S T A T E   O F   N E W   Y O R K
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                                  4530

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2011
                               ___________

Introduced by M. of A. CROUCH, BURLING, FINCH, GIGLIO, OAKS -- read once
  and referred to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law and the real property
  tax  law,  in  relation to providing for a real property tax abatement
  for land subject to freshwater wetland regulation

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 24-0905 of the environmental conservation law, as
amended by chapter 654 of the laws  of  1977,  is  amended  to  read  as
follows:
S 24-0905. Tax abatement.
  Any  freshwater  wetland  subject  to land use regulations pursuant to
section 24-0903 of this [article] TITLE  or  subject  to  a  cooperative
agreement  pursuant  to section 24-0901 of this [article] TITLE shall be
deemed subject to a limitation on the  use  of  such  wetlands  for  the
purposes  of  REAL  property tax evaluation, in the same manner as if an
easement or right had been acquired pursuant to  the  general  municipal
law.   [Assessed] THE ASSESSED value OF SUCH FRESHWATER WETLAND shall be
based, during the duration of such agreement or regulations, on the uses
remaining to the owner thereof AS DETERMINED BY THE ASSESSING  UNIT,  AS
DEFINED  IN SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW, PURSU-
ANT TO RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER OF TAXATION
AND FINANCE.  THE TAX ABATEMENT PROVIDED BY THIS SECTION SHALL  ONLY  BE
GRANTED  UPON  SUBMISSION TO THE ASSESSING UNIT OF AN APPLICATION THERE-
FOR, IN SUCH FORM AS SHALL BE ESTABLISHED BY THE COMMISSIONER  OF  TAXA-
TION AND FINANCE.
  S  2.  The  environmental  conservation law is amended by adding a new
section 24-0907 to read as follows:
S 24-0907. EFFECT OF TAX ABATEMENT.
  THE TOTAL REAL PROPERTY TAX SAVINGS PROVIDED BY EACH REAL PROPERTY TAX
AUTHORITY PURSUANT TO SECTION 24-0905 OF THIS TITLE  SHALL  BE  A  STATE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04742-02-1
              

A. 4530                             2

CHARGE  WHICH SHALL BE PAYABLE BY THE DEPARTMENT PURSUANT TO INFORMATION
PROVIDED BY AND SUBJECT TO A PROCEDURE ESTABLISHED BY  THE  COMMISSIONER
OF TAXATION AND FINANCE.
  S  3.    Subdivision  4 of section 202 of the real property tax law is
renumbered subdivision 5 and a new subdivision 4 is  added  to  read  as
follows:
  4. (A) THE COMMISSIONER SHALL PROMULGATE A STATEWIDE STANDARD APPLICA-
TION FORM FOR THE TAX ABATEMENT FOR FRESHWATER WETLANDS GRANTED PURSUANT
TO  SECTION  24-0905  OF  THE  ENVIRONMENTAL CONSERVATION LAW. SUCH FORM
SHALL INCLUDE ALL SUCH INFORMATION AS THE COMMISSIONER  SHALL  DETERMINE
IS  NECESSARY  FOR AN ASSESSING UNIT TO DETERMINE THE AMOUNT OF SUCH TAX
ABATEMENT ON THE APPROPRIATE FRESHWATER WETLAND.
  (B) THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS  PROVIDING
FOR  THE DETERMINATION OF THE TAX ABATEMENTS TO BE GRANTED TO FRESHWATER
WETLANDS BY ASSESSING UNITS PURSUANT TO SECTION 24-0905 OF THE  ENVIRON-
MENTAL CONSERVATION LAW.
  S  4. This act shall take effect immediately; except that sections one
and two of this act shall take effect  on  the  first  of  January  next
succeeding  the date on which it shall have become a law and shall apply
to real property with a taxable status date on or after such date.