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

                                   209

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. LANCMAN, PHEFFER, CLARK -- Multi-Sponsored by --
  M. of A. NOLAN -- read once and referred  to  the  Committee  on  Real
  Property Taxation

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  470
to read as follows:
  S  470.  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01235-01-1
              

A. 209                              2

  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:
  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.