Bill Text: NY A04296 | 2019-2020 | General Assembly | Introduced

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Bill Title: Creates the Eastchester creek intermunicipal economic revitalization agency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to local governments [A04296 Detail]

Download: New_York-2019-A04296-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4296
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 4, 2019
                                       ___________
        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
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Article  15-B  of the general municipal law is amended by
     2  adding a new title 119 to read as follows:
     3                                  TITLE 119
     4                              EASTCHESTER CREEK
     5                INTERMUNICIPAL ECONOMIC REVITALIZATION AGENCY
     6  Section 680-f. Eastchester creek intermunicipal economic  revitalization
     7                   agency.
     8    §  680-f.  Eastchester  creek  intermunicipal  economic revitalization
     9  agency.  (a) For the benefit of the city of Mount Vernon and the village
    10  of Pelham Manor and the inhabitants  thereof,  a  community  development
    11  agency,  to  be  known  as the Eastchester creek intermunicipal economic
    12  revitalization agency, is hereby established for the  accomplishment  of
    13  any  or  all of the purposes specified in articles fifteen and fifteen-A
    14  of this chapter. It shall constitute a body corporate and  politic,  and
    15  be  perpetual  in  duration.  It shall have the powers and duties now or
    16  hereafter conferred by articles fifteen and fifteen-A  of  this  chapter
    17  upon  community  development  agencies and provided that the exercise of
    18  the powers by such agency with respect to the acquisition of real  prop-
    19  erty whether by purchase, condemnation or otherwise, shall be limited to
    20  the  area defined as the Eastchester creek intermunicipal economic revi-
    21  talization area and such agency shall take into consideration the  local
    22  zoning  and  planning  regulations  as  well  as  the regional and local
    23  comprehensive land use plans in any  actions  they  take.  It  shall  be
    24  organized  in a manner prescribed by and be subject to the provisions of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04524-01-9
        A. 4296                             2
     1  articles fifteen and fifteen-A of this chapter  and  the  intermunicipal
     2  agreement  signed  by  both municipalities. Its members shall consist of
     3  the mayor of the city of Mount Vernon and the mayor of  the  village  of
     4  Pelham  Manor.  The  agency, its members and officers and its operations
     5  and activities shall in all other respects be governed by the provisions
     6  of articles fifteen and fifteen-A of this chapter and the intermunicipal
     7  agreement signed by both municipalities.   Provided, however,  that  the
     8  Eastchester  creek  intermunicipal  economic revitalization agency shall
     9  defer to the respective village or city on zoning and land use laws  and
    10  determinations and other municipal regulatory changes.
    11    (b)  The area defined as the Eastchester creek intermunicipal economic
    12  revitalization area shall consist of (i) that portion  of  the  city  of
    13  Mount  Vernon, approximately two hundred thirty-one acres in size, which
    14  is bounded by Sandford boulevard on the north, the city of New  York  on
    15  the  south,  South  Third  avenue  on  the west and the Hutchinson river
    16  (Eastchester creek or canal) on the east, and (ii) that portion  of  the
    17  village  of  Pelham  Manor, triangular in shape, which is bounded by the
    18  Hutchinson river (Eastchester creek or canal) on the west, the  Hutchin-
    19  son river parkway on the east and the city of New York on the south.
    20    §  2. The tax law is amended by adding a new section 1210-f to read as
    21  follows:
    22    § 1210-f. Sales and compensating use tax for purposes of the Eastches-
    23  ter creek intermunicipal economic revitalization area. For  the  purpose
    24  of establishing a uniform tax rate within the Eastchester creek intermu-
    25  nicipal  economic  revitalization  area,  the village of Pelham Manor is
    26  hereby authorized and empowered to adopt and  amend  local  laws,  ordi-
    27  nances  or  resolutions  imposing  within the territorial limits of that
    28  portion of the village of Pelham Manor which is within  the  Eastchester
    29  creek  intermunicipal  economic revitalization area additional sales and
    30  compensating use taxes at the rate necessary from time to time to equal-
    31  ize the rate of such taxes in that area with the rate of such  taxes  in
    32  the city of Mount Vernon. Except as hereinafter provided, all provisions
    33  of  this  article, including the definition and exemption provisions and
    34  the provisions relating to the administration, collection  and  distrib-
    35  ution by the commissioner, shall apply for purposes of the taxes author-
    36  ized  by  this  section  in  the same manner and with the same force and
    37  effect as if the language of this article had been incorporated in  full
    38  in  this  section  and had expressly referred to the taxes authorized by
    39  this section; provided, however, that any provision relating to a  maxi-
    40  mum rate shall be calculated without reference to the rate of additional
    41  sales and compensating use taxes herein authorized. For purposes of part
    42  IV  of  this  article, relating to the disposition of revenues resulting
    43  from taxes collected and administered by  the  commissioner,  the  addi-
    44  tional  sales  and  compensating  use  taxes  authorized by this section
    45  imposed under the authority  of  section  twelve  hundred  ten  of  this
    46  subpart  and  all provisions relating to the deposit, administration and
    47  disposition of taxes, penalties and interest relating to  taxes  imposed
    48  by  a  county  under the authority of section twelve hundred ten of this
    49  subpart shall, except as otherwise provided in this  section,  apply  to
    50  the  additional  sales  and  compensating  use  taxes authorized by this
    51  section, provided, however,  that  all  taxes,  penalties  and  interest
    52  imposed  by  the  village  of  Pelham  Manor under the authority of this
    53  section which are collected by the commissioner shall  be  deposited  as
    54  provided  in  section twelve hundred sixty-one of this article, shall be
    55  held in trust by the comptroller for  the  benefit  of  the  village  of
    56  Pelham  Manor  as provided therein and, after reserving such refund fund
        A. 4296                             3
     1  and such costs as are provided for therein, shall be paid to the  appro-
     2  priate  fiscal officer of the village of Pelham Manor in the same manner
     3  as is provided therein for payment to the fiscal officers of  the  other
     4  taxing jurisdictions provided for therein.
     5    § 3. This act shall take effect immediately.