A05575 Summary:

BILL NOA05575
 
SAME ASNo same as
 
SPONSOROaks (MS)
 
COSPNSRCalhoun, Hawley, Kolb, Townsend
 
MLTSPNSRBacalles, Barclay, Barra, Butler, Crouch, Duprey, Errigo, Finch, Fitzpatrick, Jordan, McDonough, Miller J, Molinaro, O'Mara, Rabbitt, Sayward, Scozzafava, Thiele
 
Amd S606, Tax L; add S15-2915, En Con L; add S99-q, St Fin L
 
Establishes "rural freshwater improvement and protection program" which provides for upgrading, repairing and replacing septic systems; directs DEC to prepare model ordinances for towns and villages; sets up revolving loan fund for homeowners to conform; also provides tax credit to homeowner.
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A05575 Actions:

BILL NOA05575
 
02/13/2009referred to ways and means
01/06/2010referred to ways and means
07/01/2010held for consideration in ways and means
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A05575 Floor Votes:

There are no votes for this bill in this legislative session.
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A05575 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5575
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 13, 2009
                                       ___________
 
        Introduced  by M. of A. OAKS, CALHOUN, HAWLEY, KOLB, TOWNSEND, WALKER --
          Multi-Sponsored by -- M.  of  A.  BACALLES,  BARCLAY,  BARRA,  BUTLER,
          CROUCH, DUPREY, ERRIGO, FINCH, FITZPATRICK, JORDAN, McDONOUGH, MILLER,
          MOLINARO,  O'MARA,  RABBITT,  SAYWARD, SCOZZAFAVA, THIELE -- read once
          and referred to the Committee on Ways and Means
 

        AN ACT to amend the tax law, the environmental conservation law and  the
          state  finance  law,  in relation to establishing the rural freshwater
          improvement and protection program
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  606  of  the  tax law is amended by adding a new
     2  subsection (u) to read as follows:
     3    (u) Deduction for septic system upgrades, replacements or repairs.   A
     4  taxpayer  shall  be  allowed a deduction against the tax imposed by this
     5  article. The amount of the deduction shall be the actual  cost  incurred
     6  by  the  taxpayer  in making septic system upgrades, repairs or replace-
     7  ments to the taxpayer's primary or secondary residence.    The  upgrade,

     8  repairs  or  replacement  shall  be  in  accordance with a septic system
     9  inspection program approved by the municipality in which  the  residence
    10  is located.
    11    §  2.  The  environmental  conservation law is amended by adding a new
    12  section 15-2915 to read as follows:
    13  § 15-2915. Rural freshwater improvement and protection program.
    14    1. The department or any local soil and water conservation district at
    15  the direction of the department  shall  create  proposed  septic  system
    16  ordinances to be adopted by any town or village of the state which ordi-
    17  nances shall direct upgrades, repairs or replacements of existing septic
    18  systems.
    19    2.  A  revolving  loan  fund  is hereby created to be disbursed at the

    20  direction of the commissioner to county soil and conservation  districts
    21  containing  municipalities  which  have  adopted  ordinances pursuant to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07047-01-9

        A. 5575                             2
 
     1  subdivision one of this section,  which  county  soil  and  conservation
     2  districts  may  make  loans  to homeowners who can demonstrate financial
     3  need to make upgrades, repairs or replacements to septic systems as  set
     4  forth in subdivision one of this section.  Such loans which shall be due
     5  and payable within ten years or upon sale of the property.

     6    3.  The  department  shall at the direction of the commissioner make a
     7  one-time grant to any town or village  of  this  state  which  adopts  a
     8  septic  system  ordinance  approved by the department for the purpose of
     9  developing and carrying out a  comprehensive  septic  system  inspection
    10  program.
    11    §  3. The state finance law is amended by adding a new section 99-q to
    12  read as follows:
    13    § 99-q. Rural freshwater improvement and protection program  fund.  1.
    14  There  is  hereby  established  in  the joint custody of the state comp-
    15  troller and the commissioner of taxation and finance a special  fund  to
    16  be  known  as  the  "rural freshwater improvement and protection program
    17  fund".

    18    2. The fund shall consist of all monies appropriated for its purpose.
    19    3. Moneys of the fund, following appropriation by the legislature, may
    20  be expended in accordance with  section  15-2915  of  the  environmental
    21  conservation law.
    22    §  4. This act shall take effect on the first of January next succeed-
    23  ing the date on which it shall have become a law.
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