§ 912*2 — Orange county industrial development agency

* § 912. Orange county industrial development agency. 1. For the\nbenefit of the county of Orange and the inhabitants thereof, an\nindustrial development agency, to be known as the ORANGE COUNTY\nINDUSTRIAL DEVELOPMENT AGENCY, is hereby established for the\naccomplishment of any or all of the purposes specified in title one of\nthis article. It shall constitute a body corporate and politic, and be\nperpetual in duration. It shall have the powers and duties now or\nhereafter conferred by title one of this article upon industrial\ndevelopment agencies. It shall be organized in a manner prescribed by\nand be subject to the provisions of title one of this article. Its\nmembers shall be appointed by the governing body of the county of\nOrange. The agency, its members, officers and employees and its\noperations and activities shall in all respects be governed by the\nprovisions of title one of this article.\n ** 2. For purposes of this section, "financial assistance" shall mean\nany financial assistance offered by the Orange county industrial\ndevelopment agency for any project, including but not limited to, a\npayment in lieu of taxes agreement, an agreement to waive sales tax, or\nan agreement to waive mortgage recording taxes.\n ** NB Repealed May 3, 2026\n ** 3. (a) In accordance with the powers of the office of the state\ninspector general established by subdivision eight of section fifty-four\nof the executive law, the state inspector general shall appoint an\nindependent monitor to carry out the provisions of this section\nincluding but not limited to providing guidance and technical assistance\nrelated to the policies, practices, programs and decisions of the Orange\ncounty industrial development agency, including but not limited to\ndecisions, actions and policies related to contracts and financial\nassistance agreements. The state inspector general shall appoint such\nmonitor within ninety days of the effective date of this subdivision or\nas soon thereafter as is practicable. After such appointment, the\ninspector general may only remove the monitor for violations of law.\n (b) The reasonable and necessary expenses incurred by the monitor\nwhile performing his or her official duties shall be paid by the\nindustrial development agency. Notwithstanding any other provision of\nlaw, while acting within the scope of his or her authority, the monitor\nshall not be subject to any liability resulting from carrying out any of\nthe powers expressly given in this section, and the monitor shall be\nentitled to defense and indemnification by the industrial development\nagency.\n (c) The monitor shall be entitled to attend all meetings of the\nindustrial development agency, including executive sessions; provided\nhowever, such monitor shall not be considered for purposes of\nestablishing a quorum of the board, provided further that the monitor\nmay be excused from executive sessions when proposed, pending or current\nlitigation involving the monitor or the office of the state inspector\ngeneral are being discussed. The industrial development agency shall\ncooperate with any monitor with access, within forty-eight hours of such\nrequest from the monitor, to any necessary documents and records of the\nindustrial development agency including but not limited to databases and\nplanning documents, financial assistance agreements, and contracts\nconsistent with all applicable state and federal statutes. The monitor\nshall provide a copy of such request for any document or record to the\nindustrial development agency board.\n (d) The board shall provide the monitor with copies of any meeting\nagendas and all resolutions and motions on such agenda for each board\nmeeting no later than seventy-two hours prior to such board meeting. If\na proposed resolution or motion is for the purpose of approving a\ncontract or any financial assistance for a project, the board clerk\nshall provide the monitor with copies of the proposed contract or\nfinancial assistance language at least seven days prior to such meeting.\n (e) In the event the monitor is not provided with copies of proposed\nresolutions or motions seventy-two hours prior to a board meeting or in\nthe case of a proposed motion or resolution for the purpose of approving\na contract or financial assistance, seven days prior to the next board\nmeeting, the monitor may, at their discretion, remove an item including\nboard resolutions or motions, from consideration by the board at such\nmeeting. Upon failure of the board to provide proposed resolutions or\nmotions as required by this section, the monitor shall provide notice of\nfailure to the board. An item removed from consideration by the monitor\nmay not be reconsidered by the board until the next board meeting.\n (f) The monitor shall have the power to review any modification to the\nindustrial development agency's uniform tax exemption policy required by\nsection eight hundred seventy-four of this article, contract or\nfinancial assistance proposed for consideration by the industrial\ndevelopment agency proposed by the board on or after the effective date\nof this subdivision; provided however, that all such proposed\nmodifications to the industrial development agency's uniform tax\nexemption policy required by section eight hundred seventy-four of this\narticle, contracts or agreements shall be provided by the industrial\ndevelopment agency board to the monitor at least seven days prior to\nadoption.\n (i) At least seventy-two hours prior to adoption by the board, the\nmonitor shall advise the board or employees of the industrial\ndevelopment agency, in writing, of the existence of violations of the\nindustrial development agency's uniform tax exemption policy required by\nsection eight hundred seventy-four of this article, actual or potential\nconflicts of interest, or violations of law arising from a proposed\ncontract or financial assistance agreement that the industrial\ndevelopment agency shall consider before entering into any such contract\nor agreement.\n (ii) The board shall document for its own records the existence and\nresolution of any actual or potential conflict of interest or other\nviolation identified by the monitor.\n (iii) No such contract or agreement may be approved or entered into by\nthe industrial development agency unless such actual or potential\nconflict of interest or violation has been resolved to the satisfaction\nof the monitor.\n (iv) At least seventy-two hours prior to adoption by the board, the\nmonitor shall advise the board or employees, in writing, of its\ndisapproval of any changes to the industrial development agency's\nuniform tax exemption policy; provided additionally, that within thirty\ndays after their appointment, the monitor shall advise such board or\nemployees, in writing, of its disapproval of any changes to the\nindustrial development agency's uniform tax exemption policy made by the\nboard that were made on or after the effective date of this subdivision\nuntil such monitor's appointment. Any such change to the uniform tax\nexemption policy disapproved by the monitor shall not be effective, and\nmay not be reconsidered by the board for at least ten days or until the\nnext board meeting; provided, however, that any change to the uniform\ntax exemption policy that was made by the board on or after the\neffective date of this subdivision until such monitor's appointment that\nis disapproved by the monitor shall not affect the validity of any prior\nagreement entered into prior to the monitor's appointment.\n (v) At least seventy-two hours prior to adoption by the board, the\nmonitor shall advise the board or employees, in writing, of its\ndisapproval of any proposed contract or agreement with a project\napplying for financial assistance that would permit a deviation from the\nindustrial development agency's uniform tax exemption policy required by\nsection eight hundred seventy-four of this article. Any such proposed\ncontract or financial assistance agreement that would permit a deviation\nfrom such policy shall not be effective, and may not be reconsidered by\nthe board for at least ten days or until the next board meeting.\n (vi) The monitor shall have seventy-two hours after any contract or\nfinancial assistance is approved to review such financial assistance or\ncontract, and if a violation of policy related to the industrial\ndevelopment agency's uniform tax exemption policy required by section\neight hundred seventy-four of this article, a conflict of interest, or a\nviolation of law is identified during such time period, the monitor\nshall notify the industrial development agency in writing. Any such\ncontract or financial assistance so identified by the monitor shall not\nbe legally binding or effective, and may not be reconsidered by the\nboard for at least ten days or until the next board meeting.\n (g) The board, in consultation with the monitor, shall adopt a\nconflict of interest policy, or revise an existing conflict of interest\npolicy, that complies with all existing applicable laws, rules and\nregulations, including article eighteen of this chapter. The conflict of\ninterest policy shall include, but not be limited to:\n (i) a definition of the circumstances that constitute a conflict of\ninterest;\n (ii) procedures for identifying, disclosing and resolving a conflict\nof interest to the board;\n (iii) a requirement that the person with the conflict of interest not\nbe present at or participate in board deliberations or votes on the\nmatter giving rise to such conflict, provided that nothing in this\nparagraph shall prohibit the board from requesting that the person with\nthe conflict of interest present information as background or answer\nquestions at a board meeting prior to the commencement of deliberations\nor voting thereto;\n (iv) a prohibition against any attempt by the person with the conflict\nto influence improperly the deliberation or voting on the matter giving\nrise to such conflict;\n (v) compliance with all applicable state laws and regulations; and\n (vi) a requirement that the existence and resolution of the conflict\nbe documented in the board's records, including in the minutes of any\nmeeting at which the conflict was discussed or voted upon.\n (h) The monitor may advise the board and any industrial development\nagency officers, employees or agents to undergo any training as deemed\nnecessary.\n ** NB Repealed May 3, 2026\n ** 4. The monitor shall undertake an enhanced review of the budget\ndecisions and financial assistance agreements of the industrial\ndevelopment agency.\n (a) The board shall annually submit the industrial development\nagency's proposed budget for the next succeeding fiscal year to the\nmonitor no later than forty-five days prior to its adoption. The monitor\nshall review the budget to ensure that it, to the greatest extent\npossible, is consistent with purposes and necessary activities of the\nOrange county industrial development agency, and that it does not\nsubstantially conflict with the long term economic interests of Orange\ncounty and its constituents.\n (b) The board shall provide quarterly reports to the monitor and\nannual reports to the state inspector general on the operational status\nof the industrial development agency. In addition, the monitor shall\nprovide semi-annual reports to the state inspector general, the\ngovernor, the temporary president of the senate, and the speaker of the\nassembly on the fiscal and operational status of the industrial\ndevelopment agency. Such semi-annual report shall include a summary of\nall the contracts that the board entered into throughout the year. All\nreports shall be subject to review by the comptroller.\n (c) The monitor shall advise the board in the development and revision\nof the industrial development agency's goals, implementation of its\npriorities and budgetary recommendations.\n (d) The monitor may recommend, and the board may consider by vote of a\nresolution at the next scheduled meeting of the board, cost saving\nmeasures including, but not limited to, shared service agreements.\n ** NB Repealed May 3, 2026\n ** 5. Nothing in this section shall be construed to abrogate the\nduties and responsibilities of the board consistent with applicable\nstate law and regulations.\n ** NB Repealed May 3, 2026\n * NB Agency expires per §§ 856 and 882\n * NB There are 2 § 912's\n