A. 10264 2
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
MAINS, PIPES, CONDUITS, CABLES, LINES, WIRES, POLES, SUPPORTS AND ENCLO-
SURES FOR ELECTRICAL CONDUCTORS LOCATED ON, ABOVE AND BELOW REAL PROPER-
TY, WHICH IS USED IN THE TRANSMISSION AND DISTRIBUTION OF GAS, ELECTRIC-
ITY, STEAM, WATER, PETROLEUM AND ANY OTHER SUBSTANCE AS WELL AS
REFRIGERATION, HEAT, TELEPHONE OR TELEGRAPH SERVICE, AND ELECTROMAGNETIC
VOICE, VIDEO AND DATA SIGNALS. SUCH TERM SHALL INCLUDE ALL PROPERTY
DESCRIBED IN PARAGRAPHS (D), (E) AND (I) OF SUBDIVISION TWELVE OF
SECTION ONE HUNDRED TWO OF THIS CHAPTER. SPECIAL FRANCHISE PROPERTY AS
DESCRIBED IN SUBDIVISION SEVENTEEN OF SECTION ONE HUNDRED TWO OF THIS
CHAPTER AND ALL PROPERTY DESCRIBED IN 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. "STATE BOARD" MEANS THE NEW YORK STATE BOARD OF REAL PROPERTY
SERVICES.
5. "TAXATION" MEANS AN AD VALOREM OR SPECIAL AD VALOREM LEVY OR
SPECIAL ASSESSMENT FOR WHICH PUBLIC UTILITY MASS REAL PROPERTY IS OTHER-
WISE LIABLE PURSUANT TO THIS CHAPTER.
S 499-IIII. ANNUAL FEE. EACH OWNER OF LOCAL PUBLIC UTILITY MASS REAL
PROPERTY SHALL PAY AN ANNUAL CHARGE TO THE OFFICE OF REAL PROPERTY
SERVICES NOT TO EXCEED THE FEE CHARGED FOR THE SPECIAL FRANCHISE ASSESS-
MENTS PURSUANT TO ARTICLE SIX OF THIS CHAPTER. ANY COSTS AND EXPENSES OF
THE STATE BOARD, DIRECT AND INDIRECT, INCURRED 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 PROPERTY. THE STATE BOARD 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 STATE BOARD SHALL ANNU-
ALLY PROVIDE A DETAILED REPORT TO EACH OWNER OF LOCAL PUBLIC UTILITY
MASS REAL PROPERTY IDENTIFYING COSTS RELATED TO ESTABLISHMENT OF ASSESS-
MENT 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 UTILITY MASS REAL PROPERTY SHALL BE AUTHOR-
IZED 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
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
A. 10264 3
TITLE, AN ASSESSMENT CEILING FOR THE LOCAL PUBLIC UTILITY MASS REAL
PROPERTY SHALL BE ESTABLISHED ANNUALLY BY THE STATE BOARD 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 STATE BOARD SHALL ESTABLISH NO ASSESSMENT CEILING
THAT IS LESS THAN NINETY PERCENT OR MORE THAN ONE HUNDRED TEN PERCENT OF
THE ASSESSMENT OF SUCH LOCAL PUBLIC UTILITY MASS REAL PROPERTY 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 STATE BOARD 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 UTILITY 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 STATE
BOARD SHALL COMPUTE THE LOCAL PUBLIC UTILITY MASS REAL PROPERTY VALUE AS
FOLLOWS:
1. APPLY A COMMONLY ACCEPTED AND RECOGNIZED APPRAISAL METHODOLOGY TO
COMPUTE THE REPRODUCTION COST; AND
2. GIVE CONSIDERATION TO PHYSICAL DEPRECIATION AND FUNCTIONAL AND
ECONOMIC OBSOLESCENCE, IN ACCORDANCE WITH PARAGRAPHS (A) AND (B) OF THIS
PARAGRAPH.
(A) IN COMPUTING PHYSICAL DEPRECIATION, THE STATE BOARD SHALL GIVE
CONSIDERATION TO THE AGE, PHYSICAL CONDITION, AVERAGE SERVICE LIVES OF
ASSETS AND OTHER RELEVANT FACTORS. AVERAGE SERVICE LIVES SHALL BE DETER-
MINED BY TAKING INTO CONSIDERATION ALL NATIONAL, REGIONAL AND NEW YORK
STATE REPORTED AVERAGE SERVICE LIVES AND NET SALVAGE FACTORS, AND ANY
OTHER RELEVANT CONSIDERATIONS OF A PARTICULAR INDUSTRY. IN DETERMINING
NET SALVAGE FACTORS, THE STATE BOARD SHALL CONSIDER ALL NATIONAL,
REGIONAL AND NEW YORK STATE REPORTED NET SALVAGE FACTORS AND ANY OTHER
RELEVANT CONSIDERATIONS OF A PARTICULAR INDUSTRY. IN COMPUTING PHYSICAL
DEPRECIATION, THE STATE BOARD SHALL APPLY STRAIGHT-LINE DEPRECIATION.
(B) IN DETERMINING ECONOMIC OR FUNCTIONAL OBSOLESCENCE FOR LOCAL
PUBLIC UTILITY MASS REAL PROPERTY, THE STATE BOARD SHALL CONSIDER INDI-
VIDUAL APPLICATIONS FOR ADJUSTMENTS PARTICULAR TO SPECIFIC PUBLIC UTILI-
TY MASS REAL PROPERTY FOR CLAIMED ECONOMIC OR FUNCTIONAL OBSOLESCENCE BY
A PUBLIC UTILITY MASS REAL PROPERTY OWNER. SUCH APPLICATION SHALL BE
SUBMITTED WITH THE ANNUAL REPORT REQUIRED BY SECTION FOUR HUNDRED NINE-
TY-NINE-RRRR OF THIS TITLE. THE STATE BOARD SHALL MAKE A DETERMINATION
A. 10264 4
ON INDIVIDUAL APPLICATIONS AND INCORPORATE ANY ADJUSTMENTS INTO THE
CERTIFICATE OF VALUE FOR THE YEAR IN WHICH THE APPLICATION IS FILED.
S 499-MMMM. EQUITABLE RATIO OF ASSESSMENT. THE STATE BOARD AND ANY
ASSESSING AUTHORITY SHALL BE PROHIBITED FROM:
1. 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 JURISDICTION TO ITS FULL VALUE, AS PROVIDED IN
SECTION THREE HUNDRED FIVE OF THIS CHAPTER.
2. LEVYING OR COLLECTING A TAX ON AN ASSESSMENT THAT MAY NOT BE MADE
UNDER PARAGRAPH ONE OF THIS SECTION.
3. LEVYING OR COLLECTING AN AD VALOREM PROPERTY TAX ON LOCAL PUBLIC
UTILITY MASS REAL PROPERTY AT A TAX RATE THAT EXCEEDS THE TAX RATE
APPLICABLE TO OTHER REAL PROPERTY IN THE SAME ASSESSMENT JURISDICTION.
S 499-NNNN. EQUALIZATION RATE. IN DETERMINING ASSESSMENT CEILINGS,
THE STATE BOARD 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 STATE BOARD
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 STATE BOARD SHALL MAKE A
TENTATIVE DETERMINATION OF AN ASSESSMENT CEILING FOR ALL LOCAL PUBLIC
UTILITY MASS REAL PROPERTY. THEREAFTER, THE STATE BOARD 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 STATE BOARD OR ITS 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 STATE
BOARD 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 STATE BOARD, 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 STATE BOARD STATING THAT SERVICE HAS
BEEN MADE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
3. THE STATE BOARD OR ITS 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
A. 10264 5
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 STATE BOARD 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.
WHENEVER, UPON COMPLAINT, THE STATE BOARD SHALL REVISE THE LOCAL PUBLIC
UTILITY MASS REAL PROPERTY VALUATION IN AN ASSESSING UNIT, IT SHALL
REVISE THE ASSESSMENT CEILING THEREFOR TO REFLECT SUCH REVISION, AND ON
ACCOUNT OF SUCH REVISION, IT SHALL, TO THE EXTENT APPLICABLE, MODIFY ANY
OTHER DETERMINATION WITH RESPECT TO THE ASSESSMENT CEILINGS FOR OTHER
LOCAL PUBLIC UTILITY MASS REAL PROPERTY OWNED BY SUCH OWNER FOR SUCH
YEAR EVEN IF NO COMPLAINT WAS FILED.
2. NOTWITHSTANDING THAT A COMPLAINT MAY NOT HAVE BEEN FILED WITH
RESPECT TO A TENTATIVE DETERMINATION OF AN ASSESSMENT CEILING, THE STATE
BOARD SHALL GIVE EFFECT TO ANY SPECIAL EQUALIZATION RATE ESTABLISHED
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 PRIOR TO THE DATE FOR THE FINAL DETERMINATION OF THE ASSESSMENT
CEILING.
3. NO LATER THAN TEN DAYS BEFORE THE LAST DATE PRESCRIBED BY LAW FOR
THE LEVY OF TAXES, THE STATE BOARD 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 STATE BOARD 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 STATE BOARD
PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL BE SUBJECT TO JUDICIAL
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 CEILING
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 IN WHICH THE LOCAL PUBLIC UTILITY MASS REAL PROPERTY HAS ITS
PRINCIPAL OFFICE OR THE COUNTY IN WHICH THE LOCAL PUBLIC UTILITY MASS
REAL PROPERTY IS LOCATED. NOTHING IN THIS SECTION SHALL PRECLUDE A CHAL-
LENGE OF THE ASSESSED VALUE ESTABLISHED BY A LOCAL ASSESSING JURISDIC-
TION WITH RESPECT TO LOCAL PUBLIC UTILITY MASS REAL PROPERTY AS OTHER-
WISE PROVIDED IN ARTICLE SEVEN OF THIS CHAPTER. IN ANY PROCEEDING
CHALLENGING AN ASSESSED VALUE ESTABLISHED BY A LOCAL ASSESSING JURISDIC-
TION FOR LOCAL PUBLIC UTILITY MASS REAL PROPERTY, THE FINAL CERTIFIED
ASSESSMENT CEILING ESTABLISHED PURSUANT 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 BY PARCEL ATTRIB-
UTABLE TO THE LOCAL PUBLIC UTILITY MASS REAL PROPERTY FOR EACH OWNER OF
LOCAL PUBLIC UTILITY MASS REAL PROPERTY INCLUDED IN THE ASSESSMENT CEIL-
A. 10264 6
ING. WHERE THE OWNER OF THE LOCAL PUBLIC UTILITY MASS REAL PROPERTY
REPORTS INFORMATION BY SPECIFIC PROPERTY IDENTIFICATION TO THE STATE
BOARD OR THE LOCAL ASSESSING JURISDICTION HAS IMPLEMENTED A SYSTEM BY
THE STATE BOARD STANDARDIZING THE IDENTITY OF PUBLIC UTILITY MASS REAL
PROPERTY ON ASSESSMENT ROLLS, SUCH CERTIFIED ASSESSMENT CEILINGS SHALL
BE PROVIDED BY THE STATE BOARD BY PARCEL, AS SET FORTH ON THE LOCAL
ASSESSING JURISDICTION'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 PROPERTY 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 ARTI-
CLE FIFTEEN-C OF THIS CHAPTER.
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
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 STATE BOARD. 1. THE STATE BOARD 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 STATE BOARD AND IS REASONABLE AND NECESSARILY
RELATED TO THE ESTABLISHMENT OF A CEILING ASSESSMENT BY THE STATE BOARD
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
A. 10264 7
THE CONTENTS THEREOF, OR WHO IS AUTHORIZED TO OBTAIN SUCH INFORMATION.
THE STATE BOARD MAY PREPARE AND REQUIRE THE USE OF FORMS FOR MAKING SUCH
REPORTS.
3. AN OWNER OF LOCAL PUBLIC UTILITY MASS REAL PROPERTY FAILING TO FILE
THE ANNUAL REPORT PURSUANT TO THIS SECTION WITHIN THE TIME SPECIFIED BY
THE STATE BOARD 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
STATE BOARD 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 STATE BOARD.
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 STATE BOARD OR ITS AUTHORIZED REPRESENTATIVE SHALL, UPON REASON-
ABLE PRIOR NOTICE, HAVE ACCESS AT REASONABLE TIMES TO REASONABLE DISCLO-
SURE OF ACCOUNTS AND RECORDS ESTABLISHED AND MAINTAINED BY A LOCAL
PUBLIC UTILITY MASS REAL PROPERTY OWNER RELATING TO ITS LOCAL PUBLIC
UTILITY MASS REAL PROPERTY.
2. THE STATE BOARD OR ITS AUTHORIZED REPRESENTATIVE 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, SHALL HAVE ACCESS TO
INSPECT LOCATIONS WHERE THE LOCAL PUBLIC UTILITY MASS REAL PROPERTY IS
SITUATED.
S 2. (a) Within two years of the effective date of this act and bien-
nially thereafter, the state board of real property services, 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, the state board shall examine and
evaluate alternative valuation methodologies to the reproduction cost
less depreciation methodology to compute the value of local public util-
ity mass real property, including, but not limited to, the three valu-
ation methodologies (income, sales comparison and cost approaches), with
reconciliation in accordance with nationally recognized professional
appraisal practice standards;
(b) The state board shall report to the governor, the temporary presi-
dent of the senate and the speaker of the assembly its findings and
recommendations, including any amendment 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.
S 3. 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
A. 10264 8
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.