NY State Senate Bill 2023-S4749

Senate Bill S4749

2023-2024 Legislative Session

Provides for an exemption to limitations upon school district tax levies to certain school districts

download bill text pdf

Current Bill Status - In Senate Committee Education Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to education
Feb 14, 2023	referred to education

2023-S4749 (ACTIVE) - Details

See Assembly Version of this Bill:: A5850
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §2023-a, Ed L

2023-S4749 (ACTIVE) - Summary

Provides for a temporary exemption to limitations upon school district tax levies to school districts who experience a loss of a payment in lieu of taxes agreement due to the closure of a nuclear power plant.

2023-S4749 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4749

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the education law, in relation to providing a temporary
exemption to limitations upon school district tax levies to certain
school districts

 
PURPOSE:

To exempt the school district of Hendrick Hudson and similarly situated
school districts engaged in a payment in lieu of taxes (PILOT) agreement
with a nuclear facility from the tax levy limit for a period of eight
years

 
SUMMARY OF PROVISIONS:

Section 1 amends section 2023-a of the education law by providing an
exemption from the tax levy limit for certain school districts suffering
from an expiration of a payment in lieu of taxes (PILOT) agreement
corresponding with the closure of a nuclear power plant for eight years,

provided that such tax levies are not raised more than four percent.

Section 2 states the effective date.

 
JUSTIFICATION:

On January 9th, 2017, it was announced by Entergy, owner of the Indian
Point Energy Center in Buchanan, NY, that the nuclear facility would be
closing its doors. In 2021, the facility was shut down. Following' the
decommissioning, Hendrick Hudson School District received Payments In
Lieu of Taxes (PILOT) from Entergy, making Indian Point a significant
source of revenue for the district.

Under current law, taxes levied by a school district cannot be increased
by more than two percent per year, or the rate of inflation, whichever
is lower. This legislation would enable the Hendrick Hudson School
District to raise taxes beyond the levy limit in order to increase tax
revenue to a reasonable level that will ensure the school district is
able to pay for its operation to best serve our children with the educa-
tion they deserve.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S4749 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4749
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in relation to providing a  temporary
   exemption  to  limitations  upon school district tax levies to certain
   school districts

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 2023-a of the education law is amended by adding a
 new subdivision 10 to read as follows:
   10. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  A
 SCHOOL DISTRICT WITH A PAYMENT IN LIEU OF TAXES AGREEMENT WITH A PERSON,
 FIRM,  PARTNERSHIP,  CORPORATION, LIMITED LIABILITY COMPANY OR ANY OTHER
 BUSINESS ENTITY OPERATING A NUCLEAR POWER PLANT WHICH SUFFERS AN EXPIRA-
 TION OF SUCH AGREEMENT DUE TO THE CLOSURE OF SUCH  NUCLEAR  POWER  PLANT
 SHALL BE EXEMPT FROM THE LEVY LIMIT RESTRICTIONS ESTABLISHED PURSUANT TO
 THE PROVISIONS OF THIS SECTION FOR A PERIOD OF EIGHT YEARS FOLLOWING THE
 EXPIRATION OF SUCH PAYMENT IN LIEU OF TAXES AGREEMENT, PROVIDED HOWEVER,
 THAT DURING SUCH EXEMPTION PERIOD ANY INCREASE IN SUCH SCHOOL DISTRICT'S
 TAX LEVY FROM THE PRIOR SCHOOL YEAR SHALL NOT EXCEED FOUR PERCENT.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09338-02-3

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