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Assembly Bill A11207

2025-2026 Legislative Session

Relates to legalizing and validating certain actions taken by the town of Aurelius in apportioning water district costs

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Current Bill Status - In Assembly Committee

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2025-A11207 (ACTIVE) - Details

See Senate Version of this Bill:
S10185
Current Committee:
Assembly Local Governments
Law Section:
Towns

2025-A11207 (ACTIVE) - Summary

Legalizes and validates the establishment of a unit-based tax levy by the town of Aurelius in apportioning certain water district costs in violation of current town law.

2025-A11207 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11207
 
                           I N  A S S E M B L Y
 
                                May 1, 2026
                                ___________
 
 Introduced by M. of A. GALLAHAN -- read once and referred to the Commit-
   tee on Local Governments
 
 AN  ACT  to  authorize  the  town  of Aurelius to continue the use of an
   existing water district capital reserve fund
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Legislative  findings.  It is hereby found and determined
 that the town of Aurelius, modified the manner in  which  the  costs  of
 "Water  District III" were apportioned from a special ad valorem assess-
 ment upon properties benefited within the water district to a unit-based
 tax levy upon an expanded "Water District III" in violation of the  town
 law.  The specific actions taken by the town are more fully described as
 follows:
   On March 13, 2003, the town of Aurelius (the Town), New  York,  estab-
 lished  a  capital  reserve  fund pursuant to section 6-c of the general
 municipal law for the purpose of financing the reconstruction  or  major
 repair of water lines serving "Water District III" within the town. From
 2003 until on or about January 1, 2015, the costs associated with "Water
 District  III"  and  related  improvements  were  financed and collected
 through a special ad valorem assessment levied upon the properties bene-
 fited within the water district. On June 14, 2012, the Town expanded the
 water district through a joint or shared  special  improvement  district
 with the Village of Cayuga (the Village), and a bond resolution was duly
 adopted  authorizing  the  issuance  of  obligations to finance the Town
 share of a joint water project. As a result of this expansion,  the  tax
 base  of  the  water  district  became  larger  than  that of the former
 district. On or about January 1, 2015, the Town modified the  manner  in
 which  the costs of the water district were apportioned by changing from
 a special ad valorem assessment to a unit-based tax levy. At the time of
 this modification, the Town acted under the mistaken belief that it  was
 authorized to change the assessment pursuant to former provisions of the
 town  law which had previously permitted such a change. After the Town's
 action, however, it was determined that the statutory authority  permit-
 ting  such a modification of the assessment basis had been repealed, and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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