Assembly Bill A2375

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2375
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 16, 2025
                                ___________
 
 Introduced  by  M. of A. RA, MIKULIN, DURSO, E. BROWN, McDONOUGH -- read
   once and referred to the Committee on Real Property Taxation
 
 AN ACT to amend the real property tax law, in relation to the definition
   of special franchise property
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 17 of section 102 of the real property tax law,
 as  amended  by  chapter  569 of the laws of 1996, is amended to read as
 follows:
   17. "Special franchise"  means  the  franchise,  right,  authority  or
 permission  to  construct, maintain or operate in, under, above, upon or
 through any public street, highway, water or other public  place  mains,
 pipes, tanks, conduits, wires or transformers, with their appurtenances,
 for  conducting  water,  steam,  light, power, electricity, gas or other
 substance. For purposes of assessment and taxation a  special  franchise
 shall  include  the  value  of the tangible property situated in, under,
 above, upon or through any public street, highway, water or other public
 place in connection therewith. The  term  special  franchise  shall  not
 include  central  office  equipment  or station equipment (except public
 telephone terminal equipment) which first appears  on  assessment  rolls
 prepared  on  the  basis  of  taxable status dates occurring on or after
 October first, nineteen hundred ninety-five and  which  is  owned  by  a
 telephone  company  as defined in paragraph (d) of subdivision twelve of
 this section, or owned by a telephone corporation as defined in subdivi-
 sion seventeen of section two of the public service law and certified by
 the public service commission under section ninety-nine of such law, nor
 shall it include property of a  municipal  corporation,  public  benefit
 corporation  or  special  district, nor shall it include a crossing less
 than two hundred fifty feet in length of a public street, highway, water
 or other public place outside a city or village, unless such crossing be
 the continuation of an occupancy  of  another  public  street,  highway,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04780-01-5
              

 A. 2375                             2
 
 water  or  other public place.   THE TERM "SPECIAL FRANCHISE" SHALL ALSO
 NOT INCLUDE ANY WATER SYSTEM PROPERTY OWNED  BY  A  PRIVATE  WATER-WORKS
 CORPORATION,  AS  SUCH  TERMS  ARE  DEFINED IN SECTION TWO OF THE PUBLIC
 SERVICE  LAW,  LOCATED  IN  COUNTIES WITH A POPULATION OF ONE MILLION OR
 MORE THAT ARE SPECIAL ASSESSING UNITS.
   § 2. For purposes of this act, any tax relief realized  by  a  private
 water-works  corporation shall be used to reduce current water rates and
 offset future water rate increases.
   § 3. This act shall take effect immediately.