* § 54-b. State assistance to certain public corporations in which
railroad real property is partially exempt from taxation. 1. When used
in this section, unless otherwise expressly stated:

a. "Public corporation" means a county, city, town, village, school
district, town or county improvement district, district corporation or
special district in which real property is subject to taxation or
special ad valorem levies.

b. "Railroad company" means a corporation, joint stock company,
association, partnership, individual or other person which is operating
a railroad system as a common carrier by rail, including but not limited
to a street, surface, underground or elevated railroad, whether as
owner, lessee, mortgagee, trustee, receiver or assignee of railroad real
property, and to which the provisions of title two-a of article four of
the real property tax law apply as a result of the exercise of the
option provided in section four hundred eighty-nine-v of the real
property tax law.

c. "Railroad real property" means the land, real estate and real
property (as defined in subdivision twelve of section one hundred two of
the real property tax law) of a railroad company, which is used by such
railroad company for transportation purposes and includes (a) such
property leased to such railroad company, (b) such property used or
occupied by such railroad company, title to which is in the state or in
any municipal corporation thereof under any of the grade crossing
elimination acts, and (c) the tangible property of a railroad company
situated upon, under, over or above any street, highway, public place or
public waters and the value of any franchise, right or permission to
construct, maintain or operate a railroad in, under, over, above, or on
through, streets, highways or public places.

d. "Tax" or "taxation" means an ad valorem charge or special ad
valorem levy imposed upon real property by or on behalf of a public
corporation.

e. "Base fiscal year" means the last fiscal year of a public
corporation commencing prior to July first, nineteen hundred fifty-nine;
provided, however, that when a railroad company elects after July first,
nineteen hundred seventy-one to have the provisions of title two-A of
article four of the real property tax law apply, then "base fiscal year"
for the purposes of this section only means the last fiscal year of a
public corporation commencing prior to July first of the year preceding
the calendar year in which the first railroad ceiling is determined; and
further provided, however, that when railroad real property is acquired
by a profitable railroad as defined in section one hundred two of the
regional rail reorganization act of nineteen hundred seventy-three, or a
subsidiary thereof, from a railroad in reorganization as therein
defined, in connection with or pursuant to a plan of reorganization or
restructuring under or pursuant to the regional rail reorganization act
of nineteen hundred seventy-three, the base fiscal year for purposes of
this section only shall continue to be the base fiscal year applicable
to such property prior to such acquisition.

f. "Current fiscal year" means the fiscal year of the public
corporation for which taxes are levied on the assessment roll affected
by the railroad ceiling on account of which state aid is being
calculated for the public corporation under this section.

g. "Change in the level of assessment" means the net increase or
decrease in the assessed valuation of the taxable property on an
assessment roll as a result of assessing such property at a higher or
lower ratio of full value.

2. State assistance shall be apportioned and paid in accordance with
this section to each public corporation in the state in which there is
railroad real property which became partially exempt from taxation under
title two-a of article four of the real property tax law prior to April
first, nineteen hundred seventy-six and in which the taxes levied
against railroad real property by or on behalf of such public
corporation for its base fiscal year exceeded one hundred thousand
dollars ($100,000) or two per cent of the total amount of taxes levied
against all real property by or on behalf of such public corporation for
its base fiscal year.

3. The chief fiscal officer of a public corporation entitled to state
assistance under this section shall, during such fiscal year of such
public corporation commencing on or after July first, nineteen hundred
sixty:

a. Compute the total amount of taxes levied by or on behalf of such
public corporation against railroad real property for the base fiscal
year and deduct therefrom the sum of the following two amounts:

(1) An amount equal to any sums which, on or before December
thirty-first, nineteen hundred fifty-nine shall have been paid or
credited or determined to be payable to any railroad company by a public
corporation directly or indirectly on account of such real property
taxes; and

(2) The total amount of such taxes levied against tangible railroad
real property retired or no longer used for transportation purposes and
therefore no longer assessable as railroad real property with respect to
the tax levy for the current fiscal year of such public corporation; and

b. Subtract from the amount computed pursuant to paragraph a the total
amount of taxes which would have been levied by or on behalf of such
public corporation against railroad real property for the current fiscal
year of such public corporation if the tax rate for the year preceding
the current fiscal year when adjusted to reflect any changes in the
level of assessment had been applied to the railroad ceiling established
for the current fiscal year; provided, however, that if the tax rate for
the base fiscal year of such public corporation when adjusted to reflect
subsequent changes in the level of assessment, exceeded the tax rate for
the fiscal year preceding the current fiscal year, such higher tax rate
shall be used, and provided further that the amount subtracted pursuant
to this paragraph shall be reduced by the total of any amounts paid or
payable to any railroad company by a city on account of real property
taxes levied by such city against exempt railroad real property for the
current fiscal year in lieu of separately assessing such exempt railroad
real property.

4. The amount of state assistance payable to the public corporation
shall be fifty per cent of the difference in total taxes on railroad
real property computed as provided in subdivision three of this section
except that if the amount computed as provided in subdivision five of
this section is greater, state assistance shall be paid in such greater
amount.

5. a. Calculate the sum of the following three amounts:

(1) The result of applying the tax rate for the fiscal year preceding
the current fiscal year to the amount by which the railroad ceiling for
such preceding year exceeded the railroad ceiling for the current fiscal
year after the ceiling for the current fiscal year shall have been
adjusted to eliminate the effects of the changes, if any, in the level
of assessment on the assessment roll for which such ceiling was
established and to reflect the same property which was included in
establishing the ceiling for the preceding fiscal year;

(2) The total amount of state aid received or receivable by the public
corporation for the fiscal year preceding the current fiscal year
pursuant to this section; and

(3) An amount which will limit the tax rate increase in any year for a
public corporation to two per cent where such increase would result from
the exemption of railroad real property pursuant to the provisions of
titles two-a and two-b of the real property tax law, and (i) the
acquisitions of real property by the state or an agency of the state, or
(ii) reductions in assessments on taxable state-owned lands, or (iii)
both (i) and (ii). All terms used in this paragraph which are not
otherwise defined in this section shall have the same meaning as set
forth in section five hundred forty-five of the real property tax law.

b. Subtract from the sum calculated in paragraph a of this subdivision
two per cent of the total amount of taxes levied by or on behalf of the
public corporation for the fiscal year preceding the current fiscal
year.

c. Whenever the result of the subtraction provided for in paragraph b
of this subdivision exceeds the amount of state aid which would be paid
to the public corporation pursuant to subdivision three of this section,
the public corporation shall be entitled to the amount of state aid
calculated pursuant to this subdivision notwithstanding that the levy of
taxes for the base fiscal year of such public corporation on railroad
real property did not exceed either one hundred thousand dollars
($100,000) or two per cent of the total amount of taxes levied against
all real property by or on behalf of such public corporation.

6. During the state fiscal year commencing April first, nineteen
hundred seventy-eight, the chief fiscal officer of a public corporation
entitled to state assistance under this section shall make application
for such assistance to the state board. Whenever in a city with a
population of one hundred twenty-five thousand or more no separate
school district tax rate is determined and used in levying and extending
school taxes, the chief fiscal officer of such city shall file one
application which shall contain consolidated information and data with
respect to taxes levied by or on behalf of such city and city school
district. The application shall be made on a form approved by such board
and shall contain such information as the board shall require. For the
purpose of the application, the assessor of each assessing unit shall
supply the necessary information to the chief fiscal officer of any
public corporation for which taxes have been levied within the assessing
unit. The application shall be made within three months after the
commencement of the first fiscal year of such public corporation
commencing on or after April first, nineteen hundred seventy-eight or
within ninety days of the effectiveness of the provisions of this
subdivision as last amended whichever last occurs. Upon approval by the
state board of the application made pursuant to this subdivision and,
upon computation and certification by the state board to the comptroller
of the amount of state assistance payable to each public corporation
pursuant to this section, such state assistance shall be apportioned and
paid to such public corporation on audit and warrant of the comptroller
out of moneys appropriated by the legislature for state assistance to
public corporations in which railroad real property is partially exempt
from taxation.

7. Notwithstanding any other provisions of this section or of any
other law, state assistance shall be payable under this section to any
public corporation in which certain railroad real property would be
exempt from taxation under title two-a and title two-b of article four
of the real property tax law but for the provisions of subdivision two
of section four hundred eighty-nine-d of such law, in the same amount
for which such public corporation would have qualified if such exemption
had been effective, provided, however, that if such public corporation
at any time receives any of the taxes which were levied against such
railroad real property as a result of the applicability of said
subdivision two of section four hundred eighty-nine-d, the public
corporation shall notify the state board of equalization and assessment
of the amount of taxes so received and shall repay to the state an
equitable share of the taxes so received. For purposes of this
subdivision, "equitable share of the taxes so received" shall mean an
amount determined by such board equal to the difference between the
aggregate state assistance paid to such public corporation pursuant to
this subdivision and the aggregate state assistance which would have
been payable to such public corporation if the taxes so received had
been taken into account in computing the aggregate state assistance
payable pursuant to this section.

8. a. Notwithstanding any other provision of this section or of any
other law, any public corporation in which is located any real property
(1) with respect to which the metropolitan transportation authority or
any subsidiary corporation of that authority is entitled to tax
exemption pursuant to section twelve hundred seventy-five or twelve
hundred sixty-six, subdivision five, of the public authorities law, and
(2) which constitutes railroad facilities as defined in subdivision ten
of section twelve hundred sixty-one of such law and (3) which is used
for transportation purposes, shall be entitled to apportionment and
payment of state assistance under the foregoing subdivisions of this
section in the same manner and to the same extent as if such real
property were railroad real property exempt from taxation pursuant to
title two-b of article four of the real property tax law, except in
making such computations, the state board of equalization and assessment
shall use an exemption factor of one hundred percent.

In the case of such property of a railroad which was exempt from
taxation pursuant to section four hundred seventy-six of the real
property tax law for fiscal year commencing on or after July first,
nineteen hundred fifty-four, the state board shall determine the total
amount of taxes which would have been levied but for the provisions of
titles two-a and two-b of article four of the real property tax law, by
or on behalf of such public corporation on account of the transportation
property of such railroad for the current fiscal year by: (1)
ascertaining the amount of taxes finally determined to be payable on
such property for the first fiscal year in which such property qualified
for an exemption under section four hundred seventy-six of the real
property tax law adjusted for any such property retired or otherwise
disposed of, (2) multiplying the amount so computed for each such
corporation by three, and (3) further adjusting the result by the ratio
which the tax rate for such public corporation for the fiscal year next
preceding the first fiscal year for which the aid is to be paid pursuant
to this subdivision bears to the tax rate adjusted for changes in level
of assessment for such public corporation in the first fiscal year for
which such property qualified for exemption under section four hundred
seventy-six of the real property tax law. The result of such computation
shall be used as prescribed in paragraph b of subdivision three of this
section.

b. For the first fiscal year for which state aid is paid pursuant to
this subdivision, the amount of aid shall be equal to one hundred
percent of the amount computed pursuant to this section, and each
succeeding fiscal year thereafter such amount shall be reduced by an
amount equal to three percent of the amount payable for the first year
for which state aid is paid pursuant to this subdivision.

9. Notwithstanding any other provision of this section, the amount of
state assistance payable to a public corporation pursuant to this
section in the state fiscal year commencing on April first, nineteen
hundred seventy-eight shall be the amount of state assistance that was
paid to such public corporation in the state fiscal year commencing on
April first, nineteen hundred seventy-seven. Upon ascertainment of
state assistance payable, pursuant to this subdivision, such state
assistance shall be apportioned and paid to such public corporation on
audit and warrant of the comptroller out of moneys apportioned by the
legislature.

10. Notwithstanding any inconsistent provision of this section or
other law, the provisions of this section shall remain in force and
effect only until March thirty-first, nineteen hundred seventy-nine.

* NB Expired March 31, 1979