The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9158
 
                           I N  A S S E M B L Y
 
                             January 31, 2022
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Local Governments
 
 AN  ACT  to repeal sections 2, 3, 4, and 5 of chapter 330 of the laws of
   2011 amending the town law relating to payments  for  certain  school,
   fire,  fire  protection, and ambulance districts for lands exempt from
   real property taxation for purposes which implement  the  Peconic  Bay
   community  preservation  fund; and providing for the repeal of certain
   provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Sections 2, 3, 4, and 5 of chapter 330 of the laws of 2011
 amending the town law relating to payments  for  certain  school,  fire,
 fire  protection,  and  ambulance  districts  for lands exempt from real
 property taxation for purposes which implement the Peconic Bay community
 preservation fund are REPEALED.
   § 2. Notwithstanding any provision of law to the contrary, a town  may
 make annual payments from its community preservation fund enacted pursu-
 ant  to  section  64-e of the town law to school, fire, fire protection,
 and ambulance districts. Such payments  may  be  made  to  mitigate  the
 impact of lost tax revenues from lands made wholly exempt as a result of
 their  acquisition  by  the  federal, state, or local government for the
 preservation of community character  as  defined  in  subdivision  4  of
 section  64-e  of the town law. Before approving such payments, the town
 board shall determine that the lost  tax  revenue  would  result  in  an
 extraordinary financial hardship to such districts.
   §  3.  Such payments made by a town pursuant to this act shall only be
 made for lands within such districts which are wholly exempt  from  real
 property  taxation  pursuant to the real property tax law that have been
 acquired by the federal government, state  government,  or  a  municipal
 corporation for community preservation purposes pursuant to section 64-e
 of  the  town law, whether or not said lands were actually acquired with
 community preservation  funds.  For  the  purposes  of  determining  the
 payment  to  each  eligible  district,  each  eligible  parcel  shall be
 assessed as provided for in the real property tax law. Such  assessments
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11918-02-2
 A. 9158                             2
 
 shall  be  approved  by commissioner of taxation and finance in the same
 manner as state lands, as provided for in subdivision 3 of  section  542
 of  the real property tax law. Such eligible parcels shall be reassessed
 annually.  The  town  shall  apply  each eligible district's tax rate to
 determine the maximum payment for each eligible parcel in that  district
 for each year.
   §  4.  Where  the  total annual budget appropriation by a town for the
 payments provided for by this act is less than  the  aggregate  payments
 for all districts, then the town shall apportion such annual payment for
 each  district  based on a percentage calculated as a proportion of each
 district's payment to the aggregate of payments  to  all  districts.  In
 such  case,  each  district  shall receive its proportional share of the
 budget appropriation. Such payment made by the town shall be used solely
 to reduce the property tax liability of the remaining taxpayers  of  the
 district  within  such  town.  Not  more  than  10  percent  of the fund
 collected in any fiscal year may be used for  the  purpose  outlined  in
 this  section.  The  last  fiscal  year  for which twelve full months of
 collected revenue is available shall be used to  determine  the  maximum
 appropriation  permitted  by this section. The maximum percentage of the
 fund to be appropriated for such payments for any year or years  may  be
 reduced  below  10  percent  by an election upon proposition pursuant to
 section 81 of the town law.
   § 5. The town board shall adopt an annual  plan  before  the  payments
 authorized  by  this  act  may be made. No monies from the fund shall be
 expended for such payments, except as approved in said plan.  Said  plan
 shall  specify  each parcel eligible for a payment and shall provide for
 the amount of payment for each eligible parcel for  the  current  fiscal
 year  as well as an estimate for the following fiscal year. In addition,
 such plan shall provide the assessed value of each eligible parcel. Said
 plan shall be approved and adopted by the  town  board  after  a  public
 hearing.
   §  6.  This act shall take effect immediately; provided, however, that
 sections two, three, four and five of  this  act  shall  expire  and  be
 deemed repealed December 31, 2050.