What's happening
This bill provides a real property tax abatement for land regulated as freshwater wetlands, with procedures for application and state reimbursement.
Why it matters
Encourages Conservation by Offsetting Landowner Costs. By providing a property tax abatement for land regulated as freshwater wetlands, the bill compensates landowners for development restrictions, which could incentivize them to preserve ecologically valuable wetlands rather than seeking to alter or develop them.
Standardizes and Simplifies Abatement Process. The bill requires the state tax commissioner to create a uniform application form and clear rules for all local assessors, potentially making it easier and fairer for landowners across New York to apply for and receive the abatement.
Shifts Fiscal Responsibility from Local to State Level. The tax savings provided to landowners through this abatement are reimbursed by the state, not funded by local governments, which helps ensure local tax bases are not eroded due to conservation efforts.
Could Impact State Budget and Wetlands Policy. By taking on the cost of these abatements, the state may see increased fiscal responsibility as more land is designated or regulated as wetlands, possibly affecting future state budgets and influencing broader wetland protection policies.
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Who cares
Headline styles
Wetlands Tax Breaks Localized
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to environmental conservation
- Held for consideration in environmental conservation
- Referred to environmental conservation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
814
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
Introduced by M. of A. CROUCH, FINCH, GIGLIO, OAKS -- read once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law and the real property tax law, in relation to providing for a real property tax abatement for land subject to freshwater wetland regulation
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 24-0905 of the environmental conservation law, as amended by chapter 654 of the laws of 1977, is amended to read as follows: § 24-0905. Tax abatement.
Any freshwater wetland subject to land use regulations pursuant to section 24-0903 of this [article] title or subject to a cooperative agreement pursuant to section 24-0901 of this [article] title shall be deemed subject to a limitation on the use of such wetlands for the purposes of real property tax evaluation, in the same manner as if an easement or right had been acquired pursuant to the general municipal law. [Assessed] The assessed value of such freshwater wetland shall be based, during the duration of such agreement or regulations, on the uses remaining to the owner thereof as determined by the assessing unit, as defined in section one hundred two of the real property tax law, pursuant to rules and regulations promulgated by the commissioner of taxation and finance. The tax abatement provided by this section shall only be granted upon submission to the assessing unit of an application therefor, in such form as shall be established by the commissioner of taxation and finance.
§ 2. The environmental conservation law is amended by adding a new section 24-0907 to read as follows: § 24-0907. Effect of tax abatement.
The total real property tax savings provided by each real property tax authority pursuant to section 24-0905 of this title shall be a state
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04615-01-7
A. 814 2
charge which shall be payable by the department pursuant to information provided by and subject to a procedure established by the commissioner of taxation and finance.
§ 3. Subdivision 4 of section 202 of the real property tax law is renumbered subdivision 5 and a new subdivision 4 is added to read as follows:
4. (a) The commissioner shall promulgate a statewide standard application form for the tax abatement for freshwater wetlands granted pursuant to section 24-0905 of the environmental conservation law. Such form shall include all such information as the commissioner shall determine is necessary for an assessing unit to determine the amount of such tax abatement on the appropriate freshwater wetland.
(b) The commissioner shall promulgate rules and regulations providing for the determination of the tax abatements to be granted to freshwater wetlands by assessing units pursuant to section 24-0905 of the environmental conservation law.
§ 4. This act shall take effect immediately; except that sections one and two of this act shall take effect on the first of January next succeeding the date on which it shall have become a law and shall apply to real property with a taxable status date on or after such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.