S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4284
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
   tee on Real Property Taxation
 
 AN ACT to amend the real property tax  law,  in  relation  to  providing
   state aid to certain public school districts in which tax exempt enti-
   ties  are  situated;  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 546-a to read as follows:
   § 546-A. STATE AID; EXEMPT LANDS OF TAX EXEMPT  ENTITIES.  1.  IN  ANY
 PUBLIC  SCHOOL  DISTRICT  IN  WHICH MORE THAN TWENTY-FIVE PERCENT OF THE
 TOTAL ASSESSED VALUE OF REAL PROPERTY  THEREIN,  AS  DETERMINED  BY  THE
 ASSESSOR  OF  SUCH  DISTRICT, IS OWNED BY TAX EXEMPT ENTITIES, THE STATE
 SHALL MAKE PAYMENTS TO THOSE PUBLIC SCHOOL DISTRICTS IN ACCORDANCE  WITH
 THIS SECTION.
   2.  THE  COMMISSIONER  SHALL  CREATE  THE FORM OF APPLICATION A PUBLIC
 SCHOOL DISTRICT MUST USE WHEN  MAKING  A  SUBMISSION  PURSUANT  TO  THIS
 SECTION.  THE  COMMISSIONER  SHALL  ALSO ESTABLISH THE DATE BY WHICH ALL
 APPLICATIONS MUST BE SUBMITTED. NO APPLICATIONS  FOR  PAYMENT  SHALL  BE
 ACCEPTED AFTER THE DATE ESTABLISHED BY THE COMMISSIONER.
   3.  THE COMMISSIONER SHALL MAKE PAYMENTS, THE AGGREGATE OF WHICH SHALL
 NOT EXCEED TWO MILLION FIVE  HUNDRED  THOUSAND  DOLLARS  PER  YEAR,  PER
 PUBLIC  SCHOOL  DISTRICT,  ELIGIBLE  PURSUANT TO SUBDIVISION ONE OF THIS
 SECTION, THAT HAVE MADE  TIMELY  APPLICATION  THEREFOR.  FOR  EACH  SUCH
 PUBLIC SCHOOL DISTRICT, THE PAYMENT SHALL BE COMPUTED AS FOLLOWS:
   (A)  SCHOOL  DISTRICTS  WHERE  MORE  THAN  FORTY  PERCENT OF THE TOTAL
 ASSESSED VALUE OF REAL PROPERTY THEREIN IS OWNED BY TAX EXEMPT  ENTITIES
 SHALL  RECEIVE  A  MAXIMUM  OF  FIVE  HUNDRED  THOUSAND  DOLLARS; SCHOOL
 DISTRICTS WHERE MORE THAN FORTY-FIVE PERCENT OF THE TOTAL ASSESSED VALUE
 OF REAL PROPERTY THEREIN IS OWNED BY TAX EXEMPT ENTITIES SHALL RECEIVE A
 MAXIMUM OF SEVEN HUNDRED FIFTY THOUSAND DOLLARS; SCHOOL DISTRICTS  WHERE
 MORE  THAN  FIFTY  PERCENT  OF THE TOTAL ASSESSED VALUE OF REAL PROPERTY
 THEREIN IS OWNED BY TAX EXEMPT ENTITIES SHALL RECEIVE A MAXIMUM  OF  ONE
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08321-01-9

 A. 4284                             2

 MILLION  DOLLARS; SCHOOL DISTRICTS WHERE MORE THAN FIFTY-FIVE PERCENT OF
 THE TOTAL ASSESSED VALUE OF REAL PROPERTY THEREIN IS OWNED BY TAX EXEMPT
 ENTITIES SHALL RECEIVE A MAXIMUM OF ONE MILLION  FIVE  HUNDRED  THOUSAND
 DOLLARS;  SCHOOL  DISTRICTS  WHERE  MORE THAN SIXTY PERCENT OF THE TOTAL
 ASSESSED VALUE OF REAL PROPERTY THEREIN IS OWNED BY TAX EXEMPT  ENTITIES
 SHALL  RECEIVE  A  MAXIMUM  OF TWO MILLION DOLLARS; AND SCHOOL DISTRICTS
 WHERE MORE THAN SIXTY-FIVE PERCENT OF THE TOTAL ASSESSED VALUE  OF  REAL
 PROPERTY THEREIN IS OWNED BY TAX EXEMPT ENTITIES SHALL RECEIVE A MAXIMUM
 OF TWO MILLION FIVE HUNDRED THOUSAND DOLLARS;
   (B) MULTIPLY THE MAXIMUM ENTITLEMENT FOR EACH HIGH NEEDS RURAL, SUBUR-
 BAN, OR URBAN SCHOOL DISTRICT, AS DETERMINED BY THE DEPARTMENT OF EDUCA-
 TION,  BY  1;  MULTIPLY  THE  MAXIMUM  ENTITLEMENT  FOR  EACH ROCHESTER,
 BUFFALO, SYRACUSE, YONKERS, NEW  YORK  CITY,  OR  AVERAGE  NEEDS  SCHOOL
 DISTRICT, AS DETERMINED BY THE DEPARTMENT OF EDUCATION, BY 0.5; MULTIPLY
 THE  MAXIMUM  ENTITLEMENT  FOR EACH LOW NEEDS SCHOOL DISTRICT, AS DETER-
 MINED BY THE DEPARTMENT OF EDUCATION, BY 0;
   (C) FOR SCHOOL DISTRICTS WITH MORE THAN EIGHT HUNDRED FIFTY  STUDENTS,
 MULTIPLY  THAT FIGURE BY 1; FOR SCHOOL DISTRICTS WITH TWO HUNDRED EIGHTY
 TO EIGHT HUNDRED FORTY-NINE STUDENTS, MULTIPLY THAT FIGURE BY  0.7;  FOR
 SCHOOL  DISTRICTS WITH TWO HUNDRED SEVENTY-NINE STUDENTS OR LESS, MULTI-
 PLY THAT FIGURE BY 0.4;
   (D) AT THE END OF EACH FISCAL YEAR THE  COMMISSIONER  SHALL  CALCULATE
 AND  ESTABLISH  AN  ADJUSTED  REIMBURSEMENT  RATE BY INCREASING THE THEN
 CURRENT REIMBURSEMENT RATE BY THE RATE OF INFLATION FOR THE MOST  RECENT
 TWELVE  MONTH PERIOD USING THE CONSUMER PRICE INDEX-ALL URBAN CONSUMERS,
 OR A SUCCESSOR INDEX AS CALCULATED BY THE UNITED  STATES  DEPARTMENT  OF
 LABOR,  IF  SUCH  RATE OF INFLATION IS GREATER THAN ZERO PERCENT, OR, IF
 GREATER, SUCH OTHER WAGE AS MAY BE ESTABLISHED BY FEDERAL  LAW  PURSUANT
 TO  29 U.S.C. SECTION 206 OR ITS SUCCESSORS OR SUCH OTHER WAGE AS MAY BE
 ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
   4. THE COMMISSIONER SHALL PROMULGATE ALL RULES AND REGULATIONS  NECES-
 SARY FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION.
   5.  WHEN  CALCULATING THE ASSESSED VALUE OF ANY PARCEL OF PROPERTY FOR
 PURPOSES OF THIS SECTION, THE VALUE IN ANY YEAR MAY NOT BE GREATER  THAN
 THE  BASE YEAR PLUS TWO PERCENT FOR EACH ADDITIONAL YEAR BEYOND THE BASE
 YEAR. THE BASE YEAR FOR ALL PROPERTY FOR PURPOSES OF THIS SECTION  SHALL
 BE  THE  ASSESSED VALUE OF SUCH PROPERTY FOR THE TWO THOUSAND EIGHTEEN--
 TWO THOUSAND NINETEEN ASSESSMENT ROLL.
   6. THE ASSESSED VALUE OF ANY PROPERTY THAT RECEIVES TAX EXEMPT  STATUS
 AFTER THE EFFECTIVE DATE OF THIS SECTION MUST BE EQUIVALENT TO SIMILARLY
 SITUATED PARCELS. THE COMMISSIONER MAY REFUSE TO INCLUDE A PARCEL IN THE
 CALCULATIONS  REQUIRED  BY  THIS  SECTION IF THE COMMISSIONER DETERMINES
 THAT THE  ASSESSED  VALUE  OF  SUCH  PARCEL  IS  ARTIFICIALLY  HIGH  AND
 DISPROPORTIONATE TO THE TAXABLE PARCELS LOCATED WITHIN THE PUBLIC SCHOOL
 DISTRICTS.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a  law  and  shall  apply  to
 assessment rolls prepared on the basis of taxable status dates occurring
 on or after the first of July next succeeding the date on which this act
 shall  have  become  a  law.    This act shall expire 5 years after such
 effective date when upon such date the provisions of this act  shall  be
 deemed  repealed.    Effective  immediately,  any  rules and regulations
 necessary to implement the provisions of this act on its effective  date
 are authorized to be made on or before such date.