A05429 Summary:

BILL NO    A05429A

SAME AS    
SAME AS S02772-A

SPONSOR    Giglio

COSPNSR    

MLTSPNSR   


Amd 3641, Ed L


Provides a $500,000 supplemental valuation impact grant to the West
Valley
central school district for the 2016 - 2017 school year.
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A05429 Actions:

BILL NO    A05429A

02/23/2015 referred to real property taxation
01/06/2016 referred to real property taxation
02/08/2016 amend and recommit to real property taxation
02/08/2016 print number 5429a
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A05429 Votes:

There are no votes for this bill in this legislative session.
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A05429 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5429A
 
SPONSOR: Giglio
  TITLE OF BILL: An act to amend the education law, in relation to providing a supplemental valuation impact grant to the West Valley central school district   PURPOSE: To provide a $500,000 supplemental valuation impact grant to the West Valley central school district.   SUMMARY OF PROVISIONS: Section 3641, subdivision 3 of the Education Law is amended.   JUSTIFICATION: Within the boundaries of the West Valley Central School District is the West Valley Nuclear Demonstration project site. This site is located on approximately 3,300 acres in the Town of Ashford where West Valley is situated. Initially, in 1961, the site was created to commercially reprocess spent nuclear fuel. The operator of the site was Nuclear Fuel Services, Inc. (NFS). In the late 1970's, NFS determined that it was no longer feasible to pursue reprocessing. Since then the site has been in the process of being decommissioned. The New York State Energy Research and Development Authority (NYSERDA) is the owner of the facility. The real property tax school funding system that New York State uses to fund its public schools system disproportionately hurts West Valley, since they have little real property to tax, given that most of their land is state-owned, and as such is tax exempt, primarily as a result of the West Valley nuclear reprocessing project that folded. In addition, the School District is a small, rural, relatively poor area with little tax base to begin with. This situation is further magnified by an unwillingness of families to locate in the District due to fears associ- ated with living close to a nuclear facility couple with one of the highest tax rates in Cattaraugus County. West Valley School District assessment date for 2012 shows that $531,901,574 out of the district's estimated $628,380,834 assessed value is tax exempt. This equates to approximately 85% tax exempt lands. New York State-owned lands account for 94% of this exemption. If taxable, this nuclear site would provide over $2.7 million dollars of tax revenue each school year to the district. In addition, the school tax rate in the Town of Ashford would decrease from $37.62 per thousand to $5.45 per thousand. As a result of the high tax rate, which is 21 percent to 65 percent higher than contiguous districts, the District's current property owners pay a disproportionate share of school tax as compared to property owners in other districts. This makes purchasing a home cost prohibitive for young families, and is also a factor contributing to the District's 30.7 percent rate of decline in student enrollment between the 2005/06 and 2013/14 school years. Because of West Valley's unique situation, this bill was requested by the school district to help offset the loss of revenues that they incur due to their tax exempt lands.   LEGISLATIVE HISTORY: 2013/2014: A6018a (Giglio); 2011,2012: S.859A./A.1955A Referred to Education 2010: S.8189 Referred to Rules   FISCAL IMPLICATIONS: $500,000, subject to appropriation in the state budget.   EFFECTIVE DATE: Immediately.
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A05429 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5429--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 23, 2015
                                       ___________
 
        Introduced by M. of A. GIGLIO -- read once and referred to the Committee
          on  Real  Property  Taxation  --  recommitted to the Committee on Real
          Property Taxation in accordance  with  Assembly  Rule  3,  sec.  2  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
 

        AN ACT to amend the education law, in relation to  providing  a  supple-
          mental  valuation  impact  grant  to  the  West  Valley central school
          district
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.    Subdivision  3 of section 3641 of the education law, as
     2  added by section 29-a of part B of chapter 57 of the laws of 2008, para-
     3  graph a as amended by section 31 of part A of chapter 57 of the laws  of
     4  2009, is amended to read as follows:
     5    3. Supplemental valuation impact grants.  a. In addition to apportion-
     6  ments otherwise provided by section thirty-six hundred two of this arti-
     7  cle,  for  aid payable in the two thousand [eight] sixteen--two thousand

     8  [nine and two thousand nine--two thousand ten] seventeen school  [years]
     9  year, the [amounts] amount specified in [paragraphs] paragraph c [and d]
    10  of  this  subdivision  shall  be paid for the purpose of providing addi-
    11  tional funding for a school [districts] district which [have experienced
    12  a significant financial hardship caused by an  extraordinary  change  in
    13  the taxable property valuation or extraordinary judgments resulting from
    14  tax  certiorari  proceedings]  has more than eighty-three percent of its
    15  real property classified as tax exempt.
    16    b. The purpose of this subdivision is to provide financial  assistance

    17  to  a  school [districts] district which [have experienced a significant
    18  reduction in the taxable full value of the school district  or  extraor-
    19  dinary  tax  certiorari judgments] has more than eighty-three percent of
    20  its real property classified as tax exempt.  The legislature finds  that
    21  a  school  [districts for which a judgment was made resulting from a tax

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06044-03-6

        A. 5429--A                          2


     1  certiorari proceeding which is larger  than  the  total  budget  of  the
     2  school  district  for school year two thousand seven--two thousand eight
     3  or for school districts] district which [have observed  a  reduction  of
     4  taxable  real  property of more than seventy-five percent between school
     5  year two thousand five--two thousand six and school  year  two  thousand
     6  eight--two thousand nine] has more than eighty-three percent of its real
     7  property  classified  as  tax  exempt  during  school  year two thousand
     8  sixteen--two thousand seventeen may benefit  from  temporary  additional
     9  assistance.
    10    c.  To  the  [Barker  central school district, there shall be paid one

    11  million three hundred thousand dollars ($1,300,000). Such grant shall be
    12  payable to the Barker central school district  in  accordance  with  the
    13  payment schedules contained in section thirty-six hundred nine-a of this
    14  article, notwithstanding any provision of law to the contrary.
    15    d.  To the Haverstraw-Stony Point central school district, there shall
    16  be paid two million five hundred  thousand  dollars  ($2,500,000).  Such
    17  grant  shall  be  payable  to  the Haverstraw-Stony Point central school
    18  district in accordance with the payment schedules contained  in  section
    19  thirty-six hundred nine-a of this article, notwithstanding any provision
    20  of law to the contrary] West Valley central school district, there shall

    21  be  paid  five  hundred thousand dollars ($500,000). Such grant shall be
    22  payable to the West Valley central school district  in  accordance  with
    23  the  payment schedules contained in section thirty-six hundred nine-a of
    24  this article, notwithstanding any provision of law to the contrary.
    25    § 2. This act shall take effect immediately.
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