Bill Text: NY S00840 | 2013-2014 | General Assembly | Introduced
Bill Title: Restricts the formation of new development agencies in Erie County.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO LOCAL GOVERNMENT [S00840 Detail]
Download: New_York-2013-S00840-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
840
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
AN ACT to amend the general municipal law, in relation to restricting
the formation of new development agencies in Erie county
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 891-a of the general municipal law is amended by
2 adding a new subdivision 3 to read as follows:
3 3. (A) NOTWITHSTANDING THE PROVISIONS OF SECTION EIGHT HUNDRED FIFTY-
4 SIX OF THIS ARTICLE OR ANY OTHER LAW, RULE OR REGULATION TO THE CONTRA-
5 RY, NO NEW INDUSTRIAL DEVELOPMENT AGENCY MAY BE FORMED WITHIN ERIE COUN-
6 TY.
7 (B) NOTWITHSTANDING THE PROVISIONS OF SECTION EIGHT HUNDRED
8 SEVENTY-FOUR OF THIS ARTICLE OR ANY OTHER LAW, RULE OR REGULATION TO THE
9 CONTRARY, WITHIN ERIE COUNTY, ONLY PROJECTS THAT ARE UNDERTAKEN BY THE
10 ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY:
11 (1) MAY BE EXEMPT FROM THE FOUR PERCENT SALES AND COMPENSATING USE TAX
12 IMPOSED FOR THE BENEFIT OF NEW YORK STATE BY ARTICLE TWENTY-EIGHT OF THE
13 TAX LAW;
14 (2) MAY BE EXEMPT FROM THE THREE PERCENT, ADDITIONAL ONE PERCENT AND
15 THE ADDITIONAL THREE-QUARTERS OF ONE PERCENT SALES AND COMPENSATING USE
16 TAX IMPOSED BY SECTION TWELVE HUNDRED TEN OF THE TAX LAW;
17 (3) MAY BE EXEMPT FROM REAL PROPERTY TAXES IMPOSED BY THE COUNTY OF
18 ERIE, PROVIDED HOWEVER, COUNTY REAL PROPERTY TAX RELIEF MAY BE GRANTED
19 BY A TOWN INDUSTRIAL DEVELOPMENT AGENCY FOR PROJECTS LOCATED WITHIN SUCH
20 TOWN, IF THE ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY CONSENTS ON A
21 PROJECT BY PROJECT BASIS BY RESOLUTION AT A REGULAR OR SPECIAL MEETING
22 TO SUCH REAL PROPERTY TAX EXEMPTION;
23 (4) MAY BE EXEMPT FROM REAL PROPERTY TAXES IMPOSED BY A VILLAGE,
24 PROVIDED HOWEVER, VILLAGE REAL PROPERTY TAX RELIEF MAY BE GRANTED ON A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00019-02-3
S. 840 2
1 PROJECT BY PROJECT BASIS BY A TOWN INDUSTRIAL DEVELOPMENT AGENCY FOR
2 PROJECTS LOCATED WITHIN A VILLAGE WHICH IS PART OF SUCH TOWN, IF SUCH
3 VILLAGE CONSENTS BY A RESOLUTION DULY ADOPTED AT A REGULAR OR SPECIAL
4 MEETING OF SUCH VILLAGE BOARD TO SUCH REAL PROPERTY TAX EXEMPTION;
5 (5) MAY BE EXEMPT FROM REAL PROPERTY TAXES IMPOSED BY A SCHOOL
6 DISTRICT, PROVIDED HOWEVER, SCHOOL DISTRICT REAL PROPERTY TAX RELIEF MAY
7 BE GRANTED ON A PROJECT BY PROJECT BASIS BY A TOWN INDUSTRIAL DEVELOP-
8 MENT AGENCY FOR PROJECTS LOCATED WITHIN A SCHOOL DISTRICT WHICH IS PART
9 OF SUCH TOWN, IF SUCH SCHOOL DISTRICT CONSENTS BY A RESOLUTION DULY
10 ADOPTED AT A REGULAR OR SPECIAL MEETING OF THE BOARD OF SUCH SCHOOL
11 DISTRICT TO SUCH REAL PROPERTY TAX EXEMPTION; AND
12 (6) MAY BE EXEMPT FROM THE MORTGAGE RECORDING TAX IMPOSED BY ARTICLE
13 ELEVEN OF THE TAX LAW.
14 (C) NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, TOWN
15 INDUSTRIAL DEVELOPMENT AGENCIES WITHIN ERIE COUNTY ARE AUTHORIZED TO
16 ENTER INTO COOPERATIVE AGREEMENTS WITH THE ERIE COUNTY INDUSTRIAL DEVEL-
17 OPMENT AGENCY WHEREBY THE RIGHTS, OBLIGATIONS, DUTIES, AND ASSETS OF
18 SUCH TOWN INDUSTRIAL DEVELOPMENT AGENCY ARE TRANSFERRED IN WHOLE OR IN
19 PART TO THE ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY SO LONG ANY PLEDGE
20 THAT MAY HAVE BEEN PROVIDED BY THE STATE, SUCH MUNICIPALITY, OR SUCH
21 TOWN INDUSTRIAL DEVELOPMENT AGENCY PURSUANT TO THE PROVISIONS OF SECTION
22 EIGHT HUNDRED SIXTY-EIGHT OF THIS ARTICLE IS NOT ADVERSELY AFFECTED.
23 INSOFAR AS THE PROVISIONS OF THIS PARAGRAPH ARE INCONSISTENT WITH ANY OF
24 THE PROVISIONS OF SECTION EIGHT HUNDRED NINETY-EIGHT-A, NINE HUNDRED
25 ONE-A, NINE HUNDRED FOURTEEN-A (AS ADDED BY CHAPTER FIVE HUNDRED SEVEN-
26 TY-NINE OF THE LAWS OF NINETEEN HUNDRED SEVENTY-THREE), NINE HUNDRED
27 TWENTY-FIVE-T OR NINE HUNDRED TWENTY-FIVE-V OF THIS TITLE, THE
28 PROVISIONS OF THIS PARAGRAPH SHALL BE CONTROLLING.
29 S 2. Section 898-a of the general municipal law, as added by chapter
30 995 of the laws of 1972, is amended to read as follows:
31 S 898-a. Town of Lancaster industrial development agency. For the
32 benefit of the town of Lancaster in the county of Erie, and the inhabit-
33 ants thereof, an industrial development agency, to be known as the TOWN
34 OF LANCASTER INDUSTRIAL DEVELOPMENT AGENCY, is hereby established for
35 the accomplishment of any or all of the purposes specified in title one
36 of THIS article [eighteen-A of this chapter]. It shall constitute a
37 body corporate and politic, and be perpetual in duration. It shall have
38 the powers and duties now or hereafter conferred by title one of THIS
39 article [eighteen-A of this chapter] upon industrial development agen-
40 cies and provided that the exercise of the powers by such agency with
41 respect to the acquisition of real property whether by purchase, condem-
42 nation or otherwise, shall be limited to the corporate limits of the
43 Town of Lancaster, and such agency shall take into consideration the
44 local zoning and planning regulations as well as the regional and local
45 comprehensive land use plans. It shall be organized in a manner
46 prescribed by and be subject to the provisions of title one of THIS
47 article [eighteen-A of this chapter]. Its members shall be appointed by
48 the governing body of the Town of Lancaster. The agency, its members,
49 officers and employees and its operations and activities shall in all
50 respects be governed by the provisions of title one of article eigh-
51 teen-A of this chapter. INSOFAR AS ANY OF THE PROVISIONS OF THIS
52 SECTION ARE INCONSISTENT WITH THE PROVISIONS OF PARAGRAPH THREE OF
53 SECTION EIGHT HUNDRED NINETY-ONE-A OF THIS TITLE, THE PROVISIONS OF SUCH
54 PARAGRAPH SHALL BE CONTROLLING.
55 S 3. Section 901-a of the general municipal law, as added by chapter
56 364 of the laws of 1973, is amended to read as follows:
S. 840 3
1 S 901-a. Town of Clarence, Erie county, industrial development agency.
2 For the benefit of the town of Clarence, Erie county, and the inhabit-
3 ants thereof, an industrial development agency, to be known as the TOWN
4 OF CLARENCE, ERIE COUNTY, INDUSTRIAL DEVELOPMENT AGENCY, is hereby
5 established for the accomplishment of any or all of the purposes speci-
6 fied in title one of THIS article [eighteen-A of this chapter]. It shall
7 constitute a body corporate and politic, and be perpetual in duration.
8 It shall have the powers and duties now or hereafter conferred by title
9 one of THIS article [eighteen-A of this chapter] upon industrial devel-
10 opment agencies and provided that the exercise of the powers by such
11 agency with respect to the acquisition of real property whether by
12 purchase, condemnation or otherwise, shall be limited to the corporate
13 limits of the town of Clarence, and such agency shall take into consid-
14 eration the local zoning and planning regulations as well as the
15 regional and local comprehensive land use plans. It shall be organized
16 in a manner prescribed by and be subject to the provisions of title one
17 of THIS article [eighteen-A of this chapter]. Its members shall be
18 appointed by the governing body of the town of Clarence. The agency, its
19 members, officers and employees and its operations and activities shall
20 in all respects be governed by the provisions of title one of THIS arti-
21 cle [eighteen-A of this chapter]. INSOFAR AS ANY OF THE PROVISIONS OF
22 THIS SECTION ARE INCONSISTENT WITH THE PROVISIONS OF PARAGRAPH THREE OF
23 SECTION EIGHT HUNDRED NINETY-ONE-A OF THIS TITLE, THE PROVISIONS OF SUCH
24 PARAGRAPH SHALL BE CONTROLLING.
25 S 4. Section 914-a of the general municipal law, as added by chapter
26 579 of the laws of 1973, is amended to read as follows:
27 S 914-a. Town of Amherst industrial development agency. For the bene-
28 fit of the town of Amherst in the county of Erie, and the inhabitants
29 thereof, an industrial development agency, to be known as the TOWN OF
30 AMHERST INDUSTRIAL DEVELOPMENT AGENCY, is hereby established for the
31 accomplishment of any or all of the purposes specified in title one of
32 THIS article [eighteen-A of this chapter]. It shall constitute a body
33 corporate and politic, and be perpetual in duration. It shall have the
34 power and duties now or hereafter conferred by title one of THIS article
35 [eighteen-A of this chapter] upon industrial development agencies and
36 provided that the exercise of the powers by such agency with respect to
37 the acquisition of real property whether by purchase, condemnation or
38 otherwise, shall be limited to the corporate limits of the town of
39 Amherst, and such agency shall take into consideration the local zoning
40 and planning regulations as well as the regional and local comprehensive
41 land use plans. It shall be organized in a manner prescribed by and be
42 subject to the provisions of title one of THIS article [eighteen-A of
43 this chapter]. Its members shall be appointed by the governing body of
44 the town of Amherst. The agency, its members, officers and employees and
45 its operations and activities shall in all respects be governed by the
46 provisions of title one of THIS article [eighteen-A of this chapter].
47 INSOFAR AS ANY OF THE PROVISIONS OF THIS SECTION ARE INCONSISTENT WITH
48 THE PROVISIONS OF PARAGRAPH THREE OF SECTION EIGHT HUNDRED NINETY-ONE-A
49 OF THIS TITLE, THE PROVISIONS OF SUCH PARAGRAPH SHALL BE CONTROLLING.
50 S 5. Section 925-t of the general municipal law is amended by adding a
51 new subdivision 3 to read as follows:
52 3. INSOFAR AS ANY OF THE PROVISIONS OF THIS SECTION ARE INCONSISTENT
53 WITH THE PROVISIONS OF PARAGRAPH THREE OF SECTION EIGHT HUNDRED NINETY-
54 ONE-A OF THIS TITLE, THE PROVISIONS OF SUCH PARAGRAPH SHALL BE CONTROL-
55 LING.
S. 840 4
1 S 6. Section 925-v of the general municipal law is amended by adding a
2 new subdivision 3 to read as follows:
3 3. INSOFAR AS ANY OF THE PROVISIONS OF THIS SECTION ARE INCONSISTENT
4 WITH THE PROVISIONS OF PARAGRAPH THREE OF SECTION EIGHT HUNDRED NINETY-
5 ONE-A OF THIS TITLE, THE PROVISIONS OF SUCH PARAGRAPH SHALL BE CONTROL-
6 LING.
7 S 7. This act shall take effect immediately; provided, however, it
8 shall not apply to any project approved by a town industrial development
9 agency prior to the effective date of this act.
