S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2333
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2023
                                ___________
 
 Introduced by M. of A. BARCLAY, MANKTELOW, LEMONDES, JENSEN -- read once
   and referred to the Committee on Real Property Taxation
 
 AN  ACT  to amend the real property tax law, in relation to establishing
   the Lake Ontario assessment increase exemption
 
   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 485-x to read as follows:
   § 485-X. LAKE ONTARIO ASSESSMENT INCREASE EXEMPTION. 1.    RESIDENTIAL
 REAL  PROPERTY  THAT HAS UNDERGONE PREVENTATIVE MAINTENANCE WITH EROSION
 PROTECTION STRUCTURES TO ENSURE PROPERTY WILL BE  PROTECTED  FROM  FLOOD
 DAMAGE OR EROSION IN THE EVENT OF RISING WATER LEVELS OR NECESSARY MAIN-
 TENANCE  OF  BANK  STABILIZATION  DUE TO DAMAGE SUSTAINED BY FLOODING OR
 EROSION MAY BE EXEMPT FROM AN ASSESSMENT INCREASE FROM SUCH  MAINTENANCE
 AS  PROVIDED  IN  THIS SECTION IN A PARTICIPATING MUNICIPALITY WITHIN AN
 ELIGIBLE COUNTY.
   2. (A) (I) SUCH REAL PROPERTY SHALL BE EXEMPT FOR A PERIOD  OF  ELEVEN
 YEARS  TO  THE  EXTENT  OF  ONE  HUNDRED  PER  CENTUM OF THE INCREASE IN
 ASSESSED VALUE THEREOF ATTRIBUTABLE TO SUCH MAINTENANCE AND FOR AN ADDI-
 TIONAL PERIOD OF NINE YEARS PROVIDED, HOWEVER, THAT THE EXTENT  OF  SUCH
 EXEMPTION  SHALL  BE  DECREASED  BY TEN PER CENTUM EACH YEAR DURING SUCH
 ADDITIONAL PERIOD OF NINE YEARS AND SUCH  EXEMPTION  SHALL  BE  COMPUTED
 WITH  RESPECT  TO  THE  EXEMPTION  BASE. THE EXEMPTION BASE SHALL BE THE
 INCREASE IN ASSESSED VALUE AS DETERMINED IN THE  INITIAL  YEAR  OF  SUCH
 TWENTY YEAR PERIOD FOLLOWING THE FILING OF AN ORIGINAL APPLICATION.
   (II)  THE  FOLLOWING  TABLE  SHALL  ILLUSTRATE  THE COMPUTATION OF THE
 EXEMPTION PURSUANT TO THIS SECTION:
                YEAR OF EXEMPTION        PERCENTAGE OF EXEMPTION
                       1                        100
                       2                        100
                       3                        100
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05947-01-3
              

 A. 2333                             2
 
                       4                        100
                       5                        100
                       6                        100
                       7                        100
                       8                        100
                       9                        100
                       10                       100
                       11                       100
                       12                       90
                       13                       80
                       14                       70
                       15                       60
                       16                       50
                       17                       40
                       18                       30
                       19                       20
                       20                       10
   (B) NO SUCH EXEMPTION SHALL BE GRANTED UNLESS:
   (I)  SUCH CONSTRUCTION WAS COMMENCED ON OR AFTER THE ENACTMENT OF THIS
 SECTION;
   (II) THE RESIDENTIAL REAL PROPERTY IS SITUATE IN A PARTICIPATING MUNI-
 CIPALITY WITHIN AN ELIGIBLE COUNTY;
   (III) THE COST OF SUCH CONSTRUCTION EXCEEDS THE SUM  OF  TEN  THOUSAND
 DOLLARS OR SUCH GREATER AMOUNT AS MAY BE SPECIFIED BY LOCAL LAW; AND
   (IV) SUCH CONSTRUCTION IS COMPLETED AS MAY BE EVIDENCED BY APPROPRIATE
 DOCUMENTATION AS PROVIDED BY THE OWNER.
   (C)  FOR  PURPOSES  OF  THIS  SECTION  THE TERM CONSTRUCTION SHALL NOT
 INCLUDE ORDINARY MAINTENANCE AND REPAIRS.
   3. SUCH EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY THE  OWNER
 OF  SUCH  REAL  PROPERTY  ON A FORM PRESCRIBED BY THE COMMISSIONER. SUCH
 APPLICATION SHALL BE FILED WITH THE ASSESSOR OF A PARTICIPATING  MUNICI-
 PALITY  ON OR BEFORE THE APPROPRIATE TAXABLE STATUS DATE OF SUCH MUNICI-
 PALITY AND  WITHIN  ONE  YEAR  FROM  THE  DATE  OF  COMPLETION  OF  SUCH
 CONSTRUCTION.    THE OWNER SHALL ATTACH ANY AND ALL REPORTS PREPARED BY,
 BUT NOT LIMITED TO THE COST OF INSTALLATION OF EROSION PROTECTION STRUC-
 TURES OR BANK STABILIZATION  AND  SHALL  BE  ACCOMPANIED  BY  ANY  OTHER
 SUPPORTING DOCUMENTATION.
   4.  IF  THE ASSESSOR IS SATISFIED THAT THE APPLICANT IS ENTITLED TO AN
 EXEMPTION PURSUANT TO THIS SECTION, HE OR SHE SHALL APPROVE THE APPLICA-
 TION AND SUCH REAL PROPERTY SHALL THEREAFTER BE EXEMPT FROM TAXATION AND
 SPECIAL AD VALOREM LEVIES BY A PARTICIPATING MUNICIPALITY AS PROVIDED IN
 THIS SECTION COMMENCING WITH THE  ASSESSMENT  ROLL  PREPARED  AFTER  THE
 TAXABLE  STATUS  DATE  REFERRED TO IN SUBDIVISION THREE OF THIS SECTION.
 THE ASSESSED VALUE OF ANY EXEMPTION GRANTED  PURSUANT  TO  THIS  SECTION
 SHALL BE ENTERED BY THE ASSESSOR ON THE ASSESSMENT ROLL WITH THE TAXABLE
 PROPERTY, WITH THE AMOUNT OF THE EXEMPTION SHOWN IN A SEPARATE COLUMN.
   5.  A  PARTICIPATING  MUNICIPALITY  MAY,  BY LOCAL LAW, REDUCE THE PER
 CENTUM  OF  EXEMPTION  OTHERWISE  ALLOWED  PURSUANT  TO  THIS   SECTION;
 PROVIDED,  HOWEVER,  THAT  A  PROJECT  IN  COURSE  OF  CONSTRUCTION  AND
 EXEMPTIONS EXISTING PRIOR IN TIME TO PASSAGE OF ANY SUCH LOCAL LAW SHALL
 NOT BE SUBJECT TO ANY SUCH REDUCTION SO EFFECTED. SUCH MUNICIPALITY UPON
 REDUCTION OF THE PER CENTUM OF EXEMPTION PURSUANT  TO  THIS  SUBDIVISION
 MAY THEREAFTER, BY LOCAL LAW, INCREASE THE PER CENTUM OF EXEMPTION UP TO
 ANY  PER  CENTUM NOT EXCEEDING THE MAXIMUM ALLOWED BY SUBDIVISION TWO OF
 THIS SECTION, PROVIDED, HOWEVER, THAT ANY SUCH  LOCAL  LAW  SHALL  APPLY
 ONLY  TO CONSTRUCTION COMMENCED SUBSEQUENT TO THE EFFECTIVE DATE OF SUCH
 A. 2333                             3

 LOCAL LAW. A COPY OF ALL SUCH LOCAL LAWS SHALL BE FILED WITH THE COMMIS-
 SIONER AND THE ASSESSOR OF THE MUNICIPALITY.
   6.  A  PARTICIPATING  MUNICIPALITY MAY, BY LOCAL LAW, ESTABLISH A DATE
 FOR THE COMMENCEMENT OF EFFECTIVENESS OF EXEMPTION OFFERED  PURSUANT  TO
 THIS  SECTION  AND MAY PROVIDE THAT THE PROVISIONS OF THIS SECTION SHALL
 APPLY ONLY TO CONSTRUCTION HAVING A GREATER VALUE THAN THAT SPECIFIED BY
 SUBDIVISION TWO OF THIS SECTION.
   7. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (A)  "ELIGIBLE  COUNTY" SHALL MEAN A COUNTY INCLUDED IN THE GOVERNOR'S
 EXECUTIVE ORDER  ONE  HUNDRED  SIXTY-FIVE  OF  TWO  THOUSAND  SEVENTEEN,
 DECLARING A STATE OF EMERGENCY, DATED MAY THIRD, TWO THOUSAND SEVENTEEN.
   (B)  "ELIGIBLE  MUNICIPALITY"  SHALL  MEAN A MUNICIPAL CORPORATION, AS
 DEFINED BY SUBDIVISION TEN OF SECTION ONE HUNDRED TWO OF  THIS  CHAPTER,
 WHICH  IS EITHER: (I) AN ELIGIBLE COUNTY; OR (II) A CITY, TOWN, VILLAGE,
 SPECIAL DISTRICT, OR SCHOOL DISTRICT THAT IS WHOLLY OR PARTLY  CONTAINED
 WITHIN AN ELIGIBLE COUNTY.
   (C)  "PARTICIPATING  MUNICIPALITY" SHALL MEAN AN ELIGIBLE MUNICIPALITY
 THAT HAS PASSED A LOCAL LAW, ORDINANCE, OR RESOLUTION PURSUANT TO SUBDI-
 VISION FIVE OF THIS SECTION.
   (D) "FLOODING" SHALL MEAN THE  LAKE  SHORE  AND  INLAND  FLOODING  AND
 ACCELERATED  EROSION THAT OCCURRED AS A RESULT OF HEAVY RAINFALL AND THE
 RISING WATER LEVEL OF LAKE ONTARIO AND ANY CONNECTED INLAND WATERWAYS OR
 ESTUARIES WITHIN AN ELIGIBLE COUNTY.
   (E) "MAINTENANCE" SHALL MEAN THE REPAIR, REHABILITATION,  OR  REPLACE-
 MENT  OF  ANY  PREVIOUSLY AUTHORIZED, CURRENTLY SERVICEABLE STRUCTURE OR
 FILL, OR OF ANY CURRENTLY SERVICEABLE STRUCTURE OR  FILL  AUTHORIZED  BY
 THE  DEPARTMENT  OF ENVIRONMENTAL CONSERVATION, PROVIDED THAT THE STRUC-
 TURE OR FILL IS NOT TO BE PUT TO USES DIFFERING FROM THOSE  USES  SPECI-
 FIED  OR CONTEMPLATED FOR IT IN THE ORIGINAL PERMIT OR THE MOST RECENTLY
 AUTHORIZED MODIFICATION.
   (F) "BANK STABILIZATION" SHALL MEAN ACTIVITIES NECESSARY  FOR  EROSION
 CONTROL OR PREVENTION, SUCH AS VEGETATIVE STABILIZATION, BIOENGINEERING,
 SILLS,  RIP RAP, REVETMENT, GABION BASKETS, STREAM BARBS, AND BULKHEADS,
 OR COMBINATIONS OF BANK STABILIZATION TECHNIQUES, PROVIDED THE  ACTIVITY
 IS APPROVED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
   (G)  "EROSION  PROTECTION  STRUCTURES"  SHALL MEAN A STRUCTURE SPECIF-
 ICALLY DESIGNED TO REDUCE OR PREVENT EROSION, SUCH AS  A  GROIN,  JETTY,
 SEAWALL,  REVETMENT,  BULKHEAD, BREAKWATER, OR ARTIFICIAL BEACH NOURISH-
 MENT PROJECT AS DEFINED IN 6 NYCRR 505.2.
   (H) "EROSION" SHALL MEAN THE LOSS OR DISPLACEMENT OF  LAND  ALONG  THE
 COASTLINE  DUE  TO  THE  ACTION  OF  WAVES, CURRENTS, TIDES, WIND-DRIVEN
 WATER, WATERBORNE ICE, OR OTHER IMPACT OF STORMS. IT ALSO MEANS THE LOSS
 OR DISPLACEMENT OF LAND DUE TO THE ACTION OF  WIND,  RUNOFF  OF  SURFACE
 WATERS, OR GROUNDWATER SEEPAGE AS DEFINED IN 6 NYCRR 505.2.
   § 2. This act shall take effect immediately.