New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 

A03146 Summary:

A03146 Actions:

A03146 Floor Votes:

A03146 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3146
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 24, 2011
                                       ___________
 
        Introduced  by M. of A. CALHOUN -- read once and referred to the Commit-
          tee on Local Governments
 
        AN ACT to amend the general municipal law, in relation to  the  town  of
          Chester and the Orange county industrial agency
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 

     1    Section 1.  The opening paragraph of section 912 of the general munic-
     2  ipal law, as added by chapter 390 of the laws  of  1972,  is  designated
     3  subdivision 1 and three new subdivisions 2, 3 and 4 are added to read as
     4  follows:
     5    2.  Prior  to the approval of any application for a payment in lieu of
     6  taxes (PILOT) agreement by the agency for a project located in the  town
     7  of  Chester,  the  written consent of the chief executive officer of the
     8  affected town shall be obtained.   The  agency  shall  also  obtain  the
     9  approval,  by three-fifths majority, of the town governing body prior to
    10  any PILOT agreement being approved by the agency for a  project  located
    11  in  the  town of Chester. In addition, the agency shall obtain an impact

    12  analysis to determine the impact on the town  of  the  project  and  the
    13  planned  PILOT  agreement.  The applicant for such PILOT agreement shall
    14  bear the costs related to the required impact analysis. The  agency  and
    15  the  town  governing  body  shall  jointly  select a qualified entity to
    16  conduct the impact analysis. The membership of the agency, when  review-
    17  ing  applications and approving PILOT agreements for projects located in
    18  the town of Chester, shall include at least one member  of  such  town's
    19  governing  body  and  at least three at large members drawn from a cross
    20  section of the town community.
    21    3. The agency shall review any PILOT agreement for a  project  located

    22  in  the town of Chester after the third year of entering into such PILOT
    23  agreement, and every third year thereafter, and adjust the PILOT  agree-
    24  ment  accordingly based on changes to the assessed value and tax rate of
    25  all other real properties located in such town.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02807-01-1
        A. 3146                             2
 
     1    4. A PILOT agreement for a project located  in  the  town  of  Chester
     2  shall  not  be  renewed  or renegotiated until a full forensic audit has
     3  been completed of the accounts of the party obligated to  make  payments

     4  in  lieu  of  taxes pursuant to the PILOT agreement with the agency. The
     5  agency  and  the  town  governing  body shall jointly choose a qualified
     6  entity to conduct such forensic audit.  The party that is  obligated  to
     7  make  payments in lieu of taxes pursuant to the PILOT agreement with the
     8  agency shall bear the costs of preparing such forensic audit.  The  town
     9  of Chester may request from the office of the state comptroller an audit
    10  or review of the forensic audit prior to the renewal or renegotiation of
    11  a PILOT agreement for a project located in the town of Chester.
    12    § 2. This act shall take effect immediately.