Bill Text: NY S05609 | 2019-2020 | General Assembly | Introduced
Bill Title: Incorporates resource conservation, energy efficiency, green technologies, and alternative and renewable energy measures of project applicants into a uniform tax exemption policy.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2019-10-23 - signed chap.386 [S05609 Detail]
Download: New_York-2019-S05609-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5609 2019-2020 Regular Sessions IN SENATE May 8, 2019 ___________ Introduced by Sen. MARTINEZ -- 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 and the public authorities law, in relation to including the incorporation of resource conserva- tion, energy efficiency, green technologies, and alternative and renewable energy measures in a project into a uniform tax exemption policy The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 4 of section 874 of the gener- 2 al municipal law, as amended by chapter 357 of the laws of 1993, is 3 amended to read as follows: 4 (a) The agency shall establish a uniform tax exemption policy, with 5 input from affected tax jurisdictions, which shall be applicable to the 6 provision of financial assistance pursuant to section eight hundred 7 fifty-nine-a of this chapter and shall provide guidelines for the claim- 8 ing of real property, mortgage recording, and sales tax exemptions. 9 Such guidelines shall include, but not be limited to: period of 10 exemption; percentage of exemption; types of projects for which 11 exemptions can be claimed; procedures for payments in lieu of taxes and 12 instances in which real property appraisals are to be performed as a 13 part of an application for tax exemption; in addition, agencies shall in 14 adopting such policy consider such issues as: the extent to which a 15 project will create or retain permanent, private sector jobs; the esti- 16 mated value of any tax exemptions to be provided; whether affected tax 17 jurisdictions shall be reimbursed by the project occupant if a project 18 does not fulfill the purposes for which an exemption was provided; the 19 impact of a proposed project on existing and proposed businesses and 20 economic development projects in the vicinity; the amount of private 21 sector investment generated or likely to be generated by the proposed 22 project; the demonstrated public support for the proposed project; the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04961-01-9S. 5609 2 1 likelihood of accomplishing the proposed project in a timely fashion; 2 the effect of the proposed project upon the environment; the extent to 3 which the project will utilize, to the fullest extent practicable and 4 economically feasible, resource conservation, energy efficiency, green 5 technologies, and alternative and renewable energy measures; the extent 6 to which the proposed project will require the provision of additional 7 services, including, but not limited to additional educational, trans- 8 portation, police, emergency medical or fire services; and the extent to 9 which the proposed project will provide additional sources of revenue 10 for municipalities and school districts. 11 § 2. Subdivision 1 of section 1963-a of the public authorities law, as 12 amended by chapter 357 of the laws of 1993, is amended to read as 13 follows: 14 1. The authority shall establish a uniform tax exemption policy, with 15 input from affected local taxing jurisdictions, which shall be applica- 16 ble to provisions of financial assistance pursuant to section nineteen 17 hundred fifty-three-a of this [chapter] title and shall provide guide- 18 lines for the claiming of real property, mortgage recording, and sales 19 tax exemptions. Such guidelines shall include, but not be limited to: 20 period of exemption; percentage of exemption; types of projects for 21 which exemptions can be claimed; procedures for payments in lieu of 22 taxes and instances in which real property appraisals are to be 23 performed as a part of an application for tax exemption; in addition, 24 the authority in adopting such policy shall consider such issues as: the 25 extent to which a project will create or retain permanent, private 26 sector jobs; the estimated value of any tax exemption to be provided; 27 whether affected tax jurisdictions should be reimbursed by the project 28 occupant if a project does not fulfill the purposes for which an 29 exemption was provided; the impact of a proposed project on existing and 30 proposed businesses and economic development projects in the vicinity; 31 the amount of private sector investment generated or likely to be gener- 32 ated by the proposed project; the demonstrated public support for the 33 proposed project; the likelihood of accomplishing the proposed project 34 in a timely fashion; the effect of the proposed project upon the envi- 35 ronment; the extent to which the project will utilize, to the fullest 36 extent practicable and economically feasible, resource conservation, 37 energy efficiency, green technologies, and alternative and renewable 38 energy measures; the extent to which the proposed project will require 39 the provision of additional services, including, but not limited to 40 additional educational, transportation, police, emergency medical or 41 fire services; and the extent to which the proposed project will provide 42 additional sources or revenue for municipalities and school districts. 43 § 3. Subdivision 1 of section 2315 of the public authorities law, as 44 amended by chapter 357 of the laws of 1993, is amended to read as 45 follows: 46 1. The authority shall establish a uniform tax exemption policy, with 47 input from affected local taxing jurisdictions, which shall be applica- 48 ble to provisions of financial assistance pursuant to section twenty- 49 three hundred seven of this [chapter] title and shall provide guidelines 50 for the claiming of real property, mortgage recording, and sales tax 51 exemptions. Such guidelines shall include, but not be limited to: period 52 of exemption; percentage of exemption; types of projects for which 53 exemptions may be claimed; procedures for payments in lieu of taxes and 54 instances in which real property appraisals are to be performed as a 55 part of an application for tax exemption; in addition, the authority in 56 adopting such policy shall consider such issues as: the extent to whichS. 5609 3 1 a project will create or retain permanent, private sector jobs; the 2 estimated value of any tax exemption to be provided; whether affected 3 tax jurisdictions should be reimbursed by the project occupant if a 4 project does not fulfill the purposes for which an exemption was 5 provided; the impact of a proposed project on existing and proposed 6 businesses and economic development projects in the vicinity; the amount 7 of private sector investment generated or likely to be generated by the 8 proposed project; the demonstrated public support for the proposed 9 project; the likelihood of accomplishing the proposed project in a time- 10 ly fashion; the effect of the proposed project upon the environment; the 11 extent to which the project will utilize, to the fullest extent practi- 12 cable and economically feasible, resource conservation, energy efficien- 13 cy, green technologies, and alternative and renewable energy measures; 14 the extent to which the proposed project will require the provision of 15 additional services, including, but not limited to additional educa- 16 tional, transportation, police, emergency medical or fire services; and 17 the [extend] extent to which the proposed project will provide addi- 18 tional sources of revenue for municipalities and school districts. 19 § 4. This act shall take effect immediately.
