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A08790 Summary:

BILL NOA08790
 
SAME ASSAME AS S06949
 
SPONSORMontesano
 
COSPNSRRa, McDonough, Errigo, Giglio, Lavine
 
MLTSPNSRBlankenbush
 
Amd 485-d, RPT L
 
Provides that real property owned by private water-works corporations shall be wholly or partially exempt from taxation.
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A08790 Actions:

BILL NOA08790
 
11/27/2017referred to real property taxation
01/03/2018referred to real property taxation
06/05/2018held for consideration in real property taxation
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A08790 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8790
 
SPONSOR: Montesano (MS)
  TITLE OF BILL: An act to amend the real property tax law, in relation to privately owned water-works corporations   PURPOSE: This legislation would exempt real estate owned by private water-works corporations from taxation   SUMMARY OF PROVISIONS: Section 485-d of the real property tax law, as added by chapter 726 of the laws of 1985, is amended to exempt real estate owned by private water-works corporations from taxation provided that the local legisla- tive body adopts a local law providing for such exemption.   JUSTIFICATION: In May 2017, the New York State Public Service Commission (PSC) granted New York American Water a rate increase for the next four consecutive years. These increases range from 1 percent to as high as 9.6 percent. Owing to a dramatic increase in property tax assessment of 60% by the Office of Real Property Tax Services, this has caused some customer water bills to be between $500 to $700 per month. New York American Water is a private company that services 120,000 households and businesses in Nassau County. Unlike public water utili- ties in New York State, American Water pays property taxes and passes that expense to their customers in their water bills. This combination of a draconian rate increase and the practice of pass- ing the companies taxes on to the backs of their ratepayers has created a dramatic spike in water bills. Residents who live in private water utility serviced areas have no choice in their water provider. These customers deserve to receive the same benefit that customers of munici- pally owned water districts enjoy. Water is an essential component to life, it is not an option. This legislation is necessary to provide the customers of the private owned water company's equal protection as provided by our Federal and New York State constitutions. It will create parity between public water utilities and private water utilities by exempting real estate owned by private water-works corporations from taxation.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This act shall take effect immediately.
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A08790 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8790
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    November 27, 2017
                                       ___________
 
        Introduced  by  M.  of A. MONTESANO, RA -- read once and referred to the
          Committee on Real Property Taxation
 
        AN ACT to amend the real property tax  law,  in  relation  to  privately
          owned water-works corporations
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 485-d of the real property tax  law,  as  added  by
     2  chapter 726 of the laws of 1985, is amended to read as follows:
     3    § 485-d. Water-works corporations. 1. Real property situated in a city
     4  with  a  population of one million or more owned by a water-works corpo-
     5  ration subject to the provisions of the  public  service  law  and  used
     6  exclusively  for  the  sale,  furnishing  and  distribution of water for
     7  domestic, commercial and public purposes, shall be wholly  or  partially
     8  exempt  from  taxation  provided that the local legislative body of such
     9  city within which such property  is  situated  adopts  a  local  law  so
    10  providing.
    11    2. Real property owned by a private water-works corporation subject to
    12  the  provisions  of  the public service law and used exclusively for the
    13  sale, furnishing and distribution of water for domestic, commercial  and
    14  public  purposes,  shall  be  wholly  or  partially exempt from taxation
    15  provided that the local legislative body of  such  city,  county,  town,
    16  village or school district within which such property is situated adopts
    17  a local law so providing.
    18    § 2. This act shall take effect immediately.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13739-02-7
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