Relates to exempting certain non-profit community gardens from payment for water usage and supply; exempts non-profit community gardens located on property in the city of New York and registered with and licensed by such city's department of parks and recreation from payment for water usage and supply.
STATE OF NEW YORK
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6638--A
2019-2020 Regular Sessions
IN SENATE
July 29, 2019
___________
Introduced by Sen. MONTGOMERY -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend chapter 696 of the laws of 1887 relating to providing
hospitals, orphan asylums and other charitable institutions in the
city of New York with water and remitting assessments therefor, in
relation to exempting certain non-profit community gardens from
payment for water usage and supply
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1 of chapter 696 of the laws of 1887 relating to
2 providing hospitals, orphan asylums and other charitable institutions in
3 the city of New York with water and remitting assessments therefor, as
4 amended by chapter 950 of the laws of 1983, is amended to read as
5 follows:
6 [§] Section 1. Except as otherwise provided in section three of this
7 act, the several hospitals, dispensaries, orphan asylums, registered
8 volunteer ambulance corps, homes for the aged, non-profit community
9 gardens located on property in the city of New York and registered with
10 and licensed by such city's department of parks and recreation, houses
11 or homes for the reformation, protection or shelter of females, day
12 nurseries or corporations or societies for the care and instruction of
13 poor babies and needy children, any corporation which was created by an
14 act of congress of the United States to be non-profit and without capi-
15 tal stock and organized exclusively for the purpose of furnishing volun-
16 teer aid to the sick and wounded of armies in time of war and to contin-
17 ue and carry on a system of national international relief in time of
18 peace and to mitigate the suffering caused by fire, floods and other
19 great national calamities, and industrial homes, and any benevolent or
20 charitable corporation owning or maintaining an institution for medical
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13499-02-9
S. 6638--A 2
1 research, public baths, for free school societies or free circulating
2 libraries or veteran firemen's associations, and any social settlement,
3 whether incorporated or unincorporated, which shall own or lease for a
4 term not less than three years a building or buildings devoted exclu-
5 sively to the purposes of such social settlement work or any religious
6 society owning or leasing for a period of not less than three years a
7 building devoted exclusively to social settlement work, now existing or
8 hereafter established in the city of New York, or the real estate owned
9 by any religious corporation located in the city of New York as now
10 constituted, actually dedicated and used by such corporation exclusively
11 as a place of public worship, or the real estate used exclusively for
12 education through and including the twelfth grade which is owned by any
13 corporation or association entitled to exemption under the provisions of
14 paragraph (a) of subdivision one of section four hundred twenty-a of the
15 real property tax law, or the real estate owned by an association of
16 honorably discharged soldiers, sailors, or marines, devoted exclusively
17 to patriotic and charitable purposes, are hereby exempted from the
18 payment of any sum of money whatever to said city, for the use of water
19 taken by same from said city, and water shall be supplied to the same by
20 said city, in sufficient quantity for all purposes for which it is now
21 used by said corporations, societies and institutions, or which may be
22 necessary to be used by the same, free of all charge whatsoever, and the
23 real estate necessarily used for any hospital, dispensary, institution
24 for medical research, orphan asylum, registered volunteer ambulance
25 corps, home for the aged, free school or free circulating library,
26 veteran firemen's association, house or home for reformation, protection
27 or shelter of females, day nurseries or corporations or societies for
28 the care and instruction of poor babies and needy children, or any
29 corporation which was created by an act of the congress of the United
30 States to be non-profit and without capital stock and organized exclu-
31 sively for the purpose of furnishing volunteer aid to the sick and
32 wounded of armies in time of war and to continue and carry on a system
33 of national and international relief in time of peace and to mitigate
34 the suffering caused by fire, floods and other great national calami-
35 ties, or industrial homes, or social settlements maintained or conducted
36 by any incorporated or unincorporated social settlement, church or reli-
37 gious society, or occupied for such public bath, owned or leased for a
38 term of not less than three years, or held under any renewal or exten-
39 sion of such lease by any such corporation, societies and institutions
40 aforesaid, or the real estate owned by any religious corporation located
41 in the city of New York, as now constituted, actually dedicated and used
42 by such corporation exclusively as a place of public worship, or the
43 real estate used exclusively for education through and including the
44 twelfth grade which is owned by any corporation or association entitled
45 to exemption under the provisions of paragraph (a) of subdivision one of
46 section four hundred twenty-a of the real property tax law, or the real
47 estate used exclusively by non-profit community gardens located on prop-
48 erty in the city of New York and registered with and licensed by such
49 city's department of parks and recreation, is hereby released,
50 discharged and exempted from all lien and charge for water heretofore
51 used or which may hereafter be used by any such institution, society or
52 corporation. Notwithstanding the foregoing provisions, the mayor of the
53 city of New York, by executive order, may provide that such institution,
54 society or corporation shall not be exempt from payment for the use and
55 supply of water, except that such executive order shall apply only with
56 respect to those institutions, societies or corporations who are eligi-
S. 6638--A 3
1 ble to receive reimbursement from either the United States, the state of
2 New York, or the city of New York, or any agency thereof, for payments
3 for the use and supply of water.
4 § 2. This act shall take effect immediately.