What's happening
This bill prohibits the creation of new industrial development agencies in Erie County and limits tax exemptions to projects approved by the Erie County Industrial Development Agency.
Why it matters
Centralizes economic development incentives. under the Erie County Industrial Development Agency (ECIDA), reducing the ability of individual towns or villages to independently grant tax breaks or form new agencies, which could lead to more coordinated and consistent development policy across the county.
Limits local tax exemptions. (including sales tax, real property tax, and mortgage recording tax) for development projects, making them available only if the ECIDA is involved or explicitly approves them, which may prevent competition between municipalities for projects through excessive tax incentives.
Preserves some local input. by allowing town or village agencies to grant certain tax exemptions—but only with the consent of the ECIDA or relevant local bodies—ensuring that local governments retain a voice, but not sole authority, in granting tax breaks.
May impact future business attraction and local autonomy. , as towns can no longer unilaterally approve new industrial development agencies or offer their own tax incentives, potentially streamlining development but also reducing flexibility for smaller municipalities to address local economic needs.
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Limit New Erie Development Agencies
Plain English, a few words. Used as the page title.
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History
- Referred to local governments
- Referred to local governments
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Limit New Development Agencies
In Senate Committee · Local Government · Sponsor Timothy M. Kennedy
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7072
2017-2018 Regular Sessions
IN ASSEMBLY
April 4, 2017
Introduced by M. of A. RYAN -- read once and referred to the Committee on Local Governments
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 Assembly, do enact as follows:
Section 1. Section 891-a of the general municipal law is amended by adding a new subdivision 3 to read as follows:
3. (a) Notwithstanding the provisions of section eight hundred fiftysix of this article or any other law, rule or regulation to the contrary, no new industrial development agency may be formed within Erie county.
(b) Notwithstanding the provisions of section eight hundred seventyfour of this article or any other law, rule or regulation to the contrary, within Erie county, only projects that are undertaken by the Erie County Industrial Development Agency:
(1) May be exempt from the four percent sales and compensating use tax imposed for the benefit of New York state by article twenty-eight of the tax law;
(2) May be exempt from the three percent, additional one percent and the additional three-quarters of one percent sales and compensating use tax imposed by section twelve hundred ten of the tax law;
(3) May be exempt from real property taxes imposed by the county of Erie, provided however, county real property tax relief may be granted by a town industrial development agency for projects located within such town, if the Erie County Industrial Development Agency consents on a project by project basis by resolution at a regular or special meeting to such real property tax exemption;
(4) May be exempt from real property taxes imposed by a village, provided however, village real property tax relief may be granted on a 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.
LBD00827-01-7
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projects located within a village which is part of such town, if such village consents by a resolution duly adopted at a regular or special meeting of such village board to such real property tax exemption;
(5) May be exempt from real property taxes imposed by a school district, provided however, school district real property tax relief may be granted on a project by project basis by a town industrial development agency for projects located within a school district which is part of such town, if such school district consents by a resolution duly adopted at a regular or special meeting of the board of such school district to such real property tax exemption; and
(6) May be exempt from the mortgage recording tax imposed by article eleven of the tax law.
(c) Notwithstanding any law, rule or regulation to the contrary, town industrial development agencies within Erie county are authorized to enter into cooperative agreements with the Erie County Industrial Development Agency whereby the rights, obligations, duties, and assets of such town industrial development agency are transferred in whole or in part to the Erie County Industrial Development Agency so long any pledge that may have been provided by the state, such municipality, or such town industrial development agency pursuant to the provisions of section eight hundred sixty-eight of this article is not adversely affected. Insofar as the provisions of this paragraph are inconsistent with any of the provisions of section eight hundred ninety-eight-a, nine hundred one-a, nine hundred fourteen-a (as added by chapter five hundred seventy-nine of the laws of nineteen hundred seventy-three), nine hundred twenty-five-t or nine hundred twenty-five-v of this title, the provisions of this paragraph shall be controlling.
§ 2. Section 898-a of the general municipal law, as added by chapter 995 of the laws of 1972, is amended to read as follows:
§ 898-a. Town of Lancaster industrial development agency. For the benefit of the town of Lancaster in the county of Erie, and the inhabitants thereof, an industrial development agency, to be known as the TOWN OF LANCASTER INDUSTRIAL DEVELOPMENT AGENCY, is hereby established for the accomplishment of any or all of the purposes specified in title one of this article [eighteen-A of this chapter]. It shall constitute a body corporate and politic, and be perpetual in duration. It shall have the powers and duties now or hereafter conferred by title one of this article [eighteen-A of this chapter] upon industrial development agencies and provided that the exercise of the powers by such agency with respect to the acquisition of real property whether by purchase, condemnation or otherwise, shall be limited to the corporate limits of the Town of Lancaster, and such agency shall take into consideration the local zoning and planning regulations as well as the regional and local comprehensive land use plans. It shall be organized in a manner prescribed by and be subject to the provisions of title one of this article [eighteen-A of this chapter]. Its members shall be appointed by the governing body of the Town of Lancaster. The agency, its members, officers and employees and its operations and activities shall in all respects be governed by the provisions of title one of this article [eighteen-A of this chapter]. Insofar as any of the provisions of this section are inconsistent with the provisions of subdivision three of section eight hundred ninety-one-a of this title, the provisions of such subdivision shall be controlling.
§ 3. Section 901-a of the general municipal law, as added by chapter 364 of the laws of 1973, is amended to read as follows:
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§ 901-a. Town of Clarence, Erie county, industrial development agency. For the benefit of the town of Clarence, Erie county, and the inhabitants thereof, an industrial development agency, to be known as the TOWN OF CLARENCE, ERIE COUNTY, INDUSTRIAL DEVELOPMENT AGENCY, is hereby established for the accomplishment of any or all of the purposes specified in title one of this article [eighteen-A of this chapter]. It shall constitute a body corporate and politic, and be perpetual in duration. It shall have the powers and duties now or hereafter conferred by title one of this article [eighteen-A of this chapter] upon industrial development agencies and provided that the exercise of the powers by such agency with respect to the acquisition of real property whether by purchase, condemnation or otherwise, shall be limited to the corporate limits of the town of Clarence, and such agency shall take into consideration the local zoning and planning regulations as well as the regional and local comprehensive land use plans. It shall be organized in a manner prescribed by and be subject to the provisions of title one of this article [eighteen-A of this chapter]. Its members shall be appointed by the governing body of the town of Clarence. The agency, its members, officers and employees and its operations and activities shall in all respects be governed by the provisions of title one of this article [eighteen-A of this chapter]. Insofar as any of the provisions of this section are inconsistent with the provisions of subdivision three of section eight hundred ninety-one-a of this title, the provisions of such subdivision shall be controlling.
§ 4. Section 914-a of the general municipal law, as added by chapter 579 of the laws of 1973, is amended to read as follows:
§ 914-a. Town of Amherst industrial development agency. For the benefit of the town of Amherst in the county of Erie, and the inhabitants thereof, an industrial development agency, to be known as the TOWN OF AMHERST INDUSTRIAL DEVELOPMENT AGENCY, is hereby established for the accomplishment of any or all of the purposes specified in title one of this article [eighteen-A of this chapter]. It shall constitute a body corporate and politic, and be perpetual in duration. It shall have the power and duties now or hereafter conferred by title one of this article [eighteen-A of this chapter] upon industrial development agencies and provided that the exercise of the powers by such agency with respect to the acquisition of real property whether by purchase, condemnation or otherwise, shall be limited to the corporate limits of the town of Amherst, and such agency shall take into consideration the local zoning and planning regulations as well as the regional and local comprehensive land use plans. It shall be organized in a manner prescribed by and be subject to the provisions of title one of this article [eighteen-A of this chapter]. Its members shall be appointed by the governing body of the town of Amherst. The agency, its members, officers and employees and its operations and activities shall in all respects be governed by the provisions of title one of this article [eighteen-A of this chapter]. Insofar as any of the provisions of this section are inconsistent with the provisions of subdivision three of section eight hundred ninety-one-a of this title, the provisions of such subdivision shall be controlling.
§ 5. Section 925-t of the general municipal law is amended by adding a new subdivision 3 to read as follows:
3. Insofar as any of the provisions of this section are inconsistent with the provisions of subdivision three of section eight hundred ninety-one-a of this title, the provisions of such subdivision shall be controlling.
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§ 6. Section 925-v of the general municipal law is amended by adding a new subdivision 3 to read as follows:
3. Insofar as any of the provisions of this section are inconsistent with the provisions of subdivision three of section eight hundred ninety-one-a of this title, the provisions of such subdivision shall be controlling.
§ 7. This act shall take effect immediately; provided, however, it shall not apply to any project approved by a town industrial development agency prior to the effective date of this act.
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