Senate Bill S5483

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

                                  5483

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen.  LARKIN -- 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,  in  relation  to  creating
  school  tax relief for property within a school district where a power
  plant  has  been  removed;  and  providing  for  the  repeal  of  such
  provisions upon expiration thereof

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

  Section 1. The real property tax  law  is  amended  by  adding  a  new
section 425-b to read as follows:
  S 425-B. ADDITIONAL SCHOOL TAX RELIEF (STAR) EXEMPTION. 1.  GENERALLY.
IN ADDITION TO THE EXEMPTIONS PROVIDED FOR IN SECTION FOUR HUNDRED TWEN-
TY-FIVE OF THIS TITLE, REAL PROPERTY WHICH SATISFIES THE REQUIREMENTS OF
THIS  SECTION  SHALL  BE  EXEMPT  FROM  TAXATION  FOR SCHOOL PURPOSES AS
PROVIDED HEREIN.
  2. EXEMPT AMOUNT. THE EXEMPT AMOUNT FOR EACH PROPERTY SHALL BE  TWENTY
THOUSAND DOLLARS OF ITS ASSESSED VALUE.
  3.  ELIGIBILITY REQUIREMENT. TO QUALIFY FOR EXEMPTION PURSUANT TO THIS
SECTION, THE PROPERTY MUST BE WITHIN A SCHOOL  DISTRICT  WHERE  A  POWER
PLANT  HAS  BEEN  PHYSICALLY  REMOVED BETWEEN TWO THOUSAND EIGHT AND THE
EFFECTIVE DATE OF THIS SECTION.
  4. PROCEDURE. ALL PROPERTY LOCATED WITHIN THE SCHOOL DISTRICT WHICH IS
ELIGIBLE UNDER SUBDIVISION THREE OF  THIS  SECTION  SHALL  AUTOMATICALLY
RECEIVE SUCH EXEMPTION.
  5. EFFECT OF EXEMPTION. THE EXEMPTION AUTHORIZED BY THIS SECTION SHALL
HAVE THE EFFECT SPECIFIED IN SECTION ONE THOUSAND THREE HUNDRED SIX-B OF
THIS  CHAPTER.  THE  EXEMPTION  SHALL NOT BE CONSIDERED WHEN DETERMINING
STATE AID TO EDUCATION PURSUANT TO SECTION THIRTY-SIX HUNDRED TWO OF THE
EDUCATION LAW, WHEN DETERMINING SCHOOL DISTRICT DEBT LIMITS PURSUANT  TO
LAW,  WHEN  DETERMINING THE AMOUNT OF TAXES TO BE LEVIED BY OR ON BEHALF
OF A SCHOOL DISTRICT, WHEN CALCULATING TAX RATES FOR A SCHOOL  DISTRICT,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09784-03-5
              

S. 5483                             2

WHEN  APPORTIONING  TAXES BETWEEN OR AMONG SCHOOL DISTRICTS, WHEN APPOR-
TIONING TAXES AMONG CLASSES IN A SPECIAL ASSESSING  UNIT  UNDER  ARTICLE
EIGHTEEN  OF THIS CHAPTER, OR WHEN APPORTIONING TAXES BETWEEN CLASSES IN
AN APPROVED ASSESSING UNIT UNDER ARTICLE NINETEEN OF THIS CHAPTER.
  6.  DURATION  OF  EXEMPTION. IN THE CASE OF PROPERTY WHICH IS ELIGIBLE
FOR THE EXEMPTION DESCRIBED IN THIS SECTION, ONCE GRANTED, SHALL  REMAIN
IN  EFFECT  UNTIL  A  NEW POWER PLANT OR ENERGY PROVIDING PLANT HAS BEEN
RE-ESTABLISHED WITHIN THE DISTRICT.
  7. DISCONTINUANCE OF EXEMPTION. THE  ASSESSOR  SHALL  DISCONTINUE  ANY
EXEMPTION  GRANTED  PURSUANT  TO  THIS  SECTION IF IT APPEARS THAT A NEW
POWER PLANT OR ENERGY PROVIDING PLANT HAS BEEN REESTABLISHED WITHIN  THE
DISTRICT.
  S  2.  The  real  property  tax law is amended by adding a new section
1306-b to read as follows:
  S 1306-B.  EFFECT OF ADDITIONAL SCHOOL  TAX  RELIEF  (STAR)  EXEMPTION
UPON  SCHOOL  DISTRICT TAXES; STATE AID. 1. LEVY OF TAXES; DETERMINATION
OF TAXES DUE.  THE AMOUNT OF TAXES TO BE  LEVIED  FOR  ANY  SCHOOL  YEAR
SHALL  BE  DETERMINED  WITHOUT REGARD TO THE FACT THAT STATE AID WILL BE
PAYABLE PURSUANT TO THIS SECTION. IN ADDITION,  THE  TAX  RATE  FOR  ANY
SCHOOL  YEAR SHALL BE DETERMINED AS IF NO PARCELS WERE EXEMPT FROM TAXA-
TION PURSUANT TO SECTION FOUR HUNDRED  TWENTY-FIVE-B  OF  THIS  CHAPTER.
HOWEVER,  THE  TAX  RATE  SO  DETERMINED SHALL BE APPLIED TO THE TAXABLE
ASSESSED VALUE OF  EACH  PARCEL  AFTER  ACCOUNTING  FOR  ALL  APPLICABLE
EXEMPTIONS,  INCLUDING  THE EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED
TWENTY-FIVE-B OF THIS CHAPTER.
  2. TAX SAVINGS. (A)(I) THE TAX SAVINGS FOR EACH PARCEL  RECEIVING  THE
EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED TWENTY-FIVE-B OF THIS CHAP-
TER  SHALL BE COMPUTED BY SUBTRACTING THE AMOUNT ACTUALLY LEVIED AGAINST
THE PARCEL FROM THE AMOUNT THAT WOULD HAVE BEEN LEVIED IF  NOT  FOR  THE
EXEMPTION.  IT SHALL BE THE RESPONSIBILITY OF THE COMMISSIONER TO CALCU-
LATE TAX SAVINGS LIMITATIONS FOR PURPOSES OF THIS SUBDIVISION.
  (II) WHERE A SCHOOL TAX RATE WAS CHANGED IN THE  MIDST  OF  THE  PRIOR
SCHOOL  YEAR,  AN  ANNUALIZED  SCHOOL  TAX  RATE  SHALL BE USED FOR THIS
PURPOSE. THE ANNUALIZED TAX RATE FOR THIS PURPOSE SHALL BE DETERMINED BY
CALCULATING THE AVERAGE OF THE TAX RATES  IN  EFFECT  AT  VARIOUS  TIMES
DURING  THE SCHOOL YEAR, WEIGHTED ACCORDING TO THE LENGTH OF TIME DURING
WHICH THEY WERE RESPECTIVELY APPLICABLE.
  (B) A STATEMENT SHALL THEN BE PLACED ON THE TAX BILL FOR THE PARCEL IN
SUBSTANTIALLY THE FOLLOWING FORM: "YOUR TAX SAVINGS THIS YEAR  RESULTING
FROM  THE  NEW  YORK  STATE  ADDITIONAL SCHOOL TAX RELIEF (STAR) PROGRAM
PURSUANT TO SECTION 425-B OF THE REAL PROPERTY TAX LAW IS $     ."
  3. STATE AID. (A) THE TOTAL TAX SAVINGS DULY PROVIDED BY  EACH  SCHOOL
DISTRICT  PURSUANT  TO THIS SECTION SHALL BE A STATE CHARGE, WHICH SHALL
BE PAYABLE AS PROVIDED HEREIN.
  (B) A SCHOOL DISTRICT SEEKING STATE AID PURSUANT TO THIS SECTION SHALL
SUBMIT AN APPLICATION THEREFOR  TO  THE  COMMISSIONER.  THE  APPLICATION
SHALL INCLUDE SUCH INFORMATION AS THE COMMISSIONER SHALL REQUIRE.
  (C)  UPON  APPROVING  AN  APPLICATION  FOR  STATE AID PURSUANT TO THIS
SECTION, THE COMMISSIONER SHALL COMPUTE AND CERTIFY TO THE  COMMISSIONER
OF  EDUCATION THE AMOUNTS PAYABLE TO THE SCHOOL DISTRICT. SUCH STATE AID
SHALL BE PAYABLE UPON THE AUDIT AND WARRANT  OF  THE  STATE  COMPTROLLER
FROM  VOUCHERS  CERTIFIED AND APPROVED BY THE COMMISSIONER OF EDUCATION,
AS PROVIDED BY SECTION THIRTY-SIX HUNDRED NINE-E OF THE  EDUCATION  LAW,
AS APPLICABLE.
  (D)  THE  COMMISSIONER MAY AUDIT AN APPLICATION FOR STATE AID PURSUANT
TO THIS SECTION WITHIN ONE YEAR AFTER AUTHORIZING  PAYMENT  THEREON.  IF

S. 5483                             3

THE  COMMISSIONER  SHOULD DISCOVER THAT A SCHOOL DISTRICT HAS RECEIVED A
GREATER OR LESSER AMOUNT OF SUCH AID THAN IT SHOULD HAVE  RECEIVED,  THE
COMMISSIONER  SHALL  SO  NOTIFY THE SCHOOL DISTRICT, AND SHALL CAUSE THE
NEXT  PAYMENT  OF SUCH AID TO THE SCHOOL DISTRICT TO BE ADJUSTED ACCORD-
INGLY.
  (E) WHEN AN IMPROPERLY GRANTED  EXEMPTION  HAS  BEEN  REVOKED  IN  THE
MANNER  PROVIDED  BY SECTION FOUR HUNDRED TWENTY-FIVE-B OF THIS CHAPTER,
THE AID PAYABLE TO THE SCHOOL DISTRICT PURSUANT TO THIS SECTION SHALL BE
REDUCED  BY  THE  AMOUNT  OF  THE  TAXES  ATTRIBUTABLE  TO  THE  REVOKED
EXEMPTION.
  4. INSTALLMENT PAYMENTS. WHEN SCHOOL TAXES ARE PAYABLE IN INSTALLMENTS
PURSUANT  TO  LAW,  THE  TAX  SAVINGS  PROVIDED BY THIS SECTION SHALL BE
APPLIED PROPORTIONALLY AGAINST THE RESPECTIVE INSTALLMENTS.
  5. UNTIMELY PAYMENT OF TAXES.(A) WHEN TAXES ON  A  PROPERTY  RECEIVING
THE  EXEMPTION  AUTHORIZED BY SECTION FOUR HUNDRED TWENTY-FIVE-B OF THIS
CHAPTER ARE NOT PAID IN A TIMELY MANNER,  INTEREST,  PENALTIES  AND  ANY
OTHER  APPLICABLE  CHARGES SHALL BE IMPOSED ONLY AGAINST THE BALANCE DUE
AFTER THE TAX SAVINGS PROVIDED BY THIS SECTION HAVE BEEN  DEDUCTED  FROM
THE TAXES OWED.
  (B)  WHEN  A  COUNTY,  CITY  OR  TOWN  IS REQUIRED BY SECTION THIRTEEN
HUNDRED THIRTY OR THIRTEEN HUNDRED THIRTY-TWO OF THIS CHAPTER, OR BY ANY
OTHER GENERAL OR SPECIAL LAW, TO MAKE A PAYMENT TO A SCHOOL DISTRICT  ON
ACCOUNT OF UNPAID SCHOOL TAXES, THE TAX SAVINGS PROVIDED BY THIS SECTION
SHALL BE DEDUCTED FROM THE AMOUNT SO PAYABLE.
  6.  INCONSISTENT LAWS SUPERSEDED. THE PROVISIONS OF THIS SECTION SHALL
APPLY TO ALL SCHOOL DISTRICTS, NOTWITHSTANDING ANY PROVISION OF  LAW  TO
THE CONTRARY.
  S  3.  This  act shall take effect immediately and shall expire and be
deemed repealed 10 years after such date.