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

                                  6369

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2013
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Local Governments

AN ACT to amend the general municipal law and the tax law,  in  relation
  to  creating the Eastchester creek intermunicipal economic revitaliza-
  tion agency; and to repeal certain provisions of the general municipal
  law relating thereto

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

  Section  1.  Title 119 of article 15-B of the general municipal law is
REPEALED and a new title 119 is added to read as follows:
                                TITLE 119
                            EASTCHESTER CREEK
              INTERMUNICIPAL ECONOMIC REVITALIZATION AGENCY
SECTION 680-F. EASTCHESTER CREEK INTERMUNICIPAL ECONOMIC  REVITALIZATION
                 AGENCY.
  S  680-F.  EASTCHESTER  CREEK  INTERMUNICIPAL  ECONOMIC REVITALIZATION
AGENCY.  (A) FOR THE BENEFIT OF THE CITY OF MOUNT VERNON AND THE VILLAGE
OF PELHAM MANOR AND THE INHABITANTS  THEREOF,  A  COMMUNITY  DEVELOPMENT
AGENCY,  TO  BE  KNOWN  AS THE EASTCHESTER CREEK INTERMUNICIPAL ECONOMIC
REVITALIZATION AGENCY, IS HEREBY ESTABLISHED FOR THE  ACCOMPLISHMENT  OF
ANY  OR  ALL OF THE PURPOSES SPECIFIED IN ARTICLES FIFTEEN AND FIFTEEN-A
OF THIS CHAPTER. IT SHALL CONSTITUTE A BODY CORPORATE AND  POLITIC,  AND
BE  PERPETUAL  IN  DURATION.  IT SHALL HAVE THE POWERS AND DUTIES NOW OR
HEREAFTER CONFERRED BY ARTICLES FIFTEEN AND FIFTEEN-A  OF  THIS  CHAPTER
UPON  COMMUNITY  DEVELOPMENT  AGENCIES AND PROVIDED THAT THE EXERCISE OF
THE POWERS BY SUCH AGENCY WITH RESPECT TO THE ACQUISITION OF REAL  PROP-
ERTY WHETHER BY PURCHASE, CONDEMNATION OR OTHERWISE, SHALL BE LIMITED TO
THE  AREA DEFINED AS THE EASTCHESTER CREEK INTERMUNICIPAL ECONOMIC REVI-
TALIZATION AREA AND SUCH AGENCY SHALL TAKE INTO CONSIDERATION THE  LOCAL
ZONING  AND  PLANNING  REGULATIONS  AS  WELL  AS  THE REGIONAL AND LOCAL
COMPREHENSIVE LAND USE PLANS IN ANY  ACTIONS  THEY  TAKE.  IT  SHALL  BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09932-02-3
              

A. 6369                             2

ORGANIZED  IN A MANNER PRESCRIBED BY AND BE SUBJECT TO THE PROVISIONS OF
ARTICLES FIFTEEN AND  FIFTEEN-A  OF  THIS  CHAPTER.  ITS  MEMBERS  SHALL
CONSIST  OF  THE  MAYOR OF THE CITY OF MOUNT VERNON AND THE MAYOR OF THE
VILLAGE  OF  PELHAM  MANOR. THE AGENCY, ITS MEMBERS AND OFFICERS AND ITS
OPERATIONS AND ACTIVITIES SHALL IN ALL OTHER RESPECTS BE GOVERNED BY THE
PROVISIONS OF ARTICLES FIFTEEN AND FIFTEEN-A OF THIS CHAPTER.  PROVIDED,
HOWEVER, THAT THE EASTCHESTER CREEK INTERMUNICIPAL ECONOMIC  REVITALIZA-
TION  AGENCY SHALL DEFER TO THE RESPECTIVE VILLAGE OR CITY ON ZONING AND
LAND USE LAWS AND DETERMINATIONS AND OTHER MUNICIPAL REGULATORY CHANGES.
  (2) THE AREA DEFINED AS THE EASTCHESTER CREEK INTERMUNICIPAL  ECONOMIC
REVITALIZATION  AREA  SHALL  CONSIST  OF (I) THAT PORTION OF THE CITY OF
MOUNT VERNON, APPROXIMATELY TWO HUNDRED THIRTY-ONE ACRES IN SIZE,  WHICH
IS  BOUNDED  BY SANDFORD BOULEVARD ON THE NORTH, THE CITY OF NEW YORK ON
THE SOUTH, SOUTH THIRD AVENUE ON  THE  WEST  AND  THE  HUTCHINSON  RIVER
(EASTCHESTER  CREEK  OR CANAL) ON THE EAST, AND (II) THAT PORTION OF THE
VILLAGE OF PELHAM MANOR, TRIANGULAR IN SHAPE, WHICH IS  BOUNDED  BY  THE
HUTCHINSON  RIVER (EASTCHESTER CREEK OR CANAL) ON THE WEST, THE HUTCHIN-
SON RIVER PARKWAY ON THE EAST AND THE CITY OF NEW YORK ON THE SOUTH.
  S 2. The tax law is amended by adding a new section 1210-f to read  as
follows:
  S 1210-F. SALES AND COMPENSATING USE TAX FOR PURPOSES OF THE EASTCHES-
TER  CREEK  INTERMUNICIPAL ECONOMIC REVITALIZATION AREA. FOR THE PURPOSE
OF ESTABLISHING A UNIFORM TAX RATE WITHIN THE EASTCHESTER CREEK INTERMU-
NICIPAL ECONOMIC REVITALIZATION AREA, THE VILLAGE  OF  PELHAM  MANOR  IS
HEREBY  AUTHORIZED  AND  EMPOWERED  TO ADOPT AND AMEND LOCAL LAWS, ORDI-
NANCES OR RESOLUTIONS IMPOSING WITHIN THE  TERRITORIAL  LIMITS  OF  THAT
PORTION  OF  THE VILLAGE OF PELHAM MANOR WHICH IS WITHIN THE EASTCHESTER
CREEK INTERMUNICIPAL ECONOMIC REVITALIZATION AREA ADDITIONAL  SALES  AND
COMPENSATING USE TAXES AT THE RATE NECESSARY FROM TIME TO TIME TO EQUAL-
IZE  THE  RATE OF SUCH TAXES IN THAT AREA WITH THE RATE OF SUCH TAXES IN
THE CITY OF MOUNT VERNON. EXCEPT AS HEREINAFTER PROVIDED, ALL PROVISIONS
OF THIS ARTICLE, INCLUDING THE DEFINITION AND EXEMPTION  PROVISIONS  AND
THE  PROVISIONS  RELATING TO THE ADMINISTRATION, COLLECTION AND DISTRIB-
UTION BY THE COMMISSIONER, SHALL APPLY FOR PURPOSES OF THE TAXES AUTHOR-
IZED BY THIS SECTION IN THE SAME MANNER AND  WITH  THE  SAME  FORCE  AND
EFFECT  AS IF THE LANGUAGE OF THIS ARTICLE HAD BEEN INCORPORATED IN FULL
IN THIS SECTION AND HAD EXPRESSLY REFERRED TO THE  TAXES  AUTHORIZED  BY
THIS  SECTION; PROVIDED, HOWEVER, THAT ANY PROVISION RELATING TO A MAXI-
MUM RATE SHALL BE CALCULATED WITHOUT REFERENCE TO THE RATE OF ADDITIONAL
SALES AND COMPENSATING USE TAXES HEREIN AUTHORIZED. FOR PURPOSES OF PART
IV OF THIS ARTICLE, RELATING TO THE DISPOSITION  OF  REVENUES  RESULTING
FROM  TAXES  COLLECTED  AND  ADMINISTERED BY THE COMMISSIONER, THE ADDI-
TIONAL SALES AND COMPENSATING  USE  TAXES  AUTHORIZED  BY  THIS  SECTION
IMPOSED  UNDER  THE  AUTHORITY  OF  SECTION  TWELVE  HUNDRED TEN OF THIS
SUBPART AND ALL PROVISIONS RELATING TO THE DEPOSIT,  ADMINISTRATION  AND
DISPOSITION  OF  TAXES, PENALTIES AND INTEREST RELATING TO TAXES IMPOSED
BY A COUNTY UNDER THE AUTHORITY OF SECTION TWELVE HUNDRED  TEN  OF  THIS
SUBPART  SHALL,  EXCEPT  AS OTHERWISE PROVIDED IN THIS SECTION, APPLY TO
THE ADDITIONAL SALES AND  COMPENSATING  USE  TAXES  AUTHORIZED  BY  THIS
SECTION,  PROVIDED,  HOWEVER,  THAT  ALL  TAXES,  PENALTIES AND INTEREST
IMPOSED BY THE VILLAGE OF PELHAM  MANOR  UNDER  THE  AUTHORITY  OF  THIS
SECTION  WHICH  ARE  COLLECTED BY THE COMMISSIONER SHALL BE DEPOSITED AS
PROVIDED IN SECTION TWELVE HUNDRED SIXTY-ONE OF THIS ARTICLE,  SHALL  BE
HELD  IN  TRUST  BY  THE  COMPTROLLER  FOR THE BENEFIT OF THE VILLAGE OF
PELHAM MANOR AS PROVIDED THEREIN AND, AFTER RESERVING SUCH  REFUND  FUND
AND  SUCH COSTS AS ARE PROVIDED FOR THEREIN, SHALL BE PAID TO THE APPRO-

A. 6369                             3

PRIATE FISCAL OFFICER OF THE VILLAGE OF PELHAM MANOR IN THE SAME  MANNER
AS  IS  PROVIDED THEREIN FOR PAYMENT TO THE FISCAL OFFICERS OF THE OTHER
TAXING JURISDICTIONS PROVIDED FOR THEREIN.
  S 2. This act shall take effect immediately.

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

                                 6369--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2013
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on  Local  Governments  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to amend the general municipal law and the tax law, in relation
  to creating the Eastchester creek intermunicipal economic  revitaliza-
  tion agency; and to repeal certain provisions of the general municipal
  law relating thereto

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

  Section 1. Title 119 of article 15-B of the general municipal  law  is
REPEALED and a new title 119 is added to read as follows:
                                TITLE 119
                            EASTCHESTER CREEK
              INTERMUNICIPAL ECONOMIC REVITALIZATION AGENCY
SECTION 680-F. EASTCHESTER  CREEK INTERMUNICIPAL ECONOMIC REVITALIZATION
                 AGENCY.
  S 680-F.  EASTCHESTER  CREEK  INTERMUNICIPAL  ECONOMIC  REVITALIZATION
AGENCY.  (A) FOR THE BENEFIT OF THE CITY OF MOUNT VERNON AND THE VILLAGE
OF  PELHAM  MANOR  AND  THE INHABITANTS THEREOF, A COMMUNITY DEVELOPMENT
AGENCY, TO BE KNOWN AS THE  EASTCHESTER  CREEK  INTERMUNICIPAL  ECONOMIC
REVITALIZATION  AGENCY,  IS HEREBY ESTABLISHED FOR THE ACCOMPLISHMENT OF
ANY OR ALL OF THE PURPOSES SPECIFIED IN ARTICLES FIFTEEN  AND  FIFTEEN-A
OF  THIS  CHAPTER. IT SHALL CONSTITUTE A BODY CORPORATE AND POLITIC, AND
BE PERPETUAL IN DURATION. IT SHALL HAVE THE POWERS  AND  DUTIES  NOW  OR
HEREAFTER  CONFERRED  BY  ARTICLES FIFTEEN AND FIFTEEN-A OF THIS CHAPTER
UPON COMMUNITY DEVELOPMENT AGENCIES AND PROVIDED THAT  THE  EXERCISE  OF
THE  POWERS BY SUCH AGENCY WITH RESPECT TO THE ACQUISITION OF REAL PROP-
ERTY WHETHER BY PURCHASE, CONDEMNATION OR OTHERWISE, SHALL BE LIMITED TO
THE AREA DEFINED AS THE EASTCHESTER CREEK INTERMUNICIPAL ECONOMIC  REVI-
TALIZATION  AREA AND SUCH AGENCY SHALL TAKE INTO CONSIDERATION THE LOCAL
ZONING AND PLANNING REGULATIONS  AS  WELL  AS  THE  REGIONAL  AND  LOCAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09932-04-3
              

A. 6369--A                          2

COMPREHENSIVE  LAND  USE  PLANS  IN  ANY  ACTIONS THEY TAKE. IT SHALL BE
ORGANIZED IN A MANNER PRESCRIBED BY AND BE SUBJECT TO THE PROVISIONS  OF
ARTICLES  FIFTEEN  AND  FIFTEEN-A  OF  THIS  CHAPTER.  ITS MEMBERS SHALL
CONSIST  OF  THE  MAYOR OF THE CITY OF MOUNT VERNON AND THE MAYOR OF THE
VILLAGE OF PELHAM MANOR. THE AGENCY, ITS MEMBERS AND  OFFICERS  AND  ITS
OPERATIONS AND ACTIVITIES SHALL IN ALL OTHER RESPECTS BE GOVERNED BY THE
PROVISIONS OF ARTICLES FIFTEEN AND FIFTEEN-A OF THIS CHAPTER.  PROVIDED,
HOWEVER,  THAT THE EASTCHESTER CREEK INTERMUNICIPAL ECONOMIC REVITALIZA-
TION AGENCY SHALL DEFER TO THE RESPECTIVE VILLAGE OR CITY ON ZONING  AND
LAND USE LAWS AND DETERMINATIONS AND OTHER MUNICIPAL REGULATORY CHANGES.
  (B)  THE AREA DEFINED AS THE EASTCHESTER CREEK INTERMUNICIPAL ECONOMIC
REVITALIZATION AREA SHALL CONSIST OF (I) THAT PORTION  OF  THE  CITY  OF
MOUNT  VERNON, APPROXIMATELY TWO HUNDRED THIRTY-ONE ACRES IN SIZE, WHICH
IS BOUNDED BY SANDFORD BOULEVARD ON THE NORTH, THE CITY OF NEW  YORK  ON
THE  SOUTH,  SOUTH  THIRD  AVENUE  ON  THE WEST AND THE HUTCHINSON RIVER
(EASTCHESTER CREEK OR CANAL) ON THE EAST, AND (II) THAT PORTION  OF  THE
VILLAGE  OF  PELHAM  MANOR, TRIANGULAR IN SHAPE, WHICH IS BOUNDED BY THE
HUTCHINSON RIVER (EASTCHESTER CREEK OR CANAL) ON THE WEST, THE  HUTCHIN-
SON RIVER PARKWAY ON THE EAST AND THE CITY OF NEW YORK ON THE SOUTH.
  S  2. The tax law is amended by adding a new section 1210-f to read as
follows:
  S 1210-F. SALES AND COMPENSATING USE TAX FOR PURPOSES OF THE EASTCHES-
TER CREEK INTERMUNICIPAL ECONOMIC REVITALIZATION AREA. FOR  THE  PURPOSE
OF ESTABLISHING A UNIFORM TAX RATE WITHIN THE EASTCHESTER CREEK INTERMU-
NICIPAL  ECONOMIC  REVITALIZATION  AREA,  THE VILLAGE OF PELHAM MANOR IS
HEREBY AUTHORIZED AND EMPOWERED TO ADOPT AND  AMEND  LOCAL  LAWS,  ORDI-
NANCES  OR  RESOLUTIONS  IMPOSING  WITHIN THE TERRITORIAL LIMITS OF THAT
PORTION OF THE VILLAGE OF PELHAM MANOR WHICH IS WITHIN  THE  EASTCHESTER
CREEK  INTERMUNICIPAL  ECONOMIC REVITALIZATION AREA ADDITIONAL SALES AND
COMPENSATING USE TAXES AT THE RATE NECESSARY FROM TIME TO TIME TO EQUAL-
IZE THE RATE OF SUCH TAXES IN THAT AREA WITH THE RATE OF SUCH  TAXES  IN
THE CITY OF MOUNT VERNON. EXCEPT AS HEREINAFTER PROVIDED, ALL PROVISIONS
OF  THIS  ARTICLE, INCLUDING THE DEFINITION AND EXEMPTION PROVISIONS AND
THE PROVISIONS RELATING TO THE ADMINISTRATION, COLLECTION  AND  DISTRIB-
UTION BY THE COMMISSIONER, SHALL APPLY FOR PURPOSES OF THE TAXES AUTHOR-
IZED  BY  THIS  SECTION  IN  THE SAME MANNER AND WITH THE SAME FORCE AND
EFFECT AS IF THE LANGUAGE OF THIS ARTICLE HAD BEEN INCORPORATED IN  FULL
IN  THIS  SECTION  AND HAD EXPRESSLY REFERRED TO THE TAXES AUTHORIZED BY
THIS SECTION; PROVIDED, HOWEVER, THAT ANY PROVISION RELATING TO A  MAXI-
MUM RATE SHALL BE CALCULATED WITHOUT REFERENCE TO THE RATE OF ADDITIONAL
SALES AND COMPENSATING USE TAXES HEREIN AUTHORIZED. FOR PURPOSES OF PART
IV  OF  THIS  ARTICLE, RELATING TO THE DISPOSITION OF REVENUES RESULTING
FROM TAXES COLLECTED AND ADMINISTERED BY  THE  COMMISSIONER,  THE  ADDI-
TIONAL  SALES  AND  COMPENSATING  USE  TAXES  AUTHORIZED BY THIS SECTION
IMPOSED UNDER THE AUTHORITY  OF  SECTION  TWELVE  HUNDRED  TEN  OF  THIS
SUBPART  AND  ALL PROVISIONS RELATING TO THE DEPOSIT, ADMINISTRATION AND
DISPOSITION OF TAXES, PENALTIES AND INTEREST RELATING TO  TAXES  IMPOSED
BY  A  COUNTY  UNDER THE AUTHORITY OF SECTION TWELVE HUNDRED TEN OF THIS
SUBPART SHALL, EXCEPT AS OTHERWISE PROVIDED IN THIS  SECTION,  APPLY  TO
THE  ADDITIONAL  SALES  AND  COMPENSATING  USE  TAXES AUTHORIZED BY THIS
SECTION, PROVIDED, HOWEVER,  THAT  ALL  TAXES,  PENALTIES  AND  INTEREST
IMPOSED  BY  THE  VILLAGE  OF  PELHAM  MANOR UNDER THE AUTHORITY OF THIS
SECTION WHICH ARE COLLECTED BY THE COMMISSIONER SHALL  BE  DEPOSITED  AS
PROVIDED  IN  SECTION TWELVE HUNDRED SIXTY-ONE OF THIS ARTICLE, SHALL BE
HELD IN TRUST BY THE COMPTROLLER FOR  THE  BENEFIT  OF  THE  VILLAGE  OF
PELHAM  MANOR  AS PROVIDED THEREIN AND, AFTER RESERVING SUCH REFUND FUND

A. 6369--A                          3

AND SUCH COSTS AS ARE PROVIDED FOR THEREIN, SHALL BE PAID TO THE  APPRO-
PRIATE  FISCAL OFFICER OF THE VILLAGE OF PELHAM MANOR IN THE SAME MANNER
AS IS PROVIDED THEREIN FOR PAYMENT TO THE FISCAL OFFICERS OF  THE  OTHER
TAXING JURISDICTIONS PROVIDED FOR THEREIN.
  S 3. This act shall take effect immediately.

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

                                 6369--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2013
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on  Local  Governments  --  committee  discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  recommitted to the Committee on Local Governments in  accordance  with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the general municipal law and the tax law, in relation
  to creating the Eastchester creek intermunicipal economic  revitaliza-
  tion  agency  and  making  an  appropriation  therefor;  and to repeal
  certain provisions of the general municipal law relating thereto

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

  Section  1.  Title 119 of article 15-B of the general municipal law is
REPEALED and a new title 119 is added to read as follows:
                                TITLE 119
                            EASTCHESTER CREEK
              INTERMUNICIPAL ECONOMIC REVITALIZATION AGENCY
SECTION 680-F. EASTCHESTER CREEK INTERMUNICIPAL ECONOMIC  REVITALIZATION
                 AGENCY.
  S  680-F.  EASTCHESTER  CREEK  INTERMUNICIPAL  ECONOMIC REVITALIZATION
AGENCY.  (A) FOR THE BENEFIT OF THE CITY OF MOUNT VERNON AND THE VILLAGE
OF PELHAM MANOR AND THE INHABITANTS  THEREOF,  A  COMMUNITY  DEVELOPMENT
AGENCY,  TO  BE  KNOWN  AS THE EASTCHESTER CREEK INTERMUNICIPAL ECONOMIC
REVITALIZATION AGENCY, IS HEREBY ESTABLISHED FOR THE  ACCOMPLISHMENT  OF
ANY  OR  ALL OF THE PURPOSES SPECIFIED IN ARTICLES FIFTEEN AND FIFTEEN-A
OF THIS CHAPTER. IT SHALL CONSTITUTE A BODY CORPORATE AND  POLITIC,  AND
BE  PERPETUAL  IN  DURATION.  IT SHALL HAVE THE POWERS AND DUTIES NOW OR
HEREAFTER CONFERRED BY ARTICLES FIFTEEN AND FIFTEEN-A  OF  THIS  CHAPTER
UPON  COMMUNITY  DEVELOPMENT  AGENCIES AND PROVIDED THAT THE EXERCISE OF
THE POWERS BY SUCH AGENCY WITH RESPECT TO THE ACQUISITION OF REAL  PROP-
ERTY WHETHER BY PURCHASE, CONDEMNATION OR OTHERWISE, SHALL BE LIMITED TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09932-05-4
              

A. 6369--B                          2

THE  AREA DEFINED AS THE EASTCHESTER CREEK INTERMUNICIPAL ECONOMIC REVI-
TALIZATION AREA AND SUCH AGENCY SHALL TAKE INTO CONSIDERATION THE  LOCAL
ZONING  AND  PLANNING  REGULATIONS  AS  WELL  AS  THE REGIONAL AND LOCAL
COMPREHENSIVE  LAND  USE  PLANS  IN  ANY  ACTIONS THEY TAKE. IT SHALL BE
ORGANIZED IN A MANNER PRESCRIBED BY AND BE SUBJECT TO THE PROVISIONS  OF
ARTICLES  FIFTEEN  AND  FIFTEEN-A  OF  THIS  CHAPTER.  ITS MEMBERS SHALL
CONSIST OF THE MAYOR OF THE CITY OF MOUNT VERNON AND THE  MAYOR  OF  THE
VILLAGE  OF  PELHAM  MANOR. THE AGENCY, ITS MEMBERS AND OFFICERS AND ITS
OPERATIONS AND ACTIVITIES SHALL IN ALL OTHER RESPECTS BE GOVERNED BY THE
PROVISIONS OF ARTICLES FIFTEEN AND FIFTEEN-A OF THIS CHAPTER.  PROVIDED,
HOWEVER, THAT THE EASTCHESTER CREEK INTERMUNICIPAL ECONOMIC  REVITALIZA-
TION  AGENCY SHALL DEFER TO THE RESPECTIVE VILLAGE OR CITY ON ZONING AND
LAND USE LAWS AND DETERMINATIONS AND OTHER MUNICIPAL REGULATORY CHANGES.
  (B) THE AREA DEFINED AS THE EASTCHESTER CREEK INTERMUNICIPAL  ECONOMIC
REVITALIZATION  AREA  SHALL  CONSIST  OF (I) THAT PORTION OF THE CITY OF
MOUNT VERNON, APPROXIMATELY TWO HUNDRED THIRTY-ONE ACRES IN SIZE,  WHICH
IS  BOUNDED  BY SANDFORD BOULEVARD ON THE NORTH, THE CITY OF NEW YORK ON
THE SOUTH, SOUTH THIRD AVENUE ON  THE  WEST  AND  THE  HUTCHINSON  RIVER
(EASTCHESTER  CREEK  OR CANAL) ON THE EAST, AND (II) THAT PORTION OF THE
VILLAGE OF PELHAM MANOR, TRIANGULAR IN SHAPE, WHICH IS  BOUNDED  BY  THE
HUTCHINSON  RIVER (EASTCHESTER CREEK OR CANAL) ON THE WEST, THE HUTCHIN-
SON RIVER PARKWAY ON THE EAST AND THE CITY OF NEW YORK ON THE SOUTH.
  S 2. The tax law is amended by adding a new section 1210-f to read  as
follows:
  S 1210-F. SALES AND COMPENSATING USE TAX FOR PURPOSES OF THE EASTCHES-
TER  CREEK  INTERMUNICIPAL ECONOMIC REVITALIZATION AREA. FOR THE PURPOSE
OF ESTABLISHING A UNIFORM TAX RATE WITHIN THE EASTCHESTER CREEK INTERMU-
NICIPAL ECONOMIC REVITALIZATION AREA, THE VILLAGE  OF  PELHAM  MANOR  IS
HEREBY  AUTHORIZED  AND  EMPOWERED  TO ADOPT AND AMEND LOCAL LAWS, ORDI-
NANCES OR RESOLUTIONS IMPOSING WITHIN THE  TERRITORIAL  LIMITS  OF  THAT
PORTION  OF  THE VILLAGE OF PELHAM MANOR WHICH IS WITHIN THE EASTCHESTER
CREEK INTERMUNICIPAL ECONOMIC REVITALIZATION AREA ADDITIONAL  SALES  AND
COMPENSATING USE TAXES AT THE RATE NECESSARY FROM TIME TO TIME TO EQUAL-
IZE  THE  RATE OF SUCH TAXES IN THAT AREA WITH THE RATE OF SUCH TAXES IN
THE CITY OF MOUNT VERNON. EXCEPT AS HEREINAFTER PROVIDED, ALL PROVISIONS
OF THIS ARTICLE, INCLUDING THE DEFINITION AND EXEMPTION  PROVISIONS  AND
THE  PROVISIONS  RELATING TO THE ADMINISTRATION, COLLECTION AND DISTRIB-
UTION BY THE COMMISSIONER, SHALL APPLY FOR PURPOSES OF THE TAXES AUTHOR-
IZED BY THIS SECTION IN THE SAME MANNER AND  WITH  THE  SAME  FORCE  AND
EFFECT  AS IF THE LANGUAGE OF THIS ARTICLE HAD BEEN INCORPORATED IN FULL
IN THIS SECTION AND HAD EXPRESSLY REFERRED TO THE  TAXES  AUTHORIZED  BY
THIS  SECTION; PROVIDED, HOWEVER, THAT ANY PROVISION RELATING TO A MAXI-
MUM RATE SHALL BE CALCULATED WITHOUT REFERENCE TO THE RATE OF ADDITIONAL
SALES AND COMPENSATING USE TAXES HEREIN AUTHORIZED. FOR PURPOSES OF PART
IV OF THIS ARTICLE, RELATING TO THE DISPOSITION  OF  REVENUES  RESULTING
FROM  TAXES  COLLECTED  AND  ADMINISTERED BY THE COMMISSIONER, THE ADDI-
TIONAL SALES AND COMPENSATING  USE  TAXES  AUTHORIZED  BY  THIS  SECTION
IMPOSED  UNDER  THE  AUTHORITY  OF  SECTION  TWELVE  HUNDRED TEN OF THIS
SUBPART AND ALL PROVISIONS RELATING TO THE DEPOSIT,  ADMINISTRATION  AND
DISPOSITION  OF  TAXES, PENALTIES AND INTEREST RELATING TO TAXES IMPOSED
BY A COUNTY UNDER THE AUTHORITY OF SECTION TWELVE HUNDRED  TEN  OF  THIS
SUBPART  SHALL,  EXCEPT  AS OTHERWISE PROVIDED IN THIS SECTION, APPLY TO
THE ADDITIONAL SALES AND  COMPENSATING  USE  TAXES  AUTHORIZED  BY  THIS
SECTION,  PROVIDED,  HOWEVER,  THAT  ALL  TAXES,  PENALTIES AND INTEREST
IMPOSED BY THE VILLAGE OF PELHAM  MANOR  UNDER  THE  AUTHORITY  OF  THIS
SECTION  WHICH  ARE  COLLECTED BY THE COMMISSIONER SHALL BE DEPOSITED AS

A. 6369--B                          3

PROVIDED IN SECTION TWELVE HUNDRED SIXTY-ONE OF THIS ARTICLE,  SHALL  BE
HELD  IN  TRUST  BY  THE  COMPTROLLER  FOR THE BENEFIT OF THE VILLAGE OF
PELHAM MANOR AS PROVIDED THEREIN AND, AFTER RESERVING SUCH  REFUND  FUND
AND  SUCH COSTS AS ARE PROVIDED FOR THEREIN, SHALL BE PAID TO THE APPRO-
PRIATE FISCAL OFFICER OF THE VILLAGE OF PELHAM MANOR IN THE SAME  MANNER
AS  IS  PROVIDED THEREIN FOR PAYMENT TO THE FISCAL OFFICERS OF THE OTHER
TAXING JURISDICTIONS PROVIDED FOR THEREIN.
  S  3.  The  sum  of  one  million  five   hundred   thousand   dollars
($1,500,000),  or  so much thereof as may be necessary, is hereby appro-
priated to the city of Mt. Vernon out of any moneys in the state  treas-
ury  in  the  general fund to the credit of the Eastchester creek inter-
municipal economic revitalization agency,  not  otherwise  appropriated,
and  made  immediately  available,  for  the purpose of carrying out the
provisions of this act. Such moneys shall be payable on  the  audit  and
warrant  of  the  comptroller  on  vouchers certified or approved by the
Board of Estimate and Contract of the city of Mt. Vernon in  the  manner
prescribed by law.
  S 4. This act shall take effect immediately.

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

                                 6369--C

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2013
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on  Local  Governments  --  committee  discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  recommitted to the Committee on Local Governments in  accordance  with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted  as  amended  and recommitted to said committee -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the general municipal law and the tax law,  in  relation
  to  creating the Eastchester creek intermunicipal economic revitaliza-
  tion agency and  making  an  appropriation  therefor;  and  to  repeal
  certain provisions of the general municipal law relating thereto

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

  Section 1. Title 119 of article 15-B of the general municipal  law  is
REPEALED and a new title 119 is added to read as follows:
                                TITLE 119
                            EASTCHESTER CREEK
              INTERMUNICIPAL ECONOMIC REVITALIZATION AGENCY
SECTION 680-F. EASTCHESTER  CREEK INTERMUNICIPAL ECONOMIC REVITALIZATION
                 AGENCY.
  S 680-F.  EASTCHESTER  CREEK  INTERMUNICIPAL  ECONOMIC  REVITALIZATION
AGENCY.  (A) FOR THE BENEFIT OF THE CITY OF MOUNT VERNON AND THE VILLAGE
OF  PELHAM  MANOR  AND  THE INHABITANTS THEREOF, A COMMUNITY DEVELOPMENT
AGENCY, TO BE KNOWN AS THE  EASTCHESTER  CREEK  INTERMUNICIPAL  ECONOMIC
REVITALIZATION  AGENCY,  IS HEREBY ESTABLISHED FOR THE ACCOMPLISHMENT OF
ANY OR ALL OF THE PURPOSES SPECIFIED IN ARTICLES FIFTEEN  AND  FIFTEEN-A
OF  THIS  CHAPTER. IT SHALL CONSTITUTE A BODY CORPORATE AND POLITIC, AND
BE PERPETUAL IN DURATION. IT SHALL HAVE THE POWERS  AND  DUTIES  NOW  OR
HEREAFTER  CONFERRED  BY  ARTICLES FIFTEEN AND FIFTEEN-A OF THIS CHAPTER
UPON COMMUNITY DEVELOPMENT AGENCIES AND PROVIDED THAT  THE  EXERCISE  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09932-09-4
              

A. 6369--C                          2

THE  POWERS BY SUCH AGENCY WITH RESPECT TO THE ACQUISITION OF REAL PROP-
ERTY WHETHER BY PURCHASE, CONDEMNATION OR OTHERWISE, SHALL BE LIMITED TO
THE AREA DEFINED AS THE EASTCHESTER CREEK INTERMUNICIPAL ECONOMIC  REVI-
TALIZATION  AREA AND SUCH AGENCY SHALL TAKE INTO CONSIDERATION THE LOCAL
ZONING AND PLANNING REGULATIONS  AS  WELL  AS  THE  REGIONAL  AND  LOCAL
COMPREHENSIVE  LAND  USE  PLANS  IN  ANY  ACTIONS THEY TAKE. IT SHALL BE
ORGANIZED IN A MANNER PRESCRIBED BY AND BE SUBJECT TO THE PROVISIONS  OF
ARTICLES  FIFTEEN  AND  FIFTEEN-A OF THIS CHAPTER AND THE INTERMUNICIPAL
AGREEMENT SIGNED BY BOTH MUNICIPALITIES. ITS MEMBERS  SHALL  CONSIST  OF
THE  MAYOR  OF  THE CITY OF MOUNT VERNON AND THE MAYOR OF THE VILLAGE OF
PELHAM MANOR. THE AGENCY, ITS MEMBERS AND OFFICERS  AND  ITS  OPERATIONS
AND ACTIVITIES SHALL IN ALL OTHER RESPECTS BE GOVERNED BY THE PROVISIONS
OF  ARTICLES  FIFTEEN AND FIFTEEN-A OF THIS CHAPTER.  PROVIDED, HOWEVER,
THAT THE EASTCHESTER CREEK INTERMUNICIPAL ECONOMIC REVITALIZATION AGENCY
SHALL DEFER TO THE RESPECTIVE VILLAGE OR CITY ON  ZONING  AND  LAND  USE
LAWS AND DETERMINATIONS AND OTHER MUNICIPAL REGULATORY CHANGES.
  (B)  THE AREA DEFINED AS THE EASTCHESTER CREEK INTERMUNICIPAL ECONOMIC
REVITALIZATION AREA SHALL CONSIST OF (I) THAT PORTION  OF  THE  CITY  OF
MOUNT  VERNON, APPROXIMATELY TWO HUNDRED THIRTY-ONE ACRES IN SIZE, WHICH
IS BOUNDED BY SANDFORD BOULEVARD ON THE NORTH, THE CITY OF NEW  YORK  ON
THE  SOUTH,  SOUTH  THIRD  AVENUE  ON  THE WEST AND THE HUTCHINSON RIVER
(EASTCHESTER CREEK OR CANAL) ON THE EAST, AND (II) THAT PORTION  OF  THE
VILLAGE  OF  PELHAM  MANOR, TRIANGULAR IN SHAPE, WHICH IS BOUNDED BY THE
HUTCHINSON RIVER (EASTCHESTER CREEK OR CANAL) ON THE WEST, THE  HUTCHIN-
SON RIVER PARKWAY ON THE EAST AND THE CITY OF NEW YORK ON THE SOUTH.
  S  2. The tax law is amended by adding a new section 1210-f to read as
follows:
  S 1210-F. SALES AND COMPENSATING USE TAX FOR PURPOSES OF THE EASTCHES-
TER CREEK INTERMUNICIPAL ECONOMIC REVITALIZATION AREA. FOR  THE  PURPOSE
OF ESTABLISHING A UNIFORM TAX RATE WITHIN THE EASTCHESTER CREEK INTERMU-
NICIPAL  ECONOMIC  REVITALIZATION  AREA,  THE VILLAGE OF PELHAM MANOR IS
HEREBY AUTHORIZED AND EMPOWERED TO ADOPT AND  AMEND  LOCAL  LAWS,  ORDI-
NANCES  OR  RESOLUTIONS  IMPOSING  WITHIN THE TERRITORIAL LIMITS OF THAT
PORTION OF THE VILLAGE OF PELHAM MANOR WHICH IS WITHIN  THE  EASTCHESTER
CREEK  INTERMUNICIPAL  ECONOMIC REVITALIZATION AREA ADDITIONAL SALES AND
COMPENSATING USE TAXES AT THE RATE NECESSARY FROM TIME TO TIME TO EQUAL-
IZE THE RATE OF SUCH TAXES IN THAT AREA WITH THE RATE OF SUCH  TAXES  IN
THE CITY OF MOUNT VERNON. EXCEPT AS HEREINAFTER PROVIDED, ALL PROVISIONS
OF  THIS  ARTICLE, INCLUDING THE DEFINITION AND EXEMPTION PROVISIONS AND
THE PROVISIONS RELATING TO THE ADMINISTRATION, COLLECTION  AND  DISTRIB-
UTION BY THE COMMISSIONER, SHALL APPLY FOR PURPOSES OF THE TAXES AUTHOR-
IZED  BY  THIS  SECTION  IN  THE SAME MANNER AND WITH THE SAME FORCE AND
EFFECT AS IF THE LANGUAGE OF THIS ARTICLE HAD BEEN INCORPORATED IN  FULL
IN  THIS  SECTION  AND HAD EXPRESSLY REFERRED TO THE TAXES AUTHORIZED BY
THIS SECTION; PROVIDED, HOWEVER, THAT ANY PROVISION RELATING TO A  MAXI-
MUM RATE SHALL BE CALCULATED WITHOUT REFERENCE TO THE RATE OF ADDITIONAL
SALES AND COMPENSATING USE TAXES HEREIN AUTHORIZED. FOR PURPOSES OF PART
IV  OF  THIS  ARTICLE, RELATING TO THE DISPOSITION OF REVENUES RESULTING
FROM TAXES COLLECTED AND ADMINISTERED BY  THE  COMMISSIONER,  THE  ADDI-
TIONAL  SALES  AND  COMPENSATING  USE  TAXES  AUTHORIZED BY THIS SECTION
IMPOSED UNDER THE AUTHORITY  OF  SECTION  TWELVE  HUNDRED  TEN  OF  THIS
SUBPART  AND  ALL PROVISIONS RELATING TO THE DEPOSIT, ADMINISTRATION AND
DISPOSITION OF TAXES, PENALTIES AND INTEREST RELATING TO  TAXES  IMPOSED
BY  A  COUNTY  UNDER THE AUTHORITY OF SECTION TWELVE HUNDRED TEN OF THIS
SUBPART SHALL, EXCEPT AS OTHERWISE PROVIDED IN THIS  SECTION,  APPLY  TO
THE  ADDITIONAL  SALES  AND  COMPENSATING  USE  TAXES AUTHORIZED BY THIS

A. 6369--C                          3

SECTION, PROVIDED, HOWEVER,  THAT  ALL  TAXES,  PENALTIES  AND  INTEREST
IMPOSED  BY  THE  VILLAGE  OF  PELHAM  MANOR UNDER THE AUTHORITY OF THIS
SECTION WHICH ARE COLLECTED BY THE COMMISSIONER SHALL  BE  DEPOSITED  AS
PROVIDED  IN  SECTION TWELVE HUNDRED SIXTY-ONE OF THIS ARTICLE, SHALL BE
HELD IN TRUST BY THE COMPTROLLER FOR  THE  BENEFIT  OF  THE  VILLAGE  OF
PELHAM  MANOR  AS PROVIDED THEREIN AND, AFTER RESERVING SUCH REFUND FUND
AND SUCH COSTS AS ARE PROVIDED FOR THEREIN, SHALL BE PAID TO THE  APPRO-
PRIATE  FISCAL OFFICER OF THE VILLAGE OF PELHAM MANOR IN THE SAME MANNER
AS IS PROVIDED THEREIN FOR PAYMENT TO THE FISCAL OFFICERS OF  THE  OTHER
TAXING JURISDICTIONS PROVIDED FOR THEREIN.
  S   3.   The   sum  of  one  million  five  hundred  thousand  dollars
($1,500,000), or so much thereof as may be necessary, is  hereby  appro-
priated  to the city of Mt. Vernon out of any moneys in the state treas-
ury in the general fund to the credit of the  Eastchester  creek  inter-
municipal  economic  revitalization  agency, not otherwise appropriated,
and made immediately available, for the  purpose  of  carrying  out  the
provisions  of  this  act. Such moneys shall be payable on the audit and
warrant of the comptroller on vouchers  certified  or  approved  by  the
Board  of  Estimate and Contract of the city of Mt. Vernon in the manner
prescribed by law.
  S 4. This act shall take effect immediately.