This bill has been amended

Bill S6832B-2011

Establishes assessment ceilings for local public utility mass real property

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.

Details

Actions

  • Jun 6, 2012: REPORTED AND COMMITTED TO FINANCE
  • May 23, 2012: PRINT NUMBER 6832B
  • May 23, 2012: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • Apr 11, 2012: PRINT NUMBER 6832A
  • Apr 11, 2012: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • Mar 27, 2012: REFERRED TO LOCAL GOVERNMENT

Meetings

Votes

VOTE: COMMITTEE VOTE: - Local Government - Jun 6, 2012
Ayes (8): Martins, Ball, Little, McDonald, Ritchie, Stewart-Cousins, Oppenheimer, Klein

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 6832--B IN SENATE 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.
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
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 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.
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
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.
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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.

Discuss!

blog comments powered by Disqus