S3529-2013 Actions

• Feb 5, 2013: REFERRED TO LOCAL GOVERNMENT

S3529-2013 Memo

BILL NUMBER:S3529

TITLE OF BILL:  An act to provide for the taxation of certain real prop-
erty  in  the  county  of  Rockland and providing for the repeal of such
provisions upon expiration thereof

PURPOSE:  This bill will provide for a ten 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: This bill will provide for a ten 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.

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  (resi-
dential)  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.

LEGISLATIVE HISTORY:  A.5122A of 2011-12/S.3235-A

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediate.

S3529-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    3529

                         2013-2014 Regular Sessions

                              I N  SENATE

                              February 5, 2013
                                 ___________

  Introduced  by  Sen.  LARKIN -- read twice and ordered printed, and when
    printed to be committed to the Committee on Local Government

  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  subclass
  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.



   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00361-01-3