senate Bill S6900

Enacts the "sewage flooding prevention act"

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 27 / Mar / 2014
    • REFERRED TO CITIES

Summary

Enacts the "sewage flooding prevention act"; authorizes certain homeowners and not-for-profit agencies in New York City to receive an abatement of real property taxes up to two thousand dollars for the cost of installing sewer improvement check valve devices on certain dwellings; directs the New York City department of environmental protection to promulgate any necessary rules and regulations.

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Bill Details

See Assembly Version of this Bill:
A2342
Versions:
S6900
Legislative Cycle:
2013-2014
Current Committee:
Senate Cities
Law Section:
Real Property Tax Law
Laws Affected:
Add §471, RPT L; amd §24-514, NYC Ad Cd
Versions Introduced in Previous Legislative Cycles:
2013-2014: A1300, S1300
2011-2012: A2928, S1617, S2617, A209, S2617
2009-2010: A7283, S1735B, S61, A1255A, S1735B
2007-2008: A11539, S6539, A9550, S6539

Sponsor Memo

BILL NUMBER:S6900

TITLE OF BILL: An act to amend the real property tax law and the
administrative code of the city of New York, in relation to enacting
the "sewage flooding prevention act"

PURPOSE:

To amend the real property tax law, in relation to authorizing certain
homeowners and nonprofit institutions in New York City receive a tax
abatement of up to two thousand dollars for the installation of sewer
line "(check valves)" to prevent sewage backflow.

SUMMARY OF PROVISIONS:

The real property tax law is amended to add section 470 to provide
homeowners and nonprofit institutions in New York City with an
abatement of up to fifty percent (up to two thousand dollars) towards
the cost of installing a sewer line check valve to prevent sewage
backflow. For homeowners the abatement will be a credit against their
property tax, while for nonprofit organizations the abatement will be
a credit against their sewer and water bill.

JUSTIFICATION:

Many residential properties and nonprofit institutions in New York
City experience sewage backflow during rainstorms due to the City's
failure to develop its sewer system infrastructure to keep pace with
the City's growth. Until the City makes the massive infrastructure
improvements necessary to solve this problem, homeowners can prevent
raw sewage backflow by installing a sewer line check valve.
Unfortunately, this essential mitigation device is expensive, making
it unattainable for many homeowners and nonprofit groups. A tax
abatement is necessary to make the check valve affordable.

PRIOR LEGISLATIVE HISTORY:

2013-2014: A02342 (Rozic) - Real Property
2012: A00209 (Lancman) - Real Property Taxation
2011: A00209 (Lancman) - Real Property Taxation
2010: A01255A (Lancman) - Real Property Taxation
2009: A01255A (Lancman) - Ways & Means
2008: A09550 (Lancman) - Real Property Taxation
2007: A09550 (Lancman) - Real Property Taxation

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6900

                            I N  S E N A T E

                             March 27, 2014
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend the real property tax law and the administrative code of
  the city of New York, in relation to  enacting  the  "sewage  flooding
  prevention act"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "sewage flooding prevention act".
  S  2. The real property tax law is amended by adding a new section 471
to read as follows:
  S 471. ABATEMENT OF TAXES FOR THE INSTALLATION  OF  CHECK  VALVES  FOR
SEWER  IMPROVEMENTS  IN CITIES WITH A POPULATION OF ONE MILLION OR MORE.
1. IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, ANY  OWNER  OF  A
DWELLING  WHO INSTALLS A CHECK VALVE DEVICE TO PREVENT SEWAGE FROM BACK-
FLOWING INTO SUCH DWELLING SHALL RECEIVE AN ABATEMENT OF TAXES  ON  SUCH
REAL  PROPERTY EQUALING ONE-HALF, UP TO TWO THOUSAND DOLLARS TOWARDS THE
COST OF PURCHASING AND INSTALLING SUCH DEVICE.
  2. ANY NOT-FOR-PROFIT ENTITY WHICH OWNS A BUILDING OF ANY  TYPE  OR  A
DWELLING  IN  A  CITY WITH A POPULATION OF ONE MILLION OR MORE AND WHICH
INSTALLS A CHECK VALVE DEVICE TO PREVENT SEWAGE FROM  BACK-FLOWING  INTO
SUCH  BUILDING OR DWELLING SHALL RECEIVE AN ABATEMENT OF WATER AND SEWER
CHARGES EQUALING ONE-HALF OF THE COST OF PURCHASING AND INSTALLING  SUCH
DEVICE, UP TO TWO THOUSAND DOLLARS.
  3.  FOR  THE  PURPOSES OF THIS SECTION, THE TERM "DWELLING" SHALL MEAN
ANY BUILDING, STRUCTURE OR PORTION THEREOF WHICH IS OCCUPIED IN WHOLE OR
IN PART AS A HOME, RESIDENCE OR SLEEPING PLACE FOR  ONE  OR  MORE  HUMAN
BEINGS.
  4.  THE  NEW  YORK  CITY  DEPARTMENT OF ENVIRONMENTAL PROTECTION SHALL
PROMULGATE ANY RULES AND REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF
THIS SECTION, INCLUDING BUT  NOT  LIMITED  TO,  IDENTIFYING  APPROPRIATE
CHECK VALVE SYSTEMS.
  S 3. Subdivision e of section 24-514 of the administrative code of the
city of New York is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04193-01-3

S. 6900                             2

  e.  Exemptions from sewer rents or charges. Any real property which is
entitled to an exemption from the payment  of  water  rents  or  charges
shall  also be exempt from payment of the sewer rents or charges imposed
hereunder. IN ADDITION, ANY NOT-FOR-PROFIT ENTITY WHICH OWNS A  BUILDING
OF  ANY TYPE OR A DWELLING IN A CITY WITH A POPULATION OF ONE MILLION OR
MORE AND WHICH INSTALLS A CHECK VALVE  DEVICE  TO  PREVENT  SEWAGE  FROM
BACK-FLOWING  INTO  SUCH BUILDING OR DWELLING SHALL RECEIVE AN ABATEMENT
OF WATER AND SEWER CHARGES EQUALING ONE-HALF OF THE COST  OF  PURCHASING
AND  INSTALLING  SUCH  DEVICE,  UP  TO  TWO  THOUSAND DOLLARS.   FOR THE
PURPOSES OF THIS SUBDIVISION, THE TERM "DWELLING" SHALL MEAN ANY  BUILD-
ING,  STRUCTURE OR PORTION THEREOF WHICH IS OCCUPIED IN WHOLE OR IN PART
AS A HOME, RESIDENCE OR SLEEPING PLACE FOR ONE OR MORE HUMAN BEINGS.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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