Bill Text: NY S07301 | 2017-2018 | General Assembly | Introduced

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Bill Title: Repeals provisions amending the real property tax law relating to establishing an energy-related public utility mass real property central assessment pilot program; directs the commissioner of taxation and finance to submit a report relating to public utility mass real property.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2018-10-02 - SIGNED CHAP.315 [S07301 Detail]

Download: New_York-2017-S07301-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7301
                    IN SENATE
                                     January 5, 2018
                                       ___________
        Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        AN ACT directing the commissioner of taxation and finance  to  submit  a
          report  relating  to  public utility mass real property; and to repeal
          chapter 501 of the laws of 2017, amending the real  property  tax  law
          relating  to  establishing  an energy-related public utility mass real
          property central assessment pilot program
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Chapter 501 of the laws of 2017, amending the real property
     2  tax  law  relating to establishing an energy-related public utility mass
     3  real property central assessment pilot program, is REPEALED.
     4    § 2. On or before May  1,  2018,  the  commissioner  of  taxation  and
     5  finance,  after  consulting with the department of public service, shall
     6  submit to the governor, the temporary president of the  senate  and  the
     7  speaker  of the assembly a written report analyzing the economic, policy
     8  and legal objectives that would be served by establishing an  assessment
     9  ceiling  program  for  all  public utility mass real property within the
    10  state. Such report shall include, without limitation, an analysis of the
    11  potential impact upon the taxable assessed valuations of public  utility
    12  mass  real  property throughout the state, the potential impact upon the
    13  real property taxes of the owners of public utility mass  real  property
    14  throughout  the state, the potential impact upon the real property rates
    15  and revenues of those local governments in which a  significant  portion
    16  of  the  tax  base  consists  of  public utility mass real property; any
    17  significant administrative benefits or challenges such a  program  might
    18  present;  and any other potential advantages and disadvantages that such
    19  a program might present. Such report  shall  also  address  how  such  a
    20  program  would  specifically  impact  the  distribution  of taxes within
    21  assessing units with a population of one million of more.
    22    § 3. Such report shall be informed to the extent  practicable  by  the
    23  observations  and experiences obtained by the department of taxation and
    24  finance in the course of the implementation and  administration  of  the
    25  assessment  ceilings  program  established by chapter 475 of the laws of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11097-04-8
        S. 7301                             2
     1  2013 for public utility mass real property that is used in the  telecom-
     2  munications industry.
     3    §  4.  For  purpose  of  this act, "public utility mass real property"
     4  shall include, but not be limited to, real  property,  including  mains,
     5  pipes,  conduits,  cables,  lines, wires, poles, supports and enclosures
     6  for electrical conductors located on, above  and  below  real  property,
     7  which  is used in the transmission and distribution of gas, electricity,
     8  steam, water, petroleum and any other substance  as  well  as  refriger-
     9  ation,  heat, telephone or telegraph service, and electromagnetic voice,
    10  video and data signals. Such term shall include all  property  described
    11  in  paragraphs  (d),  (e)  and  (i) of subdivision twelve of section one
    12  hundred two of the real property tax law. Special franchise property  as
    13  described  in  subdivision  seventeen  of section one hundred two of the
    14  real property tax law and all property described in  subparagraphs  (A),
    15  (B),  (C)  and (D) of paragraph (i) of subdivision twelve of section one
    16  hundred two of the real property tax law shall not be considered  public
    17  utility mass real property for purposes of this act.
    18    § 5. This act shall take effect immediately.