Bill Text: NY S06638 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to exempting certain non-profit community gardens from payment for water usage and supply; exempts non-profit community gardens located on property in the city of New York and registered with and licensed by such city's department of parks and recreation from payment for water usage and supply.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CITIES [S06638 Detail]

Download: New_York-2019-S06638-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6638--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                      July 29, 2019
                                       ___________

        Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
          when printed to be committed to the Committee on  Rules  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT  to  amend chapter 696 of the laws of 1887 relating to providing
          hospitals, orphan asylums and other  charitable  institutions  in  the
          city  of  New  York  with water and remitting assessments therefor, in
          relation  to  exempting  certain  non-profit  community  gardens  from
          payment for water usage and supply

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

     1    Section 1. Section 1 of chapter 696 of the laws of  1887  relating  to
     2  providing hospitals, orphan asylums and other charitable institutions in
     3  the  city  of New York with water and remitting assessments therefor, as
     4  amended by chapter 950 of the laws  of  1983,  is  amended  to  read  as
     5  follows:
     6    [§]  Section  1. Except as otherwise provided in section three of this
     7  act, the several hospitals,  dispensaries,  orphan  asylums,  registered
     8  volunteer  ambulance  corps,  homes  for  the aged, non-profit community
     9  gardens located on property in the city of New York and registered  with
    10  and  licensed  by such city's department of parks and recreation, houses
    11  or homes for the reformation, protection  or  shelter  of  females,  day
    12  nurseries  or  corporations or societies for the care and instruction of
    13  poor babies and needy children, any corporation which was created by  an
    14  act  of congress of the United States to be non-profit and without capi-
    15  tal stock and organized exclusively for the purpose of furnishing volun-
    16  teer aid to the sick and wounded of armies in time of war and to contin-
    17  ue and carry on a system of national international  relief  in  time  of
    18  peace  and  to  mitigate  the suffering caused by fire, floods and other
    19  great national calamities, and industrial homes, and any  benevolent  or
    20  charitable  corporation owning or maintaining an institution for medical

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13499-02-9

        S. 6638--A                          2

     1  research, public baths, for free school societies  or  free  circulating
     2  libraries  or veteran firemen's associations, and any social settlement,
     3  whether incorporated or unincorporated, which shall own or lease  for  a
     4  term  not  less  than three years a building or buildings devoted exclu-
     5  sively to the purposes of such social settlement work or  any  religious
     6  society  owning  or  leasing for a period of not less than three years a
     7  building devoted exclusively to social settlement work, now existing  or
     8  hereafter  established in the city of New York, or the real estate owned
     9  by any religious corporation located in the city  of  New  York  as  now
    10  constituted, actually dedicated and used by such corporation exclusively
    11  as  a  place  of public worship, or the real estate used exclusively for
    12  education through and including the twelfth grade which is owned by  any
    13  corporation or association entitled to exemption under the provisions of
    14  paragraph (a) of subdivision one of section four hundred twenty-a of the
    15  real  property  tax  law,  or the real estate owned by an association of
    16  honorably discharged soldiers, sailors, or marines, devoted  exclusively
    17  to  patriotic  and  charitable  purposes,  are  hereby exempted from the
    18  payment of any sum of money whatever to said city, for the use of  water
    19  taken by same from said city, and water shall be supplied to the same by
    20  said  city,  in sufficient quantity for all purposes for which it is now
    21  used by said corporations, societies and institutions, or which  may  be
    22  necessary to be used by the same, free of all charge whatsoever, and the
    23  real  estate  necessarily used for any hospital, dispensary, institution
    24  for medical research,  orphan  asylum,  registered  volunteer  ambulance
    25  corps,  home  for  the  aged,  free  school or free circulating library,
    26  veteran firemen's association, house or home for reformation, protection
    27  or shelter of females, day nurseries or corporations  or  societies  for
    28  the  care  and  instruction  of  poor  babies and needy children, or any
    29  corporation which was created by an act of the congress  of  the  United
    30  States  to  be non-profit and without capital stock and organized exclu-
    31  sively for the purpose of furnishing  volunteer  aid  to  the  sick  and
    32  wounded  of  armies in time of war and to continue and carry on a system
    33  of national and international relief in time of peace  and  to  mitigate
    34  the  suffering  caused  by fire, floods and other great national calami-
    35  ties, or industrial homes, or social settlements maintained or conducted
    36  by any incorporated or unincorporated social settlement, church or reli-
    37  gious society, or occupied for such public bath, owned or leased  for  a
    38  term  of  not less than three years, or held under any renewal or exten-
    39  sion of such lease by any such corporation, societies  and  institutions
    40  aforesaid, or the real estate owned by any religious corporation located
    41  in the city of New York, as now constituted, actually dedicated and used
    42  by  such  corporation  exclusively  as a place of public worship, or the
    43  real estate used exclusively for education  through  and  including  the
    44  twelfth  grade which is owned by any corporation or association entitled
    45  to exemption under the provisions of paragraph (a) of subdivision one of
    46  section four hundred twenty-a of the real property tax law, or the  real
    47  estate used exclusively by non-profit community gardens located on prop-
    48  erty  in  the  city of New York and registered with and licensed by such
    49  city's  department  of  parks  and  recreation,  is   hereby   released,
    50  discharged  and  exempted  from all lien and charge for water heretofore
    51  used or which may hereafter be used by any such institution, society  or
    52  corporation.  Notwithstanding the foregoing provisions, the mayor of the
    53  city of New York, by executive order, may provide that such institution,
    54  society or corporation shall not be exempt from payment for the use  and
    55  supply  of water, except that such executive order shall apply only with
    56  respect to those institutions, societies or corporations who are  eligi-

        S. 6638--A                          3

     1  ble to receive reimbursement from either the United States, the state of
     2  New  York,  or the city of New York, or any agency thereof, for payments
     3  for the use and supply of water.
     4    § 2. This act shall take effect immediately.
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