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.
LBD04215-01-3
A. 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 and
A. 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.