Senate Bill S8978A

2023-2024 Legislative Session

Provides an exemption for certain fiber optic cable assessments in Erie county

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Current Bill Status - Passed Senate & Assembly


  • 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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Bill Amendments

2023-S8978 - Details

See Assembly Version of this Bill:
A9964
Law Section:
Real Property Tax Law
Laws Affected:
Add §431, RPT L

2023-S8978 - Summary

Provides an exemption for certain fiber optic cable assessments in Erie county.

2023-S8978 - Sponsor Memo

2023-S8978 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8978
 
                             I N  S E N A T E
 
                               April 4, 2024
                                ___________
 
 Introduced  by  Sen.  RYAN  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the real property tax law, in relation to  providing  an
   exemption  against  certain  fiber  optic  cable  assessments for open
   access fiber optic broadband companies
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  real  property  tax  law  is amended by adding a new
 section 431 to read as follows:
   § 431. FIBER OPTIC CABLE. 1. FOR THE  PURPOSES  OF  THIS  SECTION  THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "OPEN  ACCESS  FIBER  OPTIC BROADBAND COMPANY" SHALL MEAN A LOCAL
 AUTHORITY AS DEFINED IN SECTION TWO OF THE PUBLIC AUTHORITIES LAW  OR  A
 MUNICIPAL CORPORATION AS DEFINED IN SECTION TWO OF THE GENERAL MUNICIPAL
 LAW  ENGAGED IN THE CONSTRUCTION, OPERATION, MARKETING AND SALE OF FIBER
 OPTIC BROADBAND INFRASTRUCTURE AND SERVICES.
   (B) "OPEN ACCESS FIBER OPTIC NETWORK" SHALL  MEAN  OPEN  ACCESS  FIBER
 OPTIC  CABLE  AND  INFRASTRUCTURE  OWNED  BY  AN OPEN ACCESS FIBER OPTIC
 BROADBAND COMPANY.
   (C) "OPEN ACCESS FIBER OPTIC  CABLE  AND  INFRASTRUCTURE"  SHALL  MEAN
 FIBER  OPTIC CABLE AND RELATED EQUIPMENT WHICH IS OWNED AND INSTALLED BY
 OR CAUSED TO BE INSTALLED BY AN OPEN ACCESS FIBER OPTIC BROADBAND COMPA-
 NY TO TRANSMIT, OR  FACILITATE  THE  TRANSMISSION,  OF  BROADBAND  DATA,
 APPLICATIONS, AND SERVICES TO END USERS.
   2.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, ALL
 OPEN ACCESS FIBER OPTIC NETWORKS AND OPEN ACCESS FIBER OPTIC  CABLE  AND
 INFRASTRUCTURE  OWNED  BY  AN OPEN ACCESS FIBER OPTIC BROADBAND COMPANY,
 WHETHER LOCATED ON PUBLIC OR PRIVATE PROPERTY,  AND  INSTALLED  FOR  THE
 PURPOSE  OF  DISTRIBUTING  BROADBAND  TECHNOLOGY AND SERVICES, EXCEPT AS
 PROVIDED IN SUBDIVISION THREE OF THIS SECTION, SHALL BE EXEMPT FROM REAL
 PROPERTY TAXES, LEVIES AND ASSESSMENTS.
    3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  ALL
 OPEN  ACCESS  FIBER OPTIC NETWORKS AND OPEN ACCESS FIBER OPTIC CABLE AND
 INFRASTRUCTURE LOCATED IN A CITY WITH A POPULATION  OF  ONE  MILLION  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

2023-S8978A (ACTIVE) - Details

See Assembly Version of this Bill:
A9964
Law Section:
Real Property Tax Law
Laws Affected:
Add §431, RPT L

2023-S8978A (ACTIVE) - Summary

Provides an exemption for certain fiber optic cable assessments in Erie county.

2023-S8978A (ACTIVE) - Sponsor Memo

2023-S8978A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8978--A
     Cal. No. 1519
 
                             I N  S E N A T E
 
                               April 4, 2024
                                ___________
 
 Introduced  by  Sen.  RYAN  --  read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Local  Government  --
   committee discharged and said bill committed to the Committee on Rules
   --  ordered to a third reading, amended and ordered reprinted, retain-
   ing its place in the order of third reading

 AN ACT to amend the real property tax law, in relation to  providing  an
   exemption  against certain fiber optic cable assessments for municipal
   fiber optic broadband companies in Erie county; and providing for  the
   repeal of such provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property tax  law  is  amended  by  adding  a  new
 section 431 to read as follows:
   §  431. FIBER OPTIC CABLE IN ERIE COUNTY. 1.  FOR THE PURPOSES OF THIS
 SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "MUNICIPAL FIBER OPTIC  BROADBAND  COMPANY"  SHALL  MEAN  A  LOCAL
 AUTHORITY  AS  DEFINED IN SECTION TWO OF THE PUBLIC AUTHORITIES LAW OR A
 MUNICIPAL CORPORATION AS DEFINED IN SECTION TWO OF THE GENERAL MUNICIPAL
 LAW ENGAGED IN THE CONSTRUCTION, OPERATION, MARKETING AND SALE OF  FIBER
 OPTIC BROADBAND INFRASTRUCTURE AND SERVICES AND LOCATED IN ERIE COUNTY.
   (B)  "MUNICIPAL  FIBER OPTIC NETWORK" SHALL MEAN MUNICIPAL FIBER OPTIC
 CABLE AND INFRASTRUCTURE OWNED BY  A  MUNICIPAL  FIBER  OPTIC  BROADBAND
 COMPANY.
   (C)  "MUNICIPAL FIBER OPTIC CABLE AND INFRASTRUCTURE" SHALL MEAN FIBER
 OPTIC CABLE AND RELATED EQUIPMENT WHICH IS OWNED  AND  INSTALLED  BY  OR
 CAUSED  TO  BE INSTALLED BY A MUNICIPAL FIBER OPTIC BROADBAND COMPANY TO
 TRANSMIT, OR FACILITATE THE TRANSMISSION, OF  BROADBAND  DATA,  APPLICA-
 TIONS, AND SERVICES TO END USERS LOCATED IN ERIE COUNTY.
   2.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, ALL
 MUNICIPAL FIBER OPTIC NETWORKS  AND  MUNICIPAL  FIBER  OPTIC  CABLE  AND
 INFRASTRUCTURE  OWNED  BY  A  MUNICIPAL  FIBER  OPTIC BROADBAND COMPANY,
 WHETHER LOCATED ON PUBLIC OR PRIVATE PROPERTY,  AND  INSTALLED  FOR  THE
 PURPOSE  OF  DISTRIBUTING  BROADBAND  TECHNOLOGY  AND SERVICES, SHALL BE
 EXEMPT FROM REAL PROPERTY TAXES, LEVIES AND ASSESSMENTS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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