Bill Text: NY S01833 | 2017-2018 | General Assembly | Introduced
Bill Title: Restricts the formation of new development agencies in Erie County.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO LOCAL GOVERNMENT [S01833 Detail]
Download: New_York-2017-S01833-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1833 2017-2018 Regular Sessions IN SENATE January 11, 2017 ___________ 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 seventy- 8 four of this article or any other law, rule or regulation to the contra- 9 ry, within Erie county, only projects that are undertaken by the Erie 10 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 25 project by project basis by a town industrial development agency for EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00827-01-7S. 1833 2 1 projects located within a village which is part of such town, if such 2 village consents by a resolution duly adopted at a regular or special 3 meeting of such village board to such real property tax exemption; 4 (5) May be exempt from real property taxes imposed by a school 5 district, provided however, school district real property tax relief may 6 be granted on a project by project basis by a town industrial develop- 7 ment agency for projects located within a school district which is part 8 of such town, if such school district consents by a resolution duly 9 adopted at a regular or special meeting of the board of such school 10 district to such real property tax exemption; and 11 (6) May be exempt from the mortgage recording tax imposed by article 12 eleven of the tax law. 13 (c) Notwithstanding any law, rule or regulation to the contrary, town 14 industrial development agencies within Erie county are authorized to 15 enter into cooperative agreements with the Erie County Industrial Devel- 16 opment Agency whereby the rights, obligations, duties, and assets of 17 such town industrial development agency are transferred in whole or in 18 part to the Erie County Industrial Development Agency so long any pledge 19 that may have been provided by the state, such municipality, or such 20 town industrial development agency pursuant to the provisions of section 21 eight hundred sixty-eight of this article is not adversely affected. 22 Insofar as the provisions of this paragraph are inconsistent with any of 23 the provisions of section eight hundred ninety-eight-a, nine hundred 24 one-a, nine hundred fourteen-a (as added by chapter five hundred seven- 25 ty-nine of the laws of nineteen hundred seventy-three), nine hundred 26 twenty-five-t or nine hundred twenty-five-v of this title, the 27 provisions of this paragraph shall be controlling. 28 § 2. Section 898-a of the general municipal law, as added by chapter 29 995 of the laws of 1972, is amended to read as follows: 30 § 898-a. Town of Lancaster industrial development agency. For the 31 benefit of the town of Lancaster in the county of Erie, and the inhabit- 32 ants thereof, an industrial development agency, to be known as the TOWN 33 OF LANCASTER INDUSTRIAL DEVELOPMENT AGENCY, is hereby established for 34 the accomplishment of any or all of the purposes specified in title one 35 of this article [eighteen-A of this chapter]. It shall constitute a 36 body corporate and politic, and be perpetual in duration. It shall have 37 the powers and duties now or hereafter conferred by title one of this 38 article [eighteen-A of this chapter] upon industrial development agen- 39 cies and provided that the exercise of the powers by such agency with 40 respect to the acquisition of real property whether by purchase, condem- 41 nation or otherwise, shall be limited to the corporate limits of the 42 Town of Lancaster, and such agency shall take into consideration the 43 local zoning and planning regulations as well as the regional and local 44 comprehensive land use plans. It shall be organized in a manner 45 prescribed by and be subject to the provisions of title one of this 46 article [eighteen-A of this chapter]. Its members shall be appointed by 47 the governing body of the Town of Lancaster. The agency, its members, 48 officers and employees and its operations and activities shall in all 49 respects be governed by the provisions of title one of this article 50 [eighteen-A of this chapter]. Insofar as any of the provisions of this 51 section are inconsistent with the provisions of subdivision three of 52 section eight hundred ninety-one-a of this title, the provisions of such 53 subdivision shall be controlling. 54 § 3. Section 901-a of the general municipal law, as added by chapter 55 364 of the laws of 1973, is amended to read as follows:S. 1833 3 1 § 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 subdivision three 23 of section eight hundred ninety-one-a of this title, the provisions of 24 such subdivision shall be controlling. 25 § 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 § 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 of43this 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 subdivision three of section eight hundred 49 ninety-one-a of this title, the provisions of such subdivision shall be 50 controlling. 51 § 5. Section 925-t of the general municipal law is amended by adding a 52 new subdivision 3 to read as follows: 53 3. Insofar as any of the provisions of this section are inconsistent 54 with the provisions of subdivision three of section eight hundred nine- 55 ty-one-a of this title, the provisions of such subdivision shall be 56 controlling.S. 1833 4 1 § 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 subdivision three of section eight hundred nine- 5 ty-one-a of this title, the provisions of such subdivision shall be 6 controlling. 7 § 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.
