senate Bill S1300

2013-2014 Legislative Session

Enacts the "sewage flooding prevention act"

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Archive: Last Bill Status - STRICKEN


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 14, 2013 recommit, enacting clause stricken
Jan 09, 2013 referred to local government

S1300 - Bill Details

See Assembly Version of this Bill:
A2342
Current Committee:
Law Section:
Real Property Tax Law
Laws Affected:
Add §471, RPT L; amd §24-514, NYC Ad Cd
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1617, S2617, A209
2009-2010: S1735B, S61, A1255A

S1300 - Bill Texts

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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.

view sponsor memo
BILL NUMBER:S1300

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

SUMMARY OF SPECIFIC PROVISIONS: The real property tax
law is amended
to add section 471 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:
This legislation was previously introduced.

FISCAL IMPLICATIONS: A local fiscal note has been
requested.

EFFECTIVE DATE: 180 days after is shall have become
law.

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

                                  1300

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

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

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

S. 1300                             2

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.

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