Actions

Text

STATE OF NEW YORK
________________________________________________________________________

7527

2011-2012 Regular Sessions

IN ASSEMBLY

May 10, 2011
___________

Introduced by M. of A. McKEVITT -- 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
  Hempstead industrial development agency and the Nassau  county  indus-
  trial agency

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The opening paragraph of section 905 of the general munici-
pal law is designated subdivision 1 and three new subdivisions 2, 3  and
4 are added to read as follows:
  2.  PRIOR  TO THE APPROVAL OF ANY APPLICATION FOR A PAYMENT IN LIEU OF
TAXES (PILOT) AGREEMENT BY THE AGENCY  FOR  A  PROJECT  LOCATED  IN  THE
VILLAGE  OF FREEPORT, THE VILLAGE OF GARDEN CITY OR THE VILLAGE OF HEMP-
STEAD, THE WRITTEN  CONSENT  OF  THE  CHIEF  EXECUTIVE  OFFICER  OF  THE
AFFECTED  VILLAGE  SHALL  BE  OBTAINED. THE AGENCY SHALL ALSO OBTAIN THE
APPROVAL, BY THREE-FIFTHS MAJORITY, OF THE VILLAGE GOVERNING BODY  PRIOR
TO  ANY  PILOT  AGREEMENT  BEING  APPROVED  BY  THE AGENCY FOR A PROJECT
LOCATED IN THE VILLAGE OF FREEPORT, THE VILLAGE OF GARDEN  CITY  OR  THE
VILLAGE  OF  HEMPSTEAD.  IN  ADDITION, THE AGENCY SHALL OBTAIN AN IMPACT
ANALYSIS TO DETERMINE THE IMPACT ON THE VILLAGE OF THE PROJECT  AND  THE
PLANNED  PILOT  AGREEMENT.  THE APPLICANT FOR SUCH PILOT AGREEMENT SHALL
BEAR THE COSTS RELATED TO THE REQUIRED IMPACT ANALYSIS. THE  AGENCY  AND
THE  VILLAGE  GOVERNING  BODY SHALL JOINTLY SELECT A QUALIFIED ENTITY TO
CONDUCT THE IMPACT ANALYSIS. THE MEMBERSHIP OF THE AGENCY, WHEN  REVIEW-
ING  APPLICATIONS AND APPROVING PILOT AGREEMENTS FOR PROJECTS LOCATED IN
THE VILLAGE OF FREEPORT, THE VILLAGE OF GARDEN CITY OR  THE  VILLAGE  OF
HEMPSTEAD, SHALL INCLUDE AT LEAST ONE MEMBER OF SUCH VILLAGE'S GOVERNING
BODY  AND  AT LEAST THREE AT LARGE MEMBERS DRAWN FROM A CROSS SECTION OF
THE VILLAGE COMMUNITY.
  3. THE AGENCY SHALL REVIEW ANY PILOT AGREEMENT FOR A  PROJECT  LOCATED
IN THE VILLAGE OF FREEPORT, THE VILLAGE OF GARDEN CITY OR THE VILLAGE OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11085-01-1
A. 7527                             2

HEMPSTEAD  AFTER  THE  THIRD YEAR OF ENTERING INTO SUCH PILOT AGREEMENT,
AND EVERY THIRD YEAR THEREAFTER, AND ADJUST THE PILOT AGREEMENT  ACCORD-
INGLY  BASED  ON CHANGES TO THE ASSESSED VALUE AND TAX RATE OF ALL OTHER
REAL PROPERTIES LOCATED IN SUCH VILLAGES.
  4. A PILOT AGREEMENT FOR A PROJECT LOCATED IN THE VILLAGE OF FREEPORT,
THE  VILLAGE  OF  GARDEN  CITY  OR THE VILLAGE OF HEMPSTEAD SHALL NOT BE
RENEWED OR RENEGOTIATED UNTIL A FULL FORENSIC AUDIT HAS  BEEN  COMPLETED
OF THE ACCOUNTS OF THE PARTY OBLIGATED TO MAKE PAYMENTS IN LIEU OF TAXES
PURSUANT  TO  THE  PILOT  AGREEMENT  WITH THE AGENCY. THE AGENCY AND THE
VILLAGE GOVERNING BODY  SHALL  JOINTLY  CHOOSE  A  QUALIFIED  ENTITY  TO
CONDUCT  SUCH  FORENSIC  AUDIT.  THE  PARTY  THAT  IS  OBLIGATED TO MAKE
PAYMENTS IN LIEU OF TAXES PURSUANT TO THE PILOT AGREEMENT WITH THE AGEN-
CY SHALL BEAR THE COSTS OF PREPARING SUCH FORENSIC AUDIT. THE VILLAGE OF
FREEPORT, THE VILLAGE OF GARDEN CITY OR THE  VILLAGE  OF  HEMPSTEAD  MAY
REQUEST  FROM  THE OFFICE OF THE STATE COMPTROLLER AN AUDIT OR REVIEW OF
THE FORENSIC AUDIT PRIOR TO THE RENEWAL  OR  RENEGOTIATION  OF  A  PILOT
AGREEMENT  FOR A PROJECT LOCATED IN THE VILLAGE OF FREEPORT, THE VILLAGE
OF GARDEN CITY OR THE VILLAGE OF HEMPSTEAD.
  S 2. The opening paragraph of section 922  of  the  general  municipal
law, as amended by chapter 474 of the laws of 1988, is designated subdi-
vision  1  and  three  new  subdivisions 2, 3 and 4 are added to read as
follows:
  2. PRIOR TO THE APPROVAL OF ANY APPLICATION FOR A PAYMENT IN  LIEU  OF
TAXES  (PILOT)  AGREEMENT  BY  THE  AGENCY  FOR A PROJECT LOCATED IN THE
VILLAGE OF FREEPORT, THE VILLAGE OF GARDEN CITY OR THE VILLAGE OF  HEMP-
STEAD,  THE  WRITTEN  CONSENT  OF  THE  CHIEF  EXECUTIVE  OFFICER OF THE
AFFECTED VILLAGE SHALL BE OBTAINED. THE AGENCY  SHALL  ALSO  OBTAIN  THE
APPROVAL,  BY THREE-FIFTHS MAJORITY, OF THE VILLAGE GOVERNING BODY PRIOR
TO ANY PILOT AGREEMENT BEING  APPROVED  BY  THE  AGENCY  FOR  A  PROJECT
LOCATED  IN  THE  VILLAGE OF FREEPORT, THE VILLAGE OF GARDEN CITY OR THE
VILLAGE OF HEMPSTEAD. IN ADDITION, THE AGENCY  SHALL  OBTAIN  AN  IMPACT
ANALYSIS  TO  DETERMINE THE IMPACT ON THE VILLAGE OF THE PROJECT AND THE
PLANNED PILOT AGREEMENT. THE APPLICANT FOR SUCH  PILOT  AGREEMENT  SHALL
BEAR  THE  COSTS RELATED TO THE REQUIRED IMPACT ANALYSIS. THE AGENCY AND
THE VILLAGE GOVERNING BODY SHALL JOINTLY SELECT A  QUALIFIED  ENTITY  TO
CONDUCT  THE IMPACT ANALYSIS. THE MEMBERSHIP OF THE AGENCY, WHEN REVIEW-
ING APPLICATIONS AND APPROVING PILOT AGREEMENTS FOR PROJECTS LOCATED  IN
THE  VILLAGE  OF  FREEPORT, THE VILLAGE OF GARDEN CITY OR THE VILLAGE OF
HEMPSTEAD, SHALL INCLUDE AT LEAST ONE MEMBER OF SUCH VILLAGE'S GOVERNING
BODY AND AT LEAST THREE AT LARGE MEMBERS DRAWN FROM A CROSS  SECTION  OF
THE VILLAGE COMMUNITY.
  3.  THE  AGENCY SHALL REVIEW ANY PILOT AGREEMENT FOR A PROJECT LOCATED
IN THE VILLAGE OF FREEPORT, THE VILLAGE OF GARDEN CITY OR THE VILLAGE OF
HEMPSTEAD AFTER THE THIRD YEAR OF ENTERING INTO  SUCH  PILOT  AGREEMENT,
AND  EVERY THIRD YEAR THEREAFTER, AND ADJUST THE PILOT AGREEMENT ACCORD-
INGLY BASED ON CHANGES TO THE ASSESSED VALUE AND TAX RATE OF  ALL  OTHER
REAL PROPERTIES LOCATED IN SUCH VILLAGES.
  4. A PILOT AGREEMENT FOR A PROJECT LOCATED IN THE VILLAGE OF FREEPORT,
THE  VILLAGE  OF  GARDEN  CITY  OR THE VILLAGE OF HEMPSTEAD SHALL NOT BE
RENEWED OR RENEGOTIATED UNTIL A FULL FORENSIC AUDIT HAS  BEEN  COMPLETED
OF THE ACCOUNTS OF THE PARTY OBLIGATED TO MAKE PAYMENTS IN LIEU OF TAXES
PURSUANT  TO  THE  PILOT  AGREEMENT  WITH THE AGENCY. THE AGENCY AND THE
VILLAGE GOVERNING BODY  SHALL  JOINTLY  CHOOSE  A  QUALIFIED  ENTITY  TO
CONDUCT  SUCH  FORENSIC  AUDIT.  THE  PARTY  THAT  IS  OBLIGATED TO MAKE
PAYMENTS IN LIEU OF TAXES PURSUANT TO THE PILOT AGREEMENT WITH THE AGEN-
CY SHALL BEAR THE COSTS OF PREPARING SUCH FORENSIC AUDIT. THE VILLAGE OF
A. 7527                             3

FREEPORT, THE VILLAGE OF GARDEN CITY OR THE  VILLAGE  OF  HEMPSTEAD  MAY
REQUEST  FROM  THE OFFICE OF THE STATE COMPTROLLER AN AUDIT OR REVIEW OF
THE FORENSIC AUDIT PRIOR TO THE RENEWAL  OR  RENEGOTIATION  OF  A  PILOT
AGREEMENT  FOR A PROJECT LOCATED IN THE VILLAGE OF FREEPORT, THE VILLAGE
OF GARDEN CITY OR THE VILLAGE OF HEMPSTEAD.
  S 3. This act shall take effect immediately.