S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3175
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2025
                                ___________
 
 Introduced  by  Sens.  CANZONERI-FITZPATRICK,  RHOADS  -- 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 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04780-01-5
              

 S. 3175                             2
 
 the  continuation  of  an  occupancy  of another public street, highway,
 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.