S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    770
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2019
                                ___________
 
 Introduced  by  M. of A. CROUCH, FINCH, GIGLIO -- 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:
 § 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.
   § 2. The environmental conservation law is amended  by  adding  a  new
 section 24-0907 to read as follows:
 § 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.
              

                                                            LBD02766-01-9

 A. 770                              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.
   §  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.
   §  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.