NY State Assembly Bill 2013-A7760A

Assembly Bill A7760A

2013-2014 Legislative Session

Establishes an energy system tax stabilization reserve fund in the Lowville Central School District to lessen or prevent increases in the real property tax levy

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Archive: Last Bill Status - In Assembly 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 08, 2014	referred to education
Jun 17, 2013	print number 7760a
Jun 17, 2013	amend and recommit to education
Jun 03, 2013	referred to education

Bill Amendments

Original

A (Active)

co-Sponsors

2013-A7760 - Details

See Senate Version of this Bill:: S1961
Current Committee:: Assembly Education
Law Section:: Real Property Taxation
Versions Introduced in 2011-2012 Legislative Session:: S6835

2013-A7760 - Summary

Establishes an energy system tax stabilization reserve fund in the Lowville Central School District to lessen or prevent increases in the school district's real property tax levy resulting from decreases in revenue due to changes in the amount of or termination of payments in lieu of taxes receivable.

2013-A7760 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7760

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 3, 2013
                               ___________

Introduced  by  M. of A. BRINDISI, BLANKENBUSH -- read once and referred
  to the Committee on Education

AN ACT to establish an energy system tax stabilization reserve  fund  in
  the Lowville Central School District to lessen or prevent increases in
  the school district's real property tax levy

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings. The legislature hereby finds that the
private development and ownership of wind energy systems located  within
the  Lowville  Central  School District may result in instability in the
real property tax base and the budgets of the district due to the uncer-
tainty with the assessments of such wind energy systems at the time  the
payments in lieu of taxes terminate.
  S 2. Definitions. As used in this act:
  (a)  "Board  of  education" or "board" means the board of education of
the Lowville Central School District.
  (b) "Energy system tax stabilization reserve fund" or "fund" means the
energy system tax stabilization reserve  fund  established  pursuant  to
this act.
  (c)  "Payments  in lieu of taxes" or "payments" means payments in lieu
of taxes receivable by the school district pursuant to contracts entered
into in accordance with section 487 of the  real  property  tax  law  or
subdivision  15  of section 858 of the general municipal law on any wind
energy system located wholly or partially within  the  Lowville  Central
School District.
  (d)  "School district" or "district" means the Lowville Central School
District.
  (e) "Wind energy systems" shall be defined as in section  487  of  the
real  property  tax law and shall include the land upon which the system
is located, any equipment used in such generation, and equipment leading
from the system to the interconnection with the transmission system.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01518-04-3

A. 7760                             2

  S 3. The board of education is hereby authorized to establish an ener-
gy system tax stabilization reserve fund to lessen or prevent  increases
in the school district's real property tax levy resulting from decreases
in revenue due to changes in the amount of or termination of payments in
lieu  of taxes receivable by the school district provided, however, that
no such fund shall be established unless approved by a majority vote  of
the  qualified  voters  of the district present and voting on a separate
ballot proposition therefor at either a special district  meeting  which
the  board  of  education  may  call for such purposes, or at the annual
district meeting and election, to be noticed  and  conducted  in  either
case  in  accordance  with the provisions of article 41 of the education
law. Further, the notice of  the  special  district  meeting  or  annual
district  meeting  and  election,  as  applicable,  at which such ballot
proposition shall be presented to the voters, shall explain the means by
which moneys shall be paid into and withdrawn  from  such  fund  as  set
forth  hereinafter  in subdivisions (a) and (c) of this section.  Moneys
shall be paid into and withdrawn from the fund, and the  fund  shall  be
administered, as follows:
  (a) For any school district fiscal year commencing after the effective
date  of  this  act and after the establishment of the energy system tax
stabilization reserve fund, the board of education  may  determine  that
there  shall  be  paid into the fund all or any portion of the amount by
which the payments in lieu of taxes receivable by  the  school  district
for  such  fiscal  year  is  not  required to prevent an increase in the
school tax levy from the immediately  preceding  fiscal  year,  provided
that  no  payment  into  the reserve fund shall cause the balance of the
fund to exceed 100 percent of the budget for such immediately  preceding
fiscal year. Such determination may be amended to reduce the amount paid
into  the fund in the event that the district's original proposed budget
is not approved by the voters.
  (b) The board of education is hereby authorized  to  make  a  one-time
deposit  into  the  energy  system  tax stabilization reserve fund in an
amount not to exceed the balance over any maximum allowable  balance  as
required by any other law that accrued prior to the establishment of the
energy  system tax stabilization reserve fund as a result of the receipt
of any payment in lieu of taxes, provided, however, that no such deposit
shall be made unless approved by a majority vote of the qualified voters
of the district present and voting  on  a  separate  ballot  proposition
therefor  at either a special district meeting which the board of educa-
tion may call for such purpose, or at the annual  district  meeting  and
election,  to be noticed and conducted in either case in accordance with
the provisions of article 41 of the education law.  Further, the  notice
of the special district meeting or annual district meeting and election,
as  applicable,  at  which such ballot proposition shall be presented to
the voters, shall explain the means by which moneys shall be  paid  into
and  withdrawn  from  such fund as set forth hereinafter in subdivisions
(a) and (c) of this section.
  (c) Moneys may be withdrawn from the energy system  tax  stabilization
reserve fund subject to the following limitations:
  (1) For any fiscal year for which payments in lieu of taxes receivable
by  the  school  district  equal  or  exceed the amount of such payments
received for the immediately preceding fiscal year, no amount  shall  be
withdrawn from the fund.
  (2) For any fiscal year for which payments in lieu of taxes receivable
by  the  school  district  are  less  than  the  amount of such payments
received for the immediately preceding fiscal year, the board of  educa-

A. 7760                             3

tion may authorize a withdrawal from the fund in an amount not to exceed
the  amount  of the payments received for the immediately preceding year
less the amount of the payments receivable for the fiscal year for which
the  budget  and tax levy is being determined provided, however, that no
such withdrawal shall be made unless approved by a majority of the qual-
ified voters of the district present and voting  on  a  separate  ballot
proposition  therefor  at  the  annual district meeting and election, in
accordance with the provisions of article 41 of the education law.
  (3) For any fiscal year for which the school district does not  antic-
ipate  receiving  any  payments in lieu of taxes, the board of education
may authorize a withdrawal from the fund in an amount not to exceed  the
amount  of such payments received for the last preceding fiscal year for
which such payments were received plus the amount,  if  any,  which  the
board  of  education  authorized  to be withdrawn from the fund for such
last preceding fiscal year provided, however, that  no  such  withdrawal
shall  be  made unless approved by a majority of the qualified voters of
the district present and voting on a separate ballot proposition  there-
for  at  the annual district meeting and election in accordance with the
provisions of article 41 of the education law.
  (4) Notwithstanding paragraph 1 of this subdivision, and  in  addition
to  any withdrawal from the fund authorized pursuant to paragraph 2 or 3
of this subdivision, moneys may be  withdrawn  from  the  fund  for  any
fiscal  year  to  be  expended  for  any other lawful purpose, provided,
however, that no such withdrawal and expenditure shall  be  made  unless
approved  by  a  majority  vote  of the qualified voters of the district
present and voting on a separate ballot proposition therefor at either a
special district meeting which the board of education may call for  such
purpose,  or  at the annual district meeting and election, to be noticed
and conducted in either case in accordance with the provisions of  arti-
cle  41  of  the  education  law, such purposes as may be set forth in a
separate proposition submitted by the board of education and approved by
the qualified voters of the school district.
  (d) Determinations by the board of education to  pay  money  into  the
energy  system  tax  stabilization  reserve  fund, authorizations by the
board to withdraw money from the fund, and decisions  by  the  board  to
submit  a ballot proposition to the voters authorizing a withdrawal from
the fund shall be made on or before the last date provided  by  law  for
the   submission  to  the  state  education  department  of  the  school
district's property tax report card pursuant to subdivision 7 of section
1716 of the education law.
  (e) The moneys in the energy system  tax  stabilization  reserve  fund
shall  be  deposited,  invested and accounted for in the manner provided
for in subdivisions 2 and 6 of section 3651  and  section  3652  of  the
education law.
  S  4.  The  property  tax  report card prepared by the school district
pursuant to subdivision 7 of section 1716 of  the  education  law  shall
contain  the  following  information  relating  to the energy system tax
stabilization reserve fund: (a) the balance of the fund as of the  start
of  the  current  fiscal  year, (b) all deposits or withdrawals from the
fund for the current fiscal year, (c) an analysis of the impact of  such
withdrawals  on  the  school  district's tax levy for the current fiscal
year, (d) proposed deposits and withdrawals for the ensuing fiscal year,
and (e) an analysis of the impact of such proposed  deposits  and  with-
drawals  on  the  projected  tax levy for the ensuing fiscal year if the
proposed budget is adopted.

A. 7760                             4

  S 5. When computing the school district's tax levy limit for a  school
year pursuant to subdivision 3 of section 2023-a of the education law:
  (a) The payments in lieu of taxes receivable for the prior school year
shall  be  decreased  by  any  amount  paid  into  the energy system tax
stabilization reserve fund for such prior school year and  increased  by
any amount withdrawn from the fund for such prior school year.
  (b) The payments in lieu of taxes receivable in the coming fiscal year
shall  be  decreased by the amount to be paid into the energy system tax
stabilization reserve fund for such coming fiscal year and increased  by
any  amount  to  be  withdrawn  from the energy system tax stabilization
reserve fund for such coming fiscal year.
  S 6. Notwithstanding the provisions  of  subdivision  (c)  of  section
three  of  this act and section four of this act, if this act shall take
effect later than fourteen days prior to the last date provided  by  law
for  the  submission  to  the  state  education department of the school
district's property tax report card for the  school  district's  ensuing
fiscal year, then a determination by the board of education to pay money
into  the  fund for the ensuing fiscal year may be made on or before the
last date provided by law for the levy of taxes for such ensuing  fiscal
year.  Upon  making  such  determination to pay money into the fund, the
board shall cause to be posted on the school district's website a state-
ment containing the amount of the payment into the fund and  the  effect
of the payment on the projected tax levy for the ensuing fiscal year.
  S 7. This act shall take effect immediately.

co-Sponsors

2013-A7760A (ACTIVE) - Details

See Senate Version of this Bill:: S1961
Current Committee:: Assembly Education
Law Section:: Real Property Taxation
Versions Introduced in 2011-2012 Legislative Session:: S6835

2013-A7760A (ACTIVE) - Summary

2013-A7760A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7760--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 3, 2013
                               ___________

Introduced  by  M. of A. BRINDISI, BLANKENBUSH -- read once and referred
  to the Committee on Education -- committee discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to establish an energy system tax stabilization reserve fund in
  the Lowville Central School District to lessen or prevent increases in
  the school district's real property tax levy

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings. The legislature hereby finds that the
private  development and ownership of wind energy systems located within
the Lowville Central School District may result in  instability  in  the
real property tax base and the budgets of the district due to the uncer-
tainty  with the assessments of such wind energy systems at the time the
payments in lieu of taxes terminate.
  S 2. Definitions. As used in this act:
  (a) "Board of education" or "board" means the board  of  education  of
the Lowville Central School District.
  (b) "Energy system tax stabilization reserve fund" or "fund" means the
energy  system  tax  stabilization  reserve fund established pursuant to
this act.
  (c) "Payments in lieu of taxes" or "payments" means payments  in  lieu
of taxes receivable by the school district pursuant to contracts entered
into  in  accordance  with  section  487 of the real property tax law or
subdivision 15 of section 858 of the general municipal law on  any  wind
energy  system  located  wholly or partially within the Lowville Central
School District.
  (d) "School district" or "district" means the Lowville Central  School
District.
  (e)  "Wind  energy  systems" shall be defined as in section 487 of the
real property tax law and shall include the land upon which  the  system

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01518-06-3

A. 7760--A                          2

is located, any equipment used in such generation, and equipment leading
from the system to the interconnection with the transmission system.
  S 3. The board of education is hereby authorized to establish an ener-
gy  system tax stabilization reserve fund to lessen or prevent increases
in the school district's real property tax levy resulting from decreases
in revenue due to changes in the amount of or termination of payments in
lieu of taxes receivable by the school district provided, however,  that
no  such fund shall be established unless approved by a majority vote of
the qualified voters of the district present and voting  on  a  separate
ballot  proposition  therefor at either a special district meeting which
the board of education may call for such  purposes,  or  at  the  annual
district  meeting  and  election,  to be noticed and conducted in either
case in accordance with the provisions of article 41  of  the  education
law.  Further,  the  notice  of  the  special district meeting or annual
district meeting and election,  as  applicable,  at  which  such  ballot
proposition shall be presented to the voters, shall explain the means by
which  moneys  shall  be  paid  into and withdrawn from such fund as set
forth hereinafter in subdivisions (a) and (c) of this section.    Moneys
shall  be  paid  into and withdrawn from the fund, and the fund shall be
administered, as follows:
  (a) For any school district fiscal year commencing after the effective
date of this act and after the establishment of the  energy  system  tax
stabilization  reserve  fund,  the board of education may determine that
there shall be paid into the fund all or any portion of  the  amount  by
which  the  payments  in lieu of taxes receivable by the school district
for such fiscal year is not required  to  prevent  an  increase  in  the
school  tax  levy  from  the immediately preceding fiscal year, provided
that no payment into the reserve fund shall cause  the  balance  of  the
fund to exceed the sum of twelve million dollars. Such determination may
be amended to reduce the amount paid into the fund in the event that the
district's original proposed budget is not approved by the voters.
  (b)  The  board  of  education is hereby authorized to make a one-time
deposit into the energy system tax  stabilization  reserve  fund  in  an
amount  not  to  exceed  the  balance over any maximum allowable balance
authorized or required by any other law that accrued prior to the estab-
lishment of the energy system tax stabilization reserve fund as a result
of the receipt of any payment in lieu of taxes, provided, however,  that
no  such deposit shall be made unless approved by a majority vote of the
qualified voters of the district present and voting on a separate ballot
proposition therefor at either a  special  district  meeting  which  the
board  of education may call for such purpose, or at the annual district
meeting and election, to be noticed and  conducted  in  either  case  in
accordance  with  the  provisions  of  article  41 of the education law.
Further, the notice of the special district meeting or  annual  district
meeting  and  election,  as applicable, at which such ballot proposition
shall be presented to the voters,  shall  explain  the  means  by  which
moneys  shall  be  paid  into  and withdrawn from such fund as set forth
hereinafter in subdivisions (a) and (c) of this section.
  (c) Moneys may be withdrawn from the energy system  tax  stabilization
reserve fund subject to the following limitations:
  (1) For any fiscal year for which payments in lieu of taxes receivable
by  the  school  district  equal  or  exceed the amount of such payments
received for the immediately preceding fiscal year, no amount  shall  be
withdrawn from the fund.
  (2) For any fiscal year for which payments in lieu of taxes receivable
by  the  school  district  are  less  than  the  amount of such payments

A. 7760--A                          3

received for the immediately preceding fiscal year, the board of  educa-
tion may authorize a withdrawal from the fund in an amount not to exceed
the  amount  of the payments received for the immediately preceding year
less the amount of the payments receivable for the fiscal year for which
the budget and tax levy is being determined.
  (3)  For any fiscal year for which the school district does not antic-
ipate receiving any payments in lieu of taxes, the  board  of  education
may  authorize a withdrawal from the fund in an amount not to exceed the
amount of such payments received for the last preceding fiscal year  for
which  such  payments  were  received plus the amount, if any, which the
board of education authorized to be withdrawn from  the  fund  for  such
last preceding fiscal year.
  (4)  Notwithstanding  paragraph 1 of this subdivision, and in addition
to any withdrawal from the fund authorized pursuant to paragraph 2 or  3
of  this  subdivision,  moneys  may  be  withdrawn from the fund for any
fiscal year to be expended  for  any  other  lawful  purpose,  provided,
however,  that  no  such withdrawal and expenditure shall be made unless
approved by a majority vote of the  qualified  voters  of  the  district
present and voting on a separate ballot proposition therefor at either a
special  district meeting which the board of education may call for such
purpose, or at the annual district meeting and election, to  be  noticed
and  conducted in either case in accordance with the provisions of arti-
cle 41 of the education law, such purposes as may  be  set  forth  in  a
separate proposition submitted by the board of education and approved by
the qualified voters of the school district.
  (d)  Determinations  by  the  board of education to pay money into the
energy system tax stabilization  reserve  fund,  authorizations  by  the
board  to  withdraw  money  from the fund, and decisions by the board to
submit a ballot proposition to the voters authorizing a withdrawal  from
the  fund  shall  be made on or before the last date provided by law for
the  submission  to  the  state  education  department  of  the   school
district's property tax report card pursuant to subdivision 7 of section
1716 of the education law.
  (e)  The  moneys  in  the energy system tax stabilization reserve fund
shall be deposited, invested and accounted for in  the  manner  provided
for  in  subdivisions  2  and  6 of section 3651 and section 3652 of the
education law.
  S 4. At the same time that the property tax report  card  prepared  by
the  school  district  pursuant  to subdivision 7 of section 1716 of the
education law is filed and made publicly available, the school  district
shall  also  prepare,  file  with the commissioner of education and make
publicly available in the same manner as required for the  property  tax
report  card,  a  report  which  shall contain the following information
relating to the energy system tax stabilization reserve  fund:  (a)  the
balance  of the fund as of the start of the current fiscal year, (b) all
deposits or withdrawals from the fund for the current fiscal  year,  (c)
an  analysis  of the impact of such withdrawals on the school district's
tax levy for the current fiscal year, (d) proposed  deposits  and  with-
drawals  for  the ensuing fiscal year, and (e) an analysis of the impact
of such proposed deposits and withdrawals on the projected tax levy  for
the ensuing fiscal year if the proposed budget is adopted.
  S  5. When computing the school district's tax levy limit for a school
year pursuant to subdivision 3 of section 2023-a of the education law:
  (a) The payments in lieu of taxes receivable for the prior school year
shall be decreased by  any  amount  paid  into  the  energy  system  tax

A. 7760--A                          4

stabilization  reserve  fund for such prior school year and increased by
any amount withdrawn from the fund for such prior school year.
  (b) The payments in lieu of taxes receivable in the coming fiscal year
shall  be  decreased by the amount to be paid into the energy system tax
stabilization reserve fund for such coming fiscal year and increased  by
any  amount  to  be  withdrawn  from the energy system tax stabilization
reserve fund for such coming fiscal year.
  S 6. Notwithstanding the provisions  of  subdivision  (c)  of  section
three  of  this act and section four of this act, if this act shall take
effect later than fourteen days prior to the last date provided  by  law
for  the  submission  to  the  state  education department of the school
district's property tax report card for the  school  district's  ensuing
fiscal year, then a determination by the board of education to pay money
into  the  fund for the ensuing fiscal year may be made on or before the
last date provided by law for the levy of taxes for such ensuing  fiscal
year.  Upon  making  such  determination to pay money into the fund, the
board shall cause to be posted on the school district's website a state-
ment containing the amount of the payment into the fund and  the  effect
of the payment on the projected tax levy for the ensuing fiscal year.
  S 7. This act shall take effect immediately.

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Assembly Bill A7760A

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Sponsored By

BRINDISI

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Kenneth Blankenbush

2013-A7760 - Details

2013-A7760 - Summary

2013-A7760 - Bill Text download pdf

co-Sponsors

Kenneth Blankenbush

2013-A7760A (ACTIVE) - Details

2013-A7760A (ACTIVE) - Summary

2013-A7760A (ACTIVE) - Bill Text download pdf

Comments