Amd Vil L, generally; amd §10, Chap of 2023 (as proposed in S.7537 & A.7761); amd §96, Exec L
Relates to the village incorporation commission and makes conforming technical changes; amends the effectiveness of legislative bills numbers S. 7537 and A. 7761.
STATE OF NEW YORK
________________________________________________________________________
8001
IN SENATE
January 5, 2024
___________
Introduced by Sen. STEWART-COUSINS -- read twice and ordered printed,
and when printed to be committed to the Committee on Rules
AN ACT to amend the village law and the executive law, in relation to
establishing the village incorporation commission; and to amend a
chapter of the laws of 2023 amending the village law relating to
establishing the village incorporation commission as proposed in
legislative bills numbers S. 7537 and A. 7761, in relation to the
effectiveness thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2-202 of the village law is amended by adding a new
2 subdivision 2 to read as follows:
3 2. Study attached to the petition. The study to be submitted shall be
4 a study prepared by a third-party jointly selected by the petitioner or
5 petitioners and the supervisors of the town or towns which shall be
6 confirmed in writing by the petitioner or petitioners and clerks of the
7 town or towns, or a study prepared pursuant to paragraph f of subdivi-
8 sion two of section 2-260 of this article; and provided further, that
9 the department of state shall post such study on its website within ten
10 days of receiving the study from the petitioner or petitioners. Such
11 study shall be paid for by the petitioner or petitioners except in cases
12 where an appropriation has been provided to pay for the study.
13 § 2. Paragraph c of subdivision 1 of section 2-202 of the village law
14 is amended by adding a new subparagraph 3 to read as follows:
15 (3) Study of proposed village and surrounding town or towns. A study
16 that addresses the fiscal, service, and taxation interests of the popu-
17 lation which would constitute the residents of such territory to be
18 incorporated as a village, as indicated in clause (a) of this subpara-
19 graph, and that provides for an impact assessment that shall evaluate
20 the fiscal and operational effects of incorporation of the proposed
21 village on the surrounding town or towns wherein the village would be
22 incorporated, as indicated in clause (b) of this subparagraph. The
23 study shall include a certification that it sets forth all the elements
24 required by this section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11710-14-4
S. 8001 2
1 (a) Fiscal, service, and taxation assessment of proposed village. An
2 assessment of the fiscal, service, and taxation interests of the popu-
3 lation which would constitute the residents of such territory to be
4 incorporated as a village, must include the following elements of the
5 proposed village:
6 (i) Inventory. List the number of parcels by property classification.
7 For each such property, list the full valuation and taxable assessed
8 value as appearing on the most recent applicable final assessment roll.
9 (ii) Taxes. Provide a fiscal estimate of all taxes that could be
10 collected for the structures and places listed on the inventory this
11 clause requires to be developed. The town or towns' current property tax
12 rate and assessment should be used in developing the fiscal estimate.
13 (iii) Revenue. Other than taxes, list all other sources of revenue
14 expected to be generated for the area of the proposed village.
15 (iv) Operations. Provide an estimate of what it would cost to operate
16 the proposed village listing expenditures required in connection with
17 the appointment or hiring of personnel to provide the services identi-
18 fied pursuant to item (v) of this clause, the holding of meetings of the
19 board of trustees, and designating an official newspaper.
20 (v) Services. List the municipal services currently provided within
21 the area of the proposed village and how such services are provided,
22 list all municipal services proposed to be provided upon incorporation
23 of the proposed village, and how such municipal services are expected to
24 be provided. Municipal services may include, but are not limited to:
25 police; fire; water; sewer; enforcement of any planning, zoning, and
26 land use regulations; and, enforcement of the New York state uniform
27 fire prevention and building code and energy conservation construction
28 code.
29 (b) Impact assessment and study of surrounding town or towns. An
30 impact assessment that provides an evaluation of the fiscal and opera-
31 tional effects of incorporation of the proposed village on the surround-
32 ing town or towns wherein the village would be incorporated, must
33 include the following elements:
34 (i) Revenue and expenditures. List the estimated taxes, other revenue
35 and expenditures for the area of the town or towns outside of the
36 proposed village.
37 (ii) Fiscal impact. A description of the manner and means by which the
38 residents of the area of the town or towns outside the proposed village
39 will continue to be furnished municipal services following the village's
40 incorporation, an estimation of any change in the property tax rate for
41 the area of the town or towns outside of the proposed village to contin-
42 ue such services. Provide such estimate with respect to the area of the
43 town or towns outside the proposed village services only.
44 (iii) Economic impact. Assess the potential economic impact to the
45 town or towns outside of the proposed village upon incorporation of such
46 village.
47 (iv) Land use impact. Assess the potential impact to the town or towns
48 outside of the proposed village from the loss of land use, planning and
49 zoning control within the area proposed to be incorporated.
50 (c) Submission. The study must be submitted to the commission and
51 filed in the manner provided by this subdivision.
52 § 3. Paragraph f of subdivision 1 of section 2-202 of the village law,
53 as amended by a chapter of the laws of 2023 amending the village law
54 relating to establishing the village incorporation commission as
55 proposed in legislative bills numbers S. 7537 and A. 7761, is amended to
56 read as follows:
S. 8001 3
1 f. Filing and deposit. (1) Filing. The original petition, the study
2 and all exhibits and certifications required by this section shall be
3 filed with the [village incorporation commission established pursuant to
4 section 2-259 of this article] commission. Duplicate originals, photoco-
5 pies or other similar reproductions of the original petition, the study
6 and all exhibits and certifications required by this section shall be
7 filed with the town clerk of each town in which any portion of such
8 territory is located.
9 (2) Deposit. At the time of filing of the petition there shall be
10 deposited with the department of state, on behalf of the commission, the
11 sum of six thousand dollars to pay the cost of posting, publishing and
12 serving required notices, stenographic services and services of inspec-
13 tors of election in the event incorporation is not effected.
14 § 4. Section 2-204 of the village law, as amended by a chapter of the
15 laws of 2023 amending the village law relating to establishing the
16 village incorporation commission as proposed in legislative bills
17 numbers S. 7537 and A. 7761, is amended to read as follows:
18 § 2-204 Notice of hearing. [Within twenty days after the filing of
19 such petition or copies thereof, the village incorporation commission
20 established pursuant to section 2-259 of this article shall] 1. No later
21 than three days after the filing of a petition, the study and all exhib-
22 its and certifications required by section 2-202 of this article or
23 copies thereof, the commission shall direct the town clerk of each town
24 in which any portion of such territory is located to cause to be posted
25 in [five] six public places of the portion of the territory of each town
26 where such proposed village is to be located [in the territory where
27 such village shall be incorporated] and also to be published at least
28 twice in the newspaper or newspapers designated pursuant to subdivision
29 eleven of section sixty-four of the town law, a [joint] notice issued by
30 the commission: that a petition for the incorporation of the village of
31 (naming it) has been received; that at a place in such territory and on
32 a day, not less than [twenty] one hundred nor more than [thirty] one
33 hundred twenty days after the date of the posting and first publication
34 of such notice, which date and place shall be specified therein, a hear-
35 ing will be had upon such petition; that such petition, the study and
36 all exhibits and certifications required by section 2-202 of this arti-
37 cle, will be available for public inspection in the office of each town
38 clerk and on the website of the department of state until the date of
39 such hearing; that the purpose of the hearing is to consider [the legal
40 sufficiency of the petition] whether the village incorporation petition
41 meets all requirements of this article; that objections to the [legal]
42 sufficiency of the petition must be in writing and signed by one or more
43 of the residents of such town; and that any group of persons having one
44 or more objections in common may make designation in writing and signed
45 by them of at least one but no more than three persons giving the full
46 names and addresses on whom and at which addresses all papers required
47 to be served in connection with the proceeding for incorporation shall
48 be served. Within five days of receiving direction from the commission
49 pursuant to this subdivision, the town clerk or clerks shall provide to
50 the commission a list of the six locations where such notices are to be
51 posted. Should the commission object to any such locations submitted by
52 the town clerk or clerks, the commission shall, no later than seven days
53 after receipt of such list of locations, direct the town clerk or clerks
54 to post such notices in alternative locations designated by the commis-
55 sion. The postings of such notices shall be made by the town clerk or
56 clerks no later than twenty days after the filing of such petition, the
S. 8001 4
1 study and all exhibits and certifications required by section 2-202 of
2 this article or copies thereof. A majority of such designees must reside
3 in such town or towns. In the absence of any other suitable place, such
4 hearing shall be held in a school building, if any, located in such
5 territory. If such territory is located in more than one town [the hear-
6 ing shall be noticed and publicized as a joint hearing of all such
7 towns] that fact shall be included in the notice of hearing. For the
8 purposes of this section, in the event that the town maintains a
9 website, one of the posting requirements required by this section may be
10 fulfilled by posting such information on the town's website.
11 2. The department of state shall post the study on the department of
12 state's website beginning at such time as required by section 2-202 of
13 this article at least until the procedures pursuant to section 2-234 or
14 2-236 of this article are satisfied, whichever occurs sooner.
15 § 5. Section 2-206 of the village law, as amended by a chapter of the
16 laws of 2023 amending the village law relating to establishing the
17 village incorporation commission as proposed in legislative bills
18 numbers S. 7537 and A. 7761, is amended to read as follows:
19 § 2-206 Proceeding on hearing. 1. The [village incorporation] commis-
20 sion [established pursuant to section 2-259 of this article] shall meet
21 at the time and place specified in such notice and shall hear objections
22 which may be presented as to the incorporation based upon any of the
23 following grounds:
24 a. That a person signing such petition was not qualified therefor;
25 b. If it is alleged that the petition is submitted on the basis that
26 the persons signing such petition constitute twenty per cent of the
27 residents in such territory qualified to vote for officers of a town in
28 which all or part of such territory is located, that such allegation is
29 false;
30 c. That such territory is part of a city or village;
31 d. That if such territory is less than an entire town, it contains
32 more than five square miles and the limits of such territory are not
33 coterminous with the entire boundaries of one school, fire, fire
34 protection, fire alarm, town special or town improvement district and
35 the limits of such territory are not coterminous with parts of the boun-
36 daries of more than one school, fire, fire protection, fire alarm, town
37 special or town improvement district, all of which are wholly contained
38 within such limits and within one town;
39 e. That such territory does not contain a population of at least [two]
40 one thousand five hundred regular inhabitants;
41 f. That the petition in any other specified respect does not conform
42 to the requirements of this article; [or]
43 g. That a study [has not been conducted on the fiscal, service, and
44 taxation interests of the population which would constitute the resi-
45 dents of such village or the population which constitutes the residents
46 of such town in which such village would be established; or
47 h. That the establishment of such village is not in the fiscal,
48 service, and taxation interests of the population which would constitute
49 the residents of such village or the population which constitutes the
50 residents of such town in which such village would be established.] as
51 required by section 2-202 of this article has not been submitted and
52 made available to the public for public review for at least ninety days
53 before the hearing required by this article;
54 h. That the proposed village is incapable of providing services;
55 i. That the tax revenue collected by such proposed village would not
56 sufficiently defray the cost of municipal services at a property tax
S. 8001 5
1 rate that favorably compares to the property tax rate of the town or
2 towns; or
3 j. That the incorporation would increase tax burdens on those located
4 in the town or towns within which such proposed village would be estab-
5 lished.
6 2. The commission shall conduct the hearing.
7 3. All objections must be in writing and signed by one or more resi-
8 dents qualified to vote for town offices a town in which all or part of
9 such territory of the proposed village is located. Testimony as to
10 objections may be taken at the hearing which shall be reduced to writing
11 and subscribed by those testifying. [The burden of proof shall be on the
12 objectors.] All written objections and signed testimony shall clearly
13 state the name and address of the objector.
14 4. The hearing may be adjourned but must be concluded within twenty
15 days from the date fixed in the notice of hearing.
16 5. The town clerk and any other official or employee of each town in
17 which any portion of such territory is located shall assist the commis-
18 sion in verifying the validity of the petition in connection with any
19 objection raised pursuant to paragraph a or b of subdivision one of this
20 section.
21 § 6. Section 2-208 of the village law, as amended by a chapter of the
22 laws of 2023 amending the village law relating to establishing the
23 village incorporation commission as proposed in legislative bills
24 numbers S. 7537 and A. 7761, is amended to read as follows:
25 § 2-208 Decision [as] to commence village [establishment] incorpo-
26 ration election. 1. Within ten days after such hearing is concluded the
27 [village incorporation] commission [established pursuant to section
28 2-259 of this article] shall determine whether the petition complies
29 with the requirements of this article and shall make and sign a decision
30 as to whether a village incorporation shall proceed to election [pursu-
31 ant to the criteria established in section 2-259 of this article]. The
32 commission's decision shall be based on an evidentiary record consisting
33 of the incorporation petition, the study and all exhibits and certif-
34 ications required by section 2-202 of this article, and any objections
35 made pursuant to section 2-206 of this article. If the members of the
36 commission cannot agree, the decision shall be deemed to be adverse to
37 the petition. If the decision be adverse to the petition, the decision
38 shall contain a brief statement of the reasons on which the adverse
39 decision is based or the reasons on which the members of the commission
40 determined not to proceed to a village incorporation election.
41 2. The original copy of the decision, copies of the notice of the
42 hearing together with affidavits of posting and publishing same, the
43 written objections and the minutes of proceedings taken on the hearing
44 including signed testimony shall be filed by the commission within
45 fifteen days after the hearing is concluded, with the town clerk of the
46 same town in which the original copy of the petition was filed and the
47 secretary of the state. Duplicate copies of the said papers shall be
48 filed with the town clerks of all [other] towns in which any part of
49 such territory is located.
50 3. If no proceeding be instituted to review such decision within thir-
51 ty days after such filing of the original copy thereof, the decision
52 shall be final and conclusive. In the event that the decision is adverse
53 to the petition, a new proceeding for incorporation may be commenced
54 immediately.
55 § 7. Subdivisions 1 and 5 and paragraph a of subdivision 4 of section
56 2-210 of the village law, subdivision 1 as amended by a chapter of the
S. 8001 6
1 laws of 2023 amending the village law relating to establishing the
2 village incorporation commission as proposed in legislative bills
3 numbers S. 7537 and A. 7761, are amended to read as follows:
4 1. The decision of the [village incorporation] commission [established
5 pursuant to section 2-259 of this article] as to the petition and wheth-
6 er a village incorporation shall proceed to election shall be subject to
7 judicial review in [the manner provided in] accordance with article
8 seventy-eight of the civil practice law and rules. [Such proceeding may
9 be brought on the ground or grounds that said decision is illegal, based
10 on insufficient evidence, or contrary to the weight of evidence. If the
11 court determines that additional testimony or evidence is necessary for
12 the proper disposition of the matter it may take such evidence or testi-
13 mony or appoint a referee to take such evidence or testimony as it may
14 direct and report the same to the court with his findings of fact and
15 conclusions of law which shall constitute a part of the proceeding upon
16 which the determination of the court shall be made. The court may
17 reverse or affirm on the basis of law and fact as determined by the
18 court.]
19 a. Notice of such a proceeding in accordance with article seventy-
20 eight of the civil practice law and rules shall be given to the secre-
21 tary and the town clerk of each town in which any part of such territory
22 is located[. He], each of whom shall cause same to be filed in [his]
23 their office.
24 5. The successful party to any such proceeding shall file a certified
25 copy of the decision and order in the office of the clerk of each town
26 in which any part of such territory is located and with the secretary of
27 state who shall give notice of the receipt of the decision and order to
28 the commission within three days.
29 § 8. Section 2-212 of the village law is amended to read as follows:
30 § 2-212 Right to election. 1. An election to determine the question of
31 incorporation shall be held no later than [forty] one hundred eighty
32 days and no earlier than ninety days after the first occurring of either
33 of the following two events:
34 a. The expiration of thirty days from the filing of the original of a
35 decision [sustaining the legal sufficiency of the petition] by the
36 commission to proceed to a village incorporation election pursuant to
37 section 2-208 of this article and no proceeding having been instituted
38 to review same, or
39 b. The filing of a final order [sustaining the petition] affirming the
40 decision of the commission to proceed to a village incorporation
41 election pursuant to section 2-208 of this article or reversing the
42 decision of the commission not to proceed to a village incorporation
43 election pursuant to section 2-208 of this article after such a proceed-
44 ing to review.
45 [c.] 2. The procedure for conducting said election shall be pursuant
46 to the election law.
47 § 9. Section 2-214 of the village law, as amended by section 26 of
48 part X of chapter 62 of the laws of 2003, is amended to read as follows:
49 § 2-214 Notice of election. [Within ten days after the right to an
50 election is complete] No later than three days after the right to an
51 election is complete, the commission shall direct the town clerk of each
52 town in which any portion of such territory is located [shall cause to
53 be posted] to post in [five] six public places in that part of such
54 territory located in such town and also to be published at least twice
55 in the newspaper or newspapers designated pursuant to subdivision eleven
56 of section sixty-four of the town law, a joint notice by the clerks of
S. 8001 7
1 all such towns that at a convenient place in such territory, between the
2 hours of twelve o'clock noon and nine o'clock in the evening and on a
3 day not less than twenty nor more than thirty days after the date of the
4 posting and first publication, which date and place shall be specified
5 therein, an election will be held to determine whether the proposed
6 village of (naming it) shall be incorporated. No later than five days
7 after receiving direction from the commission, the town clerk or clerks
8 shall provide to the commission a list of the six locations where such
9 notices are to be posted. Should the commission object to any such
10 locations submitted by the town clerk or clerks, the commission shall,
11 no later than seven business days after receipt of such list of
12 locations, direct the town clerk or clerks to post such notices in
13 alternative locations designated by the commission. In such instance,
14 the postings of such notices shall be made by the town clerk or clerks
15 no later than twenty days after the right to an election is complete.
16 Such election shall not be held on a day of a town election or of a
17 general election in a town in which any part of such territory is
18 located. For the purposes of this section, in the event that the town
19 maintains a website, one of the posting requirements required by this
20 section may be fulfilled by posting such information on the town's
21 website. Such posting shall also be made on the secretary of state's
22 website.
23 § 10. Subdivisions 1 and 3 of section 2-218 of the village law, subdi-
24 vision 3 as amended by section 27 of part X of chapter 62 of the laws of
25 2003, are amended to read as follows:
26 1. Preparation. It shall be the duty of the clerk of each town in
27 which a portion of such territory is located to make and file in [his]
28 their office, at least [ten] twenty days before such election an accu-
29 rate list of voters, alphabetically arranged, who are qualified to vote
30 at such election. Such list shall be copied from the registration poll
31 records for the last preceding general election, and shall be modified
32 in accordance with whatever information the town clerk may have or
33 receive from the board of elections.
34 3. Notice of availability of list for inspection and additions. Within
35 ten days after the right to an election is complete the town clerk of
36 each town in which any portion of such territory is located shall cause
37 to be posted in [five] six public places in that part of such territory
38 located in such town and also to be published at least twice in the
39 newspaper or newspapers designated pursuant to subdivision eleven of
40 section sixty-four of the town law, a notice: that a registration list
41 of voters qualified to vote at such election will be available for
42 inspection in [his] their office between the hours of twelve o'clock
43 noon and nine o'clock in the evening on a day specified therein which
44 day shall not be on a Sunday and shall be at least three days prior to
45 such election; that at said time and place said list will be available
46 for inspection by the public; and also that at said time and place
47 persons claiming to be qualified to vote at such election whose names
48 are not on such list may, upon presentation of proper proofs, have their
49 names added thereto. Prior to posting, the town clerk or clerks shall
50 provide to the commission a list of the six locations where such notices
51 are to be posted. Should the commission object to any such locations
52 submitted by the town clerk or clerks, the commission shall, no later
53 than seven days after receipt of such list of locations, direct the town
54 clerk or clerks to post such notices in alternative locations designated
55 by the commission. The postings of such notices shall be made by the
56 town clerk or clerks no later than twenty days after the right to an
S. 8001 8
1 election is complete. For the purposes of this section, in the event
2 that the town maintains a website, one of the posting requirements
3 required by this subdivision may be fulfilled by posting such informa-
4 tion on the town's website.
5 § 11. Subdivision 4 of section 2-220 of the village law is amended to
6 read as follows:
7 4. Powers and duties of inspectors. The inspectors shall execute the
8 constitutional oath of office and file same in the office of the town
9 clerk wherein was filed [the original] a copy of the petition. They
10 shall supervise and conduct such election and in connection therewith
11 shall possess all the powers conferred by law upon a board of inspectors
12 of election at a town election, so far as the same are applicable.
13 § 12. Section 2-236 of the village law, as amended by a chapter of the
14 laws of 2023 amending the village law relating to establishing the
15 village incorporation commission as proposed in legislative bills
16 numbers S. 7537 and A. 7761, is amended to read as follows:
17 § 2-236 Payment of expenses incurred in proceedings for incorporation
18 if village not incorporated. If the incorporation of the proposed
19 village be not effected by the proceedings authorized in this article,
20 the expenses incurred by the towns in which any part of such territory
21 is located for payment of cost of posting, publishing and serving
22 required notices, stenographic services and services of inspectors of
23 election shall be paid from the fund deposited with the [village incor-
24 poration commission established pursuant to section 2-259 of this arti-
25 cle] department of state, on behalf of the commission. If such fund so
26 deposited is not sufficient to pay all of such expenses, the costs in
27 excess of such fund shall be a general town charge. Any unexpended
28 balance of such fund shall become a part of the general fund of the
29 town.
30 § 13. The first paragraph d of subdivision 5 of section 2-254 of the
31 village law is relettered paragraph b.
32 § 14. Section 2-259 of the village law, as added by a chapter of the
33 laws of 2023 amending the village law relating to establishing the
34 village incorporation commission as proposed in legislative bills
35 numbers S. 7537 and A. 7761, is renumbered 2-260 and amended to read as
36 follows:
37 § 2-260 Village incorporation commission and general administration.
38 1. a. There is hereby established within the department of state a
39 village incorporation commission. The commission shall consist of three
40 members appointed as follows:
41 (1) one member appointed by the secretary of state;
42 (2) one member appointed by the comptroller; and
43 (3) one member appointed by the attorney general.
44 b. Each member of the commission shall serve a term of four years.
45 The members shall be eligible for reappointment and shall serve until
46 their successors are appointed and qualified, and the term of the
47 successor of any incumbent shall be calculated from the expiration of
48 the term of that incumbent. A vacancy occurring other than by expiration
49 of term shall be filled in the same manner as the original appointment,
50 but for the unexpired term only.
51 c. A majority of the members of the commission shall constitute a
52 quorum for the purpose of conducting the business thereof and a majority
53 vote of all the members in office shall be necessary for action.
54 d. The member appointed by the secretary of state shall be chairperson
55 of the commission, provided that in the absence of the secretary of
56 state's appointee at any meeting of the board the appointee of the
S. 8001 9
1 attorney general or the comptroller, in such order, if either or both be
2 present, shall act as chairperson.
3 e. No member of the commission shall be disqualified from holding any
4 other public office, nor shall employment be forfeited by reason of the
5 member's appointment hereunder, notwithstanding the provisions of any
6 general, special or local law, ordinance, county or city charter.
7 2. The commission shall have powers and duties as provided in this
8 subdivision. A petitioner may seek relief from the commission under
9 paragraph f of this subdivision in the event that the petitioner or
10 petitioners and town or towns are unable to jointly select a third-party
11 to prepare the study required by section 2-202 of this article within
12 thirty-days of the filing of such a request with the town clerk:
13 a. To accept petitions filed pursuant to this article;
14 b. To hold hearings as required by this article;
15 c. To accept and deposit with the state comptroller all such monies
16 required to be paid by those seeking to incorporate a village pursuant
17 to this article; [and]
18 d. To evaluate petitions filed pursuant to this article [and] to
19 ensure all components required by section 2-202 of this article have
20 been included;
21 e. To make decisions with regard to whether a village incorporation
22 election shall proceed based upon the commission's judgment of the
23 criteria established in sections 2-200 and 2-206 of this article and any
24 other requirements established in this article.
25 f. To select a third-party designee from a list submitted by the peti-
26 tioner or petitioners and town or towns to prepare the study required to
27 be attached to the petition pursuant to section 2-202 of this article;
28 g. To direct the town clerk or clerks to post notices of hearing in
29 alternative locations pursuant to section 2-204 of this article;
30 h. To direct the town clerk or clerks to post notices of election in
31 alternative locations pursuant to section 2-214 of this article; and
32 i. To direct the town clerk or clerks to post notices of availability
33 of list for inspection and additions pursuant to section 2-218 of this
34 article.
35 3. Prior to issuing its decision with regard to whether a village
36 incorporation election shall proceed, and upon receiving a complete
37 petition seeking village incorporation, the commission shall [complete
38 two studies after receiving a petition for village incorporation, which
39 shall take the following form:
40 a. The first study shall consist of a feasibility assessment, which
41 shall examine the proposed village's ability to provide services to its
42 population in an efficient manner. The feasibility study shall also
43 evaluate the proposed village's fiscal capacity to provide these
44 services; and
45 b. The second study shall consist of an impact assessment that shall
46 evaluate the fiscal and operational effects of incorporation on the
47 surrounding town and the rest of the local area. These impacts shall
48 include fiscal, service, political, environmental, and land use impacts.
49 c. In addition to the studies required pursuant to each petition for
50 village incorporation, the village incorporation commission shall also
51 produce a report on its recommendations with regard to the village
52 incorporation process pursuant to this article. Such report shall
53 provide the commission's analysis and recommendations on the following:
54 (i) The number of petitions required for a village incorporation peti-
55 tion;
56 (ii) The population required to incorporate a village;
S. 8001 10
1 (iii) Whether the signatures of the residents of such territory quali-
2 fied to vote for town officers in the unincorporated part of such town
3 that is not part of such territory where such village would be incorpo-
4 rated nor part of another village should be required in order to
5 commence a proceeding for the incorporation of such territory as a
6 village;
7 (iv) Whether the residents of such territory qualified to vote for
8 town officers in the unincorporated part of such town that is not part
9 of such territory where such village would be incorporated nor part of
10 another village would be entitled to vote in village incorporation
11 elections;
12 (v) Whether population density should be considered in the village
13 incorporation process;
14 (vi) Whether the requirements of this article are adequate to protect
15 the fiscal, service, and taxation interests of the residents of the
16 proposed village and those residents of the surrounding areas; and
17 (vii) Any other information and recommendations the village incorpo-
18 ration commission deems relevant.
19 d. The report required pursuant to paragraph c of this subdivision
20 shall be published on the public facing portion of the department of
21 state's website, and the secretary of state or his or her designee shall
22 transmit the commission's findings and recommendations to the speaker of
23 the assembly, the temporary president of the senate, and the governor on
24 or before two years from the effective date of this section.
25 4. The studies required pursuant to this section shall be paid by
26 funds appropriated pursuant to section two hundred thirty-nine-bb of the
27 general municipal law.
28 5. The commission's] review the study attached to such petition, as
29 required by section 2-202 of this article, to determine whether such
30 study conforms to the requirements of section 2-202 of this article.
31 4. Commission review. The commission shall determine whether:
32 a. the petitioner has submitted a study pursuant to section 2-202 of
33 this article having all the elements required by this article and that
34 such study was provided for public review on the department of state's
35 website for at least ninety days before any public hearing on the peti-
36 tion;
37 b. the proposed village is capable of providing services to the area
38 proposed to be incorporated;
39 c. the tax revenue collected by such proposed village would suffi-
40 ciently defray the cost of municipal services at a property tax rate
41 that favorably compares to the property tax rate of the town or towns;
42 and
43 d. the incorporation would increase tax burdens on those located with-
44 in the town or towns within which such proposed village would be estab-
45 lished.
46 5. A village incorporation election shall not proceed if the commis-
47 sion determines based on the evidentiary record that the petition or the
48 study or other exhibits or certifications with the petition does not
49 meet the requirements of this article or that the proposed village would
50 not satisfy the criteria of paragraph b, c, or d of subdivision four of
51 this section.
52 6. A notice of the commission's decision with regard to whether a
53 village incorporation shall proceed to election shall be by majority
54 vote, and the [commission] department of state shall post a notice of
55 [its] the commission's decision on the public-facing portion of the
56 department of state's website. No village incorporation election shall
S. 8001 11
1 proceed in the event the commission rules adversely to such incorpo-
2 ration, except pursuant to the provisions of section 2-210 of this arti-
3 cle.
4 [6. No village incorporation election shall proceed until January
5 first, two thousand twenty-four.]
6 § 15. Section 96 of the executive law is amended by adding a new
7 subdivision 17 to read as follows:
8 17. For receipt of a village incorporation petition pursuant to
9 section 2-202 of the village law, two hundred fifty dollars.
10 § 16. Subdivisions 1 and 2 of section 2-200 of the village law, subdi-
11 vision 1 as amended by a chapter of the laws of 2023 amending the
12 village law relating to establishing the village incorporation commis-
13 sion as proposed in legislative bills numbers S. 7537 and A. 7761 and
14 subdivision 2 as amended by chapter 932 of the laws of 1974, are amended
15 to read as follows:
16 1. A territory containing a population of at least [two] one thousand
17 five hundred persons who are regular inhabitants thereof, as hereinafter
18 defined, may be incorporated as a village under this chapter provided
19 such territory does not include a part of a city or village and further
20 provided the limits of such territory:
21 a. do not contain more than five square miles; or
22 b. are coterminous with the entire boundaries of a school, fire, fire
23 protection, fire alarm, town special or town improvement district; or
24 c. are coterminous with parts of the boundaries of more than one
25 school, fire, fire protection, fire alarm, town special or town improve-
26 ment district, all of which are wholly contained within such limits and
27 within one town; or
28 d. are coterminous with the entire boundaries of a town.
29 2. [The words "regular] Definitions. a. "Regular inhabitants" as used
30 herein and for the purpose of this article shall include all persons
31 residing in the territory proposed to be incorporated except such
32 persons who themselves, or who are persons under the age of eighteen
33 years residing with persons who, maintain a residence outside such
34 territory which is used as their address for purposes of voting.
35 b. "Commission" as used herein and for the purposes of this article
36 shall mean the village incorporation commission, as established by
37 section 2-260 of this article.
38 c. "Secretary" as used herein and for the purposes of this article
39 shall mean the secretary of state.
40 § 17. Section 10 of a chapter of the laws of 2023 amending the village
41 law relating to establishing the village incorporation commission as
42 proposed in legislative bills numbers S. 7537 and A. 7761, is amended to
43 read as follows:
44 § 10. This act shall take effect on January 1, 2024; provided [howev-
45 er, that section three-a of this act shall take effect immediately and
46 shall expire and be deemed repealed on the same date and in the same
47 manner as section three of this act takes effect; and provided further,
48 that for village incorporation petitions that have collected signatures
49 prior to the effective date of this act, nothing in this act shall deem
50 such petition signatures invalid; and provided further, that the
51 provisions of this act shall apply to all existing village incorporation
52 petitions that have collected signatures prior to January 1, 2024,
53 except as hereinafter provided; and provided further, that for village
54 incorporation petitions that have collected signatures prior to January
55 1, 2024, the commission review process established pursuant to section
56 2-259 of the village law, as added by section seven of this act, shall
S. 8001 12
1 not apply, and such village incorporation petitions shall continue to be
2 subject to the supervisor approval process; and provided further, that
3 for village incorporation petitions that have collected signatures prior
4 to January 1, 2024, paragraph h of subdivision 1 of section 2-206 of the
5 village law as added by section three of this act shall not apply] that
6 any village incorporation petitions associated by having at least one
7 common petition signature witness on either of the two petitions that
8 were initially filed on a date in February 2017 and May 2019 respective-
9 ly in a town with a population of more than ninety thousand as of the
10 latest federal decennial census located in a county with a population of
11 more than nine hundred thousand as of the latest federal decennial
12 census: (a) shall not be subject to this act and shall continue to be
13 subject to the provisions of article 2 of the village law in effect as
14 of June 1, 2023, so long as such village incorporation processes are
15 concluded prior to January 1, 2040; and (b) if such petitions are
16 denied, any subsequent village incorporation petitions associated with
17 such petitions shall also continue to be subject to the provisions of
18 article 2 of the village law in effect as of June 1, 2023, so long as
19 such incorporation processes associated with such petitions are complete
20 prior to January 1, 2040. Provided further, that for any village incor-
21 poration petitions that were initially filed on a date in February 2017
22 and May 2019 respectively in a town with a population of more than nine-
23 ty thousand as of the latest federal decennial census located in a coun-
24 ty with a population of more than nine hundred thousand as of the latest
25 federal decennial census, a study on the fiscal, service, and taxation
26 interests of the population which would constitute the residents of such
27 village and the population which constitutes the residents of such town
28 in which such village would be established shall be prepared for such
29 proposed village incorporation, conducted by the Center for Government
30 Research or other qualified institution and such study shall be posted
31 on the public-facing portion of the department of state website for
32 ninety days prior to the commencement of any referendum for the approval
33 of such a village pursuant to article 2 of the village law, and provided
34 that where any subsequent village incorporation petitions associated
35 with such petitions shall be filed, then the requirements of this
36 section shall be deemed satisfied by the re-publication of such study,
37 and further provided, however, that (i) such state-funded study shall be
38 submitted for posting on the public-facing portion of the department of
39 state website by no later than April 1, 2024; (ii) such study shall be
40 posted on the department of state website no later than thirty days
41 after it is submitted for posting; and (iii) the adequacy of any such
42 state-funded Center for Government Research, or other qualified institu-
43 tion conducted study shall not be a basis for objecting to the village
44 incorporation petition or the scheduling of any such referendum for
45 approval of such village; provided further, the provisions of this act
46 shall not apply to petitions where there is a joint notice of election
47 specifying a date and time of the election and signed by the town clerks
48 of each affected town pursuant to section 2-214 of the village law,
49 dated December 22, 2023 or earlier.
50 § 18. Severability. If any clause, sentence, paragraph, section or
51 part of this act or application thereof to any municipality, person or
52 circumstances shall be adjudged by any court of competent jurisdiction
53 to be invalid or unconstitutional, such judgment shall not affect,
54 impair or invalidate the application of the remainder thereof to any
55 municipalities, persons and circumstances, but shall be confined in its
56 operation to the clause, sentence, paragraph, section or part thereof
S. 8001 13
1 directly involved in the controversy in which such judgment shall have
2 been rendered, and the legislature hereby declares that it would have
3 enacted this article without the invalid provision or application, as
4 the case may be, had such invalidity been apparent.
5 § 19. This act shall take effect immediately; provided, however
6 sections one through sixteen of this act shall take effect on the same
7 date and in the same manner as a chapter of the laws of 2023 amending
8 the village law relating to establishing the village incorporation
9 commission as proposed in legislative bills numbers S. 7537 and A. 7761,
10 takes effect.
