New York State Assembly

 
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A06157 Summary:

A06157 Actions:

A06157 Committee Votes:

Committee:LOCAL GOVERNMENTS   Chair:Thiele      
DATE:05/25/2021AYE/NAY:18/0  Action: Favorable refer to committee Ways and Means        
Thiele
Aye
Schmitt
Aye
Ramos
Aye
Friend
Aye
Otis
Aye
Manktelow
Aye
Woerner
Aye
Gallahan
Aye
Wallace
Aye
Simpson
Aye
Jacobson
Aye
Darling
Aye
Clark
Aye
Conrad
Aye
Rivera
Aye
Sillitti
Aye
Kelles
Aye
Lunsford
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:06/01/2021AYE/NAY:31/3  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Aye
Glick
Aye
Fitzpatrick
Aye
Nolan
Excused
Hawley
Nay
Pretlow
Aye
Montesano
Aye
Perry
Aye
Blankenbush
Nay
Colton
Aye
Norris
Aye
Cook
Aye
Brabenec
Aye
Cahill
Aye
Palmesano
Nay
Aubry
Aye
Byrne
Aye
Cusick
Aye
Ashby
Aye
Benedetto
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye
Dinowitz
Aye
Joyner
Aye
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye

Committee:RULES   Chair:Heastie      
DATE:06/02/2021AYE/NAY:30/0  Action: Favorable         
Heastie
Aye
Barclay
Aye
Gottfried
Aye
Hawley
Aye
Nolan
Excused
Giglio
Aye
Weinstein
Aye
Blankenbush
Aye
Pretlow
Aye
Norris
Aye
Cook
Aye
Montesano
Aye
Glick
Aye
Ra
Aye
Aubry
Aye
Brabenec
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye

A06157 Floor Votes:

A06157 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6157--A
                                                                Cal. No. 203
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 10, 2021
                                       ___________
 
        Introduced  by  M.  of A. GUNTHER, JACOBSON -- read once and referred to
          the Committee on Local Governments --  ordered  to  a  third  reading,
          amended  and  ordered  reprinted,  retaining its place on the order of
          third reading

        AN ACT to amend the general municipal law, in relation to  prerequisites
          for financial assistance provided by industrial development agencies
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraphs (h) and (i) of subdivision 4 of section 859-a of
     2  the general municipal law, as added by chapter 563 of the laws of  2015,
     3  are amended, and a new paragraph (j) is added to read as follows:
     4    (h)  a statement that the owner, occupant or operator receiving finan-
     5  cial assistance is in  substantial  compliance  with  applicable  local,
     6  state  and  federal tax, worker protection and environmental laws, rules
     7  and regulations; [and]
     8    (i) a statement acknowledging that the  submission  of  any  knowingly
     9  false  or  knowingly  misleading  information  may lead to the immediate
    10  termination of any financial assistance  and  the  reimbursement  of  an
    11  amount  equal  to all or part of any tax exemptions claimed by reason of
    12  agency involvement in the project[.]; and
    13    (j) to the extent practicable, an estimate of the percentage of  mate-
    14  rials,  products,  goods,  and other items to be used on, by, or for the
    15  proposed project which are produced, manufactured, or  otherwise  gener-
    16  ated in the state.
    17    §  2.  Paragraph  (b) of subdivision 5 of section 859-a of the general
    18  municipal law, as amended by section 7 of part X of chapter  59  of  the
    19  laws of 2021, is amended to read as follows:
    20    (b)  a written cost-benefit analysis by the agency that identifies the
    21  extent to which a project  will  create  or  retain  permanent,  private
    22  sector  jobs; the extent to which such jobs shall be filled by residents
    23  of the economic development region as established  pursuant  to  section
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10068-02-2
        A. 6157--A                          2
 
     1  two hundred  thirty of the economic development law or the labor  market
     2  area as defined by the agency, in which  the  project  is  located;  the
     3  extent to which a project will use materials, products, goods, and other
     4  items  which  are  produced, manufactured, or otherwise generated in the
     5  state;  the  estimated  value  of any tax exemptions to be provided; the
     6  amount of private sector investment generated or likely to be  generated
     7  by  the proposed project; the contribution of the project to the state's
     8  renewable energy goals and emission reduction targets as  set  forth  in
     9  the  state  energy  plan adopted pursuant to section 6-104 of the energy
    10  law; the likelihood of accomplishing the proposed project  in  a  timely
    11  fashion; and the extent to which the proposed project will provide addi-
    12  tional  sources  of revenue for municipalities and school districts; and
    13  any other public benefits that might occur as a result of the project;
    14    § 3. Paragraph (b) of subdivision 6 of section 859-a  of  the  general
    15  municipal  law,  as added by chapter 563 of the laws of 2015, is amended
    16  to read as follows:
    17    (b) require each project owner, occupant or operator receiving  finan-
    18  cial  benefits  to provide annually a certified statement and documenta-
    19  tion:  (i) enumerating the full time equivalent jobs  retained  and  the
    20  full  time  equivalent jobs created as a result of the financial assist-
    21  ance, by category, including full time equivalent  independent  contrac-
    22  tors  or  employees  of independent contractors that work at the project
    23  location[, and]; (ii) indicating that  the  salary  and  fringe  benefit
    24  averages or ranges for categories of jobs retained and jobs created that
    25  was provided in the application is still accurate and if it is not still
    26  accurate, providing a revised list of salary and fringe benefit averages
    27  or  ranges  for  categories of jobs retained and jobs created; and (iii)
    28  indicating the percentage of materials, products, goods, and other items
    29  purchased as a result of the financial assistance which  were  produced,
    30  manufactured, or otherwise generated in the state.
    31    §  4.    Paragraph  (a) of subdivision 4 of section 874 of the general
    32  municipal law, as amended by chapter 386 of the laws of 2019, is amended
    33  to read as follows:
    34    (a) The agency shall establish a uniform tax  exemption  policy,  with
    35  input  from affected tax jurisdictions, which shall be applicable to the
    36  provision of financial assistance  pursuant  to  section  eight  hundred
    37  fifty-nine-a of this chapter and shall provide guidelines for the claim-
    38  ing  of  real  property,  mortgage  recording, and sales tax exemptions.
    39  Such guidelines  shall  include,  but  not  be  limited  to:  period  of
    40  exemption;   percentage  of  exemption;  types  of  projects  for  which
    41  exemptions can be claimed; procedures for payments in lieu of taxes  and
    42  instances  in  which  real  property appraisals are to be performed as a
    43  part of an application for tax exemption; in addition, agencies shall in
    44  adopting such policy consider such issues as:  the  extent  to  which  a
    45  project  will  create  or  retain permanent, private sector jobs and how
    46  many of such jobs shall be filled by residents of the economic  develop-
    47  ment region as established pursuant to section two hundred thirty of the
    48  economic  development  law  or  the  labor market area as defined by the
    49  agency, in which the project is located; the extent to which  a  project
    50  will use materials, products, goods, and other items which are produced,
    51  manufactured,  or  otherwise generated in the state; the estimated value
    52  of any tax exemptions to be provided; whether affected tax jurisdictions
    53  shall be reimbursed by the  project  occupant  if  a  project  does  not
    54  fulfill  the purposes for which an exemption was provided; the impact of
    55  a proposed project on existing  and  proposed  businesses  and  economic
    56  development  projects  in  the  vicinity;  the  amount of private sector
        A. 6157--A                          3
 
     1  investment generated or likely to be generated by the proposed  project;
     2  the demonstrated public support for the proposed project; the likelihood
     3  of accomplishing the proposed project in a timely fashion; the effect of
     4  the  proposed  project  upon  the  environment;  the extent to which the
     5  project will utilize, to the fullest extent practicable and economically
     6  feasible, resource conservation, energy efficiency, green  technologies,
     7  and  alternative  and renewable energy measures; the extent to which the
     8  proposed project will require  the  provision  of  additional  services,
     9  including,  but  not  limited to additional educational, transportation,
    10  police, emergency medical or fire services; and the extent to which  the
    11  proposed  project will provide additional sources of revenue for munici-
    12  palities and school districts.
    13    § 5.  This act shall take effect immediately and shall  apply  to  all
    14  applications submitted beginning sixty days after such effective date.