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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Engrossed - Dead) 2020-01-08 - REFERRED TO LOCAL GOVERNMENT [S04230 Detail]

Download: New_York-2019-S04230-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4230
                               2019-2020 Regular Sessions
                    IN SENATE
                                      March 5, 2019
                                       ___________
        Introduced  by  Sens.  KAMINSKY, GAUGHRAN, HARCKHAM, MAYER -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Local Government
        AN ACT to amend the real property tax  law,  in  relation  to  excluding
          water  system  property owned by water-works corporations from special
          franchise tax
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 17 of section 102 of the real property tax law,
     2  as  amended  by  chapter  569 of the laws of 1996, is amended to read as
     3  follows:
     4    17. "Special franchise"  means  the  franchise,  right,  authority  or
     5  permission  to  construct, maintain or operate in, under, above, upon or
     6  through any public street, highway, water or other public  place  mains,
     7  pipes, tanks, conduits, wires or transformers, with their appurtenances,
     8  for  conducting  [water,] steam, light, power, electricity, gas or other
     9  substance, excluding water.  For purposes of assessment and  taxation  a
    10  special franchise shall include the value of the tangible property situ-
    11  ated in, under, above, upon or through any public street, highway, water
    12  or  other  public  place in connection therewith. The term special fran-
    13  chise shall not include central office equipment  or  station  equipment
    14  (except  public  telephone  terminal  equipment)  which first appears on
    15  assessment rolls prepared on the basis of taxable status dates occurring
    16  on or after October first, nineteen hundred  ninety-five  and  which  is
    17  owned  by a telephone company as defined in paragraph (d) of subdivision
    18  twelve of this section, or owned by a telephone corporation  as  defined
    19  in  subdivision  seventeen  of section two of the public service law and
    20  certified by the public service commission under section ninety-nine  of
    21  such  law,  nor  shall  it  include property of a municipal corporation,
    22  public benefit corporation or special district, nor shall it  include  a
    23  crossing  less than two hundred fifty feet in length of a public street,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10244-04-9
        S. 4230                             2
     1  highway, water or other public place outside a city or  village,  unless
     2  such  crossing  be  the  continuation  of an occupancy of another public
     3  street, highway, water or other public place.   The term  special  fran-
     4  chise  shall  also  not  include  any  water  system property owned by a
     5  water-works corporation as such terms are defined in section two of  the
     6  public service law.
     7    §  2. The taxable assessed valuation of any water system special fran-
     8  chise property, as defined in subdivision 17 of section 102 of the  real
     9  property  tax  law,  owned by a water-works corporation that is used for
    10  conducting water on assessment rolls required by law to be completed and
    11  filed on or after January first, two thousand nineteen shall not  exceed
    12  the taxable assessed valuation of such real property on final assessment
    13  rolls  completed and filed on or after January first, two thousand eigh-
    14  teen; the taxable assessed valuation  of  such  property  on  assessment
    15  rolls  required  by  law  to  be completed and filed on or after January
    16  first, two thousand twenty shall not exceed eighty percent of the  taxa-
    17  ble  assessed  valuation of such real property on final assessment rolls
    18  completed and filed on or after January first,  two  thousand  eighteen;
    19  the  taxable  assessed  valuation  of  such property on assessment rolls
    20  required by law to be completed and filed on or after January first, two
    21  thousand twenty-one shall  not  exceed  sixty  percent  of  the  taxable
    22  assessed  valuation  of  such  real  property  on final assessment rolls
    23  completed and filed on or after January first,  two  thousand  eighteen;
    24  the  taxable  assessed  valuation  of  such property on assessment rolls
    25  required by law to be completed and filed on or after January first, two
    26  thousand twenty-two shall  not  exceed  forty  percent  of  the  taxable
    27  assessed  valuation  of  such  real  property  on final assessment rolls
    28  completed and filed on or after January first,  two  thousand  eighteen;
    29  and  the taxable assessed valuation of such property on assessment rolls
    30  required by law to be completed and filed on or after January first, two
    31  thousand twenty-three shall not exceed twenty  percent  of  the  taxable
    32  assessed  valuation  of  such  real  property  on final assessment rolls
    33  completed and filed on or after January first, two thousand eighteen.
    34    § 3. For purposes of this act, any tax relief  realized  by  a  water-
    35  works corporation shall be used to reduce current water rates and offset
    36  future water rate increases.
    37    §  4.  This act shall take effect immediately; provided, however, that
    38  section one of this act shall take effect January 1, 2024.