax exemption;
     4    (5)  May  be  exempt  from  real  property  taxes  imposed by a school
     5  district, provided however, school district real property tax relief may
     6  be granted on a project by project basis by a town  industrial  develop-
     7  ment  agency for projects located within a school district which is part
     8  of such town, if such school district  consents  by  a  resolution  duly
     9  adopted  at  a  regular  or  special meeting of the board of such school
    10  district to such real property tax exemption; and
    11    (6) May be exempt from the mortgage recording tax imposed  by  article
    12  eleven of the tax law.
    13    (c)  Notwithstanding any law, rule or regulation to the contrary, town
    14  industrial development agencies within Erie  county  are  authorized  to
    15  enter into cooperative agreements with the Erie County Industrial Devel-
    16  opment  Agency  whereby  the  rights, obligations, duties, and assets of
    17  such town industrial development agency are transferred in whole  or  in
    18  part to the Erie County Industrial Development Agency so long any pledge
    19  that  may  have  been  provided by the state, such municipality, or such
    20  town industrial development agency pursuant to the provisions of section
    21  eight hundred sixty-eight of this article  is  not  adversely  affected.
    22  Insofar as the provisions of this paragraph are inconsistent with any of
    23  the  provisions  of  section  eight hundred ninety-eight-a, nine hundred
    24  one-a, nine hundred fourteen-a (as added by chapter five hundred  seven-
    25  ty-nine  of  the  laws  of nineteen hundred seventy-three), nine hundred
    26  twenty-five-t  or  nine  hundred  twenty-five-v  of  this   title,   the
    27  provisions of this paragraph shall be controlling.
    28    §  2.  Section 898-a of the general municipal law, as added by chapter
    29  995 of the laws of 1972, is amended to read as follows:
    30    § 898-a. Town of Lancaster  industrial  development  agency.  For  the
    31  benefit of the town of Lancaster in the county of Erie, and the inhabit-
    32  ants  thereof, an industrial development agency, to be known as the TOWN
    33  OF LANCASTER INDUSTRIAL DEVELOPMENT AGENCY, is  hereby  established  for
    34  the  accomplishment of any or all of the purposes specified in title one
    35  of this article [eighteen-A of this chapter].   It  shall  constitute  a
    36  body corporate and politic, and be perpetual in duration.  It shall have
    37  the  powers  and  duties now or hereafter conferred by title one of this
    38  article [eighteen-A of this chapter] upon industrial  development  agen-
    39  cies  and  provided  that the exercise of the powers by such agency with
    40  respect to the acquisition of real property whether by purchase, condem-
    41  nation or otherwise, shall be limited to the  corporate  limits  of  the
    42  Town  of  Lancaster,  and  such agency shall take into consideration the
    43  local zoning and planning regulations as well as the regional and  local
    44  comprehensive  land  use  plans.  It  shall  be  organized  in  a manner
    45  prescribed by and be subject to the provisions  of  title  one  of  this
    46  article  [eighteen-A of this chapter]. Its members shall be appointed by
    47  the governing body of the Town of Lancaster. The  agency,  its  members,
    48  officers  and  employees  and its operations and activities shall in all
    49  respects be governed by the provisions of  title  one  of  this  article
    50  [eighteen-A  of this chapter].  Insofar as any of the provisions of this
    51  section are inconsistent with the provisions  of  subdivision  three  of
    52  section eight hundred ninety-one-a of this title, the provisions of such
    53  subdivision shall be controlling.
    54    §  3.  Section 901-a of the general municipal law, as added by chapter
    55  364 of the laws of 1973, is amended to read as follows:

        A. 7617                             3
 
     1    § 901-a. Town of Clarence, Erie county, industrial development agency.
     2  For the benefit of the town of Clarence, Erie county, and  the  inhabit-
     3  ants  thereof, an industrial development agency, to be known as the TOWN
     4  OF CLARENCE, ERIE  COUNTY,  INDUSTRIAL  DEVELOPMENT  AGENCY,  is  hereby
     5  established  for the accomplishment of any or all of the purposes speci-
     6  fied in title one of this article [eighteen-A of this chapter]. It shall
     7  constitute a body corporate and politic, and be perpetual  in  duration.
     8  It  shall have the powers and duties now or hereafter conferred by title
     9  one of this article [eighteen-A of this chapter] upon industrial  devel-
    10  opment  agencies  and  provided  that the exercise of the powers by such
    11  agency with respect to the  acquisition  of  real  property  whether  by
    12  purchase,  condemnation  or otherwise, shall be limited to the corporate
    13  limits of the town of Clarence, and such agency shall take into  consid-
    14  eration  the  local  zoning  and  planning  regulations  as  well as the
    15  regional and local comprehensive land use plans. It shall  be  organized
    16  in  a manner prescribed by and be subject to the provisions of title one
    17  of this article [eighteen-A of  this  chapter].  Its  members  shall  be
    18  appointed by the governing body of the town of Clarence. The agency, its
    19  members,  officers and employees and its operations and activities shall
    20  in all respects be governed by the provisions of title one of this arti-
    21  cle [eighteen-A of this chapter]. Insofar as any of  the  provisions  of
    22  this  section  are inconsistent with the provisions of subdivision three
    23  of section eight hundred ninety-one-a of this title, the  provisions  of
    24  such subdivision shall be controlling.
    25    §  4.  Section 914-a of the general municipal law, as added by chapter
    26  579 of the laws of 1973, is amended to read as follows:
    27    § 914-a. Town of Amherst industrial development agency. For the  bene-
    28  fit  of  the  town of Amherst in the county of Erie, and the inhabitants
    29  thereof, an industrial development agency, to be known as  the  TOWN  OF
    30  AMHERST  INDUSTRIAL  DEVELOPMENT  AGENCY,  is hereby established for the
    31  accomplishment of any or all of the purposes specified in title  one  of
    32  this  article  [eighteen-A  of this chapter]. It shall constitute a body
    33  corporate and politic, and be perpetual in duration. It shall  have  the
    34  power and duties now or hereafter conferred by title one of this article
    35  [eighteen-A  of  this  chapter] upon industrial development agencies and
    36  provided that the exercise of the powers by such agency with respect  to
    37  the  acquisition  of  real property whether by purchase, condemnation or
    38  otherwise, shall be limited to the  corporate  limits  of  the  town  of
    39  Amherst,  and such agency shall take into consideration the local zoning
    40  and planning regulations as well as the regional and local comprehensive
    41  land use plans. It shall be organized in a manner prescribed by  and  be
    42  subject  to  the  provisions of title one of this article [eighteen-A of
    43  this chapter]. Its members shall be appointed by the governing  body  of
    44  the town of Amherst. The agency, its members, officers and employees and
    45  its  operations  and activities shall in all respects be governed by the
    46  provisions of title one of this article [eighteen-A  of  this  chapter].
    47  Insofar  as  any of the provisions of this section are inconsistent with
    48  the  provisions  of  subdivision  three   of   section   eight   hundred
    49  ninety-one-a  of this title, the provisions of such subdivision shall be
    50  controlling.
    51    § 5. Section 925-t of the general municipal law is amended by adding a
    52  new subdivision 3 to read as follows:
    53    3. Insofar as any of the provisions of this section  are  inconsistent
    54  with  the provisions of subdivision three of section eight hundred nine-
    55  ty-one-a of this title, the provisions  of  such  subdivision  shall  be
    56  controlling.

        A. 7617                             4
 
     1    § 6. Section 925-v of the general municipal law is amended by adding a
     2  new subdivision 3 to read as follows:
     3    3.  Insofar  as any of the provisions of this section are inconsistent
     4  with the provisions of subdivision three of section eight hundred  nine-
     5  ty-one-a  of  this  title,  the  provisions of such subdivision shall be
     6  controlling.
     7    § 7. This act shall take effect  immediately;  provided,  however,  it
     8  shall not apply to any project approved by a town industrial development
     9  agency prior to the effective date of this act.
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