senate Bill S6832B

Amended

Establishes assessment ceilings for local public utility mass real property

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 27 / Mar / 2012
    • REFERRED TO LOCAL GOVERNMENT
  • 11 / Apr / 2012
    • AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • 11 / Apr / 2012
    • PRINT NUMBER 6832A
  • 23 / May / 2012
    • AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • 23 / May / 2012
    • PRINT NUMBER 6832B
  • 06 / Jun / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 07 / Jun / 2012
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 07 / Jun / 2012
    • PRINT NUMBER 6832C

Summary

Establishes assessment ceilings for local public utility mass real property; defines terms; creates a formula for such assessment ceilings and the computation of local public utility mass real property values; outlines the process for complaints; makes related provisions.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A9733B
Versions:
S6832
S6832A
S6832B
S6832C
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
Real Property Tax Law
Laws Affected:
Amd §200-a, add Art 4 Title 5 §§499-hhhh - 499-ssss, RPT L
Versions Introduced in 2011-2012 Legislative Cycle:
A9733, S6832C, A9733, S6832C

Votes

8
0
8
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Local Government committee vote details

Sponsor Memo

BILL NUMBER:S6832B

TITLE OF BILL:
An act
to amend the real property tax law, in relation to assessment ceilings
for local public utility mass real property

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to
establish assessment ceilings for local public utility mass real
property (LPUMRP). It would provide a uniformed process of taxation
for transmission and distribution properties across the State.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends subdivision 2 of Section 200-a of the Real Property
Tax Law to provide that the State Board of Real Property Tax Services
shall have the power to make the final determination of an assessment
ceiling when a complaint has been filed pursuant to § 499-pppp of the
Real Property Tax Law.

Section 2 amends Article 4 of the Real Property Tax Law by adding a
new Title 5 entitled "Assessment Ceilings for Local Public Utility
Mass Real Property" containing sections 499-hhhh through 499-ssss.
Title 5 creates a definition of "Public Utility Mass Real Property"
and establishes a process for the determination and utilization of
assessment ceilings to be used in the assessment of public utility
mass properties.

* This legislation provides that the Department of Taxation and
Finance (T&F) shall annually establish assessment ceilings for LPUMRP
by applying a commonly accepted and recognized appraisal methodology
to compute the reproduction cost while giving consideration to
physical depreciation, and functional and economic obsolescence.
Property owners of public utility mass real property would be
required to pay an annual fee to T&F to cover costs incurred in the
establishment of such assessment ceilings.

* This legislation establishes the process to set tentative
assessment ceilings, and to allow hearings and complaints filed by
property owners and local assessing units to be considered.
Challenges made to final assessment determinations would be subject to
judicial review in
Supreme Court pursuant to Article 7 of the Real Property Tax Law,
provided, however, that the proceeding must commence within sixty
days of the issuance of the final assessment ceiling certificate and
all questions of fact and law shall be determined de novo. A judicial
proceeding shall be commenced in the Supreme Court in the county in
which the LPUMRP property has its headquarters or the county in which
the property is located. Expenses incurred by the State in such
challenges shall not be charged to assessing unit or units upon whose
roll or rolls the assessment ceiling would be applicable.

* Upon receipt of a certified assessment ceiling for LPUMRP, the
assessor shall utilize the ceilings as determined by T&F in the
calculation of the assessments of such LPUMRP and reduce the
assessment of such property so that the taxable assessed valuation


does not exceed the certified assessment ceiling. Assessment ceilings
in the first three years of implementation would be calculated to be
no less than 90% and not more than 110% of the assessment occurring
in the second preceding calendar year from when this section takes
effect.

* Owners of public utility mass real property are required to furnish
annual reports to T&F containing data and information from which
assessment ceilings are determined. An owner of a property that fails
to do so within the time specified by the commissioner shall be
subject to a fine of one hundred dollars ($100.00) fur each day until
such report is filed.

Section 3: Requires that within two years of the effective date of
this act, the Commissioner of Taxation and Finance, in consultation
with the owners of LPUMRP shall report to the Governor, the Temporary
President of the Senate, and the Speaker of the Assembly on whether
public utility mass real property contuse to constitute a "specialty"
and make recommendations related to alternative valuation
methodologies to compute the value of local public utility mass real
property.

Section 4: Provides for an effective date.

JUSTIFICATION:
Currently in New York, utility property located in the
public way, known as special franchise property, is assessed by the
State, while utility property located on private property is assessed
by the local assessor. In almost every other stare, the
responsibility for assessing utility property, both in the public way
and on private property, has been assigned to a state agency. This is
due to the complexity of valuing such properties and the lack of
technical training and required information that exists in many
localities. Preliminary analysis of local data shows that assessments
of transmission and distribution property by local assessors vary
greatly, with little apparent pattern. This divergence of assessment
practices places a heavy burden on utilities that must deal with over
1,200 independent, individual assessing units. This bill addresses
this issue by requiring the T&F to establish annual assessment
ceilings for each utility's transmission and distribution property in
each assessing unit thereby creating consistency throughout the
state. Because T&F already values similar proprieties located in the
public way and conducts advisory appraisals of transmission and
distribution property on private land for
several hundred assessing units that are implementing reassessments
each year, it already has a preexisting appraisal methodology to
create assessment ceilings for public utility mass real property.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
Impact would vary throughout the state.

EFFECTIVE DATE:
This act shall take effect the last day of January of
the second calendar year commencing after this act shall become law


and shall apply to assessment rolls with taxable status dates on or
after such date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6832--B

                            I N  S E N A T E

                             March 27, 2012
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the real property tax law, in relation to assessment
  ceilings for local public utility mass real property

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 2 of section 200-a of the real
property  tax  law, as added by section 7 of part W of chapter 56 of the
laws of 2010, is amended to read as follows:
  (a) The power to determine the final special franchise value,  special
franchise  assessment,  railroad ceiling, state equalization rate or any
other equalization product established  pursuant  to  this  chapter  for
which  a  complaint has been filed, as provided by sections four hundred
eighty-nine-o,    four    hundred    eighty-nine-ll,    FOUR     HUNDRED
NINETY-NINE-PPPP,  six  hundred  fourteen,  twelve  hundred  ten, twelve
hundred fifty-three, and twelve hundred sixty-three of this chapter;
  S 2. Article 4 of the real property tax law is amended by adding a new
title 5 to read as follows:
                                 TITLE 5
                  ASSESSMENT CEILINGS FOR LOCAL PUBLIC
                       UTILITY MASS REAL PROPERTY
SECTION 499-HHHH. DEFINITIONS.
        499-IIII. ANNUAL FEE.
        499-JJJJ. ASSESSMENT OF LOCAL PUBLIC UTILITY MASS REAL PROPERTY.
        499-KKKK. ASSESSMENT CEILING.
        499-LLLL. LOCAL PUBLIC UTILITY MASS REAL PROPERTY VALUE.
        499-MMMM. EQUITABLE RATIO OF ASSESSMENT.
        499-NNNN. EQUALIZATION RATE.
        499-OOOO. TENTATIVE DETERMINATION OF ASSESSMENT CEILING; NOTICE,
                    COMPLAINTS AND HEARING.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15141-03-2

S. 6832--B                          2

        499-PPPP. FINAL DETERMINATION  OF  ASSESSMENT  CEILING;  CERTIF-
                    ICATE.
        499-QQQQ. APPLICATION  OF  ASSESSMENT  CEILING;  COMPUTATION  OF
                    EXEMPTION.
        499-RRRR. REPORTS TO COMMISSIONER.
        499-SSSS. INSPECTION OF ACCOUNTS AND PROPERTY OF  PUBLIC  UTILI-
                    TIES.
  S 499-HHHH. DEFINITIONS. WHEN USED IN THIS TITLE:
  1. "LOCAL PUBLIC UTILITY MASS REAL PROPERTY" MEANS PUBLIC UTILITY MASS
REAL  PROPERTY  THAT  IS  LOCATED IN A PARTICULAR TOWN, VILLAGE, CITY OR
COUNTY ASSESSING UNIT AND UNDER THE SAME OWNERSHIP.
  2. "LOCAL ASSESSING JURISDICTION" MEANS THE  TOWN,  CITY,  VILLAGE  OR
COUNTY  ASSESSING  UNIT  THAT  ESTABLISHES THE ASSESSMENT ROLLS FOR SUCH
TOWN, CITY, VILLAGE OR COUNTY.
  3. "PUBLIC UTILITY MASS REAL PROPERTY" MEANS REAL PROPERTY,  INCLUDING
CONDUITS, CABLES, LINES, WIRES, POLES, SUPPORTS AND ENCLOSURES FOR ELEC-
TRICAL  CONDUCTORS  LOCATED  ON, ABOVE AND BELOW REAL PROPERTY, WHICH IS
USED IN THE TRANSMISSION AND  DISTRIBUTION  OF  TELEPHONE  OR  TELEGRAPH
SERVICE,  AND  ELECTROMAGNETIC  VOICE, VIDEO AND DATA SIGNALS. SUCH TERM
SHALL INCLUDE ALL PROPERTY DESCRIBED IN PARAGRAPHS (D) AND (I) OF SUBDI-
VISION TWELVE OF SECTION ONE HUNDRED TWO OF THIS CHAPTER. SPECIAL  FRAN-
CHISE  PROPERTY  AS  DESCRIBED  IN  SUBDIVISION SEVENTEEN OF SECTION ONE
HUNDRED TWO OF THIS CHAPTER, AND ALL PROPERTY  DESCRIBED  IN  PARAGRAPHS
(A)  AND (B) AND SUBPARAGRAPHS (A), (B), (C) AND (D) OF PARAGRAPH (I) OF
SUBDIVISION TWELVE OF SECTION ONE HUNDRED TWO OF THIS CHAPTER SHALL  NOT
BE  CONSIDERED  PUBLIC  UTILITY  MASS REAL PROPERTY FOR PURPOSES OF THIS
TITLE.
  4.  "TAXATION" MEANS AN AD VALOREM  LEVY  OR  SPECIAL  ASSESSMENT  FOR
WHICH  PUBLIC UTILITY MASS REAL PROPERTY IS OTHERWISE LIABLE PURSUANT TO
THIS CHAPTER.
  S 499-IIII.   ANNUAL FEE. ANY  COSTS  AND  EXPENSES  INCURRED  BY  THE
COMMISSIONER  IN  THE  ESTABLISHMENT  OF  ASSESSMENT  CEILINGS FOR LOCAL
PUBLIC UTILITY MASS REAL PROPERTY SHALL BE PAID FROM THE  COLLECTION  OF
AN ANNUAL CHARGE UPON THE OWNERS OF LOCAL PUBLIC UTILITY MASS REAL PROP-
ERTY.  THE  COMMISSIONER  SHALL  PROVIDE BY RULE FOR COMPUTATION OF SUCH
CHARGE THROUGH THE APPORTIONMENT OF THESE COSTS AND EXPENSES  TO  OWNERS
OF LOCAL PUBLIC UTILITY MASS REAL PROPERTY IN RELATION TO THE TOTAL FULL
VALUE  OF  THE  LOCAL  PUBLIC UTILITY MASS REAL PROPERTY ELIGIBLE FOR AN
ASSESSMENT CEILING PURSUANT TO THIS TITLE. PRIOR TO  COLLECTING  PAYMENT
OF  SUCH  CHARGES,  THE  COMMISSIONER  SHALL ANNUALLY PROVIDE A DETAILED
REPORT TO EACH OWNER OF LOCAL PUBLIC UTILITY MASS REAL PROPERTY  IDENTI-
FYING  COSTS RELATED TO ESTABLISHMENT OF ASSESSMENT CEILINGS, INCLUDING,
BUT NOT LIMITED TO, EXPENDITURES, REVENUE SOURCES AND  ANY  ALLOCATIONS.
THE CHARGES ESTABLISHED PURSUANT TO THIS SECTION SHALL BE SUBJECT TO THE
APPROVAL OF THE DIRECTOR OF THE BUDGET. EACH OWNER OF LOCAL PUBLIC UTIL-
ITY MASS REAL PROPERTY SHALL BE AUTHORIZED TO CHALLENGE ANY SUCH CHARGES
PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  S  499-JJJJ.  ASSESSMENT  OF  LOCAL PUBLIC UTILITY MASS REAL PROPERTY.
SUBJECT TO THE PROVISIONS OF SECTION FOUR  HUNDRED  NINETY-NINE-QQQQ  OF
THIS  TITLE,  THE  ASSESSOR  IN EACH CITY, TOWN AND VILLAGE, AND IN EACH
COUNTY HAVING A COUNTY DEPARTMENT OF ASSESSMENT, SHALL  ANNUALLY  ASSESS
ALL LOCAL PUBLIC UTILITY MASS REAL PROPERTY SITUATED IN SUCH CITY, TOWN,
VILLAGE  OR  COUNTY,  AS  THE CASE MAY BE. WHERE A VILLAGE HAS ENACTED A
LOCAL LAW AS PROVIDED IN SUBDIVISION THREE OF SECTION  FOURTEEN  HUNDRED
TWO  OF  THIS  CHAPTER, THE TOWN OR COUNTY ASSESSOR SHALL APPORTION THAT

S. 6832--B                          3

PART OF THE ASSESSMENT OF LOCAL PUBLIC UTILITY MASS REAL PROPERTY IN THE
TOWN OR COUNTY TO THE VILLAGE FOR VILLAGE TAX PURPOSES.
  S  499-KKKK.  ASSESSMENT  CEILING. 1. TO DETERMINE THE EXTENT TO WHICH
LOCAL PUBLIC UTILITY MASS REAL  PROPERTY  SHALL  BE  EXEMPT  UNDER  THIS
TITLE,  AN  ASSESSMENT  CEILING  FOR  THE LOCAL PUBLIC UTILITY MASS REAL
PROPERTY SHALL BE ESTABLISHED ANNUALLY BY THE COMMISSIONER AS FOLLOWS:
  (A) DETERMINE: (I) THE LOCAL PUBLIC UTILITY MASS REAL  PROPERTY  VALUE
IN   ACCORDANCE   WITH   THE   PROVISIONS   OF   SECTION   FOUR  HUNDRED
NINETY-NINE-MMMM OF THIS TITLE; AND (II) THE  EQUALIZATION  RATE  FACTOR
FOR  THE  LOCAL PUBLIC UTILITY MASS REAL PROPERTY IN ACCORDANCE WITH THE
PROVISIONS OF SECTION FOUR HUNDRED NINETY-NINE-NNNN OF THIS TITLE.
  (B) MULTIPLY THE LOCAL PUBLIC UTILITY MASS REAL PROPERTY VALUE BY  THE
EQUALIZATION RATE FACTOR.
  THE RESULT SHALL BE THE ASSESSMENT CEILING.
  2.  THE VALUATION DATE FOR ALL LOCAL PUBLIC UTILITY MASS REAL PROPERTY
SHALL BE JANUARY FIRST OF THE YEAR  PRECEDING  THE  YEAR  IN  WHICH  THE
ASSESSMENT  ROLL ON WHICH SUCH PROPERTY IS TO BE ASSESSED, COMPLETED AND
FILED IN THE OFFICE OF THE CITY OR TOWN CLERK. THE  TAXABLE  STATUS  FOR
ALL  LOCAL  PUBLIC  UTILITY  MASS  REAL PROPERTY SHALL BE BASED UPON ITS
CONDITION AND OWNERSHIP AS OF THE TAXABLE STATUS DATE APPLICABLE TO  THE
ASSESSMENT ROLL ON WHICH IT IS TO APPEAR.
  3. FOR ASSESSMENT ROLLS WITH TAXABLE STATUS DATES IN EACH OF THE THREE
CALENDAR  YEARS  INCLUDING  AND FOLLOWING THE YEAR IN WHICH THIS SECTION
SHALL TAKE EFFECT, THE COMMISSIONER SHALL ESTABLISH NO ASSESSMENT  CEIL-
ING  THAT  IS  LESS  THAN  NINETY  PERCENT  OR MORE THAN ONE HUNDRED TEN
PERCENT OF THE ASSESSMENT OF SUCH LOCAL PUBLIC UTILITY MASS REAL PROPER-
TY APPEARING ON THE MUNICIPAL ASSESSMENT ROLL WITH A TAXABLE STATUS DATE
OCCURRING IN THE SECOND PRECEDING CALENDAR YEAR FROM WHEN  THIS  SECTION
SHALL TAKE EFFECT, EXCEPT THAT THE COMMISSIONER MAY ESTABLISH ASSESSMENT
CEILINGS  BELOW  THE  NINETY  PERCENT LEVEL OR ABOVE THE ONE HUNDRED TEN
PERCENT LEVEL TO TAKE INTO ACCOUNT ANY CHANGE  IN  LEVEL  OF  ASSESSMENT
AND/OR TO TAKE INTO ACCOUNT ANY ADDITIONS OR RETIREMENTS TO PUBLIC UTIL-
ITY  MASS  REAL  PROPERTY  OR  LITIGATION AFFECTING THE VALUE OR TAXABLE
STATUS OF THE LOCAL PUBLIC UTILITY MASS REAL PROPERTY INITIATED PRIOR TO
THE EFFECTIVE DATE OF THIS SECTION.
  S 499-LLLL. LOCAL PUBLIC UTILITY MASS REAL PROPERTY VALUE. THE COMMIS-
SIONER SHALL COMPUTE THE LOCAL PUBLIC UTILITY MASS REAL  PROPERTY  VALUE
AS FOLLOWS:
  1.   THE LOCAL REPRODUCTION COST OF THE PUBLIC UTILITY MASS REAL PROP-
ERTY OF EACH PUBLIC UTILITY MASS REAL PROPERTY OWNER IN EVERY  ASSESSING
UNIT IS THE COST OF REPRODUCTION, LESS DEPRECIATION OF THAT PUBLIC UTIL-
ITY MASS REAL PROPERTY.
  2.  IN  ASCERTAINING  DEPRECIATION  OF  PROPERTY  UNDER  THIS SECTION,
CONSIDERATION MAY BE GIVEN  TO  THE  AGE,  PHYSICAL  CONDITION,  AVERAGE
SERVICE LIVES OF ASSETS AND OTHER RELEVANT FACTORS.
  3.  ADJUSTMENTS  FOR ECONOMIC OR FUNCTIONAL OBSOLESCENCE SHALL ONLY BE
MADE UPON APPLICATION BY A PUBLIC  UTILITY  MASS  REAL  PROPERTY  OWNER.
EVERY  SUCH  APPLICATION  SHALL  BE  SUBMITTED  WITH  THE  ANNUAL REPORT
REQUIRED BY SECTION FOUR HUNDRED NINETY-NINE-RRRR OF THIS TITLE.
  S 499-MMMM.  EQUITABLE RATIO OF ASSESSMENT. THE COMMISSIONER  AND  ANY
ASSESSING  AUTHORITY  SHALL  BE  PROHIBITED  FROM ASSESSING LOCAL PUBLIC
UTILITY MASS REAL PROPERTY AT A VALUE THAT HAS A  HIGHER  RATIO  TO  THE
FULL VALUE OF THE LOCAL PUBLIC UTILITY MASS REAL PROPERTY THAN THE RATIO
OF  ASSESSED  VALUE  OF OTHER REAL PROPERTY IN THE SAME ASSESSMENT CLASS
AND JURISDICTION TO ITS FULL VALUE, AS PROVIDED IN SECTION THREE HUNDRED
FIVE OF THIS CHAPTER.

S. 6832--B                          4

  S 499-NNNN. EQUALIZATION RATE. IN DETERMINING ASSESSMENT CEILINGS, THE
COMMISSIONER SHALL APPLY THE  FINAL  STATE  EQUALIZATION  RATE  FOR  THE
ASSESSMENT  ROLL OF THE LOCAL ASSESSING JURISDICTION FOR WHICH THE CEIL-
ING IS ESTABLISHED. IF THAT FINAL RATE IS NOT AVAILABLE, THE COMMISSION-
ER  SHALL  APPLY  THE  MOST RECENT FINAL STATE EQUALIZATION RATE FOR THE
LOCAL ASSESSING JURISDICTION, EXCEPT THAT IF A SPECIAL EQUALIZATION RATE
HAS BEEN ESTABLISHED AS PROVIDED IN TITLE TWO OF ARTICLE TWELVE OF  THIS
CHAPTER,  SUCH RATE SHALL BE APPLIED. IN THE CASE OF A SPECIAL ASSESSING
UNIT AS DEFINED IN SECTION EIGHTEEN HUNDRED ONE  OF  THIS  CHAPTER,  THE
EQUALIZATION  RATE TO BE APPLIED SHALL BE THE APPLICABLE CLASS EQUALIZA-
TION RATE.
  S 499-OOOO. TENTATIVE DETERMINATION  OF  ASSESSMENT  CEILING;  NOTICE,
COMPLAINTS  AND  HEARING.  1.  EACH  YEAR  THE COMMISSIONER SHALL MAKE A
TENTATIVE DETERMINATION OF AN ASSESSMENT CEILING FOR  ALL  LOCAL  PUBLIC
UTILITY  MASS  REAL  PROPERTY.  THEREAFTER,  THE COMMISSIONER SHALL GIVE
NOTICE, IN WRITING OR ELECTRONICALLY, TO EACH ASSESSING  UNIT  AND  EACH
OWNER  OF  LOCAL PUBLIC UTILITY MASS REAL PROPERTY FOR WHICH SUCH TENTA-
TIVE DETERMINATION OF AN ASSESSMENT CEILING SHALL HAVE BEEN MADE, SPECI-
FYING THE AMOUNT OF SUCH CEILING, AND MAKING  AVAILABLE  FOR  INSPECTION
AND  COPYING THE COMPUTATIONS USED TO ESTABLISH THE TENTATIVE ASSESSMENT
CEILING AMOUNT PURSUANT TO THE PUBLIC OFFICERS LAW,  AND  SETTING  FORTH
THE  TIME  AND  PLACE WHERE THE COMMISSIONER OR HIS OR HER DESIGNEE WILL
MEET TO HEAR ANY COMPLAINT CONCERNING SUCH TENTATIVE DETERMINATION. SUCH
NOTICE SHALL BE SENT ELECTRONICALLY  AND  SERVED  IN  WRITING  AT  LEAST
FORTY-FIVE DAYS PRIOR TO THE DATE SPECIFIED FOR SUCH HEARING.
  2. A TENTATIVE ASSESSMENT CEILING MAY BE CHALLENGED BEFORE THE COMMIS-
SIONER AS FOLLOWS:
  (A)  AN  OWNER OF LOCAL PUBLIC UTILITY MASS REAL PROPERTY OR THE LOCAL
ASSESSING JURISDICTION OBJECTING TO A TENTATIVE  CEILING  MUST  SERVE  A
COMPLAINT UPON THE COMMISSIONER, IN WRITING, AND A COPY THEREOF UPON THE
ASSESSING  UNIT  OR OWNER OF LOCAL PUBLIC UTILITY MASS REAL PROPERTY, AS
THE CASE MAY BE, AT LEAST TEN DAYS BEFORE THE  DATE  SPECIFIED  FOR  THE
HEARING.  THE  COMPLAINT  SHALL SPECIFY THE OBJECTIONS TO SUCH TENTATIVE
DETERMINATION. SERVICE MAY BE MADE EITHER IN PERSON OR BY MAIL.
  (B) ON OR BEFORE THE DATE SPECIFIED FOR THE HEARING, AN  AFFIDAVIT  OF
SERVICE  SHALL  BE  FILED WITH THE COMMISSIONER STATING THAT SERVICE HAS
BEEN MADE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
  3. THE COMMISSIONER OR HIS OR HER DESIGNEE SHALL MEET AT THE TIME  AND
PLACE  SPECIFIED  IN  SUCH  NOTICE  SET FORTH IN SUBDIVISION ONE OF THIS
SECTION TO HEAR COMPLAINTS IN RELATION TO THE TENTATIVE DETERMINATION OF
THE ASSESSMENT CEILING. THE PROVISIONS OF SECTION FIVE HUNDRED TWELVE OF
THIS CHAPTER SHALL APPLY SO FAR AS MAY BE PRACTICABLE TO A HEARING UNDER
THIS SECTION.
  S 499-PPPP. FINAL DETERMINATION OF ASSESSMENT CEILING; CERTIFICATE. 1.
AFTER THE HEARING PROVIDED IN SECTION FOUR HUNDRED  NINETY-NINE-OOOO  OF
THIS  TITLE,  THE  COMMISSIONER  SHALL  FINALLY DETERMINE THE ASSESSMENT
CEILING FOR THE LOCAL PUBLIC UTILITY MASS REAL PROPERTY  OF  EACH  LOCAL
PUBLIC UTILITY MASS REAL PROPERTY OWNER SITUATED IN EACH ASSESSING UNIT.
  2.  NOTWITHSTANDING  THAT  A  COMPLAINT  MAY  NOT HAVE BEEN FILED WITH
RESPECT TO A TENTATIVE  DETERMINATION  OF  AN  ASSESSMENT  CEILING,  THE
COMMISSIONER  SHALL  GIVE EFFECT TO ANY SPECIAL EQUALIZATION RATE ESTAB-
LISHED PURSUANT TO SECTION TWELVE HUNDRED TWENTY-FOUR OF THIS CHAPTER OR
THE FINAL STATE EQUALIZATION RATE FOR THE ASSESSMENT ROLL FOR WHICH  THE
CEILING  IS ESTABLISHED AS PROVIDED IN SECTION FOUR HUNDRED NINETY-NINE-
NNNN OF THIS TITLE PRIOR TO THE DATE FOR THE FINAL DETERMINATION OF  THE
ASSESSMENT CEILING.

S. 6832--B                          5

  3.  NO  LATER THAN TEN DAYS BEFORE THE LAST DATE PRESCRIBED BY LAW FOR
THE LEVY OF TAXES, THE COMMISSIONER SHALL  FILE  A  CERTIFICATE  SETTING
FORTH EACH ASSESSMENT CEILING AS FINALLY DETERMINED WITH THE ASSESSOR OF
THE  APPROPRIATE  ASSESSING  UNIT  OR  THE  TOWN  OR COUNTY ASSESSOR WHO
PREPARES  A COPY OF THE APPLICABLE PART OF THE TOWN OR COUNTY ASSESSMENT
ROLL FOR VILLAGE TAX  PURPOSES  AS  PROVIDED  IN  SUBDIVISION  THREE  OF
SECTION FOURTEEN HUNDRED TWO OF THIS CHAPTER. THE COMMISSIONER SHALL, AT
THE  SAME TIME, TRANSMIT TO EACH OWNER OF LOCAL PUBLIC UTILITY MASS REAL
PROPERTY FOR WHICH SUCH CEILING HAS BEEN DETERMINED A DUPLICATE COPY  OF
SUCH CERTIFICATE.
  4. ANY FINAL DETERMINATION OF AN ASSESSMENT CEILING BY THE COMMISSION-
ER PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL BE SUBJECT TO JUDI-
CIAL CHALLENGE BY AN OWNER OF LOCAL PUBLIC UTILITY MASS REAL PROPERTY OR
A  LOCAL  ASSESSING  JURISDICTION IN A PROCEEDING UNDER ARTICLE SEVEN OF
THIS CHAPTER; PROVIDED HOWEVER, THE TIME  TO  COMMENCE  SUCH  PROCEEDING
SHALL BE WITHIN SIXTY DAYS OF THE ISSUANCE OF THE FINAL ASSESSMENT CEIL-
ING CERTIFICATE AND ALL QUESTIONS OF FACT AND LAW SHALL BE DETERMINED DE
NOVO.    ANY JUDICIAL PROCEEDING SHALL BE COMMENCED IN THE SUPREME COURT
IN THE COUNTY OF ALBANY OR THE COUNTY AGREED  UPON  BY  THE  PARTIES  IN
WHICH THE LOCAL PUBLIC UTILITY MASS REAL PROPERTY IS LOCATED. NOTHING IN
THIS  SECTION  SHALL  PRECLUDE  A CHALLENGE OF THE ASSESSED VALUE ESTAB-
LISHED BY A LOCAL ASSESSING JURISDICTION WITH RESPECT  TO  LOCAL  PUBLIC
UTILITY  MASS  REAL  PROPERTY  AS OTHERWISE PROVIDED IN ARTICLE SEVEN OF
THIS CHAPTER. IN ANY PROCEEDING CHALLENGING  AN  ASSESSED  VALUE  ESTAB-
LISHED  BY  A LOCAL ASSESSING JURISDICTION FOR LOCAL PUBLIC UTILITY MASS
REAL PROPERTY, THE FINAL CERTIFIED ASSESSMENT CEILING ESTABLISHED PURSU-
ANT TO SUBDIVISION ONE OF THIS SECTION SHALL NOT BE  CONSIDERED  BY  THE
COURT.
  S   499-QQQQ.   APPLICATION  OF  ASSESSMENT  CEILING;  COMPUTATION  OF
EXEMPTION.  1. UPON RECEIPT OF A CERTIFICATE  SETTING  FORTH  THE  FINAL
CERTIFIED  ASSESSMENT CEILING FOR LOCAL PUBLIC UTILITY MASS REAL PROPER-
TY, THE ASSESSOR SHALL COMPARE THE ASSESSED VALUATIONS  ATTRIBUTABLE  TO
THE  LOCAL  PUBLIC  UTILITY  MASS  REAL PROPERTY FOR EACH OWNER OF LOCAL
PUBLIC UTILITY MASS REAL PROPERTY INCLUDED IN  THE  ASSESSMENT  CEILING.
WHERE  THE  OWNER OF THE LOCAL PUBLIC UTILITY MASS REAL PROPERTY REPORTS
INFORMATION BY SPECIFIC PROPERTY IDENTIFICATION TO THE  COMMISSIONER  OR
THE LOCAL ASSESSING JURISDICTION HAS IMPLEMENTED A SYSTEM BY THE COMMIS-
SIONER  STANDARDIZING  THE IDENTITY OF PUBLIC UTILITY MASS REAL PROPERTY
ON  ASSESSMENT  ROLLS,  SUCH  CERTIFIED  ASSESSMENT  CEILINGS  SHALL  BE
PROVIDED BY THE COMMISSIONER, AS SET FORTH ON THE LOCAL ASSESSING JURIS-
DICTION'S ASSESSMENT ROLLS. WHERE THE ASSESSED VALUATION DOES NOT EXCEED
THE  FINAL CERTIFIED ASSESSMENT CEILING, AS SET FORTH IN THE CERTIFICATE
FOR THE LOCAL PUBLIC UTILITY MASS REAL PROPERTY, THE ASSESSOR  NEED  NOT
MAKE  ANY ADJUSTMENT IN SUCH ASSESSED VALUATION.  PROVIDED, HOWEVER, THE
ASSESSED VALUATION EXCEEDS THE FINAL CERTIFIED  ASSESSMENT  CEILING,  AS
SET  FORTH IN THE CERTIFICATE, SUCH LOCAL PUBLIC UTILITY MASS REAL PROP-
ERTY SHALL BE EXEMPT FROM TAXATION TO THE EXTENT OF SUCH EXCESS AND  THE
ASSESSOR  SHALL  FORTHWITH  REDUCE  THE ASSESSMENTS OF SUCH LOCAL PUBLIC
UTILITY MASS REAL PROPERTY, SO THAT THE TAXABLE  ASSESSED  VALUATION  OF
SUCH  PROPERTY  SHALL  NOT  EXCEED THE CERTIFIED ASSESSMENT CEILING. ALL
CERTIFICATES OF ASSESSMENT CEILINGS SHALL BE ATTACHED TO THE  ASSESSMENT
ROLL  OR  FILED THEREWITH AS PROVIDED IN ARTICLE FIFTEEN-C OF THIS CHAP-
TER.
  2. THE  ASSESSOR  IS  HEREBY  AUTHORIZED  AND  DIRECTED  TO  MAKE  THE
REDUCTIONS,  IF ANY, PROVIDED FOR IN THIS SECTION ON THE ASSESSMENT ROLL
OF THE LOCAL ASSESSING JURISDICTION IN WHICH THE  LOCAL  PUBLIC  UTILITY

S. 6832--B                          6

MASS  REAL  PROPERTY IS LOCATED, NOTWITHSTANDING THE FACT THAT HE OR SHE
MAY RECEIVE THE CERTIFICATE OF THE ASSESSMENT CEILING  AFTER  THE  FINAL
COMPLETION, VERIFICATION AND FILING OF SUCH ASSESSMENT ROLL. OTHER LOCAL
OFFICERS,  INCLUDING  SCHOOL AUTHORITIES, APPLYING SUCH FINAL ASSESSMENT
ROLL, ARE HEREBY AUTHORIZED AND DIRECTED, ON THE  BASIS  OF  INFORMATION
WHICH SHALL BE PROVIDED BY THE ASSESSOR, TO MAKE THE REDUCTIONS PROVIDED
FOR  IN  THIS SECTION ON THEIR RESPECTIVE TAX ROLLS PRIOR TO LEVY OF TAX
OR, IF RECEIVED AFTER THE TAX ROLLS HAVE BEEN  ESTABLISHED,  TO  CORRECT
ANY  TAX LEVY OF LOCAL PUBLIC UTILITY MASS REAL PROPERTY TO REFLECT SUCH
REDUCTION. IF THE REDUCTION IS MADE AFTER THE TAX LEVY  AND  PAYMENT  OF
SAME  BY THE OWNER OF LOCAL PUBLIC UTILITY MASS REAL PROPERTY, THEN SUCH
OWNER OF LOCAL PUBLIC UTILITY MASS REAL PROPERTY SHALL BE ENTITLED TO  A
REFUND IN ACCORDANCE WITH SECTION SEVEN HUNDRED TWENTY-SIX OF THIS CHAP-
TER.
  3.  IN  ASSESSING  UNITS  FOR  WHICH  HE  OR SHE IS REQUIRED BY LAW TO
PREPARE AN ASSESSMENT ROLL, THE ASSESSOR OF A  COUNTY  HAVING  A  COUNTY
DEPARTMENT  OF  ASSESSMENT  SHALL PERFORM ALL THE ACTS PRESCRIBED FOR AN
ASSESSOR BY THIS TITLE. WHERE A VILLAGE  HAS  ENACTED  A  LOCAL  LAW  AS
PROVIDED  IN  SUBDIVISION  THREE OF SECTION FOURTEEN HUNDRED TWO OF THIS
CHAPTER, THE ASSESSOR OF THE TOWN OR COUNTY WHO PREPARES A COPY OF  THIS
APPLICABLE  PART  OF  THE TOWN OR COUNTY ASSESSMENT ROLL FOR VILLAGE TAX
PURPOSES SHALL ALSO PERFORM THE ACTS PRESCRIBED FOR  ASSESSORS  BY  THIS
TITLE ON BEHALF OF THE VILLAGE.
  S  499-RRRR. REPORTS TO COMMISSIONER.  1. THE COMMISSIONER MAY REQUIRE
FROM AN OWNER OF A LOCAL PUBLIC UTILITY MASS  REAL  PROPERTY  AN  ANNUAL
REPORT  THAT  SHALL INCLUDE SUCH INFORMATION AND DATA THAT IS PRESCRIBED
IN REGULATION BY THE COMMISSIONER  AND  IS  REASONABLE  AND  NECESSARILY
RELATED TO THE ESTABLISHMENT OF A CEILING ASSESSMENT BY THE COMMISSIONER
FOR  THE  LOCAL PUBLIC UTILITY MASS REAL PROPERTY, AND WHICH SHALL BE IN
THE SAME FORMAT AND SUBSTANCE AS REQUIRED FOR SPECIAL FRANCHISE PROPERTY
PURSUANT TO ARTICLE SIX OF THIS CHAPTER. SUCH REPORTS SHALL BE THE  SAME
FOR SIMILARLY SITUATED LOCAL PUBLIC UTILITY MASS REAL PROPERTY OWNERS.
  2.  EVERY REPORT REQUIRED BY OR PURSUANT TO THIS SECTION SHALL BE MADE
BY A PERSON AUTHORIZED TO PREPARE SUCH REPORTS AND HAVING  KNOWLEDGE  OF
THE  CONTENTS  THEREOF, OR WHO IS AUTHORIZED TO OBTAIN SUCH INFORMATION.
THE COMMISSIONER MAY PREPARE AND REQUIRE THE USE  OF  FORMS  FOR  MAKING
SUCH REPORTS.
  3.  ANY  OWNER  OF  LOCAL PUBLIC UTILITY MASS REAL PROPERTY FAILING TO
FILE THE ANNUAL REPORT PURSUANT TO THIS SECTION WITHIN THE  TIME  SPECI-
FIED  BY THE COMMISSIONER SHALL NOT BE ENTITLED TO JUDICIAL REVIEW OF AN
ASSESSMENT CEILING THAT WOULD HAVE BEEN THE SUBJECT OF  SUCH  REPORT  AS
PROVIDED  IN  THIS  TITLE  AND SHALL BE SUBJECT TO A FINE OF ONE HUNDRED
DOLLARS FOR EACH DAY UNTIL SUCH REPORT IS FILED IN ACCORDANCE WITH  THIS
SECTION;  PROVIDED,  HOWEVER,  SUCH  FINE  SHALL NOT BE APPLIED AS A TAX
LIEN; AND PROVIDED, FURTHER, SUCH OWNER OF  LOCAL  PUBLIC  UTILITY  MASS
REAL  PROPERTY  SHALL  NOT BE SUBJECT TO ANY OTHER FINE OR PENALTY FOR A
VIOLATION OF THIS SECTION.
  4. IN ADDITION TO THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION,
IF AN OWNER OF LOCAL PUBLIC UTILITY MASS REAL PROPERTY FAILS TO  FURNISH
A  REPORT  REQUIRED  BY THIS SECTION WITHIN THE REQUIRED TIME FRAME, THE
COMMISSIONER MAY COMMENCE A SPECIAL PROCEEDING IN THE SUPREME  COURT  TO
COMPEL SUCH OWNER TO FURNISH THE REPORT.
  5.  IF  AN  OWNER  OF LOCAL PUBLIC UTILITY MASS REAL PROPERTY FAILS TO
SUBMIT AN ANNUAL REPORT AS REQUIRED  BY  THIS  SECTION,  THE  ASSESSMENT
CEILING ON THE NEXT ANNUAL ASSESSMENT ROLL SHALL BE CALCULATED USING THE
BEST INFORMATION AVAILABLE TO THE COMMISSIONER.

S. 6832--B                          7

  6.  IF  AN  OWNER  OF  LOCAL  PUBLIC  UTILITY MASS REAL PROPERTY MAKES
REASONABLE EFFORTS TO FILE AN ANNUAL REPORT, SUCH  OWNER  SHALL  NOT  BE
SUBJECT TO ANY CHARGE OR FINE PURSUANT TO THIS SECTION.
  S  499-SSSS.  INSPECTION OF ACCOUNTS AND PROPERTY OF PUBLIC UTILITIES.
1.  THE COMMISSIONER SHALL, UPON REASONABLE PRIOR NOTICE, HAVE ACCESS AT
REASONABLE TIMES TO REASONABLE DISCLOSURE OF ACCOUNTS AND RECORDS ESTAB-
LISHED AND MAINTAINED BY A LOCAL PUBLIC UTILITY MASS REAL PROPERTY OWNER
RELATING TO ITS LOCAL PUBLIC UTILITY MASS REAL PROPERTY.
  2. THE COMMISSIONER SHALL, AT REASONABLE TIMES IN THE NORMAL  BUSINESS
OPERATIONS  OF  THE  LOCAL  PUBLIC UTILITY MASS REAL PROPERTY OWNER, AND
WITH PRIOR NOTICE AND APPOINTMENT, AND NOT OTHERWISE LIMITED BY  FEDERAL
LAW  OR  REGULATIONS,  HAVE  ACCESS TO INSPECT LOCATIONS WHERE THE LOCAL
PUBLIC UTILITY MASS REAL PROPERTY IS SITUATED.
  S 3. (a) Within two years of the effective date of this act and  bien-
nially  thereafter, the commissioner of taxation and finance, in consul-
tation with owners of public utility mass real property,  shall  examine
and  evaluate  whether  public  utility  mass real property continues to
constitute a "specialty" and, if not, such  commissioner  shall  examine
and  evaluate  alternative  valuation  methodologies to the reproduction
cost less depreciation methodology to compute the value of local  public
utility  mass  real  property,  including, but not limited to, the three
valuation methodologies (income, sales comparison and cost  approaches),
with  reconciliation  in  accordance  with nationally recognized profes-
sional appraisal practice standards;
  (b) The commissioner of taxation  and  finance  shall  report  to  the
governor,  the  temporary president of the senate and the speaker of the
assembly his or her findings and recommendations, including  any  amend-
ment of statute or regulation, related to the examination and evaluation
pursuant  to  subdivision  (a)  of  this section, no later than December
thirty-first of the second year of such biennial period.
  (c) Three years after the effective date of this act, the commissioner
of taxation and finance shall examine and evaluate whether to extend the
provisions of this act to other owners of public utility mass real prop-
erty and shall report to the governor, the temporary  president  of  the
senate and the speaker of the assembly his or her findings and recommen-
dations,  including  any  amendment of statute or regulation, related to
this examination and evaluation.
  S 4. This act shall take effect on the first of January of the  second
calendar  year  commencing  after  this  act shall have become a law and
shall apply to assessment rolls with taxable status dates  on  or  after
such  date; provided however, that no assessment of local public utility
mass real property appearing on the municipal  assessment  roll  with  a
taxable  status date occurring in the first calendar year after this act
shall have become a law shall be less than ninety percent or  more  than
one  hundred  ten  percent of the assessment of the same property on the
date this act shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.