Relates to taxation of a designated electric generating facility located in the town of Haverstraw.
BILL NUMBER:S3235A REVISED 06/15/12
TITLE OF BILL: An act to provide for the taxation of certain real property in the county of Rockland and providing for the repeal of such provisions upon expiration thereof
PURPOSE OF THE BILL: This bill will provide for a five year phase-in of a shift of non-homestead tax share due to a court ordered assessment reduction for any designated electric generating facility in the County of Rockland.
SUMMARY OF PROVISIONS: Section 1 of the bill provides that if there is a court-ordered assessment reduction of an electric generating facility in the Town of Haverstraw, when levying taxes for town, county or school purposes, the non-homestead class must consist of two subclasses, one containing electric generating facilities and the other containing all other non-homestead property. For the fiscal years after such reduction the non homestead class tax share will be allocated between these two subclasses. This is down in order to preserve the distribution between the two subclasses that existed when the taxes were levied the fiscal year before the court ordered reduction occurred. This is subject to adjustments for any physical changes. The subclass share distribution will be annually adjusted to phase out such preservation over the next 10 year period.
Section 2 Effective Date.
JUSTIFICATION: Historically, court ordered assessment reductions for electric generating facilities have resulted in a significant shifting of the tax burden from the non-homestead class to the homestead (residential) class which negatively impacts on the cost of home ownership. This bill seeks to reduce the volatile impact of such a burden shift by creating an orderly phased transition of such tax share shift over ten years, commencing with the first final municipal assessment roll prepared subsequent to such final court order.
PRIOR LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS FOR STATE: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ S. 3235--A A. 5122--A 2011-2012 Regular Sessions S E N A T E - A S S E M B L Y February 14, 2011 ___________IN SENATE -- Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- recommitted to the Committee on Local Government in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee IN ASSEMBLY -- Introduced by M. of A. ZEBROWSKI, JAFFEE -- read once and referred to the Committee on Real Property Taxation -- recommitted to the Committee on Real Property Taxation in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to provide for the taxation of certain real property in the coun- ty of Rockland and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Notwithstanding any provision of law to the contrary, if there is a court-ordered assessment reduction of an electric generating facility in the town of Haverstraw on or after July 1, 2012, when levy- ing taxes for town, county, school and village purposes, pursuant to article 19 of the real property tax law upon the assessment roll of the town of Haverstraw, the non-homestead class shall be deemed to consist of two subclasses, one containing electric generating facilities and the other containing all other non-homestead property. For the fiscal years commencing after such reduction, the non-homestead class tax share shall be allocated between these two subclasses so as to preserve the distrib- ution between the two subclasses that existed when taxes were levied the fiscal year prior to such court ordered reduction of said town, subject to adjustments for any physical changes, provided that such subclassEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00497-03-2 S. 3235--A 2 A. 5122--A
share distribution shall be annually adjusted so as to phase out such preservation over the subsequent 10 year period. S 2. This act shall take effect immediately and shall expire and be deemed repealed June 30, 2030.