S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7370
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 25, 2017
                                ___________
 
 Introduced  by M. of A. GALEF -- read once and referred to the Committee
   on Real Property Taxation
 
 AN ACT to amend the real property tax law, in relation  to  establishing
   an energy-related public utility mass real property central assessment
   pilot  program;  and  providing for the repeal of such provisions upon
   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 separately amended by section 2 of part J of chap-
 ter 57 and chapter 475 of the laws  of  2013,  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, FOUR  HUNDRED  NINETY-NINE-BBBBB,  six  hundred  fourteen,  twelve
 hundred  ten, twelve hundred fifty-three, and twelve hundred sixty-three
 of this chapter;
   § 2. Paragraph (a) of subdivision 2 of section 200-a of the real prop-
 erty tax law, as amended by section 2 of part J of  chapter  57  of  the
 laws of 2013, 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-
 BBBBB, six hundred fourteen, twelve hundred ten, twelve  hundred  fifty-
 three, and twelve hundred sixty-three of this chapter;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11097-02-7
              

 A. 7370                             2
 
   § 3. Article 4 of the real property tax law is amended by adding a new
 title 6 to read as follows:
                                   TITLE 6
 
         ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY CENTRAL
                         ASSESSMENT PILOT PROGRAM
 SECTION 499-TTTT. DEFINITIONS.
         499-UUUU.  ANNUAL FEE.
         499-VVVV.  ASSESSMENT  OF  LOCAL  ENERGY-RELATED  PUBLIC UTILITY
                      MASS REAL PROPERTY.
         499-WWWW.  ASSESSMENT CEILING.
         499-XXXX.  LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPER-
                      TY VALUE.
         499-YYYY.  EQUITABLE RATIO OF ASSESSMENT.
         499-ZZZZ.  EQUALIZATION RATE.
         499-AAAAA. TENTATIVE  DETERMINATION   OF   ASSESSMENT   CEILING;
                      NOTICE, COMPLAINTS AND HEARING.
         499-BBBBB. FINAL  DETERMINATION  OF  ASSESSMENT CEILING; CERTIF-
                      ICATE.
         499-CCCCC. APPLICATION OF  ASSESSMENT  CEILING;  COMPUTATION  OF
                      EXEMPTION.
         499-DDDDD. REPORTS TO COMMISSIONER.
         499-EEEEE. INSPECTION  OF ACCOUNTS AND PROPERTY OF PUBLIC UTILI-
                     TIES.
   § 499-TTTT. DEFINITIONS. WHEN USED IN THIS TITLE:
   1. "LOCAL ENERGY-RELATED PUBLIC  UTILITY  MASS  REAL  PROPERTY"  MEANS
 ENERGY-RELATED  PUBLIC  UTILITY  MASS  REAL  PROPERTY THAT IS LOCATED IN
 COUNTIES WITH A POPULATION OF MORE THAN NINE HUNDRED FORTY THOUSAND  AND
 LESS  THAN ONE MILLION TWO HUNDRED THOUSAND INHABITANTS ACCORDING TO THE
 LAST DECENNIAL CENSUS.
   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  WITH  A  POPULATION  OF  MORE  THAN  NINE
 HUNDRED  FORTY  THOUSAND  AND LESS THAN ONE MILLION TWO HUNDRED THOUSAND
 INHABITANTS ACCORDING TO THE LAST DECENNIAL CENSUS.
   3. "ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY" MEANS REAL PROP-
 ERTY USED IN THE TRANSMISSION AND DISTRIBUTION OF  ELECTRICITY  AND  GAS
 LOCATED  IN  COUNTIES  WITH A POPULATION OF MORE THAN NINE HUNDRED FORTY
 THOUSAND AND LESS THAN ONE  MILLION  TWO  HUNDRED  THOUSAND  INHABITANTS
 ACCORDING  TO  THE  LAST  DECENNIAL  CENSUS, INCLUDING CONDUITS, CABLES,
 LINES, WIRES, POLES, MAINS,  PIPES,  SUBSTATIONS,  TANKS,  SUPPORTS  AND
 ENCLOSURES  FOR  ELECTRICAL  CONDUCTORS LOCATED ON, ABOVE AND BELOW REAL
 PROPERTY. SUCH TERM SHALL INCLUDE ALL PROPERTY  DESCRIBED  IN  PARAGRAPH
 (E)  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
 PARAGRAPHS (A) AND (B) AND SUBPARAGRAPHS (A), (B), (C) AND (D) OF  PARA-
 GRAPH (I) OF SUBDIVISION TWELVE OF SECTION ONE HUNDRED TWO OF THIS CHAP-
 TER  SHALL  NOT  BE  CONSIDERED  ENERGY-RELATED PUBLIC UTILITY MASS REAL
 PROPERTY FOR PURPOSES OF THIS TITLE.
   4. "TAXATION" MEANS AN AD VALOREM LEVY OR SPECIAL ASSESSMENT FOR WHICH
 ENERGY-RELATED PUBLIC UTILITY MASS REAL  PROPERTY  IS  OTHERWISE  LIABLE
 PURSUANT TO THIS CHAPTER.
   § 499-UUUU. ANNUAL FEE. ANY COSTS AND EXPENSES INCURRED BY THE COMMIS-
 SIONER  UNDER  THE  ENERGY-RELATED  PUBLIC  UTILITY  MASS  REAL PROPERTY
 CENTRAL ASSESSMENT PILOT PROGRAM SHALL BE PAID FROM THE COLLECTION OF AN

 A. 7370                             3
 
 ANNUAL CHARGE UPON THE OWNERS OF SUCH LOCAL ENERGY-RELATED PUBLIC UTILI-
 TY MASS REAL PROPERTY. THE COMMISSIONER SHALL PROVIDE BY RULE FOR COMPU-
 TATION OF SUCH CHARGE THROUGH  THE  APPORTIONMENT  OF  THESE  COSTS  AND
 EXPENSES  TO  OWNERS  OF  LOCAL  ENERGY-RELATED PUBLIC UTILITY MASS REAL
 PROPERTY IN RELATION TO THE TOTAL FULL VALUE OF THE LOCAL ENERGY-RELATED
 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 ENERGY-RELATED 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 ESTABLISHED PURSUANT TO THIS SECTION SHALL  BE  SUBJECT  TO  THE
 APPROVAL  OF  THE DIRECTOR OF THE BUDGET. EACH OWNER OF LOCAL ENERGY-RE-
 LATED 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. ALL FEES COLLECTED BY THE COMMISSIONER UNDER THIS SECTION
 SHALL BE RETAINED BY THE DEPARTMENT FOR THE PURPOSES OUTLINED HEREIN.
   § 499-VVVV. ASSESSMENT OF LOCAL  ENERGY-RELATED  PUBLIC  UTILITY  MASS
 REAL  PROPERTY.  SUBJECT TO THE PROVISIONS OF SECTION FOUR HUNDRED NINE-
 TY-NINE-CCCCC OF THIS TITLE, THE ASSESSOR IN EACH CITY, TOWN AND VILLAGE
 IN COUNTIES WITH A POPULATION OF MORE THAN NINE HUNDRED  FORTY  THOUSAND
 AND  LESS THAN ONE MILLION TWO HUNDRED THOUSAND INHABITANTS ACCORDING TO
 THE LAST DECENNIAL CENSUS, AND COUNTIES WITH A POPULATION OF  MORE  THAN
 NINE  HUNDRED FORTY THOUSAND AND LESS THAN ONE MILLION TWO HUNDRED THOU-
 SAND INHABITANTS ACCORDING TO THE LAST DECENNIAL CENSUS  SHALL  ANNUALLY
 ASSESS  ALL LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY SITU-
 ATED 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  ASSES-
 SOR  SHALL APPORTION THAT PART OF THE ASSESSMENT OF LOCAL ENERGY-RELATED
 PUBLIC UTILITY MASS REAL PROPERTY IN THE TOWN OR COUNTY TO  THE  VILLAGE
 FOR VILLAGE TAX PURPOSES.
   §  499-WWWW.  ASSESSMENT  CEILING. 1. TO DETERMINE THE EXTENT TO WHICH
 LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY SHALL  BE  EXEMPT
 UNDER  THIS  TITLE,  AN  ASSESSMENT CEILING FOR THE LOCAL ENERGY-RELATED
 PUBLIC UTILITY MASS REAL PROPERTY IN COUNTIES WITH A POPULATION OF  MORE
 THAN  NINE  HUNDRED FORTY THOUSAND AND LESS THAN ONE MILLION TWO HUNDRED
 THOUSAND INHABITANTS ACCORDING TO THE LAST  DECENNIAL  CENSUS  SHALL  BE
 ESTABLISHED ANNUALLY BY THE COMMISSIONER AS FOLLOWS:
   (A)  DETERMINE:  (I) THE LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL
 PROPERTY VALUE IN ACCORDANCE WITH THE PROVISIONS OF SECTION FOUR HUNDRED
 NINETY-NINE-YYYY OF THIS TITLE; AND (II) THE  EQUALIZATION  RATE  FACTOR
 FOR  THE  LOCAL  ENERGY-RELATED  PUBLIC  UTILITY  MASS  REAL PROPERTY IN
 ACCORDANCE WITH THE PROVISIONS OF SECTION FOUR HUNDRED  NINETY-NINE-ZZZZ
 OF THIS TITLE.
   (B) MULTIPLY THE LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPER-
 TY VALUE BY THE EQUALIZATION RATE FACTOR.
   THE RESULT SHALL BE THE ASSESSMENT CEILING.
   2. THE VALUATION DATE FOR ALL LOCAL ENERGY-RELATED PUBLIC UTILITY MASS
 REAL  PROPERTY  IN  COUNTIES WITH A POPULATION OF MORE THAN NINE HUNDRED
 FORTY THOUSAND AND LESS THAN ONE MILLION TWO HUNDRED  THOUSAND  INHABIT-
 ANTS  ACCORDING  TO  THE LAST DECENNIAL CENSUS 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  ENERGY-RELATED
 PUBLIC  UTILITY MASS REAL PROPERTY IN COUNTIES WITH A POPULATION OF MORE

 A. 7370                             4
 
 THAN NINE HUNDRED FORTY THOUSAND AND LESS THAN ONE MILLION  TWO  HUNDRED
 THOUSAND  INHABITANTS  ACCORDING  TO  THE LAST DECENNIAL CENSUS 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  ENERGY-RELATED  PUBLIC  UTILITY
 MASS  REAL  PROPERTY  APPEARING  ON THE MUNICIPAL ASSESSMENT ROLL WITH A
 TAXABLE STATUS DATE OCCURRING IN THE SECOND PRECEDING CALENDAR YEAR FROM
 WHEN THIS SECTION SHALL TAKE EFFECT, EXCEPT THAT  THE  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 RETIRE-
 MENTS  TO  ENERGY-RELATED  PUBLIC UTILITY MASS REAL PROPERTY IN COUNTIES
 WITH A POPULATION OF MORE THAN NINE HUNDRED FORTY THOUSAND AND LESS THAN
 ONE MILLION TWO HUNDRED  THOUSAND  INHABITANTS  ACCORDING  TO  THE  LAST
 DECENNIAL  CENSUS OR LITIGATION AFFECTING THE VALUE OR TAXABLE STATUS OF
 THE LOCAL ENERGY-RELATED PUBLIC UTILITY  MASS  REAL  PROPERTY  INITIATED
 PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
   §  499-XXXX.  LOCAL  ENERGY-RELATED  PUBLIC UTILITY MASS REAL PROPERTY
 VALUE. THE COMMISSIONER SHALL COMPUTE THE  LOCAL  ENERGY-RELATED  PUBLIC
 UTILITY MASS REAL PROPERTY VALUE AS FOLLOWS:
   1.  THE  LOCAL  REPRODUCTION COST OF THE ENERGY-RELATED PUBLIC UTILITY
 MASS REAL PROPERTY OF EACH ENERGY-RELATED PUBLIC UTILITY MASS REAL PROP-
 ERTY OWNER IN COUNTIES WITH A POPULATION OF MORE THAN NINE HUNDRED FORTY
 THOUSAND AND LESS THAN ONE  MILLION  TWO  HUNDRED  THOUSAND  INHABITANTS
 ACCORDING TO THE LAST DECENNIAL CENSUS IS THE COST OF REPRODUCTION, LESS
 DEPRECIATION OF THAT ENERGY-RELATED PUBLIC UTILITY 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 AN  ENERGY-RELATED  PUBLIC  UTILITY  MASS  REAL
 PROPERTY OWNER. EVERY SUCH APPLICATION SHALL BE SUBMITTED WITH THE ANNU-
 AL  REPORT  REQUIRED  BY  SECTION FOUR HUNDRED NINETY-NINE-DDDDD OF THIS
 TITLE.
   § 499-YYYY. EQUITABLE RATIO OF ASSESSMENT. THE  COMMISSIONER  AND  ANY
 ASSESSING  AUTHORITY SHALL BE PROHIBITED FROM ASSESSING LOCAL ENERGY-RE-
 LATED PUBLIC UTILITY MASS REAL PROPERTY AT A VALUE  THAT  HAS  A  HIGHER
 RATIO  TO THE FULL VALUE OF THE LOCAL ENERGY-RELATED 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.
   § 499-ZZZZ. 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.

 A. 7370                             5
 
   § 499-AAAAA. 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  ENERGY-
 RELATED  PUBLIC UTILITY MASS REAL PROPERTY. THEREAFTER, THE COMMISSIONER
 SHALL  GIVE NOTICE, IN WRITING OR ELECTRONICALLY, TO EACH ASSESSING UNIT
 AND EACH OWNER OF LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY
 FOR WHICH SUCH TENTATIVE DETERMINATION OF AN  ASSESSMENT  CEILING  SHALL
 HAVE BEEN MADE, SPECIFYING THE AMOUNT OF SUCH CEILING, AND MAKING AVAIL-
 ABLE  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 ENERGY-RELATED 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 ENERGY-RELATED  PUBLIC
 UTILITY  MASS REAL PROPERTY, 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.
   § 499-BBBBB. FINAL DETERMINATION OF ASSESSMENT  CEILING;  CERTIFICATE.
 1.  AFTER THE HEARING PROVIDED IN SECTION FOUR HUNDRED NINETY-NINE-AAAAA
 OF THIS TITLE, THE COMMISSIONER SHALL FINALLY DETERMINE  THE  ASSESSMENT
 CEILING  FOR  THE LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY
 OF EACH LOCAL ENERGY-RELATED 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-
 ZZZZ 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  ENERGY-RELATED  PUBLIC

 A. 7370                             6
 
 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 ENERGY-RELATED PUBLIC UTILITY MASS
 REAL PROPERTY OR A LOCAL ASSESSING JURISDICTION IN  A  PROCEEDING  UNDER
 ARTICLE  SEVEN  OF  THIS CHAPTER; PROVIDED HOWEVER, THE TIME TO COMMENCE
 SUCH PROCEEDING SHALL BE WITHIN SIXTY DAYS OF THE ISSUANCE OF THE  FINAL
 ASSESSMENT  CEILING  CERTIFICATE AND ALL QUESTIONS OF FACT AND LAW SHALL
 BE DETERMINED DE NOVO. ANY JUDICIAL PROCEEDING SHALL BE COMMENCED IN THE
 SUPREME COURT IN THE COUNTY OF ALBANY OR COUNTIES WITH A  POPULATION  OF
 MORE  THAN  NINE  HUNDRED  FORTY  THOUSAND AND LESS THAN ONE MILLION TWO
 HUNDRED THOUSAND INHABITANTS ACCORDING TO  THE  LAST  DECENNIAL  CENSUS.
 NOTHING IN THIS SECTION SHALL PRECLUDE A CHALLENGE OF THE ASSESSED VALUE
 ESTABLISHED  BY  A  LOCAL  ASSESSING  JURISDICTION WITH RESPECT TO LOCAL
 ENERGY-RELATED 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
 ENERGY-RELATED  PUBLIC  UTILITY  MASS REAL PROPERTY, THE FINAL CERTIFIED
 ASSESSMENT CEILING ESTABLISHED  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
 SECTION SHALL NOT BE CONSIDERED BY THE COURT.
   §   499-CCCCC.  APPLICATION  OF  ASSESSMENT  CEILING;  COMPUTATION  OF
 EXEMPTION. 1. UPON RECEIPT OF A  CERTIFICATE  SETTING  FORTH  THE  FINAL
 CERTIFIED  ASSESSMENT  CEILING  FOR  LOCAL ENERGY-RELATED PUBLIC UTILITY
 MASS REAL PROPERTY, THE ASSESSOR SHALL COMPARE THE  ASSESSED  VALUATIONS
 ATTRIBUTABLE  TO THE LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROP-
 ERTY FOR EACH OWNER OF LOCAL ENERGY-RELATED  PUBLIC  UTILITY  MASS  REAL
 PROPERTY  INCLUDED  IN  THE ASSESSMENT CEILING.   WHERE THE OWNER OF THE
 LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY REPORTS  INFORMA-
 TION  BY  SPECIFIC  PROPERTY  IDENTIFICATION  TO THE COMMISSIONER OR THE
 LOCAL ASSESSING JURISDICTION  HAS  IMPLEMENTED  A  SYSTEM  MADE  BY  THE
 COMMISSIONER STANDARDIZING THE IDENTITY OF ENERGY-RELATED PUBLIC UTILITY
 MASS  REAL PROPERTY ON ASSESSMENT ROLLS, SUCH CERTIFIED ASSESSMENT CEIL-
 INGS SHALL BE PROVIDED BY THE COMMISSIONER, 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 ENERGY-RELATED PUBLIC UTILITY MASS REAL
 PROPERTY, THE ASSESSOR NEED NOT MAKE ANY  ADJUSTMENT  IN  SUCH  ASSESSED
 VALUATION.  PROVIDED,  HOWEVER,  IF  THE  ASSESSED VALUATION EXCEEDS THE
 FINAL CERTIFIED ASSESSMENT CEILING, AS SET  FORTH  IN  THE  CERTIFICATE,
 SUCH  LOCAL  ENERGY-RELATED  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  ENERGY-RELATED  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 ENERGY-RELATED
 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

 A. 7370                             7
 
 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 ENERGY-RELATED 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
 ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY,  THEN  SUCH  OWNER  OF
 LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY SHALL BE ENTITLED
 TO  A REFUND IN ACCORDANCE WITH SECTION SEVEN HUNDRED TWENTY-SIX OF THIS
 CHAPTER.
   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.
   § 499-DDDDD. REPORTS TO COMMISSIONER. 1. THE COMMISSIONER MAY  REQUIRE
 FROM  AN OWNER OF LOCAL ENERGY-RELATED 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 ENERGY-RELATED PUBLIC UTILITY MASS REAL PROP-
 ERTY,  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 ENERGY-RE-
 LATED PUBLIC UTILITY MASS REAL PROPERTY OWNERS.
   2. EVERY REPORT REQUIRED BY OR MADE 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 INFORMA-
 TION. THE COMMISSIONER MAY PREPARE AND REQUIRE  THE  USE  OF  FORMS  FOR
 MAKING SUCH REPORTS.
   3. ANY OWNER OF LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY
 FAILING  TO FILE AN ANNUAL REPORT AS REQUIRED BY THIS SECTION WITHIN THE
 TIME SPECIFIED 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  ENERGY-RELATED
 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 ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY
 FAILS TO FURNISH A REPORT REQUIRED BY THIS SECTION WITHIN  THE  REQUIRED
 TIMEFRAME, THE COMMISSIONER MAY COMMENCE A SPECIAL PROCEEDING IN SUPREME
 COURT TO COMPEL SUCH OWNER TO FURNISH SUCH REPORT.
   5.  IF AN OWNER OF LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROP-
 ERTY FAILS TO SUBMIT AN ANNUAL REPORT AS REQUIRED BY THIS  SECTION,  THE
 ASSESSMENT  CEILING  ON  THE NEXT ANNUAL ASSESSMENT ROLL SHALL BE CALCU-
 LATED USING THE BEST INFORMATION AVAILABLE TO THE COMMISSIONER.
   6. IF AN OWNER OF LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL  PROP-
 ERTY MAKES REASONABLE EFFORTS TO FILE AN ANNUAL REPORT, SUCH OWNER SHALL
 NOT BE SUBJECT TO ANY CHARGE OR FINE PURSUANT TO THIS SECTION.

 A. 7370                             8
 
   §  499-EEEEE. 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 ENERGY-RELATED PUBLIC UTILITY MASS REAL
 PROPERTY  OWNER RELATING TO THE LOCAL ENERGY-RELATED PUBLIC UTILITY MASS
 REAL PROPERTY.
   2. THE COMMISSIONER SHALL, AT REASONABLE TIMES IN THE NORMAL  BUSINESS
 OPERATIONS OF THE LOCAL ENERGY-RELATED 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 ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY IS SITUATED.
   §  4. (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 energy-related public utility mass real property,
 shall examine and evaluate whether energy-related  public  utility  mass
 real  property  continues  to constitute a "specialty" and, if not, such
 commissioner shall examine and evaluate alternative valuation  methodol-
 ogies  to the reproduction cost less depreciation methodology to compute
 the value of local energy-related 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 professional 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 energy-related public  utility
 mass real property and shall report to the governor, the temporary pres-
 ident  of the senate and the speaker of the assembly his or her findings
 and recommendations, including any amendment of statute  or  regulation,
 related to this examination and evaluation.
   §  5. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a  law  and  shall  apply  to
 assessment  rolls  with  taxable  status  dates  on  or after such date;
 provided, however, that:
   a. this act shall expire and be deemed repealed five years after  such
 effective date;
   b.  no  assessment  of  local  energy-related 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; and
   c. the amendments to paragraph (a) of subdivision 2 of  section  200-a
 of  the  real property tax law made by section one of this act shall not
 affect the expiration and reversion of such section pursuant to  section
 1 of chapter 475 of the laws of 2013, when upon such date the provisions
 of section two of this act shall take effect.