New York A 30: Requires the return of certain financial assistance provided for a project where the project has material shortfalls or material violations and preventing the use of incentives for projects already in development

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A00030 Summary:

BILL NOA00030 

&nbsp

SAME ASSAME AS S02318

&nbsp

SPONSORMagnarelli

&nbsp

COSPNSRJacobson, Steck, Otis, Jackson, Simon, McMahon, Hunter, Burdick, Shimsky, Colton, Santabarbara,
 Schiavoni, Glick

&nbsp

MLTSPNSR

&nbsp

Amd §§874, 854 & 862, Gen Muni L

&nbsp

Requires the return of all or a part of the financial assistance provided for a project where the project has material shortfalls or material violations; prevents the use of funds, financial incentives, subsidies or tax exemptions for projects already in development.

Go to top A00030 Actions:

BILL NOA00030 

&nbsp

01/08/2025referred to local governments

01/07/2026referred to local governments

Go to topA00030 Committee&nbspVotes:

Go to topA00030 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA00030 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 30

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by M. of A. MAGNARELLI, JACOBSON, STECK, OTIS, JACKSON,
 SIMON, McMAHON, HUNTER -- read once and referred to the Committee on
 Local Governments

 AN ACT to amend the general municipal law, in relation to requiring the
 return of all or a part of the financial assistance provided for a
 project where the project has material shortfalls or material
 violations and preventing the use of funds, financial incentives,
 subsidies or tax exemptions for projects already in development

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 11 of section 874 of the general municipal law,
 2 as added by chapter 563 of the laws of 2015, is amended and a new subdi-
 3 vision 13 is added to read as follows:
 4 (11) Each agency shall develop policies for the return of all or a
 5 part of the financial assistance provided for the project, including all
 6 or part of the amount of any tax exemptions, as specified in the policy,
 7 which may include but shall not be limited to material shortfalls in job
 8 creation and retention projections or material violations of the terms
 9 and conditions of project agreements. The agency shall implement such
 10 policies created in accordance with this subdivision to return all or
 11 part of the financial assistance provided for any project where the
 12 agency's annual assessment of a project shows material shortfalls in job
 13 creation and retention projections or material violations of the terms
 14 and conditions of project agreements as defined by the agency's policy.
 15 If the agency deviates from its policy on any project, the agency must
 16 draft a resolution, note the deviation in the project's page in the
 17 public authorities reporting information system (PARIS) report, and
 18 retain record of such determination including a detailed explanation in
 19 agency files. The agency shall also post such resolution and explanation
 20 on their website. All such returned amounts of tax exemptions shall be

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00326-01-5

 A. 30 2

 1 redistributed to the appropriate affected tax jurisdiction, unless
 2 agreed to otherwise by any local taxing jurisdiction.
 3 (13) Except where a significant increase in project costs is discov-
 4 ered during the development of the project or where a municipality has
 5 reassessed all or part of the project site resulting in a significant
 6 increase in property taxes, no tax exemptions shall be granted to any
 7 project if the project is already in development at the time such
 8 project applies for the issuance of the tax exemption.
 9 § 2. Section 854 of the general municipal law is amended by adding a
 10 new subdivision 22 to read as follows:
 11 (22) "In development" - shall mean a project for which active
 12 construction, and erection of building foundations or structure has
 13 already commenced and all required permits have been issued.
 14 § 3. Section 862 of the general municipal law is amended by adding a
 15 new subdivision 3 to read as follows:
 16 (3) Except where a significant increase in project costs is discovered
 17 during the development of the project or where a municipality