Amd §858, Gen Muni L; amd §§1953 & 2306, Pub Auth L
Requires notification of the expiration of a PILOT agreement to be delivered to the affected tax jurisdiction within two years of the expiration of such agreement or immediately upon early termination.
STATE OF NEW YORK
________________________________________________________________________
7963
IN SENATE
March 4, 2020
___________
Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
AN ACT to amend the general municipal law and the public authorities
law, in relation to certain notifications regarding agreements requir-
ing payments in lieu of taxes
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 15 of section 858 of the general municipal law,
2 as added by chapter 356 of the laws of 1993, is amended to read as
3 follows:
4 (15) To enter into agreements requiring payments in lieu of taxes.
5 Such agreements shall be in writing and in addition to other terms shall
6 contain: the amount due annually to each affected tax jurisdiction (or a
7 formula by which the amount due can be calculated), the name and address
8 of the person, office or agency to which payment shall be delivered, the
9 date on which payment shall be made, and the date on which payment shall
10 be considered delinquent if not paid. Unless otherwise agreed by the
11 affected tax jurisdictions, any such agreement shall provide that
12 payments in lieu of taxes shall be allocated among affected tax juris-
13 dictions in proportion to the amount of real property tax and other
14 taxes which would have been received by each affected tax jurisdiction
15 had the project not been tax exempt due to the status of the agency
16 involved in the project. A copy of any such agreement shall be delivered
17 to each affected tax jurisdiction within fifteen days of signing the
18 agreement. In the absence of any such written agreement, payments in
19 lieu of taxes made by an agency shall be allocated in the same
20 proportions as they had been prior to January first, nineteen hundred
21 ninety-three for so long as the agency's activities render a project
22 non-taxable by affected tax jurisdictions. A notification of the expira-
23 tion of such agreement shall be delivered to the affected tax jurisdic-
24 tion within two years of the expiration of such agreement and immediate-
25 ly upon early termination of an agreement;
26 § 2. Subdivision 14 of section 1953 of the public authorities law, as
27 added by chapter 356 of the laws of 1993, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15524-03-0
S. 7963 2
1 14. To enter into agreements requiring payments in lieu of taxes. Such
2 agreements shall be in writing and in addition to other terms shall
3 contain: the amount due annually to each affected tax jurisdiction (or a
4 formula by which the amount due can be calculated), the name and address
5 of the person, office or agency to which payment shall be delivered, the
6 date on which payment shall be made, and the date on which payment shall
7 be considered delinquent if not paid. Unless otherwise agreed by the
8 affected tax jurisdictions, any such agreement shall provide that
9 payments in lieu of taxes shall be allocated among affected tax juris-
10 dictions in proportion to the amount of real property tax and other
11 taxes which would have been received by each affected tax jurisdiction
12 had the project not been tax exempt due to the status of the authority
13 involved in the project. A copy of any such agreement shall be delivered
14 to each affected tax jurisdiction within fifteen days of signing the
15 agreement. In the absence of any such written agreement, payments in
16 lieu of taxes made by an agency shall be allocated in the same
17 proportions as they had been prior to January first, nineteen hundred
18 ninety-three for so long as the authority's activities render a project
19 non-taxable by affected tax jurisdictions. A notification of the expi-
20 ration of such agreement shall be delivered to the affected tax juris-
21 diction within two years of the expiration of such agreement and imme-
22 diately upon early termination of an agreement;
23 § 3. Subdivision 14 of section 2306 of the public authorities law, as
24 added by chapter 356 of the laws of 1993, is amended to read as follows:
25 14. To enter into agreements requiring payments in lieu of taxes. Such
26 agreements shall be in writing and in addition to other terms shall
27 contain: the amount due annually to each affected tax jurisdiction (or a
28 formula by which the amount due can be calculated), the name and address
29 of the person, office or agency to which payment shall be delivered, the
30 date on which the payment shall be made, and the date on which payment
31 shall be considered delinquent if not paid. Unless otherwise agreed by
32 the affected tax jurisdictions, any such agreement shall provide that
33 payments in lieu of taxes shall be allocated among affected tax juris-
34 dictions in proportion to the amount of real property tax and other
35 taxes which would have been received by each affected tax jurisdiction
36 had the project not been tax exempt due to the status of the agency
37 involved in the project. A copy of any such agreement shall be delivered
38 to each tax affected jurisdiction within fifteen days of signing the
39 agreement. In the absence of any such written agreement, payments in
40 lieu of taxes shall be allocated in the same proportions as they had
41 been prior to January first, nineteen hundred ninety-three for so long
42 as the authority's activities render a project non-taxable by affected
43 tax jurisdictions. A notification of the expiration of such agreement
44 shall be delivered to the affected tax jurisdiction within two years of
45 the expiration of such agreement and immediately upon early termination
46 of an agreement;
47 § 4. This act shall take effect on the sixtieth day after it shall
48 have become a law.
