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S8023Senate2009-2010 SessionSame asA8926

Eliminates the separate utility class in New York city

Sponsor George D. MaziarzSD-62Affects Local Government
Status
In Senate Committee
Cities
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Cities

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Sponsors

Primary sponsor
George D. Maziarz

Senator · Senate District 62

No co-sponsors yet.

History

  1. Referred to cities

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A8926Assembly

Eliminates the separate utility class in New York city

In Assembly Committee · Real Property Taxation · Sponsor Jonathan Bing

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S8023

Title of bill

An act to amend the real property tax law, in relation to providing for the elimination of the separate utility class (class 3) in New York city

Purpose or general idea of bill

To provide for the merger of class three and four into a new single class for the special assessing unit of New York City. The merger of class shares of present classes three and four results in no revenue loss to New York City.

Summary of specific provisions

Amends sections 1802 and 1805 of Article 18 of the Real Property Tax Law to eliminate the definition and references to the utility property class and to create a three class system with the present class three and class four merged in New York City.

Justification

In New York City, Con Edison constitutes seventy seven percent of the assessed valuation of class three. Reductions in assessed values have produced little or no tax relief because of increases in the class three tax rates which have nullified the assessment reductions. Most important, lower property taxes for public utilities mean lower energy costs which provides relief to utility customers and helps New York City attract and retain business.

As a practical matter because of the limited number of taxpayers in the class there is no way under existing law for the public utilities to challenge the assessed valuations of their properties within the separate utility class and permanently reduce their property taxes below the 1981-82 fixed share of the real property tax levy. This is regardless of how meritorious their case may be.

Even the relief provided by the 1990 amendment to the real property tax law which permitted land, buildings, and structures to be transferred to class four from class three, did not include a great portion of public utility property, mainly the special franchise properties which are located in the public streets and ways.

This proposed legislation does not purport to create a fully equitable taxation system among all classes of taxpayers in the special assessing unit, but it would at least place public utilities on the same basis as other commercial and industrial taxpayers.

More important, lower property taxes for public utilities mean lower energy costs which in turn will help New York City keep existing

business and attract new businesses as well as give some relief to all existing customers.

Prior legislative history

New Bill.

Effective date

Immediately and applicable to assessment rolls with a taxable status date following its effective date.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.