NY State Senate Bill 2021-S8025

Senate Bill S8025

2021-2022 Legislative Session

Relates to certain payments for lands exempt from real property taxation for purposes which implement the Peconic Bay community preservation fund; repealer

download bill text pdf

Archive: Last Bill Status Via A9158 - Passed Senate

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 02, 2022	returned to assembly passed senate 3rd reading cal.1897 substituted for s8025
Jun 02, 2022	substituted by a9158 ordered to third reading cal.1897 committee discharged and committed to rules
Jan 20, 2022	referred to local government

Votes

- Jun 2, 2022 - Floor Vote
  A9158
  
  60
  
  Aye
  
  3
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 2, 2022
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      nay (3)
      
      Mannion
      
      Reichlin-Melnick
      
      Skoufis
  Jun 2, 2022 - Rules Committee Vote
  S8025
  
  19
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 2, 2022
      
      aye (19)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      Ortt
      
      Parker
      
      Ritchie
      
      Savino
      
      Stewart-Cousins
      
      aye wr (1)
      
      Sepúlveda
      
      absent (1)
      
      O'Mara

2021-S8025 (ACTIVE) - Details

See Assembly Version of this Bill:: A9158
Law Section:: Towns
Laws Affected:: Rpld §§2, 3, 4 & 5, Chap 330 of 2011

2021-S8025 (ACTIVE) - Summary

Relates 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.

2021-S8025 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8025

SPONSOR: PALUMBO
 
TITLE OF BILL:

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

 
PURPOSE:

Permits a town to make annual payments from its Community Preservation
Fund (CP) enacted pursuant to section 64-e of the town law to school,
dire, fire protection and ambulance districts 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 preserva-
tion of community character.

 
SUMMARY OF PROVISIONS:

Section 1. Repeals 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.

Section 2. Permits a town to make annual payments from its CPF enacted
pursuant to section 64-e of the town law to school, fire, fire
protection and ambulance districts.

Section 3. Provides that CPF payments made by a town pursuant to this
section shall only be made for lands within school, fire, fire
protection and ambulance districts which are wholly exempt from real
property taxation pursuant to the real property law that have been
acquired by the federal government, state government or a municipal
corporation for community preservation purposes pursuant to section 64e
of the town law regardless of whether said lands were acquired with CPF
monies. It also establishes criteria for determining the payment for
each eligible district.

Section 4. Relates to instances where the total annual budget appropri-
ation by a town for payments under this act is less than the aggregate
payments for all districts.

Section 5. Requires the adoption of an annual plan by the town board
before payments authorized by the act can be made.

Section 6. Effective date.

 
JUSTIFICATION:

The towns of East Hampton, Southampton, Riverhead, Shelter Island and
Southold have established CPFs pursuant to section 64-e of the town law
(Peconic Bay Community Preservation Fund). This legislation would give
these towns the ability to provide relief to eligible school, fire, fire
protection and ambulance district that incurred extraordinary financial
hardship as a result of lost revenues caused by removing such lands from
the tax rolls for CPF purposes, by permitting them to receive payments
from the CPF

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None to the State

 
EFFECTIVE DATE:
This act shall take effect immediately, provided, however, that sections
2, 3, 4 and 5 of this act shall expire and be deemed repealed December
31, 2050.

2021-S8025 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8025
 
                             I N  S E N A T E
 
                             January 20, 2022
                                ___________
 
 Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 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
 S. 8025                             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.

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