NY State Senate Bill 2021-S3104

Senate Bill S3104

2021-2022 Legislative Session

Excludes water district capital expenditures from the tax cap

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Archive: Last Bill Status - In Senate Committee Local Government 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 05, 2022	referred to local government
Jan 27, 2021	referred to local government

co-Sponsors

2021-S3104 (ACTIVE) - Details

See Assembly Version of this Bill:: A4172
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §3-c, Gen Muni L
Versions Introduced in 2019-2020 Legislative Session:: S5990, A7826

2021-S3104 (ACTIVE) - Summary

Excludes water district capital expenditures from the tax cap.

2021-S3104 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3104

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to excluding
water district capital expenditures from the tax cap

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill allows local governments that own and operate water systems to
exclude capital expenditures from the tax cap calculation.

 
SUMMARY OF PROVISIONS:

Section 1: Amends subparagraph (iv) of paragraph (g) of subdivision 2 of
section 3-c of the general municipal law, as added by section 1 of part
A of chapter 97 of the laws of 2011.  Adds a new subparagraph (v).

Section 2: Sets the effective date.

 
JUSTIFICATION:

Water suppliers on Long Island and in upstate New York are seeking a
revision to the 2011 Tax Cap law to allow local governments that own and
operate water systems to exclude capital expenditures (including capital
related debt service) from the tax cap calculations. The revision is
needed so that critical water supply infrastructure can be upgraded
and/or constructed without the consequences of exceeding the 2 percent
tax cap. It should be noted that this exclusion currently applies to
school districts and not to any other local governments.

The U.S Department of Homeland Security has designated water systems as
critical infrastructure because of the vital services provided fire-
fighting, healthcare (hospitals) etc. Other dependent and interdependent
sectors such as energy, food, agriculture and transportation systems
would suffer negative impacts from a denial of service in the Water
Systems Sector.

From frequent pipe breaks to large system upgrades to rebuilding from
storm damages, New York's aging drinking water network has no shortage
of challenges. The latest estimate of repairing, replacing and updating
New York's drinking water infrastructure (including treating for emerg-
ing contaminants such as 1,4 dioxane, PFOA and PFOS) is $40 billion over
20 years. Therefore, smart and proactive investment in drinking water
infrastructure is vital to national security and public health
protection. Such capital investments should not be impeded by the
current 2 percent tax cap.

 
PRIOR LEGISLATIVE HISTORY:

S. 5990/A. 7826; Referred to Local Governments Committee

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided that the amendments to
section.3-c of the general municipal law made by section one of this act
shall not affect the repeal of such section and shall be deemed repealed
herewith.

2021-S3104 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3104
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the general municipal  law,  in  relation  to  excluding
   water district capital expenditures from the tax cap
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (iv) of paragraph  (g)  of  subdivision  2  of
 section  3-c of the general municipal law, as added by section 1 of part
 A of chapter 97 of the laws of 2011, is amended and a  new  subparagraph
 (v) is added to read as follows:
   (iv)  in  years  in which the normal contribution rate of the New York
 state teachers' retirement system, as defined by paragraph a of subdivi-
 sion two of  section  five  hundred  seventeen  of  the  education  law,
 increases  by  more than two percentage points from the previous year, a
 tax levy necessary for expenditures for the coming fiscal year for local
 government employer  contributions  to  the  New  York  state  teachers'
 retirement system caused by growth in the normal contribution rate minus
 two percentage points[.];
   (V) A TAX LEVY NECESSARY TO FUND WATER DISTRICT CAPITAL EXPENDITURES.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01265-01-1

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Senate Bill S3104

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Sponsored By

Anna M. Kaplan