Bill Text: NY A09964 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides an exemption for certain fiber optic cable assessments, not including cities with a population of one million or more.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-26 - referred to real property taxation [A09964 Detail]

Download: New_York-2023-A09964-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9964

                   IN ASSEMBLY

                                     April 26, 2024
                                       ___________

        Introduced by M. of A. RIVERA -- read once and referred to the Committee
          on Real Property Taxation

        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:

     1    Section 1. The real property tax  law  is  amended  by  adding  a  new
     2  section 431 to read as follows:
     3    §  431.  Fiber  optic  cable.  1. For the purposes of this section the
     4  following terms shall have the following meanings:
     5    (a) "Open access fiber optic broadband company"  shall  mean  a  local
     6  authority  as  defined in section two of the public authorities law or a
     7  municipal corporation as defined in section two of the general municipal
     8  law engaged in the construction, operation, marketing and sale of  fiber
     9  optic broadband infrastructure and services.
    10    (b)  "Open  access  fiber  optic network" shall mean open access fiber
    11  optic cable and infrastructure owned  by  an  open  access  fiber  optic
    12  broadband company.
    13    (c)  "Open  access  fiber  optic  cable and infrastructure" shall mean
    14  fiber optic cable and related equipment which is owned and installed  by
    15  or caused to be installed by an open access fiber optic broadband compa-
    16  ny  to  transmit,  or  facilitate  the  transmission, of broadband data,
    17  applications, and services to end users.
    18    2. Notwithstanding any other provision of law  to  the  contrary,  all
    19  open  access  fiber optic networks and open access fiber optic cable and
    20  infrastructure owned by an open access fiber  optic  broadband  company,
    21  whether  located  on  public  or private property, and installed for the
    22  purpose of distributing broadband technology  and  services,  except  as
    23  provided in subdivision three of this section, shall be exempt from real
    24  property taxes, levies and assessments.
    25     3.  Notwithstanding  any  other provision of law to the contrary, all
    26  open access fiber optic networks and open access fiber optic  cable  and
    27  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.
                                                                   LBD15076-01-4
        A. 9964                             2

     1  more shall not be exempt from real property taxes,  levies  and  assess-
     2  ments.
     3    4.  The  commissioner  is hereby authorized and directed to promulgate
     4  rules and regulations necessary to  implement  the  provisions  of  this
     5  section.
     6    § 2. This act shall take effect immediately and shall apply to assess-
     7  ment rolls prepared on the basis of taxable status dates occurring on or
     8  after such date.