N.Y. Public Authorities Law § 1963-a: Uniform tax exemption policy

§ 1963-a. Uniform tax exemption policy. 1. The authority shall

establish a uniform tax exemption policy, with input from affected local

taxing jurisdictions, which shall be applicable to provisions of

financial assistance pursuant to section nineteen hundred fifty-three-a

of this title and shall provide guidelines for the claiming of real

property, mortgage recording, and sales tax exemptions. Such guidelines

shall include, but not be limited to: period of exemption; percentage of

exemption; types of projects for which exemptions can be claimed;

procedures for payments in lieu of taxes and instances in which real

property appraisals are to be performed as a part of an application for

tax exemption; in addition, the authority in adopting such policy shall

consider such issues as: the extent to which a project will create or

retain permanent, private sector jobs; the estimated value of any tax

exemption to be provided; whether affected tax jurisdictions should be

reimbursed by the project occupant if a project does not fulfill the

purposes for which an exemption was provided; the impact of a proposed

project on existing and proposed businesses and economic development

projects in the vicinity; the amount of private sector investment

generated or likely to be generated by the proposed project; the

demonstrated public support for the proposed project; the likelihood of

accomplishing the proposed project in a timely fashion; the effect of

the proposed project upon the environment; the extent to which the

project will utilize, to the fullest extent practicable and economically

feasible, resource conservation, energy efficiency, green technologies,

and alternative and renewable energy measures; the extent to which the

project will provide onsite child care services or otherwise facilitate

new child care services; the extent to which the proposed project will

require the provision of additional services, including, but not limited

to additional educational, transportation, police, emergency medical or

fire services; and the extent to which the proposed project will provide

additional sources or revenue for municipalities and school districts.

2. The authority shall establish a procedure for deviation from the

uniform tax exemption policy required pursuant to this section. The

authority shall set forth in writing the reasons for deviation from such

policy, and shall further notify by certified mail, return receipt

requested or an electronic correspondence with a read-receipt, the

affected tax jurisdictions of the proposed deviation from such policy

and the reasons therefor. When the affected tax jurisdiction is a school

district, the authority shall notify by certified mail, return receipt

requested or an electronic correspondence with a read-receipt, the

district clerk and district superintendent of each affected school

district.