Bill Text: NY S09846 | 2023-2024 | General Assembly | Introduced

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Bill Title: Exempts water system property owned by a private water-works corporation located in counties with a population of one million or more that are special assessing units from being included as special franchise property.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-06-04 - REFERRED TO RULES [S09846 Detail]

Download: New_York-2023-S09846-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9846

                    IN SENATE

                                      June 4, 2024
                                       ___________

        Introduced  by  Sen.  CANZONERI-FITZPATRICK  --  read  twice and ordered
          printed, and when printed to be committed to the Committee on Rules

        AN ACT to amend the real property tax law, in relation to the definition
          of special franchise property

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 17 of section 102 of the real property tax law,
     2  as  amended  by  chapter  569 of the laws of 1996, is amended to read as
     3  follows:
     4    17. "Special franchise"  means  the  franchise,  right,  authority  or
     5  permission  to  construct, maintain or operate in, under, above, upon or
     6  through any public street, highway, water or other public  place  mains,
     7  pipes, tanks, conduits, wires or transformers, with their appurtenances,
     8  for  conducting  water,  steam,  light, power, electricity, gas or other
     9  substance. For purposes of assessment and taxation a  special  franchise
    10  shall  include  the  value  of the tangible property situated in, under,
    11  above, upon or through any public street, highway, water or other public
    12  place in connection therewith. The  term  special  franchise  shall  not
    13  include  central  office  equipment  or station equipment (except public
    14  telephone terminal equipment) which first appears  on  assessment  rolls
    15  prepared  on  the  basis  of  taxable status dates occurring on or after
    16  October first, nineteen hundred ninety-five and  which  is  owned  by  a
    17  telephone  company  as defined in paragraph (d) of subdivision twelve of
    18  this section, or owned by a telephone corporation as defined in subdivi-
    19  sion seventeen of section two of the public service law and certified by
    20  the public service commission under section ninety-nine of such law, nor
    21  shall it include property of a  municipal  corporation,  public  benefit
    22  corporation  or  special  district, nor shall it include a crossing less
    23  than two hundred fifty feet in length of a public street, highway, water
    24  or other public place outside a city or village, unless such crossing be
    25  the continuation of an occupancy  of  another  public  street,  highway,
    26  water  or  other public place.   The term "special franchise" shall also
    27  not include any water system property owned  by  a  private  water-works
    28  corporation,  as  such  terms  are  defined in section two of the public

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14219-03-4
        S. 9846                             2

     1  service law, located in counties with a population  of  one  million  or
     2  more that are special assessing units.
     3    §  2.  For  purposes of this act, any tax relief realized by a private
     4  water-works corporation shall be used to reduce current water rates  and
     5  offset future water rate increases.
     6    § 3. This act shall take effect immediately.