senate Bill S6832B

2011-2012 Legislative Session

Establishes assessment ceilings for local public utility mass real property

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 07, 2012 print number 6832c
Jun 07, 2012 amend (t) and recommit to finance
Apr 11, 2012 print number 6832a
amend and recommit to local government
Jun 06, 2012 reported and committed to finance
May 23, 2012 print number 6832b
amend and recommit to local government
Mar 27, 2012 referred to local government

Votes

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Jun 6, 2012 - Local Government committee Vote

S6832B
8
0
committee
8
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Local Government Committee Vote: Jun 6, 2012

Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

S6832 - Bill Details

See Assembly Version of this Bill:
A9733B
Current Committee:
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 Session:
A9733, S6832C

S6832 - Bill Texts

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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.

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BILL NUMBER:S6832

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:
Provides for the establishment of assessment ceilings for the taxation
of local public utility mass real property.

SUMMARY OF PROVISIONS:
Section 1- Amends Paragraph (a) of subdivision 2 of section 200-a of
the real property tax law to authorize the state board of real
property tax services the authority to assess local public utility
mass real property.

Section 2- Amends the real property tax law by adding a new title 3-A
to consolidate the assessment function of utility transmission
property (e.g., wires and pipelines) at the state-level.
Such property is now separately assessed by both state and local
governments, depending upon the location of the transmission property

Utility transmission when located on or under the public right of way
(and characterized as "special franchise" property) is currently
assessed by the Office of Real Property Services (ORPS). But the
identical property that is located on or under private property is
now assessed by local government. In other words, under this bill,
the state would assess utility transmission property that runs
through private property, just as it now does for public property.

Section 3- States that within two years of the effective date of this
act and biennially thereafter the commissioner of taxation and
finance, in consultation 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 mass real property. The
commissioner shall report to the governor,
temporary president of the senate and the speaker of his or her
findings and recommendations no later than December 31 of the second
year of such biennial period.

Section 2- Contains the effective date.

JUSTIFICATION:
Standardizing assessment practice at the state level for the same
property makes sense. It will provide uniformity and predictability
in the valuation of public utility infrastructure regardless of where
the property is located. The Department of Taxation and Finance staff
has the expertise to perform this task. Specifically, the Department
recently absorbed ORPS, which has long set assessment values for such
property located on public property. ORPS has long provided advisory
appraisals to local assessors for such property located on private
property.


In contrast, most of the local assessors throughout the state, while
dedicated and hard-working, do not have the comparable expertise, In
fact, many rely on state-provided advisory appraisals.
This measure would also provide some mandate relief to local
governments. According to the March 1st preliminary report to the
Governor's Mandate Relief Redesign Team, transferring this
responsibility from local assessors to the state will save local
governments $2 million per year.
Further, this initiative would help local governments avoid costly
litigation, thereby saving taxpayers money.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
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 the 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 law.

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

                                  6832

                            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

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-SEVEN-H,
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 3-A to read as follows:
                                TITLE 3-A
                  ASSESSMENT CEILINGS FOR LOCAL PUBLIC
                       UTILITY MASS REAL PROPERTY
SECTION 497. DEFINITIONS.
        497-A. ANNUAL FEE.
        497-B. ASSESSMENT OF LOCAL PUBLIC UTILITY MASS REAL PROPERTY.
        497-C. ASSESSMENT CEILING.
        497-D. LOCAL PUBLIC UTILITY MASS REAL PROPERTY VALUE.
        497-E. EQUITABLE RATIO OF ASSESSMENT.
        497-F. EQUALIZATION RATE.
        497-G. TENTATIVE DETERMINATION OF  ASSESSMENT  CEILING;  NOTICE,
                    COMPLAINTS AND HEARING.
        497-H. FINAL DETERMINATION OF ASSESSMENT CEILING; CERTIFICATE.
        497-I. APPLICATION   OF   ASSESSMENT   CEILING;  COMPUTATION  OF
                    EXEMPTION.
        497-J. REPORTS TO STATE BOARD.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15141-01-2

S. 6832                             2

        497-K. INSPECTION OF ACCOUNTS AND PROPERTY OF PUBLIC UTILITIES.
  S 497. DEFINITIONS. WHEN USED IN THIS TITLE:
  1. "COMMISSIONER" MEANS THE COMMISSIONER, OR HIS OR HER DESIGNEE.
  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. "LOCAL PUBLIC UTILITY MASS REAL PROPERTY" MEANS PUBLIC UTILITY MASS
REAL  PROPERTY  THAT  IS  LOCATED IN A PARTICULAR CITY, TOWN, VILLAGE OR
COUNTY ASSESSING UNIT, AND WHICH IS UNDER THE SAME OWNERSHIP.
  4. "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 REAL 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 REAL 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.
  5. "TAXATION" MEANS AN AD  VALOREM  OR  SPECIAL  AD  VALOREM  LEVY  OR
SPECIAL ASSESSMENT FOR WHICH PUBLIC UTILITY MASS REAL PROPERTY IS OTHER-
WISE SUBJECT TO PURSUANT TO THIS CHAPTER.
  S 497-A. ANNUAL FEE. ANY COSTS AND EXPENSES INCURRED BY THE DEPARTMENT
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  COMMIS-
SIONER  SHALL PROVIDE BY RULE FOR COMPUTATION OF SUCH CHARGE THROUGH THE
APPORTIONMENT OF SUCH COSTS AND EXPENSES TO OWNERS OF LOCAL PUBLIC UTIL-
ITY 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 IDENTIFYING COSTS RELATED TO THE
ESTABLISHMENT  OF  ASSESSMENT  CEILINGS,  INCLUDING, BUT NOT LIMITED TO,
EXPENDITURES, REVENUE SOURCES AND ANY ALLOCATIONS.  THE  CHARGES  ESTAB-
LISHED  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 AUTHORIZED TO CHALLENGE ANY SUCH CHARGES PURSUANT TO
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  S 497-B. ASSESSMENT  OF  LOCAL  PUBLIC  UTILITY  MASS  REAL  PROPERTY.
SUBJECT TO THE PROVISIONS OF SECTION FOUR HUNDRED NINETY-SEVEN-I 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 497-C. ASSESSMENT CEILING. 1. TO DETERMINE THE EXTENT TO WHICH LOCAL
PUBLIC  UTILITY  MASS REAL PROPERTY SHALL BE EXEMPT UNDER THIS TITLE, AN

S. 6832                             3

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-SEVEN-E
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-SEVEN-F OF THIS TITLE; AND
  (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 497-D. 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
PARAGRAPH.
  (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
DETERMINED  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 DETERMIN-
ING  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  PUBLIC  UTILITY  MASS  REAL PROPERTY OWNER. SUCH APPLICATION SHALL BE
SUBMITTED WITH THE ANNUAL REPORT REQUIRED BY SECTION FOUR HUNDRED  NINE-

S. 6832                             4

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  497-E.  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 497-F. 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  497-G.  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 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 SHALL 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

S. 6832                             5

THIS CHAPTER SHALL APPLY SO FAR AS MAY BE PRACTICABLE TO A HEARING UNDER
THIS SECTION.
  S  497-H.  FINAL  DETERMINATION OF ASSESSMENT CEILING; CERTIFICATE. 1.
AFTER THE HEARING PROVIDED IN SECTION  FOUR  HUNDRED  NINETY-SEVEN-G  OF
THIS TITLE, THE STATE BOARD SHALL FINALLY DETERMINE THE ASSESSMENT CEIL-
ING FOR THE LOCAL PUBLIC UTILITY MASS REAL PROPERTY OF EACH LOCAL PUBLIC
UTILITY MASS REAL PROPERTY OWNER SITUATED IN EACH ASSESSING UNIT.  WHEN-
EVER,  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-SEV-
EN-F  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  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; 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.
  S  497-I. 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 PROPERTY, THE

S. 6832                             6

ASSESSOR SHALL COMPARE THE ASSESSED VALUATIONS BY PARCEL 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  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 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 PROP-
ERTY 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 DISTRICTS, APPLYING SUCH  FINAL  ASSESSMENT  ROLL,  ARE
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  497-J. 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 REGU-
LATION  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

S. 6832                             7

TO ARTICLE SIX OF THIS CHAPTER. SUCH REPORTS SHALL BE THE SAME FOR SIMI-
LARLY SITUATED LOCAL PUBLIC UTILITY MASS REAL PROPERTY OWNERS.
  2.  EVERY  REPORT REQUIRED 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. 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 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  497-K.  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.
  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

S. 6832                             8

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.

S6832A - Bill Details

See Assembly Version of this Bill:
A9733B
Current Committee:
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 Session:
A9733, S6832C

S6832A - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S6832A

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:
Provides for the establishment of assessment ceilings for the taxation
of local public utility mass real property.

SUMMARY OF PROVISIONS:
Section 1- Amends Paragraph (a) of subdivision 2 of section 200-a of
the real property tax law to authorize the state board of real
property tax services the authority to assess local public utility
mass real property.

Section 2- Amends the real property tax law by adding a new title 5 to
consolidate the assessment function of utility transmission property
(e.g., wires and pipelines) at the state-level.
Such property is now separately assessed by both state and local
governments, depending upon the location of the transmission property

Utility transmission when located on or under the public right of way
(and characterized as "special franchise" property) is currently
assessed by the Office of Real Property Services (ORPS). But the
identical property that is located on or under private property is
now assessed by local government. In other words, under this bill,
the state would assess utility transmission property that runs
through private property, just as it now does for public property.

Section 3- States that within two years of the effective date of this
act and biennially thereafter the commissioner of taxation and
finance, in consultation 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 mass real property. The
commissioner shall report to the governor,
temporary president of the senate and the speaker of his or her
findings and recommendations no later than December 31 of the second
year of such biennial period.

Section 2- Contains the effective date.

JUSTIFICATION:
Standardizing assessment practice at the state level for the same
property makes sense. It will provide uniformity and predictability
in the valuation of public utility infrastructure regardless of where
the property is located. The Department of Taxation and Finance staff

has the expertise to perform this task. Specifically, the Department
recently absorbed ORPS, which has long set assessment values for such
property located on public property. ORPS has long provided advisory
appraisals to local assessors for such property located on private
property.

In contrast, most of the local assessors throughout the state, while
dedicated and hard-working, do not have the comparable expertise, In
fact, many rely on state-provided advisory appraisals.
This measure would also provide some mandate relief to local
governments. According to the March 1st preliminary report to the
Governor's Mandate Relief Redesign Team, transferring this
responsibility from local assessors to the state will save local
governments $2 million per year.
Further, this initiative would help local governments avoid costly
litigation, thereby saving taxpayers money.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
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 the 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 law.

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

                                 6832--A

                            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

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.
        499-PPPP. FINAL  DETERMINATION  OF  ASSESSMENT  CEILING; CERTIF-
                    ICATE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15141-02-2

S. 6832--A                          2

        499-QQQQ. APPLICATION  OF  ASSESSMENT  CEILING;  COMPUTATION  OF
                    EXEMPTION.
        499-RRRR. REPORTS TO STATE BOARD.
        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
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

S. 6832--A                          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.  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-

S. 6832--A                          4

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 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.

S. 6832--A                          5

  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.
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-

S. 6832--A                          6

ING 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-
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

S. 6832--A                          7

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 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

S. 6832--A                          8

pursuant to subdivision (a) of this  section,  no  later  than  December
thirty-first of the second year of such biennial period.
  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.

S6832B - Bill Details

See Assembly Version of this Bill:
A9733B
Current Committee:
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 Session:
A9733, S6832C

S6832B - Bill Texts

view 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.

view 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.

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                    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.

S6832C (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9733B
Current Committee:
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 Session:
A9733, S6832C

S6832C (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S6832C REVISED 06/18/12

TITLE OF BILL:
An act
to amend the real property tax law, in relation to assessment ceilings
for local public utility mass real property; and providing for the repeal
of such provisions upon the expiration thereof

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

SUMMARY OF 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 financial
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 § 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 Telecommunication public utility mass
properties. *This legislation provides that the Department of
Taxation and Finance (T & F) shall annually established 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 play an annual free 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. 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 year 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 continues 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 and the repeal of such
provisions four years after it takes effect.

JUSTIFICATION:
Currently in New York, Telecommunication utility
property located in the public way, known as special franchise
property, is assessed by the State, while Telecommunication utility
property located on private property is assessed by the local
assessor. In almost every other state, the responsibility for
assessing Telecommunication 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 Telecommunication transmission and distribution property by local
assessors vary greatly, with little apparent pattern. This divergence
of assessment practices places a heavy burden on Telecommunication
companies 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 for
Telecommunication'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
Telecommunication public utility mass real property.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
Impact would vary throughout the state.

EFFECTIVE DATE:
This act shall take effect on the
first January of the
second calendar year commencing after this act shall have become law
and shall apply to assessment rolls with taxable status dates on or
after such date; provided, however, that this act shall expire and be
deemed repealed four years after it takes effect; and provided,
further, that no assessment of Telecommunication 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 law shall be less than ninety percent more than


one hundred ten percent of the assessment of the same property on the
date this act shall have become a law.

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

                                 6832--C

                            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 --
  reported favorably from said committee and committed to the  Committee
  on Finance -- 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;  and  providing
  for the repeal of such provisions upon the expiration thereof

  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15141-04-2

S. 6832--C                          2

        499-NNNN. EQUALIZATION RATE.
        499-OOOO. TENTATIVE DETERMINATION OF ASSESSMENT CEILING; NOTICE,
                    COMPLAINTS AND HEARING.
        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

S. 6832--C                          3

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
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

S. 6832--C                          4

AND JURISDICTION TO ITS FULL VALUE, AS PROVIDED IN SECTION THREE HUNDRED
FIVE OF THIS CHAPTER.
  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-

S. 6832--C                          5

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.  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.

S. 6832--C                          6

  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 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.

S. 6832--C                          7

  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.
  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 this act shall expire and be deemed
repealed four years after it takes effect; and provided,  further,  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.

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