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A08097 Summary:

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A08097 Floor Votes:

A08097 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8097
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 18, 2013
                                       ___________
 
        Introduced by M. of A. HOOPER -- read once and referred to the Committee
          on Local Governments
 
        AN  ACT  to  amend the general municipal law, in relation to payments in
          lieu of taxes for projects approved by the town  of  Hempstead  indus-
          trial development agency and the Nassau 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 905 of the general munici-
     2  pal law is designated subdivision 1 and three new subdivisions 2, 3  and
     3  4 are added to read as follows:
     4    2.  Prior  to the approval of any application for a payment in lieu of
     5  taxes (hereinafter referred to in this section as "PILOT") agreement  by
     6  the  agency  for  a  project  located  in the village of Freeport or the
     7  village of Hempstead,  the  chief  executive  officer  of  the  affected
     8  village  shall  be  consulted.    The agency shall also consult with the
     9  village governing body prior to any PILOT agreement  being  approved  by

    10  the  agency  for  a  project  located  in the village of Freeport or the
    11  village of Hempstead. In addition, the agency  shall  obtain  an  impact
    12  analysis  to  determine the impact on the village 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 village 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  village  of  Freeport or the village of Hempstead, shall include at
    19  least one member of such village's governing body and at least three  at

    20  large members drawn from a cross section of the village community.
    21    3.  The  agency shall review any PILOT agreement for a project located
    22  in the village of Freeport or the village of Hempstead after  the  third
    23  year  of entering into such PILOT agreement, and every third year there-
    24  after, and adjust the PILOT agreement accordingly based  on  changes  to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05704-02-3
        A. 8097                             2
 
     1  the  assessed value and tax rate of all other real properties located in
     2  such villages.  The agency shall provide a written report to the village

     3  of Freeport and the village of Hempstead documenting any and  all  vari-
     4  ances  or  changes  to  the projected revenues of such villages from any
     5  such PILOT agreement.
     6    4. A PILOT agreement for a project located in the village of  Freeport
     7  or the village of Hempstead shall not be renewed or renegotiated until a
     8  full  audit has been completed of the accounts of the party obligated to
     9  make payments in lieu of taxes pursuant to the PILOT agreement with  the
    10  agency. The agency and the village governing body shall jointly choose a
    11  qualified  entity to conduct such audit.  The party that is obligated to
    12  make payments in lieu of taxes pursuant to the PILOT agreement with  the
    13  agency  shall  bear  the  costs  of preparing such audit. The village of

    14  Freeport or the village of Hempstead may request from the office of  the
    15  state  comptroller  an audit or review of the audit prior to the renewal
    16  or renegotiation of a PILOT agreement  for  a  project  located  in  the
    17  village of Freeport or the village of Hempstead.
    18    §  2.  The  opening  paragraph of section 922 of the general municipal
    19  law, as amended by chapter 474 of the laws of 1988, is designated subdi-
    20  vision 1 and three new subdivisions 2, 3 and 4  are  added  to  read  as
    21  follows:
    22    2.  Prior  to the approval of any application for a payment in lieu of
    23  taxes (hereinafter referred to in this section as "PILOT") agreement  by
    24  the  agency  for  a  project  located  in the village of Freeport or the

    25  village of Hempstead,  the  chief  executive  officer  of  the  affected
    26  village  shall  be  consulted.    The agency shall also consult with the
    27  village governing body prior to any PILOT agreement  being  approved  by
    28  the  agency  for  a  project  located  in the village of Freeport or the
    29  village of Hempstead. In addition, the agency  shall  obtain  an  impact
    30  analysis  to  determine the impact on the village of the project and the
    31  planned PILOT agreement. The applicant for such  PILOT  agreement  shall
    32  bear  the  costs related to the required impact analysis. The agency and
    33  the village governing body shall jointly select a  qualified  entity  to
    34  conduct  the impact analysis. The membership of the agency, when review-

    35  ing applications and approving PILOT agreements for projects located  in
    36  the  village  of  Freeport or the village of Hempstead, shall include at
    37  least one member of such village's governing body and at least three  at
    38  large members drawn from a cross section of the village community.
    39    3.  The  agency shall review any PILOT agreement for a project located
    40  in the village of Freeport or the village of Hempstead after  the  third
    41  year  of entering into such PILOT agreement, and every third year there-
    42  after, and adjust the PILOT agreement accordingly based  on  changes  to
    43  the  assessed value and tax rate of all other real properties located in
    44  such villages.
    45    4. A PILOT agreement for a project located in the village of  Freeport

    46  or the village of Hempstead shall not be renewed or renegotiated until a
    47  full  audit has been completed of the accounts of the party obligated to
    48  make payments in lieu of taxes pursuant to the PILOT agreement with  the
    49  agency. The agency and the village governing body shall jointly choose a
    50  qualified  entity to conduct such audit.  The party that is obligated to
    51  make payments in lieu of taxes pursuant to the PILOT agreement with  the
    52  agency  shall  bear  the  costs  of preparing such audit. The village of
    53  Freeport or the village of Hempstead may request from the office of  the
    54  state  comptroller  an audit or review of the audit prior to the renewal
    55  or renegotiation of a PILOT agreement  for  a  project  located  in  the

    56  village of Freeport or the village of Hempstead.
        A. 8097                             3
 
     1    § 3. This act shall take effect immediately.