STATE OF NEW YORK
________________________________________________________________________
2887
2011-2012 Regular Sessions
IN ASSEMBLY
January 20, 2011
___________
Introduced by M. of A. MORELLE, HOYT -- Multi-Sponsored by -- M. of A.
COOK, DESTITO -- read once and referred to the Committee on Real Prop-
erty Taxation
AN ACT to amend the real property tax law, in relation to providing an
exemption against fiber optic cable assessments for telecommunications
companies
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The real property tax law is amended by adding a new
2 section 431 to read as follows:
3 § 431. Fiber optic cable. 1. For purposes of this section, the term
4 "telecommunications company" shall mean a company engaged in the
5 creation, display, management, storage, processing, transmission or
6 distribution, for compensation, of images, text, voice or data by wire
7 or by wireless means, or engaged in the construction, design, develop-
8 ment, manufacture, maintenance or distribution, for compensation, of
9 devices, products, software or structures for use in connection with
10 such images, text, voice or data.
11 2. All fiber optic cables owned by a telecommunication company,
12 whether located on public or private property, and installed for
13 purposes of distributing broadband technology shall be exempt from real
14 property taxes, levies and assessments as follows:
15 (i) for the first through fifth year that such cable is installed,
16 such exemption shall be one hundred percent of the assessed value of the
17 property;
18 (ii) for the sixth year that such cable is installed, such exemption
19 shall be eighty percent of the assessed value of the property;
20 (iii) for the seventh year that such cable is installed, such
21 exemption shall be sixty percent of the assessed value of the property;
22 (iv) for the eighth year that such cable is installed, such exemption
23 shall be forty percent of the assessed value of the property;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05787-02-1
A. 2887 2
1 (v) for the ninth year that such cable is installed, such exemption
2 shall be twenty percent of the assessed value of the property;
3 (vi) for the tenth and subsequent years that such cable is installed,
4 there shall be no such exemption.
5 3. The commissioner is hereby authorized and directed to promulgate
6 rules and regulations necessary for the implementation of this section.
7 § 2. This act shall take effect immediately and shall apply to assess-
8 ment rolls prepared on the basis of taxable status dates occurring on or
9 after such date and shall apply to fiber optic cables installed during
10 the period beginning on such effective date and ending December 31,
11 2020.
