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

                                  1722

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 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:

  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 (HEREINAFTER REFERRED TO IN THIS SECTION AS "PILOT") AGREEMENT  BY
THE  AGENCY  FOR  A  PROJECT  LOCATED  IN THE VILLAGE OF FREEPORT OR THE
VILLAGE OF HEMPSTEAD, 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 OR THE VILLAGE OF HEMPSTEAD. IN ADDI-
TION, 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 REVIEWING APPLICATIONS AND  APPROVING
PILOT  AGREEMENTS FOR PROJECTS LOCATED IN THE VILLAGE OF FREEPORT 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 OR THE VILLAGE OF HEMPSTEAD AFTER THE THIRD

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD05704-01-3

A. 1722                             2

YEAR OF ENTERING INTO SUCH PILOT AGREEMENT, AND EVERY THIRD YEAR  THERE-
AFTER,  AND  ADJUST  THE PILOT AGREEMENT ACCORDINGLY BASED ON CHANGES TO
THE ASSESSED VALUE AND TAX RATE OF ALL OTHER REAL PROPERTIES LOCATED  IN
SUCH VILLAGES.  THE AGENCY SHALL PROVIDE A WRITTEN REPORT TO THE VILLAGE
OF  FREEPORT  AND THE VILLAGE OF HEMPSTEAD DOCUMENTING ANY AND ALL VARI-
ANCES OR CHANGES TO THE PROJECTED REVENUES OF  SUCH  VILLAGES  FROM  ANY
SUCH PILOT AGREEMENT.
  4.  A PILOT AGREEMENT FOR A PROJECT LOCATED IN THE VILLAGE OF FREEPORT
OR THE VILLAGE OF HEMPSTEAD SHALL NOT BE RENEWED OR RENEGOTIATED UNTIL A
FULL 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 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  AUDIT.  THE  VILLAGE  OF
FREEPORT  OR THE VILLAGE OF HEMPSTEAD MAY REQUEST FROM THE OFFICE OF THE
STATE COMPTROLLER AN AUDIT OR REVIEW OF THE AUDIT PRIOR TO  THE  RENEWAL
OR  RENEGOTIATION  OF  A  PILOT  AGREEMENT  FOR A PROJECT LOCATED IN THE
VILLAGE OF FREEPORT 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  (HEREINAFTER REFERRED TO IN THIS SECTION AS "PILOT") AGREEMENT BY
THE AGENCY FOR A PROJECT LOCATED IN  THE  VILLAGE  OF  FREEPORT  OR  THE
VILLAGE OF HEMPSTEAD, 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 OR THE VILLAGE OF HEMPSTEAD. IN ADDI-
TION, 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 REVIEWING APPLICATIONS AND APPROVING
PILOT AGREEMENTS FOR PROJECTS LOCATED IN THE VILLAGE OF FREEPORT 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 OR THE VILLAGE OF HEMPSTEAD AFTER  THE  THIRD
YEAR  OF ENTERING INTO SUCH PILOT AGREEMENT, AND EVERY THIRD YEAR THERE-
AFTER, AND ADJUST THE PILOT AGREEMENT ACCORDINGLY 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
OR THE VILLAGE OF HEMPSTEAD SHALL NOT BE RENEWED OR RENEGOTIATED UNTIL A
FULL  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 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 AUDIT. THE VILLAGE OF
FREEPORT OR THE VILLAGE OF HEMPSTEAD MAY REQUEST FROM THE OFFICE OF  THE

A. 1722                             3

STATE  COMPTROLLER  AN AUDIT OR REVIEW OF THE AUDIT PRIOR TO THE RENEWAL
OR RENEGOTIATION OF A PILOT AGREEMENT  FOR  A  PROJECT  LOCATED  IN  THE
VILLAGE OF FREEPORT OR THE VILLAGE OF HEMPSTEAD.
  S 3. This act shall take effect immediately.