Bill Text: NY S04230 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to assessments of special franchise property owned by water works corporations.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Engrossed) 2019-06-13 - referred to real property taxation [S04230 Detail]

Download: New_York-2019-S04230-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4230--B

                               2019-2020 Regular Sessions

                    IN SENATE

                                      March 5, 2019
                                       ___________

        Introduced  by Sens. KAMINSKY, BROOKS, GAUGHRAN, HARCKHAM, MAYER, THOMAS
          -- read twice and ordered printed, and when printed to be committed to
          the Committee  on  Local  Government  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee

        AN  ACT  relating  to assessment of property owned by water-works corpo-
          rations; and providing for the repeal of such provisions upon  expira-
          tion thereof

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "New York state water tax equality act".
     3    §  2. The taxable assessed valuation of any water system special fran-
     4  chise property, as defined in subdivision 17 of section 102 of the  real
     5  property  tax law, that is used for conducting water, including, but not
     6  limited to, such replacement property in form, function and  utility  of
     7  the  property  being  replaced on assessment rolls required by law to be
     8  completed, and filed on or after January 1, 2020 shall not exceed eighty
     9  percent of the taxable assessed valuation of such real property on final
    10  assessment rolls completed and filed on or after January  1,  2019;  the
    11  taxable assessed valuation of such property on assessment rolls required
    12  by  law  to be completed and filed on or after January 1, 2021 shall not
    13  exceed sixty percent of the taxable  assessed  valuation  of  such  real
    14  property on final assessment rolls completed and filed on or after Janu-
    15  ary  1, 2019; the taxable assessed valuation of such property on assess-
    16  ment rolls required by law to be completed and filed on or after January
    17  1, 2022 shall not exceed forty percent of the taxable assessed valuation
    18  of such real property on final assessment rolls completed and  filed  on
    19  or after January 1, 2019; the taxable assessed valuation of such proper-
    20  ty  on  assessment rolls required by law to be completed and filed on or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10244-13-9

        S. 4230--B                          2

     1  after January 1, 2023 shall not exceed twenty  percent  of  the  taxable
     2  assessed  valuation  of  such  real  property  on final assessment rolls
     3  completed and filed on  or  after  January  1,  2019;  and  the  taxable
     4  assessed  valuation of such property on assessment rolls required by law
     5  to be completed and filed on or after January 1,  2024,  and  thereafter
     6  shall be exempt from taxation as water system special franchise property
     7  as  defined  in  subdivision  17 of section 102 of the real property tax
     8  law.
     9    § 3. The provisions of this act shall  only  apply  to  the  New  York
    10  public  service  commission  designated Service Territory of water-works
    11  corporations located in counties of one million or more that are special
    12  assessing units as defined in said water-works corporation's  tariff  as
    13  of May 1, 2019.
    14    § 4. Any reduction in the taxable assessed value or removal of proper-
    15  ty  in  any  taxing  jurisdiction  resulting  from this act shall not be
    16  reflected in any  adjusted  proportions  or  adjusted  base  proportions
    17  established  pursuant  to  article  18  of  the real property tax law or
    18  adjusted homestead and non-homestead base proportions established pursu-
    19  ant to article 19 of the real property tax law.
    20    § 5. Any tax relief realized by this  act  shall  be  used  to  reduce
    21  current water rates and offset future water rate increases.
    22    §  6.  Notwithstanding  any other provision of law to the contrary, no
    23  municipality shall sell, transfer, or  reassign  ownership  of  a  water
    24  system  owned  or  operated by such municipality to a water works corpo-
    25  ration, unless such sale, transfer, or reassignment is deemed to  be  in
    26  the public interest and approved by the public service commission pursu-
    27  ant  to  the  public service law. For the purposes of this act, "munici-
    28  pality" shall mean any county with a population of one million  or  more
    29  that  is  a special assessing unit or any city, town, village, or public
    30  district within such a county; and a "public district," as herein  used,
    31  is  a  district  or  other territorial division, whether incorporated or
    32  not, whose affairs are managed by any officer  or  officers,  person  or
    33  persons, elected by voters or taxpayers or appointed by a public officer
    34  or  officers,  and included, without excluding others, a water district,
    35  water supply district and a fire district.
    36    § 7. This act shall take effect immediately and shall  expire  and  be
    37  deemed repealed on and after January 1, 2029.
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