Bill Text: NY A04021 | 2015-2016 | General Assembly | Introduced


Bill Title: Authorizes municipalities to create a real property tax exemption for the installation of dry fire hydrants.

Sponsorship: Partisan Bill (Republican 4)

Status: (Introduced - Dead) 2016-04-12 - held for consideration in real property taxation [A04021 Detail]

Download: New_York-2015-A04021-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4021
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 28, 2015
                                      ___________
       Introduced  by  M. of A. TENNEY, FINCH, TEDISCO -- Multi-Sponsored by --
         M. of A. HAWLEY -- read once and referred to  the  Committee  on  Real
         Property Taxation
       AN ACT to amend the real property tax law, in relation to establishing a
         tax credit for the installation of dry fire hydrants
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The real property tax  law  is  amended  by  adding  a  new
    2  section 468-a to read as follows:
    3    S  468-A. DRY FIRE HYDRANT CREDIT. 1. A COUNTY, CITY, TOWN, OR VILLAGE
    4  ACTING THROUGH ITS LOCAL  LEGISLATIVE  BODY  IS  HEREBY  AUTHORIZED  AND
    5  EMPOWERED TO ADOPT AND AMEND LOCAL LAWS TO PROVIDE FOR AN EXEMPTION FROM
    6  TAXATION  IN  THE AMOUNT OF ONE HUNDRED DOLLARS FOR THE CONSTRUCTION AND
    7  MAINTENANCE OF A DRY FIRE HYDRANT AS DEFINED BY  THE  STATE  FIRE  CODE.
    8  DRY  FIRE HYDRANTS INSTALLED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION
    9  MUST BE INSPECTED FOR COMPLIANCE WITH ALL REQUIREMENTS SPECIFIED IN THIS
   10  SECTION.
   11    2. NO SUCH EXEMPTION SHALL BE GRANTED UNLESS IT MEETS STATE FIRE  CODE
   12  REQUIREMENTS AND:
   13    (A)  THE  DRY  FIRE  HYDRANT  IS  MADE AVAILABLE FOR USE BY LOCAL FIRE
   14  DEPARTMENTS; AND
   15    (B) THE DRY FIRE HYDRANT IS LOCATED ON PROPERTY WITHIN  THE  GEOGRAPH-
   16  ICAL AREA IN WHICH SUCH DRY FIRE HYDRANTS ARE PERMITTED; AND
   17    (C)  EACH  DRY  FIRE  HYDRANT  SHALL  BE ACCESSIBLE TO FIRE PROTECTION
   18  EQUIPMENT AS DETERMINED BY THE FIRE DEPARTMENT OF THE LOCALITY IN  WHICH
   19  THE  PROPERTY  IS  LOCATED. LOCAL FIRE DEPARTMENTS MAY AUTHORIZE PRIVATE
   20  ROADS MAINTAINED YEAR ROUND IF THE DEPARTMENT DETERMINES THAT SUCH ROADS
   21  WILL ENABLE USE OF A DRY FIRE HYDRANT; AND
   22    (D) THE DRY FIRE HYDRANT IS INSPECTED ANNUALLY BY THE FIRE  DEPARTMENT
   23  OF THE LOCALITY IN WHICH THE PROPERTY IS LOCATED.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07487-01-5
       A. 4021                             2
    1    3.  SUCH  EXEMPTION FROM TAXATION SHALL BE GRANTED UPON AN APPLICATION
    2  MADE ANNUALLY, UPON A FORM TO BE PROMULGATED BY THE STATE BOARD, BY  THE
    3  OWNER  OF  SUCH  PROPERTY  TO THE ASSESSOR OF THE CITY, TOWN, VILLAGE OR
    4  COUNTY HAVING THE POWER TO ASSESS PROPERTY FOR TAXATION ON OR BEFORE THE
    5  APPROPRIATE  TAXABLE  STATUS DATE OF SUCH CITY, TOWN, VILLAGE OR COUNTY.
    6  IF THE ASSESSOR IS  SATISFIED  THAT  THE  PROPERTY  IS  ENTITLED  TO  AN
    7  EXEMPTION PURSUANT TO THIS SECTION, HE OR SHE SHALL APPROVE THE APPLICA-
    8  TION  AND SUCH IMPROVEMENTS SHALL BE EXEMPT FROM TAXATION AND SPECIAL AD
    9  VALOREM LEVIES AS PROVIDED IN THIS SECTION.
   10    S 2. The state fire prevention and building  code  council  is  hereby
   11  directed  to implement rules and regulations requiring the construction,
   12  maintenance and inspection of dry fire hydrants in accordance with  this
   13  act.
   14    S  3.  This  act shall take effect immediately and shall apply to real
   15  property having a taxable status date on or after the first  of  January
   16  next  succeeding the date on which this act shall have become a law; and
   17  provided, however, that effective immediately, the  addition,  amendment
   18  or  repeal of any rule or regulation necessary for the implementation of
   19  this act on its effective date is authorized and directed to be made and
   20  completed on or before such effective date.
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