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.
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.
STATE OF NEW YORK ________________________________________________________________________ 5666 2011-2012 Regular Sessions IN 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.