Requires signatures of the chief executive of the town of Chester for payments in lieu of taxes prior to the grant of application or the effectiveness of any such grant for a payment in lieu of taxes by the Orange county industrial development agency or any other agency that affects a municipality; makes related provisions.

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S5666-2011 Actions

• Jun 23, 2011: SUBSTITUTED BY A3146
• Jun 23, 2011: ORDERED TO THIRD READING CAL.1531
• Jun 23, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jun 9, 2011: REFERRED TO LOCAL GOVERNMENT

S5666-2011 Meetings

Rules: Jun 24, 2011

S5666-2011 Calendars

Floor Calendar: Jun 23, 2011

S5666-2011 Votes

S5666-2011 Memo

BILL NUMBER:S5666

TITLE OF BILL:
An act
to amend the general municipal law, in relation to the town of
Chester
and the Orange
county
industrial agency

PURPOSE:
This legislation requires signatures for payments in lieu of taxes.

SUMMARY OF PROVISIONS:
The written consent of the chief executive officer is required in any
PILOT prior to the approval of any application by the agency for a
project located in the town of Chester. The agency shall also obtain
three-fifths majority of the town governing body prior to any PILOT
agreement being approved. The agency must also obtain an impact
analysis to determine the impact of the PILOT on the town of the
project and the planned Pilot agreement.

The applicant shall bear the cost related to the impact study. The
agency and the town governing body shall jointly select a qualified
entity to conduct the impact analysis. The agency's membership shall
include at least one member Of the town's governing body and at least
three at large members from a cross section of the community,

The agency shall review any PILOT agreement after the third year and
every third year thereafter, and adjust the PILOT agreement
accordingly based on changes to the assessed value and tax rate of
all other real properties.

A PILOT agreement for a project 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.

JUSTIFICATION:
This legislation has been requested by the Town of Chester in response
to a larger than normal tax break granted by the Orange County
industrial development agency to a business located within the town
of Chester.

LEGISLATIVE HISTORY:
2010: A.11451 Referred to Local Governments
      S.8264 Referred to Rules

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect immediately.

S5666-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    5666

                         2011-2012 Regular Sessions

                              I N  SENATE

                                June 9, 2011
                                 ___________

  Introduced  by  Sen.  LARKIN -- 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, 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:


    Section 1.  The opening paragraph of section 912 of the general munic-
  ipal law, as added by chapter 390 of the laws  of  1972,  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  TOWN
  OF  CHESTER,  THE  WRITTEN CONSENT OF THE CHIEF EXECUTIVE OFFICER OF THE
  AFFECTED TOWN SHALL BE OBTAINED.   THE  AGENCY  SHALL  ALSO  OBTAIN  THE
  APPROVAL,  BY THREE-FIFTHS MAJORITY, OF THE TOWN GOVERNING BODY PRIOR TO
  ANY PILOT AGREEMENT BEING APPROVED BY THE AGENCY FOR A  PROJECT  LOCATED
  IN  THE  TOWN OF CHESTER. IN ADDITION, THE AGENCY SHALL OBTAIN AN IMPACT
  ANALYSIS TO DETERMINE THE IMPACT ON THE TOWN  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  TOWN  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 TOWN OF CHESTER, SHALL INCLUDE AT LEAST ONE MEMBER  OF  SUCH  TOWN'S
  GOVERNING  BODY  AND  AT LEAST THREE AT LARGE MEMBERS DRAWN FROM A CROSS
  SECTION OF THE TOWN COMMUNITY.
    3. THE AGENCY SHALL REVIEW ANY PILOT AGREEMENT FOR A  PROJECT  LOCATED
  IN  THE TOWN OF CHESTER AFTER THE THIRD YEAR OF ENTERING INTO SUCH PILOT
  AGREEMENT, AND EVERY THIRD YEAR THEREAFTER, AND ADJUST THE PILOT  AGREE-
  MENT  ACCORDINGLY BASED ON CHANGES TO THE ASSESSED VALUE AND TAX RATE OF
  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

 S. 5666                             2

    4. A PILOT AGREEMENT FOR A PROJECT LOCATED  IN  THE  TOWN  OF  CHESTER
  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  TOWN  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
  AGENCY SHALL BEAR THE COSTS OF PREPARING SUCH FORENSIC AUDIT.  THE  TOWN
  OF CHESTER 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 TOWN OF CHESTER.
    S 2. This act shall take effect immediately.