2023 New York Laws › GMU - General Municipal › Article 18-A - Industrial Development › Title 2 - Municipal Industrial Development Agencies › 912*2 - Orange County Industrial Development Agency.

* §  912.  Orange  county  industrial  development  agency. 1. For the
benefit of  the  county  of  Orange  and  the  inhabitants  thereof,  an
industrial  development  agency,  to  be  known  as  the  ORANGE  COUNTY
INDUSTRIAL  DEVELOPMENT  AGENCY,   is   hereby   established   for   the
accomplishment  of  any or all of the purposes specified in title one of
this article. 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  upon  industrial
development  agencies.  It  shall be organized in a manner prescribed by
and be subject to the provisions of  title  one  of  this  article.  Its
members  shall  be  appointed  by  the  governing  body of the county of
Orange.  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.
** 2. For purposes of this section, "financial assistance" shall  mean
any  financial  assistance  offered  by  the  Orange  county  industrial
development agency for any project, including  but  not  limited  to,  a
payment  in lieu of taxes agreement, an agreement to waive sales tax, or
an agreement to waive mortgage recording taxes.
** NB Repealed May 3, 2026
** 3. (a) In accordance with the powers of the  office  of  the  state
inspector general established by subdivision eight of section fifty-four
of  the  executive  law,  the  state  inspector general shall appoint an
independent  monitor  to  carry  out  the  provisions  of  this  section
including but not limited to providing guidance and technical assistance
related to the policies, practices, programs and decisions of the Orange
county  industrial  development  agency,  including  but  not limited to
decisions, actions and  policies  related  to  contracts  and  financial
assistance  agreements.  The  state inspector general shall appoint such
monitor within ninety days of the effective date of this subdivision  or
as  soon  thereafter  as  is  practicable.  After  such appointment, the
inspector general may only remove the monitor for violations of law.
(b) The reasonable and necessary  expenses  incurred  by  the  monitor
while  performing  his  or  her  official  duties  shall  be paid by the
industrial development agency. Notwithstanding any  other  provision  of
law,  while acting within the scope of his or her authority, the monitor
shall not be subject to any liability resulting from carrying out any of
the powers expressly given in this section, and  the  monitor  shall  be
entitled  to  defense  and indemnification by the industrial development
agency.
(c) The monitor shall be  entitled  to  attend  all  meetings  of  the
industrial  development  agency,  including executive sessions; provided
however,  such  monitor  shall  not  be  considered  for   purposes   of
establishing  a  quorum  of the board, provided further that the monitor
may be excused from executive sessions when proposed, pending or current
litigation involving the monitor or the office of  the  state  inspector
general  are  being  discussed.  The industrial development agency shall
cooperate with any monitor with access, within forty-eight hours of such
request from the monitor, to any necessary documents and records of  the
industrial development agency including but not limited to databases and
planning  documents,  financial  assistance  agreements,  and  contracts
consistent with all applicable state and federal statutes.  The  monitor
shall  provide  a copy of such request for any document or record to the
industrial development agency board.
(d) The board shall provide the monitor with  copies  of  any  meeting
agendas  and  all  resolutions and motions on such agenda for each board
meeting no later than seventy-two hours prior to such board meeting.  If
a  proposed  resolution  or  motion  is  for  the purpose of approving a

contract or any financial assistance for  a  project,  the  board  clerk
shall  provide  the  monitor  with  copies  of  the proposed contract or
financial assistance language at least seven days prior to such meeting.
(e)  In  the event the monitor is not provided with copies of proposed
resolutions or motions seventy-two hours prior to a board meeting or  in
the case of a proposed motion or resolution for the purpose of approving
a  contract  or financial assistance, seven days prior to the next board
meeting, the monitor may, at their discretion, remove an item  including
board  resolutions  or  motions, from consideration by the board at such
meeting. Upon failure of the board to provide  proposed  resolutions  or
motions as required by this section, the monitor shall provide notice of
failure  to the board. An item removed from consideration by the monitor
may not be reconsidered by the board until the next board meeting.
(f) The monitor shall have the power to review any modification to the
industrial development agency's uniform tax exemption policy required by
section  eight  hundred  seventy-four  of  this  article,  contract   or
financial  assistance  proposed  for  consideration  by  the  industrial
development agency proposed by the board on or after the effective  date
of   this   subdivision;   provided  however,  that  all  such  proposed
modifications  to  the  industrial  development  agency's  uniform   tax
exemption  policy required by section eight hundred seventy-four of this
article, contracts or agreements shall be  provided  by  the  industrial
development  agency  board  to  the monitor at least seven days prior to
adoption.
(i) At least seventy-two hours prior to adoption  by  the  board,  the
monitor   shall   advise  the  board  or  employees  of  the  industrial
development agency, in writing, of the existence of  violations  of  the
industrial development agency's uniform tax exemption policy required by
section  eight hundred seventy-four of this article, actual or potential
conflicts of interest, or violations of  law  arising  from  a  proposed
contract   or   financial   assistance  agreement  that  the  industrial
development agency shall consider before entering into any such contract
or agreement.
(ii) The board shall document for its own records  the  existence  and
resolution  of  any  actual  or  potential conflict of interest or other
violation identified by the monitor.
(iii) No such contract or agreement may be approved or entered into by
the industrial  development  agency  unless  such  actual  or  potential
conflict  of interest or violation has been resolved to the satisfaction
of the monitor.
(iv) At least seventy-two hours prior to adoption by  the  board,  the
monitor  shall  advise  the  board  or  employees,  in  writing,  of its
disapproval of  any  changes  to  the  industrial  development  agency's
uniform  tax exemption policy; provided additionally, that within thirty
days after their appointment, the monitor shall  advise  such  board  or
employees,  in  writing,  of  its  disapproval  of  any  changes  to the
industrial development agency's uniform tax exemption policy made by the
board that were made on or after the effective date of this  subdivision
until  such  monitor's  appointment.  Any such change to the uniform tax
exemption policy disapproved by the monitor shall not be effective,  and
may  not be reconsidered by the board for at least ten days or until the
next board meeting; provided, however, that any change  to  the  uniform
tax  exemption  policy  that  was  made  by  the  board  on or after the
effective date of this subdivision until such monitor's appointment that
is disapproved by the monitor shall not affect the validity of any prior
agreement entered into prior to the monitor's appointment.
(v) At least seventy-two hours prior to adoption  by  the  board,  the
monitor  shall  advise  the  board  or  employees,  in  writing,  of its

disapproval of  any  proposed  contract  or  agreement  with  a  project
applying for financial assistance that would permit a deviation from the
industrial development agency's uniform tax exemption policy required by
section  eight  hundred  seventy-four of this article. Any such proposed
contract or financial assistance agreement that would permit a deviation
from such policy shall not be effective, and may not be reconsidered  by
the board for at least ten days or until the next board meeting.
(vi)  The  monitor  shall have seventy-two hours after any contract or
financial assistance is approved to review such financial assistance  or
contract,  and  if  a  violation  of  policy  related  to the industrial
development agency's uniform tax exemption policy  required  by  section
eight hundred seventy-four of this article, a conflict of interest, or a
violation  of  law  is  identified  during such time period, the monitor
shall notify the industrial development  agency  in  writing.  Any  such
contract  or financial assistance so identified by the monitor shall not
be legally binding or effective, and may  not  be  reconsidered  by  the
board for at least ten days or until the next board meeting.
(g)  The  board,  in  consultation  with  the  monitor,  shall adopt a
conflict of interest policy, or revise an existing conflict of  interest
policy,  that  complies  with  all  existing  applicable laws, rules and
regulations, including article eighteen of this chapter. The conflict of
interest policy shall include, but not be limited to:
(i) a definition of the circumstances that constitute  a  conflict  of
interest;
(ii)  procedures  for identifying, disclosing and resolving a conflict
of interest to the board;
(iii) a requirement that the person with the conflict of interest  not
be  present  at  or  participate  in board deliberations or votes on the
matter giving rise to such  conflict,  provided  that  nothing  in  this
paragraph  shall prohibit the board from requesting that the person with
the conflict of interest present information  as  background  or  answer
questions  at a board meeting prior to the commencement of deliberations
or voting thereto;
(iv) a prohibition against any attempt by the person with the conflict
to influence improperly the deliberation or voting on the matter  giving
rise to such conflict;
(v) compliance with all applicable state laws and regulations; and
(vi)  a  requirement that the existence and resolution of the conflict
be documented in the board's records, including in the  minutes  of  any
meeting at which the conflict was discussed or voted upon.
(h)  The  monitor  may advise the board and any industrial development
agency officers, employees or agents to undergo any training  as  deemed
necessary.
** NB Repealed May 3, 2026
** 4.  The  monitor  shall  undertake an enhanced review of the budget
decisions  and  financial  assistance  agreements  of   the   industrial
development agency.
(a)  The  board  shall  annually  submit  the  industrial  development
agency's proposed budget for the next  succeeding  fiscal  year  to  the
monitor no later than forty-five days prior to its adoption. The monitor
shall  review  the  budget  to  ensure  that  it, to the greatest extent
possible, is consistent with purposes and necessary  activities  of  the
Orange  county  industrial  development  agency,  and  that  it does not
substantially conflict with the long term economic interests  of  Orange
county and its constituents.
(b)  The  board  shall  provide  quarterly  reports to the monitor and
annual reports to the state inspector general on the operational  status
of  the  industrial  development  agency. In addition, the monitor shall

provide  semi-annual  reports  to  the  state  inspector  general,   the
governor,  the temporary president of the senate, and the speaker of the
assembly  on  the  fiscal  and  operational  status  of  the  industrial
development  agency.  Such semi-annual report shall include a summary of
all the contracts that the board entered into throughout the  year.  All
reports shall be subject to review by the comptroller.
(c) The monitor shall advise the board in the development and revision
of  the  industrial  development  agency's  goals, implementation of its
priorities and budgetary recommendations.
(d) The monitor may recommend, and the board may consider by vote of a
resolution at the next scheduled  meeting  of  the  board,  cost  saving
measures including, but not limited to, shared service agreements.
** NB Repealed May 3, 2026
** 5.  Nothing  in  this  section  shall  be construed to abrogate the
duties and responsibilities of  the  board  consistent  with  applicable
state law and regulations.
** NB Repealed May 3, 2026
* NB Agency expires per §§ 856 and 882
* NB There are 2 § 912's