LBD15099-01-2
A. 9733 2
499-RRRR. REPORTS TO STATE BOARD.
499-SSSS. INSPECTION OF ACCOUNTS AND PROPERTY OF PUBLIC UTILI-
TIES.
S 4999-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
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. "COMMISSIONER" MEANS THE COMMISSIONER OF TAXATION AND FINANCE OR
HIS OR HER DESIGNEE.
5. "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
PART OF THE ASSESSMENT OF LOCAL PUBLIC UTILITY MASS REAL PROPERTY IN THE
TOWN OR COUNTY TO THE VILLAGE FOR VILLAGE TAX PURPOSES.
A. 9733 3
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. 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
SUBDIVISION.
(A) IN COMPUTING PHYSICAL DEPRECIATION, THE COMMISSIONER 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 COMMISSIONER 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 COMMISSIONER SHALL APPLY STRAIGHT-LINE DEPRECIATION AS
COMPUTED FOR SPECIAL FRANCHISE PROPERTY.
(B) IN DETERMINING ECONOMIC OR FUNCTIONAL OBSOLESCENCE FOR LOCAL
PUBLIC UTILITY MASS REAL PROPERTY, THE COMMISSIONER SHALL CONSIDER INDI-
VIDUAL APPLICATIONS FOR ADJUSTMENTS PARTICULAR TO SPECIFIC PUBLIC UTILI-
TY MASS REAL PROPERTY FOR CLAIMED ECONOMIC OR FUNCTIONAL OBSOLESCENCE BY
A. 9733 4
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 COMMISSIONER SHALL MAKE A DETERMINATION
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 COMMISSIONER 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 SUBDIVISION 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
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
A. 9733 5
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.
WHENEVER, UPON COMPLAINT, THE COMMISSIONER SHALL REVISE THE LOCAL PUBLIC
UTILITY MASS REAL PROPERTY VALUATION IN AN ASSESSING UNIT, THE COMMIS-
SIONER SHALL REVISE THE ASSESSMENT CEILING THEREFOR TO REFLECT SUCH
REVISION, AND ON ACCOUNT OF SUCH REVISION, THE COMMISSIONER SHALL, TO
THE EXTENT APPLICABLE, MODIFY ANY OTHER DETERMINATION WITH RESPECT TO
THE ASSESSMENT CEILINGS FOR OTHER LOCAL PUBLIC UTILITY MASS REAL PROPER-
TY 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
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.
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; PROVIDED FURTHER, ANY EXPENSES INCURRED IN SUCH CHALLENGE AND UPON
ANY APPEAL THEREIN SHALL NOT BE A CHARGE UPON THE ASSESSING UNIT OR
UNITS UPON WHOSE ROLLS THE ASSESSMENT CEILING WOULD BE APPLICABLE. ANY
JUDICIAL PROCEEDING SHALL BE COMMENCED IN THE SUPREME COURT IN THE COUN-
TY IN WHICH THE LOCAL PUBLIC UTILITY MASS REAL PROPERTY HAS ITS PRINCI-
PAL OFFICE OR THE COUNTY IN WHICH THE LOCAL PUBLIC UTILITY MASS REAL
PROPERTY IS LOCATED. NOTHING IN THIS SECTION SHALL PRECLUDE A CHALLENGE
OF THE ASSESSED VALUE ESTABLISHED 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 ESTABLISHED BY A LOCAL ASSESSING JURISDICTION FOR LOCAL
PUBLIC UTILITY MASS REAL PROPERTY, THE FINAL CERTIFIED ASSESSMENT CEIL-
ING ESTABLISHED PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL NOT BE
CONSIDERED BY THE COURT.
A. 9733 6
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-
ING. WHERE THE OWNER OF THE LOCAL PUBLIC UTILITY MASS REAL PROPERTY
REPORTS INFORMATION BY SPECIFIC PROPERTY IDENTIFICATION TO THE COMMIS-
SIONER OR THE LOCAL ASSESSING JURISDICTION HAS IMPLEMENTED A SYSTEM BY
THE COMMISSIONER STANDARDIZING THE IDENTITY OF PUBLIC UTILITY MASS REAL
PROPERTY ON ASSESSMENT ROLLS, SUCH CERTIFIED ASSESSMENT CEILINGS SHALL
BE PROVIDED BY THE COMMISSIONER 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 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
A. 9733 7
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 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 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 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.
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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.