Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Dec 18, 2017 |
approval memo.62 signed chap.501 |
Dec 06, 2017 |
delivered to governor |
Jun 20, 2017 |
returned to senate passed assembly ordered to third reading rules cal.546 substituted for a7370 |
Jun 19, 2017 |
referred to ways and means delivered to assembly passed senate ordered to third reading cal.1962 |
Jun 06, 2017 |
reported and committed to rules |
May 04, 2017 |
referred to local government |
Senate Bill S5892
Signed By Governor2017-2018 Legislative Session
Relates to establishing an energy-related public utility mass real property central assessment pilot program
download bill text pdfSponsored By
(D) Senate District
Archive: Last Bill Status - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
-
-
-
-
Floor Vote: Jun 19, 2017
aye (62)- Addabbo Jr.
- Akshar
- Alcantara
- Amedore
- Avella
- Bailey
- Benjamin
- Bonacic
- Boyle
- Breslin
- Brooks
- Carlucci
- Comrie
- Croci
- DeFrancisco
- Diaz
- Dilan
- Felder
- Flanagan
- Funke
- Gallivan
- Gianaris
- Golden
- Griffo
- Hamilton
- Hannon
- Helming
- Hoylman-Sigal
- Jacobs
- Kaminsky
- Kennedy
- Klein
- Krueger
- LaValle
- Lanza
- Larkin
- Latimer
- Little
- Marcellino
- Marchione
- Montgomery
- Murphy
- O'Mara
- Ortt
- Parker
- Peralta
- Persaud
- Phillips
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sanders Jr.
- Savino
- Serino
- Seward
- Squadron
- Stavisky
- Stewart-Cousins
- Tedisco
- Valesky
- Young
excused (1)
-
Jun 19, 2017 - Rules Committee Vote
S589219Aye0Nay6Aye with Reservations0Absent0Excused0Abstained-
-
Rules Committee Vote: Jun 19, 2017
aye (19)
-
-
-
2017-S5892 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7370
- Law Section:
- Real Property Tax Law
- Laws Affected:
- Amd §200-a, add Art 4 Title 6 §§499-tttt - 499-eeeee, RPT L
2017-S5892 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5892 TITLE OF BILL : 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 PURPOSE OR GENERAL IDEA OF BILL : This legislation establishes a demonstration pilot program so that municipalities located in Westchester County can work with the State's Office of Real Property Tax Services (ORPTS) to shift the work and cost of performing the assessment of land, for real property tax purposes, utility-owned real property located on privately owned land in such county. Such properties would be exclusively those used in the transmission and distribution of electricity and gas, which is a very specialized type or classification of real property to perform a real property tax assessment of. SUMMARY OF SPECIFIC PROVISIONS : Sections 1 and 2: Amends Real Property Tax Law (RPTL) Section 200-a (2) to make a technical amendment so as to provide that the State Board of Real Property Tax Services (ORPTS) would have the authority
to make the financial determination of an assessment ceiling when a complaint has been filed pursuant to Real Property Tax Law § 499-bbbbb. Section 3: Amends RPTL Article 4 to add a new Title 6, titled "Energy-Related Public Utility Mass Real Property Central Assessment Pilot Program," to consist of § 499-tttt through § 499-eeeee. Title 6 creates a energy-related public utility mass real property central assessment pilot program in which the state will assesses utility-owned real property that is located on privately owned land in Westchester County and which is used in the transmission and distribution of electricity and gas. New § 499-tttt defines key terms, including "local energy-related public utility mass real property," "local assessing jurisdiction," "energy-related public utility mass real property" and "taxation." New § 499-uuuu authorizes the Department of Taxation and Finance to recover from the owners of local energy-related public utility mass real property any costs incurred by the Department under the energy-related public utility mass real property central assessment pilot program through the imposition of an annual fee. New § 499-vvvv sets forth the process for the assessment of local energy-related public utility mass real property under this pilot program. New § 499-wwww sets an annual assessment ceiling for local energy-related public utility mass real property under this pilot program. New § 499-xxxx sets forth the process through which ORPTS will assess the value of local energy-related public utility mass real property under this pilot program on behalf of the local tax assessing jurisdiction. By ORTPS performing such real property tax assessment services, the local taxing jurisdiction will not need to do so and will be relieved of the expense of performing such services. New § 499-yyyy provides that local energy-related public utility mass real property shall be assessed at the same value and ratio as other real property in the same assessment class and jurisdiction. New § 499-zzzz directs ORPTS to apply the final state equalization rate for the assessment roll of the local assessing jurisdiction for which the ceiling is established when it determines assessment ceilings. New § 499-aaaaa sets forth a process for ORPTS to make a tentative determination of assessment ceiling, and requires notice to be provided to local assessors and owners of local energy-related public utility mass real property. This section would also allow objections filed by property owners and local assessing units to be considered before any assessment is finalized. New § 499-bbbbb sets forth the process through which the final determination of an assessment ceiling will be, and provides for judicial review of such determinations. New § 499-ccccc provides for the local assessors' application of the assessment ceiling. It provides that upon receipt of a certified assessment ceiling for local energy-related public utility mass real property, the assessor must utilize the ceilings as determined by ORPTS in its assessment calculations and reduce the assessment of such property so that the taxable assessed valuation does not exceed the certified assessment ceiling. New § 499-ddddd authorizes the Department of Taxation and Finance to require the owner of local energy-related public utility mass real property to report annually and provide data as prescribed by the Department. § 499-eeeee grants the Department of Taxation and Finance the authority to review records maintained by local energy-related public utility mass real property owners, and the authority to inspect the property itself. Section 4: This provision, requires, within two years of the effective date of this measure becoming law, that the Department of Taxation and Finance shall report to the Governor, the Temporary President of the Senate, and the Assembly Speaker as to whether energy-related public utility mass real property continues to constitute a "specialty" and make recommendations related to alternative valuation methodologies to compute the value of local energy-related public utility mass real property. Section 5: This provision makes this pilot program effective on the first day of January after it becomes law, and provides for the repeal of these provisions five years after it takes effect. JUSTIFICATION : This legislation institutes a five-year pilot program for real property located in municipalities located in Westchester County so that the State can take over and perform the assessment services related to assessing the value of utility-owned real property located on privately owned land that is used in the transmission and distribution of electricity and gas. These are very specialized assessments that are now currently being done by ORPTS, in addition to local municipalities. The state already assesses telecommunications equipment located on privately owned land (see Chapter 475 of the Laws of 2013). It has proven successful in ensuring uniformity and predictability to utility property real property tax assessments, as well as a reduction in litigation regarding utility property assessments. Instituting central assessment for utility property, as a pilot project, first in Westchester County, will eliminate duplication of local efforts to assess property that ORPTS is better suited to perform. Utility property assessment is extremely complex, and proper valuation requires specialized engineering and accounting expertise as well as equipment inventory data that the local governmental assessors, in many cases, may not have. Should this pilot program be successful, it is the hope of the bill's sponsor to extend this pilot program to other parts of the state and eventually the entire state. In the end, such efforts should help to reduce the overhead costs associated with assessing such properties, which, in turn, will lead to enhancing the amount of revenue that is retained by such taxing authorities. Governor Cuomo's Tax Reform and Fairness Commission recommended, in its final report (November 2013), that the state take over the assessment of utility property. The Commission said that central assessment of utility property: "...could provide some financial relief to local governments, who must secure the expertise to value complex property and who frequently must defend these assessments in court, often resulting in costly refunds. Providing a State assessment function could assist local governments and provide assessment certainty to the business community." Central assessment of utility property also affords a uniform method of assessing all special franchise utility property. The assessed value of utility property should not be dependent on who is doing the assessment. Rather, it should be determined by consistent, predictable assessment methodologies and applied uniformly to all covered property. The additional cost to the State of performing this function will be offset by increasing the utility companies' annual ORPTS assessment. The property tax reductions and utility company administrative savings (such as the avoidance of litigation over assessments) that are realized by having ORPTS assess utility property will benefit not only municipal land tax payers, but utility customers as well. PRIOR LEGISLATIVE HISTORY : New bill. FISCAL IMPLICATIONS : None to the state, as the owners of energy-related public utility mass real property will pay the state's administrative costs to perform such assessment services. EFFECTIVE DATE : Takes effect on the first of January after it becomes law, and expires and is deemed repealed five years after it takes effect.
2017-S5892 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5892 2017-2018 Regular Sessions I N S E N A T E May 4, 2017 ___________ Introduced by Sen. KLEIN -- 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 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
S. 5892 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 S. 5892 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 S. 5892 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. S. 5892 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 S. 5892 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 S. 5892 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. S. 5892 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.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.