NY State Senate Bill 2021-S379

Senate Bill S379

2021-2022 Legislative Session

Provides for the payment of state aid to the town of New Hudson and special districts therein for state land operated by the department of environmental conservation

download bill text pdf

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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 investigations and government operations
Jan 06, 2021	referred to investigations and government operations

2021-S379 (ACTIVE) - Details

See Assembly Version of this Bill:: A6834
Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Lands Law
Laws Affected:: Amd §19-b, Pub Lds L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4191, A7299
2017-2018: S3291, A4725
2019-2020: S1044, S7218, A5878
2023-2024: S387, A2126

2021-S379 (ACTIVE) - Summary

Provides for the payment of state aid to the town of New Hudson and special districts therein for state land operated by the department of environmental conservation.

2021-S379 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S379

SPONSOR: BORRELLO
 
TITLE OF BILL:

An act to amend the public lands law, in relation to the payment of
state aid on account of certain state lands in the town of New Hudson,
in the county of Allegany

 
PURPOSE:

Provides for the payment of State aid to the Town of New Hudson, in the
County of Allegany, and special districts therein for State land in such
town operated by the Department of Environmental Conservation (DEC).

 
SUMMARY OF PROVISIONS:

Section 1. Amends section 19-b of the Public Lands Law to provide for
the payment of State aid on State lands under the jurisdiction of the
DEC located in Allegany County. The amount of State aid would be deter-
mined by applying the annual tax rates(s) for such town to the assessed

value of the lands, exclusive of improvements, as entered on the last
assessment roll finally completed in the year the land was acquired by
the state, adjusted for any change in the level of assessment, but not
less than the assessment roll completed in nineteen hundred eighty.

Section 2. Requires that this act shall take effect immediately, and the
first payment of state aid shall be based upon assessment rolls
completed in the year 2020.

 
EXISTING LAW:

Sections 19-a and 19-b of the Public Lands Law currently provide for the
payment of State aid on account of certain State lands, not including
those in the Town of New Hudson and the County of Allegany.

Sections 532, 534, and 536 of the Real Property and Tax Law make certain
State lands (none in the Town of New Hudson) taxable for some or all
local government purposes.

 
JUSTIFICATION:

The lands that would be the subject of State aid payments are clearly of
a statewide benefit. 4,651.36 acres of land in the Town of New Hudson
are State-owned and assessed at a total of $2,970,900 based on 2015
assessment rolls. Utilizing the current rate per thousand acres,
13.3635, the current lost tax revenue would equal $42,573.80. Several
surrounding communities receive payment on 100% of the acreage on State-
owned lands, including Angelica and Rushford.

This land, under the jurisdiction of the DEC, is being used for forestry
purposes and the sale of timber, from which the State is receiving
revenue. As a result of the high traffic from logging trucks, the New
Hudson Highway Department has incurred undue costs for repairs of the
roadways servicing these State lands. Because of the large acreage of
tax-exempt State property, the Town finds itself in a fiscally challeng-
ing position with a constrained and overburdened tax base.


This bill would remedy the situation by providing State aid payments
based upon the applicable local tax rate in any given year, as applied
against the assessment roll of the Town of New Hudson.  Additionally,
these payments will help to offset the cost of the road repairs and
correct this overdue loss of tax revenue. While the Town has an Over-
weight and Hauling Law, the Town has no local law enforcement, and
requests to the New York State Police for assistance have been met with
an unwillingness to enforce local laws. The Town is also facing hardship
due to aging equipment that is approaching two decades of use, without
the needed funds to purchase replacement equipment.

 
LEGISLATIVE HISTORY:

2020: S.7218/A.5878 Referred to Investigations and Government Operations
2019: S.1044/A.5878 Referred to Investigations and Government Operations
2018: S.3291-B/A.4725-B Reported and Committed to Finance
2017: S.3291-A/A.4725-A Referred to Investigations & Government Oper-
ations
2015-16: S.4191A/A.7299A Referred to Investigations & Government Oper-
ations
2011-12: S.4274 Referred to Investigations & Government Operations
2009-10: S.2262-A/A.7058-A Referred to Investigations & Government Oper-
ations
2007-08: S.414/A.4934 Referred to Investigations & Government Operations
2006: S.6501/A.9762 Reported and Committed to Finance

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and the first payment of State
aid shall be based upon assessment rolls completed in 2020.

2021-S379 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    379
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. BORRELLO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the public lands law, in  relation  to  the  payment  of
   state aid on account of certain state lands in the town of New Hudson,
   in the county of Allegany
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1 and 2 of section 19-b of  the  public  lands
 law,  subdivision  1  as  added  by  chapter 260 of the laws of 1980 and
 subdivision 2 as amended by chapter 373 of the laws of 1981, are amended
 to read as follows:
   1. State aid shall be payable to any municipal corporation or  special
 district  as  such  terms  are defined by section one hundred two of the
 real property tax law and hereinafter collectively referred to  in  this
 section  as  "taxing authority", when on any assessment roll the taxable
 assessed valuation in such taxing authority is decreased in any year  by
 reason  of  the  transfer of title or possession of land or improvements
 thereon (A) to the state or an agency  of  the  state  located  at  West
 Valley,  Cattaraugus  county and theretofore utilized by the corporation
 known as "Nuclear Fuel Services, Inc."; OR (B) TO THE STATE  LOCATED  IN
 THE  TOWN  OF  NEW  HUDSON,  IN  THE COUNTY OF ALLEGANY, AND THERETOFORE
 SUBJECT TO THE JURISDICTION OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
 TION.
   2. The state aid payable  to  a  taxing  authority  pursuant  to  this
 section  shall  be computed and paid during the first fiscal year of any
 such taxing authority commencing on or  after  January  first,  nineteen
 hundred  eighty-one,  and during each fiscal year thereafter. Such state
 aid shall in each year be equal to the amount of taxes levied  or  which
 would  have  been levied by or in behalf of the taxing authority against
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD04349-01-1

 S. 379                              2
 
 such lands and the improvements thereon  on  the  last  assessment  roll
 finally  completed  in THE YEAR THAT THE LAND WAS ACQUIRED BY THE STATE,
 ADJUSTED FOR ANY CHANGE IN ASSESSMENT, BUT NOT LESS THAN THE  ASSESSMENT
 ROLL COMPLETED IN nineteen hundred eighty.
   §  2.  This act shall take effect immediately and the first payment of
 state aid shall be based upon assessment rolls completed in 2020.

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