Home

Legislative Memo

BILL:

A.4856 (Luster)

Support

SUBJECT:

Environmental Impacts on RPT

 

DATE:

May 21, 2004

 

This bill would allow tax districts to recover damages from persons whose negligent or intentional conduct resulted in a violation of the Environmental Conservation Law (ECL) or Public Health Law (PHL), and where such violations were wholly or partially the basis for the reduced valuation of real property.

The intent of this bill is to assure that persons whose violations of the Environmental Conservation Law or Public Health Law cause actual environmental damage will not benefit financially from such actions through lower real property tax assessments.

The Business Council opposes A.4856, because its impact would extend well beyond its intended purpose, and raises a number of legal and practical concerns.

The following analysis illustrates the potential impact of this bills, and significant concerns about its potential implementation.

Based on these concerns, The Business Council respectfully opposes adoption of A.4856.