Bill Text: NY A05122 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to taxation of a designated electric generating facility located in the town of Haverstraw.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-06-18 - reported referred to ways and means [A05122 Detail]

Download: New_York-2011-A05122-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 3235                                                  A. 5122
                              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
       IN ASSEMBLY -- Introduced by M. of A. ZEBROWSKI, JAFFEE -- read once and
         referred to the Committee on Real Property Taxation
       AN ACT to provide for the taxation of certain real property in the coun-
         ty  of  Rockland;  to  amend the real property tax law, in relation to
         providing for the taxation of certain property located in  the  county
         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:
    1    Section  1.  Notwithstanding  any provision of law to the contrary, if
    2  there is a court-ordered assessment reduction of an electric  generating
    3  facility  located  in  the county of Rockland on and after July 1, 2010,
    4  when levying taxes pursuant to article 19 of the real property  tax  law
    5  upon the assessment roll of any such assessing unit located in the coun-
    6  ty  of  Rockland,  the non-homestead class shall be deemed to consist of
    7  two subclasses, one containing electric generating  facilities  and  the
    8  other  containing all other non-homestead property. On and after July 1,
    9  2011, the non-homestead class tax share shall be allocated between these
   10  two subclasses so as  to  preserve  the  distribution  between  the  two
   11  subclasses that existed when taxes were levied on the initial assessment
   12  roll  of  said  assessing  unit,  that was subject to such court ordered
   13  assessment reduction, subject to adjustments for any physical changes.
   14    S 2. Section 1903 of the real property tax law is amended by adding  a
   15  new subdivision 4-a to read as follows:
   16    4-A.  ROCKLAND COUNTY.  (A) NOTWITHSTANDING THE PROVISIONS OF SUBDIVI-
   17  SION FOUR OF THIS SECTION, IN THE CASE OF ASSESSING UNITS LOCATED IN THE
   18  COUNTY OF ROCKLAND, IF ONE OF THE ASSESSING UNITS CONTAINS A  DESIGNATED
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00497-02-1
       S. 3235                             2                            A. 5122
    1  ELECTRIC  GENERATING  FACILITY,  SUCH ASSESSING UNIT SHALL APPORTION AND
    2  LEVY ITS TAXES ACCORDING TO THE PROVISIONS OF THIS SUBDIVISION.
    3    (B)  THE NON-HOMESTEAD TAX SHARE FOR THE ASSESSING UNIT CONTAINING THE
    4  DESIGNATED ELECTRIC GENERATING FACILITY SHALL BE ADJUSTED AS FOLLOWS:
    5    (I) THE AMOUNT OF TAX FOR THE DESIGNATED ELECTRIC GENERATING  FACILITY
    6  SHALL  BE SET AT THE SAME PERCENTAGE THAT THE DESIGNATED ELECTRIC GENER-
    7  ATING FACILITY'S  ASSESSED  VALUE  BORE  TO  THE  NON-HOMESTEAD  CLASS'S
    8  ASSESSED  VALUE  IN THE INITIAL YEAR THAT WAS SUBJECT TO SUCH COURT-ORD-
    9  ERED ASSESSMENT REDUCTION AND THE APPROPRIATE TAX RATE SHALL BE COMPUTED
   10  THEREBY;
   11    (II) THE AMOUNT OF TAX SET  FOR  THE  DESIGNATED  ELECTRIC  GENERATING
   12  FACILITY  SHALL  BE  DEDUCTED FROM THE TOTAL NON-HOMESTEAD TAX SHARE AND
   13  THE REMAINING AMOUNT OF THE NON-HOMESTEAD TAX SHARE SHALL BE  RE-DISTRI-
   14  BUTED  AMONG  THE  OTHER  NON-HOMESTEAD PROPERTIES WITH THE ADJUSTED TAX
   15  RATE COMPUTED THERETO; AND
   16    (III) THE DIFFERENCE BETWEEN THE PRIOR ASSESSMENT AND  THE  COURT-ORD-
   17  ERED  ASSESSMENT  SHALL  BE CALCULATED AS FOLLOWS: (THE PRIOR ASSESSMENT
   18  MINUS THE COURT-ORDERED ASSESSMENT) DIVIDED BY THE COURT-ORDERED ASSESS-
   19  MENT. THE PERCENTAGE DIFFERENCE SHALL  BE  DELIVERED  TO  THE  ASSESSING
   20  UNIT,  WHICH  SHALL DIVIDE SUCH PERCENTAGE DIFFERENCE BY FIVE AND SHALL,
   21  IN YEARS SUBSEQUENT TO THE FINAL YEAR IN WHICH THE COURT-ORDERED ASSESS-
   22  MENT TAKES EFFECT, UTILIZE SUCH CALCULATED PERCENT DIFFERENCE AND ADJUST
   23  THE  DESIGNATED  ELECTRIC  GENERATING  FACILITY'S  PERCENTAGE   OF   THE
   24  NON-HOMESTEAD  TAX  ACCORD TO THE PROVISIONS OF THIS SUBDIVISION BY SUCH
   25  INCREMENTAL ADJUSTMENT OVER THE ENSUING FIVE YEARS.
   26    (C) AS USED  IN  THIS  SUBDIVISION,  "DESIGNATED  ELECTRIC  GENERATING
   27  FACILITY"  MEANS  REAL PROPERTY ON WHICH ELECTRIC GENERATING FACILITIES,
   28  OPERATIONS OR  ADMINISTRATIVE  OPERATIONS  UNDER  COMMON  OWNERSHIP  ARE
   29  LOCATED,  REGARDLESS  OF WHETHER SUCH PROPERTY CONSISTS OF ONE PARCEL ON
   30  AN ASSESSMENT ROLL OR MULTIPLE  PARCELS  ON  AN  ASSESSMENT  ROLL  UNDER
   31  COMMON  OWNERSHIP,  THE  VALUE  OF  WHICH REAL PROPERTY CONSTITUTES FIVE
   32  PERCENT OR MORE OF THE NON-HOMESTEAD TOTAL ASSESSED VALUE ON THE  APPLI-
   33  CABLE ASSESSMENT ROLL.
   34    S  3. Section 1903-a of the real property tax law is amended by adding
   35  a new subdivision 4-a to read as follows:
   36    4-A. ROCKLAND COUNTY.  (A) NOTWITHSTANDING THE PROVISIONS OF  SUBDIVI-
   37  SION  FOUR  OF THIS SECTION, IN THE CASE OF ELIGIBLE SPLIT TAX DISTRICTS
   38  LOCATED IN THE COUNTY  OF  ROCKLAND,  IF  ONE  OF  THE  ASSESSING  UNITS
   39  CONTAINS  A  DESIGNATED ELECTRIC GENERATING FACILITY, SUCH  TAX DISTRICT
   40  SHALL APPORTION AND LEVY ITS TAXES ACCORDING TO THE PROVISIONS  OF  THIS
   41  SUBDIVISION.
   42    (B)  THE NON-HOMESTEAD TAX SHARE FOR THE ASSESSING UNIT CONTAINING THE
   43  DESIGNATED ELECTRIC GENERATING FACILITY SHALL BE ADJUSTED AS FOLLOWS:
   44    (I) THE AMOUNT OF TAX FOR THE DESIGNATED ELECTRIC GENERATING  FACILITY
   45  SHALL  BE SET AT THE SAME PERCENTAGE THAT THE DESIGNATED ELECTRIC GENER-
   46  ATING FACILITY'S  ASSESSED  VALUE  BORE  TO  THE  NON-HOMESTEAD  CLASS'S
   47  ASSESSED  VALUE  IN THE INITIAL YEAR THAT WAS SUBJECT TO SUCH COURT-ORD-
   48  ERED ASSESSMENT REDUCTION AND THE APPROPRIATE TAX RATE SHALL BE COMPUTED
   49  THEREBY;
   50    (II) THE AMOUNT OF TAX SET  FOR  THE  DESIGNATED  ELECTRIC  GENERATING
   51  FACILITY  SHALL  BE  DEDUCTED FROM THE TOTAL NON-HOMESTEAD TAX SHARE AND
   52  THE REMAINING AMOUNT OF THE NON-HOMESTEAD TAX SHARE SHALL BE  RE-DISTRI-
   53  BUTED  AMONG  THE  OTHER  NON-HOMESTEAD PROPERTIES WITH THE ADJUSTED TAX
   54  RATE COMPUTED THERETO; AND
   55    (III) THE DIFFERENCE BETWEEN THE PRIOR ASSESSMENT AND  THE  COURT-ORD-
   56  ERED  ASSESSMENT  SHALL  BE CALCULATED AS FOLLOWS: (THE PRIOR ASSESSMENT
       S. 3235                             3                            A. 5122
    1  MINUS THE COURT-ORDERED ASSESSMENT) DIVIDED BY THE COURT-ORDERED ASSESS-
    2  MENT. THE PERCENTAGE DIFFERENCE SHALL BE DELIVERED TO THE ELIGIBLE SPLIT
    3  TAX RATE DISTRICT, WHICH SHALL DIVIDE SUCH PERCENTAGE DIFFERENCE BY FIVE
    4  AND SHALL, IN YEARS SUBSEQUENT TO THE FINAL YEAR IN WHICH THE COURT-ORD-
    5  ERED ASSESSMENT TAKES EFFECT, UTILIZE SUCH CALCULATED PERCENT DIFFERENCE
    6  AND  ADJUST  THE DESIGNATED ELECTRIC GENERATING FACILITY'S PERCENTAGE OF
    7  THE NON-HOMESTEAD TAX ACCORD TO THE PROVISIONS OF  THIS  SUBDIVISION  BY
    8  SUCH INCREMENTAL ADJUSTMENT OVER THE ENSUING FIVE YEARS.
    9    (C)  AS  USED  IN  THIS  SUBDIVISION,  "DESIGNATED ELECTRIC GENERATING
   10  FACILITY" MEANS REAL PROPERTY ON WHICH ELECTRIC  GENERATING  FACILITIES,
   11  OPERATIONS  OR  ADMINISTRATIVE  OPERATIONS  UNDER  COMMON  OWNERSHIP ARE
   12  LOCATED, REGARDLESS OF WHETHER SUCH PROPERTY CONSISTS OF ONE  PARCEL  ON
   13  AN  ASSESSMENT  ROLL  OR  MULTIPLE  PARCELS  ON AN ASSESSMENT ROLL UNDER
   14  COMMON OWNERSHIP, THE VALUE OF  WHICH  REAL  PROPERTY  CONSTITUTES  FIVE
   15  PERCENT  OR MORE OF THE NON-HOMESTEAD TOTAL ASSESSED VALUE ON THE APPLI-
   16  CABLE ASSESSMENT ROLL.
   17    S 4. The provisions of this act shall apply to real property taxes and
   18  school district taxes assessed in split tax districts located in assess-
   19  ing units in the county of Rockland commencing with   the first  assess-
   20  ment  roll  prepared  subsequent  to a final court order as specified in
   21  section one of this act.
   22    S 5. This act shall take effect immediately.