Bill Text: NY A08384 | 2019-2020 | General Assembly | Introduced
Bill Title: Establishes the Lake Ontario assessment increase exemption.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-08 - referred to real property taxation [A08384 Detail]
Download: New_York-2019-A08384-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8384 2019-2020 Regular Sessions IN ASSEMBLY June 15, 2019 ___________ Introduced by M. of A. BARCLAY -- read once and referred to the Commit- tee on Real Property Taxation AN ACT to amend the real property tax law, in relation to establishing the Lake Ontario assessment increase exemption The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The real property tax law is amended by adding a new 2 section 485-v to read as follows: 3 § 485-v. Lake Ontario assessment increase exemption. 1. Residential 4 real property that has undergone preventative maintenance with erosion 5 protection structures to ensure property will be protected from flood 6 damage or erosion in the event of rising water levels or necessary main- 7 tenance of bank stabilization due to damage sustained by flooding or 8 erosion may be exempt from an assessment increase from such maintenance 9 as provided in this section in a participating municipality within an 10 eligible county. 11 2. (a) (i) Such real property shall be exempt for a period of eleven 12 years to the extent of one hundred per centum of the increase in 13 assessed value thereof attributable to such maintenance and for an addi- 14 tional period of nine years provided, however, that the extent of such 15 exemption shall be decreased by ten per centum each year during such 16 additional period of nine years and such exemption shall be computed 17 with respect to the exemption base. The exemption base shall be the 18 increase in assessed value as determined in the initial year of such 19 twenty year period following the filing of an original application. 20 (ii) The following table shall illustrate the computation of the 21 exemption pursuant to this section: 22 Year of exemption Percentage of exemption 23 1 100 24 2 100 25 3 100 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13326-01-9A. 8384 2 1 4 100 2 5 100 3 6 100 4 7 100 5 8 100 6 9 100 7 10 100 8 11 100 9 12 90 10 13 80 11 14 70 12 15 60 13 16 50 14 17 40 15 18 30 16 19 20 17 20 10 18 (b) No such exemption shall be granted unless: 19 (i) such construction was commenced on or after the enactment of this 20 section; 21 (ii) the residential real property is situate in a participating muni- 22 cipality within an eligible county; 23 (iii) the cost of such construction exceeds the sum of ten thousand 24 dollars or such greater amount as may be specified by local law; and 25 (iv) such construction is completed as may be evidenced by appropriate 26 documentation as provided by the owner. 27 (c) For purposes of this section the term construction shall not 28 include ordinary maintenance and repairs. 29 3. Such exemption shall be granted only upon application by the owner 30 of such real property on a form prescribed by the commissioner. Such 31 application shall be filed with the assessor of a participating munici- 32 pality on or before the appropriate taxable status date of such munici- 33 pality and within one year from the date of completion of such 34 construction. The owner shall attach any and all reports prepared by, 35 but not limited to the cost of installation of erosion protection struc- 36 tures or bank stabilization and shall be accompanied by any other 37 supporting documentation. 38 4. If the assessor is satisfied that the applicant is entitled to an 39 exemption pursuant to this section, he or she shall approve the applica- 40 tion and such real property shall thereafter be exempt from taxation and 41 special ad valorem levies by a participating municipality as provided in 42 this section commencing with the assessment roll prepared after the 43 taxable status date referred to in subdivision three of this section. 44 The assessed value of any exemption granted pursuant to this section 45 shall be entered by the assessor on the assessment roll with the taxable 46 property, with the amount of the exemption shown in a separate column. 47 5. A participating municipality may, by local law, reduce the per 48 centum of exemption otherwise allowed pursuant to this section; 49 provided, however, that a project in course of construction and 50 exemptions existing prior in time to passage of any such local law shall 51 not be subject to any such reduction so effected. Such municipality upon 52 reduction of the per centum of exemption pursuant to this subdivision 53 may thereafter, by local law, increase the per centum of exemption up to 54 any per centum not exceeding the maximum allowed by subdivision two of 55 this section, provided, however, that any such local law shall apply 56 only to construction commenced subsequent to the effective date of suchA. 8384 3 1 local law. A copy of all such local laws shall be filed with the commis- 2 sioner and the assessor of the municipality. 3 6. A participating municipality may, by local law, establish a date 4 for the commencement of effectiveness of exemption offered pursuant to 5 this section and may provide that the provisions of this section shall 6 apply only to construction having a greater value than that specified by 7 subdivision two of this section. 8 7. For the purposes of this section, the following terms shall have 9 the following meanings: 10 (a) "Eligible county" shall mean a county included in the governor's 11 executive order one hundred sixty-five of two thousand seventeen, 12 declaring a state of emergency, dated May third, two thousand seventeen. 13 (b) "Eligible municipality" shall mean a municipal corporation, as 14 defined by subdivision ten of section one hundred two of this chapter, 15 which is either: (i) an eligible county; or (ii) a city, town, village, 16 special district, or school district that is wholly or partly contained 17 within an eligible county. 18 (c) "Participating municipality" shall mean an eligible municipality 19 that has passed a local law, ordinance, or resolution pursuant to subdi- 20 vision five of this section. 21 (d) "Flooding" shall mean the lake shore and inland flooding and 22 accelerated erosion that occurred as a result of heavy rainfall and the 23 rising water level of Lake Ontario and any connected inland waterways or 24 estuaries within an eligible county. 25 (e) "Maintenance" shall mean the repair, rehabilitation, or replace- 26 ment of any previously authorized, currently serviceable structure or 27 fill, or of any currently serviceable structure or fill authorized by 28 the department of environmental conservation, provided that the struc- 29 ture or fill is not to be put to uses differing from those uses speci- 30 fied or contemplated for it in the original permit or the most recently 31 authorized modification. 32 (f) "Bank stabilization" shall mean activities necessary for erosion 33 control or prevention, such as vegetative stabilization, bioengineering, 34 sills, rip rap, revetment, gabion baskets, stream barbs, and bulkheads, 35 or combinations of bank stabilization techniques, provided the activity 36 is approved by the department of environmental conservation. 37 (g) "Erosion protection structures" shall mean a structure specif- 38 ically designed to reduce or prevent erosion, such as a groin, jetty, 39 seawall, revetment, bulkhead, breakwater, or artificial beach nourish- 40 ment project as defined in 6 NYCRR 505.2. 41 (h) "Erosion" shall mean the loss or displacement of land along the 42 coastline due to the action of waves, currents, tides, wind-driven 43 water, waterborne ice, or other impact of storms. It also means the loss 44 or displacement of land due to the action of wind, runoff of surface 45 waters, or groundwater seepage as defined in 6 NYCRR 505.2. 46 § 2. This act shall take effect immediately.
