hundred feet of the boundary of the property upon which the project is proposed; and a tax map or other map showing the site of the proposed project relative to the location of farm operations identified in the agricultural data statement. 5. Notice to county, regional, or metropolitan planning agency. The clerk of the town board, planning board, or zoning board of appeals shall refer all applications requiring an agricultural data statement to the county, regional, or metropolitan planning agency as required by sections two hundred thirty-nine-m and two hundred thirty-nine-n of the general municipal law. § 6. The village law is amended by adding a new section 7-741 to read as follows: § 7-741 Coordination with agricultural districts program. 1. Policy of local governments. Local governments shall exercise their powers to enact local laws, ordinances, rules or regulations that apply to farm operations in an agricultural district in a manner which does not unreasonably restrict or regulate farm structures or farming practices in contravention of the purposes of article twenty-five-AA of the agriculture and markets law, unless such restrictions or regulations bear a direct relationship to the maintenance of public health or safety. 2. of Agricultural data statement; submission, evaluation. Any application for a special use permit, site plan approval, use variance, or subdivision approval requiring municipal review and approval by the village board of trustees, planning board, or zoning board of appeals pursuant to this article, that would occur on property within an agricultural district containing a farm operation or on property with boundaries within five hundred feet of a farm operation located in an agricultural district, shall include an agricultural data statement. The village board of trustees, planning board, or zoning board of appeals shall evaluate and consider the agricultural data statement in its review the possible impacts of the proposed project upon the functioning of farm operations within such agricultural district. The information required by an agricultural data statement may be included as part of any other application form required by local law, ordinance or regulation. Agricultural data statement; notice provision. Upon the receipt of such application by the planning board, zoning board of appeals, or village board of trustees, the clerk of such board shall mail written notice of such application to the owners of land as identified by the applicant in the agricultural data statement. Such notice shall include a description of the proposed project and its location, and may be sent in conjunction with any other notice required by state or local law, ordinance, rule or regulation for the said project. The cost of mailing said notice shall be borne by the applicant. 3. 4. Agricultural data statement; content. An agricultural data statement shall include the following information: the name and address of the applicant; a description of the proposed project and its location; the name and address of any owner of land within the agricultural district, which land contains farm operations and is located within five hundred feet of the boundary of the property upon which the project is proposed; and a tax map or other map showing the site of the proposed project relative to the location of farm operations identified in the agricultural data statement. 5. Notice to county, regional, or metropolitan planning agency. The clerk of the village board of trustees, planning board, or zoning board of appeals shall refer all applications requiring an agricultural data statement to the county, regional, or metropolitan planning agency required by sections two hundred thirty-nine-m and two hundred thirtynine-n of the general municipal law. as § 7. The second undesignated paragraph of subdivision 1 of section 239-m of the general municipal law, as amended by chapter 413 of the laws of 1991, is amended to read as follows: The matters covered by this section, unless excepted by an agreement approved by the governing bodies of the municipal agency and the county or metropolitan or regional planning agency that such matter is of a local rather than an inter-community or county-wide concern, shall include: (a) any municipal zoning regulation, or any amendment thereof, which would change the district classification of or the regulations applying to real property lying within a distance of five hundred feet EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law from the boundary of any city, village, or town, or from the boundary of any existing or proposed county or state park or other recreation area, or from the right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway, or from the existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines, or from the existing or proposed boundary of any county or state owned land on which a public building or institution is situated; [and] (b) any special permit, site plan, or variance affecting such real property within such distance of five hundred feet; and (c) any special use permit, site plan, or use variance applying to real property lying within a distance five hundred feet from the boundary of a farm operation within an agricultural district, as defined by article twenty-five-AA of the agriculture and markets law. The term "proposed" shall be deemed to include only those recreation areas, parkways, thruways, expressways, roads or highways which are shown on a county plan adopted pursuant to subdivision two of section two hundred thirty-nine-d of this article or adopted on an official map pursuant to section two hundred thirty-nine-g of this article. of § 8. The second undesignated paragraph of section 239-n of the general municipal law, as amended by chapter 413 of the laws of 1991, is amended to read as follows: way, The plats covered by this section, unless excepted by an agreement approved by the governing bodies of the municipal agency and the county planning agency that such plat is of a local rather than an intercommunity or county-wide concern, shall include plats of real property lying within a distance of five hundred feet from the boundary of any city, village, or town, or from the boundary of any existing or proposed county or state park or other recreation area, or from the right-of-way of any existing or proposed county or state parkway, thruway, expressroad or highway, or from the existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines, or from the existing or proposed boundary of any county or state owned land on which a public building or institution is situated, and shall include plats of real property lying within a distance of five hundred feet from the boundary of a farm operation within an agricultural district, as defined by article twentyfive-AA of the agriculture and markets law. The term "proposed" shall be deemed to include only those recreation areas, parkways, thruways, expressways, roads or highways which are shown on a county plan adopted pursuant to subdivision two of section two hundred thirty-nine-d of this article or adopted on an official map pursuant to section two hundred thirty-nine-g of this article. § 9. This act shall take effect July 1, 1993. CHAPTER 535 (See FISCAL NOTE at end of Chapter.) AN ACT to permit Kathleen Kirsch to file for retroactive membership in the New York state and local employees' retirement system Became a law July 24, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: a Section 1. Notwithstanding any contrary provision of law, Kathleen Kirsch, an employee of the New York state department of health and member of the New York state and local employees' retirement system, who was employed on July 1, 1976, by the department of health, and whose application for membership in such system for reasons not ascribable to her own negligence, was not filed until August 4, 1976, may be deemed to have become a member of the New York state and local employees' retirement system on July 1, 1976, if on or before December 31, 1992, she shall file with the state comptroller a written request to that effect. Any costs incurred for any past service credit state of New York. § 2. This act shall take effect immediately. shall be paid by the FISCAL NOTE. This bill would grant Tier 2 status to Kathleen Kirsch, an employee of the State of New York Department of Health, by changing her date of membership in the New York State and Local Employees' Retirement System to July 1, 1976. If this bill is enacted, we anticipate that there will be an increase of approximately $1,100 in the annual contributions of the State of New York for the fiscal year ending March 31, 1993. Further, as a percentage of pay, the increase in annual employer contributions payable for this benefit will eventually approach 4.3% of Kathleen Kirsch's annual salary. In addition to the annual contributions discussed above, there will be an immediate past service cost of approximately $1,100 in the annual contributions of the State of New York for the fiscal year ending March 31, 1993. Further, as a percentage of pay, the increase in annual employer contributions payable for this benefit will eventually approach 4.3% of Kathleen Kirsch's annual salary. In addition to the annual contributions discussed above, there will be an immediate past service cost of approximately $13,000 which would be borne by the State of New York as a one-time payment. This estimate, dated February 19, 1992 and intended for use only during the 1992 Legislative Session, is Fiscal Note No. 92-154 prepared by the Actuary for the New York State and Local Employees' Retirement System. CHAPTER 536 (See FISCAL NOTE at end of Chapter.) AN ACT to authorize certain employees of the Eldred central school district to file for and receive retroactive membership in the New York state and local employees' retirement system Became a law July 24, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Notwithstanding any provision of law to the contrary, Theresa Burckard, Dolores Arnott, Nancy Walter, Joyce Whalen, Deborah Fuller, Carol Timan, Debra Biccum, Alice Schadt, Ruth Smith, Dieter Halfmann and Mary Worden, employees of the Eldred central school district in the county of Sullivan, an employer which participates in the New York state and local employees' retirement system, who are all currently members of the New York state and local employees' retirement system and who, for reasons not ascribable to their own negligence, did not become members of the New York state and local employees' retirement system on the dates they were first eligible to join such system, may be deemed to have become members of the New York state and local employees' retirement system on the dates provided for in section two of this act if, on or before December 31, 1992, any such person files a written request to that effect with the state comptroller together with a resolution of the board of education of the Eldred central school district certifying the date when any such employee was eligible to become a member of the New York state and local employees' retirement system and that such school district will make contributions of the employer costs because of the operation of this act to the appropriate funds of the New York state and local employees' retirement system. All other additional costs incurred as a result of the provisions of this act shall be borne by the member being granted retroactive membership. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law § 2. Subject to the provisions of section one of this act, the following persons shall be deemed to have become members of the New York state and local employees' retirement system on the following dates: 3. This act shall take effect immediately. FISCAL NOTE. -This bill would allow certain employees of the Eldred Central School District to file for and receive retroactive membership in the New York State and Local Employees' Retirement System. This would likely increase the members' death benefit temporarily and would require most of the members to pay mandatory contributions which would otherwise have been optional. If this bill is enacted, for the eleven (11) members known to be affected, there will be an immediate past service cost of approximately $5,400 which will be borne by the Eldred Central School District as a one-time payment. In addition, almost all affected members would be required to pay mandatory contributions based on their salary earned with such school district prior to their current date of membership. This estimate, dated March 2, 1992 and intended for use only during the 1992 Legislative Session, is Fiscal Note No. 92-188 prepared by the Actuary for the New York State and Local Employees' Retirement System. CHAPTER 537 of AN ACT to amend the real property tax law, in relation to equalization Became a law July 24, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section 842 of the real property tax law, as amended by chapter 776 of the laws of 1988, is amended to read as follows: § 842. Computation of county equalization rates. The state board shall compute county equalization rates for each county to which this title is applicable by furnishing the final state equalization rates which are established pursuant to article twelve of this chapter for each city and town in the county for the final assessment roll to be completed and filed during the current year or, if such rates are not then available for each city and town in the county, by adjusting the final state equalization rate established pursuant to article twelve of this chapter for each city and town in the county for the final assessment roll required to be completed and filed during the prior calendar year by the appropriate "change in level of assessment, if any, as that term is defined in section twelve hundred twenty of this chapter. On or before the fifteenth day of November, or such other date as may be prescribed by law for the determination of county equalization rates, the state board shall certify the county equalization rates to the clerk of the legislative body of each county to which this title is applicable. Within five days of the receipt of such rates, the clerk of the legislative body shall provide to each city and town a written notice of the county equalization rates computed by the state board. 3 1 § 2. The real property tax law is amended by adding a new section 845 to read as follows: § 845. Apportionment of taxes in certain counties. 1. Notwithstanding the provisions of section eight hundred forty-four of this title, any County to which this title is applicable where a majority of the cities and towns have completed a revaluation or update, as defined by subdivisions twelve-a and twenty-two of section one hundred two of this chapter, may provide by annual resolution, adopted on or before September first, that county taxes to be levied for the ensuing fiscal year shall be apportioned to each city or town in accordance with the provisions of this section. A copy of such resolution shall be filed with the state board within five days after its adoption. 2. Upon receipt of the annual resolution adopted pursuant to subdivision one of this section, the state board shall determine whether the county shall be certified. Certification shall be based upon a determination by the board that a revaluation has been completed at the same uniform percentage of value, by a majority of the cities and towns within the county in the same year, and that the results of the revaluation have been entered on the assessment rolls of such cities or towns, each of which have the same valuation date which is more current than the full value standard of the county equalization rates computed by the state board pursuant to section eight hundred forty-two of this title. (a) Where it is determined that the criteria for certification are satisfied, the state board shall notify the county of such determination no later than fifteen days prior to the last day provided by law for the determination of county equalization rates. The state board shall identify to the county the cities and towns deemed to have completed a revaluation in the same year and which continue to use the same uniform percentage of value. (b) Where it is determined that the criteria for certification are not satisfied, the state board shall notify the county of such determination no later than fifteen days prior to the last day provided by law for the determination of county equalization rates. Thereafter, county taxes shall be apportioned as provided by section eight hundred forty-four of this title. 3. A certified county shall apportion its tax levy as follows: (a) The county shall determine the amount of county tax to be raised from each city and town in the county in accordance with the provisions of section eight hundred forty-four of this title. (b) For the cities and towns which the state board has identified as provided by paragraph (a) of subdivision two of this section, the amount of county tax to be raised in aggregate from such cities and towns in the county is the sum of the amounts determined for each such city and town in accordance with paragraph (a) of this subdivision. This aggregate amount of county tax shall be apportioned to each such city and town in proportion to the assessed valuation of real property actually subject to taxation for county purposes in each such city or town. § 3. Subdivision 1 of section 1314 of the real property tax law, as amended by chapter 280 of the laws of 1985, is amended to read as follows: 1. (a) When a school district is located in more than one city or town, the school authorities thereof may upon their own motion, and shall upon the timely written request of three or more persons liable to pay taxes upon real property therein, secure from the latest final completed assessment rolls of each such city and town, a statement of the assessed valuation of each parcel of real property subject to taxation for school purposes in such school district and shall deliver such statement to the district superintendent having jurisdiction. Such district superintendent shall immediately secure from the state board, a statement of the state equalization rate established by such board for each such city and town in which such school district is situated and shall determine the full valuation of the real property of each part of city or town included in such school district by dividing the [total] taxable assessed valuation of such real property in such part of a city or town by the state equalization rate established for such city or town. For purposes of this section "taxable assessed valuation" means the assessed value actually subject to taxation for school purposes except that it also includes the amount of assessed value partially exempt from taxation for school purposes pursuant to sections four hundred EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law a |