Bill Text: NY A00977 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to notice procedures prior to approval of projects by industrial development agencies; includes electronic correspondence with read-receipts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-03-03 - signed chap.32 [A00977 Detail]
Download: New_York-2023-A00977-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 977 2023-2024 Regular Sessions IN ASSEMBLY January 11, 2023 ___________ Introduced by M. of A. SOLAGES -- read once and referred to the Commit- tee on Local Governments AN ACT to amend the general municipal law and the public authorities law, in relation to notice procedures prior to approval of projects by industrial development agencies The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1-a of section 859-a of the general municipal 2 law, as added by a chapter of the laws of 2022 amending the general 3 municipal law and the public authorities law relating to requiring 4 notice and confirmation of such notice by affected local taxing juris- 5 dictions and school districts prior to approval of projects by indus- 6 trial development agencies, as proposed in legislative bills numbers S. 7 3256 and A. 10056, is amended and a new subdivision 7 is added to read 8 as follows: 9 1-a. The agency shall deliver a copy of the resolution adopted pursu- 10 ant to subdivision one of this section by certified mail, return receipt 11 requested or an electronic correspondence with a read-receipt, to the 12 chief executive officer of each affected local taxing jurisdiction. When 13 the affected local taxing jurisdiction is a school district, the agency 14 shall deliver a copy of such resolution by certified mail, return 15 receipt requested or an electronic correspondence with a read-receipt, 16 to the [school board] district clerk and district superintendent of each 17 affected school district. 18 7. Each agency shall establish a procedure for compliance with the 19 notification requirements, including identification of the notification 20 method, under subdivision one-a of this section and paragraph (b) of 21 subdivision four of section eight hundred seventy-four of this title. 22 § 2. Paragraph (b) of subdivision 4 of section 874 of the general 23 municipal law, as amended by a chapter of the laws of 2022 amending the 24 general municipal law and the public authorities law relating to requir- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04215-01-3A. 977 2 1 ing notice and confirmation of such notice by affected local taxing 2 jurisdictions and school districts prior to approval of projects by 3 industrial development agencies, as proposed in legislative bills 4 numbers S. 3256 and A. 10056, is amended to read as follows: 5 (b) The agency shall establish a procedure for deviation from the 6 uniform tax exemption policy required pursuant to this subdivision. The 7 agency shall set forth in writing the reasons for deviation from such 8 policy, and shall further notify by certified mail, return receipt 9 requested or an electronic correspondence with a read-receipt, the 10 affected local taxing jurisdictions of the proposed deviation from such 11 policy and the reasons therefor. When the affected local taxing juris- 12 diction is a school district, the agency shall notify by certified mail, 13 return receipt requested or an electronic correspondence with a read-re- 14 ceipt, the [school board] district clerk and district superintendent of 15 each affected school district. 16 § 3. Subdivision 1-a of section 1953-a of the public authorities law, 17 as added by a chapter of the laws of 2022 amending the general municipal 18 law and the public authorities law relating to requiring notice and 19 confirmation of such notice by affected local taxing jurisdictions and 20 school districts prior to approval of projects by industrial development 21 agencies, as proposed in legislative bills numbers S. 3256 and A. 10056, 22 is amended and a new subdivision 4 is added to read as follows: 23 1-a. The authority shall deliver a copy of the resolution adopted 24 pursuant to subdivision one of this section by certified mail, return 25 receipt requested or an electronic correspondence with a read receipt, 26 to the chief executive officer of each affected tax jurisdiction. When 27 the affected tax jurisdiction is a school district, the authority shall 28 deliver a copy of such resolution by certified mail, return receipt 29 requested or an electronic correspondence with a read-receipt, to the 30 [school board] district clerk and district superintendent of each 31 affected school district. 32 4. The authority shall establish a procedure for compliance with the 33 notification requirements, including identification of the notification 34 method, under subdivision one-a of this section and subdivision two of 35 section nineteen hundred sixty-three-a of this title. 36 § 4. Subdivision 2 of section 1963-a of the public authorities law, as 37 amended by a chapter of the laws of 2022 amending the general municipal 38 law and the public authorities law relating to requiring notice and 39 confirmation of such notice by affected local taxing jurisdictions and 40 school districts prior to approval of projects by industrial development 41 agencies, as proposed in legislative bills numbers S. 3256 and A. 10056, 42 is amended to read as follows: 43 2. The authority shall establish a procedure for deviation from the 44 uniform tax exemption policy required pursuant to this section. The 45 authority shall set forth in writing the reasons for deviation from such 46 policy, and shall further notify by certified mail, return receipt 47 requested or an electronic correspondence with a read-receipt, the 48 affected tax jurisdictions of the proposed deviation from such policy 49 and the reasons therefor. When the affected tax jurisdiction is a 50 school district, the authority shall notify by certified mail, return 51 receipt requested or an electronic correspondence with a read-receipt, 52 the [school board] district clerk and district superintendent of each 53 affected school district. 54 § 5. Subdivision 1-a of section 2307 of the public authorities law, as 55 added by a chapter of the laws of 2022 amending the general municipal 56 law and the public authorities law relating to requiring notice andA. 977 3 1 confirmation of such notice by affected local taxing jurisdictions and 2 school districts prior to approval of projects by industrial development 3 agencies, as proposed in legislative bills numbers S. 3256 and A. 10056, 4 is amended and a new subdivision 4 is added to read as follows: 5 1-a. The authority shall deliver a copy of the resolution adopted 6 pursuant to subdivision one of this section by certified mail, return 7 receipt requested or an electronic correspondence with a read-receipt, 8 to the chief executive officer of each affected tax jurisdiction. When 9 the affected tax jurisdiction is a school district, the authority shall 10 deliver a copy of such resolution by certified mail, return receipt 11 requested or an electronic correspondence with a read-receipt, to the 12 [school board] district clerk and district superintendent of each 13 affected school district. 14 4. The authority shall establish a procedure for compliance with the 15 notification requirements, including identification of the notification 16 method, of subdivision one-a of this section and subdivision two of 17 section twenty-three hundred fifteen of this title. 18 § 6. Subdivision 2 of section 2315 of the public authorities law, as 19 amended by a chapter of the laws of 2022 amending the general municipal 20 law and the public authorities law relating to requiring notice and 21 confirmation of such notice by affected local taxing jurisdictions and 22 school districts prior to approval of projects by industrial development 23 agencies, as proposed in legislative bills numbers S. 3256 and A. 10056, 24 is amended to read as follows: 25 2. The authority shall establish a procedure for deviation from the 26 uniform tax exemption policy required pursuant to this section. The 27 authority shall set forth in writing the reasons for deviation from such 28 policy, and shall further notify by certified mail, return receipt 29 requested or an electronic correspondence with a read-receipt, the 30 affected local taxing jurisdictions of the proposed deviation from such 31 policy and the reasons therefor. When the affected tax jurisdiction is a 32 school district, the authority shall notify by certified mail, return 33 receipt requested or an electronic correspondence with a read-receipt, 34 the [school board] district clerk and district superintendent of each 35 affected school district. 36 § 7. This act shall take effect on the same date and in the same 37 manner as a chapter of the laws of 2022 amending the general municipal 38 law and the public authorities law relating to requiring notice and 39 confirmation of such notice by affected local taxing jurisdictions and 40 school districts prior to approval of projects by industrial development 41 agencies, as proposed in legislative bills numbers S. 3256 and A. 10056, 42 takes effect.
