Bill S6900-2013

Enacts the "sewage flooding prevention act"

Enacts the "sewage flooding prevention act"; authorizes certain homeowners and not-for-profit agencies in New York City to receive an abatement of real property taxes up to two thousand dollars for the cost of installing sewer improvement check valve devices on certain dwellings; directs the New York City department of environmental protection to promulgate any necessary rules and regulations.

Details

Actions

  • Mar 27, 2014: REFERRED TO CITIES

Memo

BILL NUMBER:S6900

TITLE OF BILL: An act to amend the real property tax law and the administrative code of the city of New York, in relation to enacting the "sewage flooding prevention act"

PURPOSE:

To amend the real property tax law, in relation to authorizing certain homeowners and nonprofit institutions in New York City receive a tax abatement of up to two thousand dollars for the installation of sewer line "(check valves)" to prevent sewage backflow.

SUMMARY OF PROVISIONS:

The real property tax law is amended to add section 470 to provide homeowners and nonprofit institutions in New York City with an abatement of up to fifty percent (up to two thousand dollars) towards the cost of installing a sewer line check valve to prevent sewage backflow. For homeowners the abatement will be a credit against their property tax, while for nonprofit organizations the abatement will be a credit against their sewer and water bill.

JUSTIFICATION:

Many residential properties and nonprofit institutions in New York City experience sewage backflow during rainstorms due to the City's failure to develop its sewer system infrastructure to keep pace with the City's growth. Until the City makes the massive infrastructure improvements necessary to solve this problem, homeowners can prevent raw sewage backflow by installing a sewer line check valve. Unfortunately, this essential mitigation device is expensive, making it unattainable for many homeowners and nonprofit groups. A tax abatement is necessary to make the check valve affordable.

PRIOR LEGISLATIVE HISTORY:

2013-2014: A02342 (Rozic) - Real Property 2012: A00209 (Lancman) - Real Property Taxation 2011: A00209 (Lancman) - Real Property Taxation 2010: A01255A (Lancman) - Real Property Taxation 2009: A01255A (Lancman) - Ways & Means 2008: A09550 (Lancman) - Real Property Taxation 2007: A09550 (Lancman) - Real Property Taxation

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 6900 IN SENATE March 27, 2014 ___________
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Cities AN ACT to amend the real property tax law and the administrative code of the city of New York, in relation to enacting the "sewage flooding prevention act" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "sewage flooding prevention act". S 2. The real property tax law is amended by adding a new section 471 to read as follows: S 471. ABATEMENT OF TAXES FOR THE INSTALLATION OF CHECK VALVES FOR SEWER IMPROVEMENTS IN CITIES WITH A POPULATION OF ONE MILLION OR MORE. 1. IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, ANY OWNER OF A DWELLING WHO INSTALLS A CHECK VALVE DEVICE TO PREVENT SEWAGE FROM BACK- FLOWING INTO SUCH DWELLING SHALL RECEIVE AN ABATEMENT OF TAXES ON SUCH REAL PROPERTY EQUALING ONE-HALF, UP TO TWO THOUSAND DOLLARS TOWARDS THE COST OF PURCHASING AND INSTALLING SUCH DEVICE. 2. ANY NOT-FOR-PROFIT ENTITY WHICH OWNS A BUILDING OF ANY TYPE OR A DWELLING IN A CITY WITH A POPULATION OF ONE MILLION OR MORE AND WHICH INSTALLS A CHECK VALVE DEVICE TO PREVENT SEWAGE FROM BACK-FLOWING INTO SUCH BUILDING OR DWELLING SHALL RECEIVE AN ABATEMENT OF WATER AND SEWER CHARGES EQUALING ONE-HALF OF THE COST OF PURCHASING AND INSTALLING SUCH DEVICE, UP TO TWO THOUSAND DOLLARS. 3. FOR THE PURPOSES OF THIS SECTION, THE TERM "DWELLING" SHALL MEAN ANY BUILDING, STRUCTURE OR PORTION THEREOF WHICH IS OCCUPIED IN WHOLE OR IN PART AS A HOME, RESIDENCE OR SLEEPING PLACE FOR ONE OR MORE HUMAN BEINGS. 4. THE NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION, INCLUDING BUT NOT LIMITED TO, IDENTIFYING APPROPRIATE CHECK VALVE SYSTEMS. S 3. Subdivision e of section 24-514 of the administrative code of the city of New York is amended to read as follows:
e. Exemptions from sewer rents or charges. Any real property which is entitled to an exemption from the payment of water rents or charges shall also be exempt from payment of the sewer rents or charges imposed hereunder. IN ADDITION, ANY NOT-FOR-PROFIT ENTITY WHICH OWNS A BUILDING OF ANY TYPE OR A DWELLING IN A CITY WITH A POPULATION OF ONE MILLION OR MORE AND WHICH INSTALLS A CHECK VALVE DEVICE TO PREVENT SEWAGE FROM BACK-FLOWING INTO SUCH BUILDING OR DWELLING SHALL RECEIVE AN ABATEMENT OF WATER AND SEWER CHARGES EQUALING ONE-HALF OF THE COST OF PURCHASING AND INSTALLING SUCH DEVICE, UP TO TWO THOUSAND DOLLARS. FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "DWELLING" SHALL MEAN ANY BUILD- ING, STRUCTURE OR PORTION THEREOF WHICH IS OCCUPIED IN WHOLE OR IN PART AS A HOME, RESIDENCE OR SLEEPING PLACE FOR ONE OR MORE HUMAN BEINGS. S 4. This act shall take effect on the one hundred eightieth day after it shall have become a law.

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