dliu1/legal-llama-raw-text huggingface dataset:
completed in accordance with, and is in  compliance  with,  an  approved
capital  project  proposal,  the commissioner is authorized to forward a
certificate of approval to the property owner thereof, with the approved
capital project proposal for the completed capital project.
(c) The department is hereby authorized to adopt and promulgate  rules
and  regulations  necessary for the implementation of this section. Such
regulations may relate to the nature and  content  of  eligible  capital
projects, approved capital project proposals, certifications and notices
issued  by  the  commissioner, and completed capital projects. Rules and
regulations relating to capital projects and  approved  capital  project
proposals   or   amendments  thereto  may  provide  for  alternative  or
contingent terms based on the scope and nature of the capital project.
(d) This section  shall  apply  to  any  certified  completed  capital
project.    The  obligations  and benefits of this section shall devolve
upon the property owner and the heirs, successors, and assigns  thereof,
3.  (a)  Whenever  any  alteration  of  a completed capital project is
proposed during the period of exemption pursuant to section four hundred
eighty-nine-d or four hundred eighty-nine-dd of this article in a manner
that would reduce the utility of  the  completed  capital  project,  the
property  owner  shall  give  not  less  than  sixty  days notice to the
commissioner in a manner and upon such form as shall  be  prescribed  by
the department. Such notice shall include information as to the location
and nature of such proposed alteration.
(b)  The  commissioner  shall, in response to a notice from a property
owner or on the commissioner's own initiative, after notice and hearing,
issue a notice of revocation  of  the  certificate  of  approval  issued
pursuant  to this section for any completed capital project whenever the
commissioner finds that:
(i) any completed capital project or portion thereof is not maintained
or is converted to a use which precludes the use of the improvement  for
common carrier railroad use; or
(ii)  the property owner fails to give notice of a proposed alteration
of such completed capital project pursuant  to  paragraph  (a)  of  this
subdivision; or
(iii)  the  property  owner  fails  to  comply  with  the terms of the
approved capital project proposal for such improved property.
4. Any determination made pursuant to this section  shall  be  binding
upon the commissioner in any calculation pursuant to this title or title
two-B of this article.
Railroad ceiling; transitional adjustment. 1. Any reduction
in a railroad ceiling established pursuant to this title or title  two-B
of  this  article resulting from amendments to this title or title two-B
of this article effective in the year two thousand three for  assessment
rolls  filed  in  two thousand three through two thousand eight shall be
adjusted as follows:
(a) Ceilings for assessment rolls filed in two thousand three and  two
thousand  four  shall  only  be  reduced by one-fourth of the difference
between the ceilings or assessments against which taxes were  levied  on
assessment  rolls  filed  in two thousand and the ceilings that would be
established for the two thousand three and two thousand four  assessment
rolls but for the provisions of this section.
(b)  Ceilings  for assessment rolls filed in two thousand five and two
thousand six shall only be reduced by one-half of the difference between
the  ceilings  or  assessments  against  which  taxes  were  levied   on
assessment  rolls  filed in two thousand, and the ceilings that would be
established for the two thousand five and two  thousand  six  assessment
(c)  Ceilings for assessment rolls filed in two thousand seven and two
thousand eight shall only be reduced by three-quarters of the difference
established for the two thousand seven and two thousand eight assessment
(d) In calculating  the  limitations  created  by  this  section,  the
commissioner  shall  reflect  any material change in level of assessment
calculated pursuant to article  twelve  of  this  chapter  and  any  new
construction  or  demolition  in the net amount of five hundred thousand
dollars or more in any one year.
2. State assistance shall be paid pursuant to this section,  beginning
in  the  year  two thousand three, to municipal corporations and special
districts that are affected by amendments to this title or  title  two-B
of  this article enacted in the year two thousand two; provided that the
determination of such assistance shall be subject to the approval of the
director of the budget.
(a) Upon issuance of a warrant by a tax-levying body for an assessment
roll filed in the year two thousand three, the chief fiscal  officer  of
such  tax-levying  body  shall  report to the commissioner the amount of
taxes  due  on  any  assessment  of  railroad  transportation   property
appearing  on  such  roll,  or the taxes that would have been due on the
railroad ceiling for that property if such ceiling were higher than  the
assessment,  and  the taxes paid on the same assessment of such railroad
real property appearing on the assessment roll filed  in  the  year  two
thousand.  A county shall prepare a single report for the cities, towns,
and special districts for which it levies taxes. The commissioner  shall
thereupon  certify to the comptroller payment of state assistance in the
amount by which the  amount  of  taxes  paid  on  those  assessments  or
ceilings  on  the  assessment roll filed in the year two thousand exceed
the taxes due on the lower of the  assessment  or  ceiling  of  railroad
transportation  property  appearing  on the assessment roll filed in the
year two thousand three.
(b) Upon annexation of a warrant to an assessment roll  filed  in  two
thousand  four  through two thousand six, the commissioner shall certify
payments in the same amount as  those  certified  for  assessment  rolls
completed  in  two  thousand  three.  Upon annexation of a warrant to an
assessment roll filed in two thousand seven and two thousand eight,  the
commissioner  shall  certify payments in the amount of one hundred fifty
percent of the amount certified for assessment rolls  completed  in  two
thousand  three.  For  assessment  rolls  completed in two thousand nine
through two thousand twelve, the commissioner shall certify payments  in
the amount of two hundred percent of the amount certified for assessment
rolls  completed  in  two thousand three. Any state aid pursuant to this
section may  be  reduced  proportionately  to  reflect  an  increase  in
railroad  ceilings  due to the failure of the owner to receive increased
depreciation as  provided  in  section  four  hundred  eighty-nine-g  or
section   four  hundred  eighty-nine-ii  of  this  article.  Such  state
assistance shall not be available for assessment rolls completed in  two
thousand thirteen and thereafter.
(c)  The  amount  of any assistance certified pursuant to this section
may be modified to reflect proportionally new construction or demolition
in the net amount of five hundred thousand dollars or more  in  any  one
(d)  No payment of state aid shall be made pursuant to this section if
a  railroad  ceiling,  adjusted  pursuant  to  paragraph  (c)  of   this
subdivision,  is  higher than the ceiling established for the assessment
roll filed in the year two thousand.
(e) No payment of state aid shall be made pursuant to this section  if
the amount of such payment would be less than one hundred dollars.
3.  State  assistance  shall  be  paid  pursuant  to  this  section to
municipal corporations and special districts that are  affected  by  any
exemption  of  railroad  real  property  as a result of acquisition by a
public authority, or lease or sublease of such railroad real property by
the public authority; provided that such contract  for  acquisition,  or
lease or sublease of such railroad real property by the public authority
went  into  effect in the year two thousand three. Such assistance shall
be equivalent to the amount the municipality or special  district  would
have  received  pursuant  to  subdivision two of this section as if such
acquisition, lease or sublease of such railroad real  property  by  such
public authority had not occurred.
Legislative declaration.  It is hereby found and declared
that continued operation of the interstate railroads in  the  state  and
improvement  of  their  service  and  facilities  are  essential  to the
commerce, defense, and general welfare of the people of the state;  that
in  the  year  nineteen  hundred fifty-nine at a time when the financial
condition of railroads in the state had deteriorated to the extent  that
the continuation of vital operations was threatened, a partial exemption
from  taxation  was  granted  railroad  property  in a manner which gave
increasingly greater exemptions as the rate of earnings  of  a  railroad
system  declined;  that  since  that  time  major  interstate  railroads
operating in New York state have become bankrupt  and  the  earnings  of
non-bankrupt  railroads  have  also  declined  substantially;  that rail
services heretofore operated by the insolvent railroads will continue to
be operated by new rail systems of railroad companies created  under  or
in  compliance with federal statutes; that federal law requires that the
property in the new systems be taxed  in  a  non-discriminatory  manner;
that  in  order  for  the new systems to be viable the railroad property
which will constitute such new systems should be eligible for a  partial
exemption which reflects lack of earnings; that railroad ceilings cannot
be  established  for the new systems under existing formulas without the
expenditure of large sums  of  money  to  obtain  cost  data  on  system
railroad  property  located  outside  the  state; that railroad ceilings
established on the basis of the ratio   of the  operating  revenues  and
expenses  of  a  railroad  system  will accomplish the same policy; and,
therefore, that various provisions of the railroad partial tax exemption
law applicable to interstate railroads  must  be  changed  in  order  to
extend the partial exemption to the new rail systems.
Definitions.   When used in this title, unless otherwise
2.   Railroad company means a corporation  ,  joint  stock  company,
railroad system both within and without the  State  of  New  York  as  a
common  carrier by rail, including but not limited to a street, surface,
underground or elevated railroad and any corporation created under or in
compliance with the rail  passenger  service  act  of  nineteen  hundred
seventy  or  the  regional  rail  reorganization act of nineteen hundred
seventy-three as those  acts  were  amended  to  April  first,  nineteen
hundred  seventy-six,  whether  as  owner,  lessee,  mortgagee, trustee,
3.  Railroad real property means the  land,  real  estate  and  real
this  chapter)  of  a  railroad  company, which is used by such railroad
company for  transportation  purposes  and  which  is  subject  to  real
property  taxation  except  as  provided in this title, and includes (a)
such property  leased to such railroad company, (b) such  property  used
for  transportation  purposes  by such railroad company under a trackage
right or other operating agreement, title to which is in  other  than  a
railroad  company  as  defined  in  subdivision  two of this section and
subdivision two of section four hundred eighty-nine-b of  this  chapter,
(c)  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 (d) the tangible property of
such  railroad  company  situated  in,  upon, under or above any street,
4.    Subsidized  railroad  real  property   means any railroad real
each  city,  town  and  village  and  in  each  county  having  a county
department of assessment shall annually  assess  all  real  property  of
railroad  companies  situated  in such city, town, village or county, as
the case may be, including all railroad real property of  such  railroad
companies  as  defined  in  subdivision  three  of  section four hundred
eighty-nine-bb of this chapter. Where a village has enacted a local  law
chapter,  the  town  or county assessor shall apportion that part of the
railroad property assessment applicable to the village for  purposes  of
the  copy  of  the  part  of the town or county assessment roll used for
2. Railroad real property  shall  be  separately  assessed  from  real
property of railroad companies not used for transportation purposes, and
subsidized  railroad real property shall be separately assessed from all
of assessments in accordance with section four hundred eighty-nine-mm of
3. Railroad real property shall be assessed according to its value and
hundred  eighty-nine-ee of this title for the computation of the ceiling
Exemption  of  railroad  real  property  from taxation. 1.
2. Bridges, viaducts and other similar structures  constructed  on  or
portion  of  such  bridges, viaducts and other similar structures may be
of subdivision six or seven of this section, such property shall receive
the exemption provided by subdivision six or seven of this section.
3. Railroad real property shall be exempt from taxation to the  extent
of  any  increase  in  value  thereof  by reason of any of the following
additions,  betterments,  improvements,  or  reconstructions   made   or
installed  thereon after the last preceding taxable status date prior to
automatic grade crossing protective devices, such as flashing lights  or
automatic  gates  and their attendant facilities; (b) the reconstruction
or the replacement  of  signals,  railroad  bridges,  stations,  freight
houses,  classification  yards, repair shops, or any other facility used
or replaced is the same general type of facility and is located  in  the
construction   or   reconstruction   pursuant   to  the  grade  crossing
elimination acts, the railroad law, or the  highway  law  of  any  grade
separation  structure,  such  as  bridges,  viaducts, tunnels, retaining
walls, and embankments constructed for the  purpose  of  eliminating  or
avoiding   highway-railroad  crossings  at  grade.    Whenever  any  new
construction is exempt pursuant to the provisions  of  this  subdivision
and  the  provisions  of  subdivision six or seven of this section, such
property shall receive the exemption  provided  by  subdivision  six  or
seven of this section.
any assessing unit provided, however, that this  subdivision  shall  not
6.  Whenever  a railroad company makes any improvements, enhancements,
or upgrades to any existing railroad real property in order  to  improve
freight  service  or  to  provide improved or new passenger service, the
cost of such project shall not be included in  the  calculation  of  any
completion of that project; provided that such  project's  improvements,
enhancements,  or  upgrades  were  made  pursuant  to  a capital project
proposal  approved  by   the   commissioner   of   the   department   of
transportation as provided in section four hundred eighty-nine-v of this
article.   The   department  of  transportation  shall  certify  to  the
with sufficient time to carry out its responsibilities pursuant to  this
7.  The  cost  of bridges, viaducts, other structures, or improvements
and new rail lines, including  any  new  rail  lines  built  to  replace
existing  rail  lines,  shall  not be included in the calculation of any
to  a  capital  project  proposal  approved  by  the commissioner of the
eighty-nine-v  of  this  article. The department of transportation shall
certify  to  the  commissioner  the  location  and  cost  of  any   such
construction  in a manner that provides the commissioner with sufficient
Railroad ceiling. A railroad ceiling for the railroad real
property other than subsidized railroad real property of  each  railroad
company situated in each assessing unit shall be established annually by
the commissioner as follows:
1.  Determine  (a)  the  average  railway  revenues  and  expenses  in
accordance with the provisions of section four hundred eighty-nine-ff of
this chapter, (b) a ratio in accordance with the provisions  of  section
four  hundred eighty-nine-gg of this chapter, (c) the economic factor in
accordance with the provisions of section four hundred eighty-nine-hh of
this chapter, and (d) the local reproduction cost in accordance with the
provisions of section four hundred eighty-nine-ii of this chapter;
2. Multiply the local reproduction cost by the economic factor; and
3. Multiply the result of such calculation by the  state  equalization
section four hundred eighty-nine-jj of this chapter. The result shall be
4. Determinations made pursuant to this section shall  be  based  upon
the  value  of  the railroad real property as of the rate valuation date
and ownership of such railroad real property as of the thirty-first  day
of  December of the year preceding the year in which the assessment roll
to which such ceiling assessment will apply is filed in  the  office  of
the  city or town clerk, except that those determinations shall be based
preceding the  date  required  by  law  for  the  filing  of  the  final
assessment  roll  for  purposes  of city assessment rolls required to be
assessment rolls. As used in this subdivision, the term rate  valuation
on   an   assessment  roll  is  estimated  for  purposes  of  the  state
equalization rate to be applied in the  establishment  of  the  railroad
Average  railway  revenues  and  expenses.  1. The average
railway revenues shall  be  determined  for  each  railroad  company  as
(a)  Ascertain  so  far  as may be practicable the revenues which such
railroad company is entitled to receive from transportation service  and
from  operations  incident thereto and from rents derived from property,
other than transportation equipment, used for  transportation  purposes,
and either increase that amount by the net rental receivable or decrease
it by the net rental payable for the possession or use of transportation
equipment;
(b)  Average the revenue ascertained pursuant to paragraph (a) of this
subdivision for the most recent five fiscal years ending  on  or  before
the   last   day   of   December  immediately  preceding  the  tentative
determination of the railroad ceiling. If a railroad company shall  have
operated for less than such five years, then average the revenue for the
number  of  years  of  operation  immediately  preceding  the  tentative
determination of the railroad ceiling. The result shall be  the  average
railway revenues.
2.  The average railway expenses shall be determined for each railroad
company as follows:
(a) Ascertain so far as may be practicable the  expenses  incurred  in
furnishing  transportation  service  and in operations incident thereto,
including the expense of rents on and maintenance  and  depreciation  of
the  property  used  in the service and taxes for old-age retirement and
unemployment insurance but excluding all other taxes;
(b) Average the expenses ascertained pursuant to paragraph (a) of this
operated  for  less  than such five years, then average the expenses for
the number of years of operation  immediately  preceding  the  tentative
determination  of  the railroad ceiling. The result shall be the average
railway expenses.
3. If on the effective date of this title, the major  portion  of  the
property  of  a  railroad company and the management and control of such
company are located outside of the  territorial  limits  of  the  United
States,  the  average  railway  revenues  and  expenses of such railroad
company shall consist of the revenues  and  expenses  as  defined  above
attributable to transportation operations in the United States.
4. In making determinations under this section, the commissioner shall
consider  the  information  contained  in  the  income,  profit and loss
statements and other financial statements of each railroad company filed
pursuant to section four hundred eighty-nine-nn  of  this  chapter,  and
such other information as may be available to it.
Ratio.  The  commissioner  shall  compute  to  the nearest
thousandth of one percent a ratio for each railroad company by  dividing
its  average railway expenses by its average railway revenues; provided,
however, that if a railroad company shall have operated  for  less  than
one  full  year  prior to the first day of the year in which a tentative
determination of a railroad ceiling for that railroad company  is  made,
then the ratio for that ceiling of that railroad company shall be one.
Economic  factor.  (a)  In  accordance  with the policy of
reflecting the effect of the rate of earnings of a railroad company upon
the taxable value of its railroad property, an economic factor for  each
railroad  company  shall be determined in relation to its ratio computed
pursuant to section four hundred eighty-nine-gg of this title. The  said
economic  factor  shall  be  twenty percent if the ratio is one or more,
forty percent if the ratio is nine-tenths and one hundred percent if the
ratio is three-fourths or  less.  The  said  economic  factor  shall  be
determined  by  interpolation to the nearest tenth of one percent if the
ratio  is  between  one  and  nine-tenths  or  between  nine-tenths  and
three-fourths.
for  purposes  of determining railroad ceilings for interstate railroads
percentage indicated opposite the ratio in the table in this subdivision
shall be the economic factor. If the ratio  does  not  coincide  with  a
specific  rate  indicated in the table in this subdivision, the economic
factor for such company shall be  determined  by  interpolation  to  the
nearest tenth of one percent.
Ratio                    Economic Factor
(Percent)
.60                     100
.65                     85
.70                     70
.75                     60
.80                     50
.85                     40
.90                     30
.95                     20
1.00                     15
whenever it shall appear that an economic factor is increasing more than
one-tenth  from  the economic factor established in the prior year, such
increase may not exceed one-tenth.
Local reproduction cost. 1. The commissioner shall determine
the  local reproduction cost for each railroad company in each assessing
unit as follows:
(c) Add the amounts ascertained under paragraphs (a) and (b) above for
each assessing unit. The result shall be the local reproduction cost.
2.  Local  reproduction  cost and the state equalization rates used in
establishing railroad ceilings shall be based so far as practicable upon
the same period price levels.
classify  the  real  property  of  each  railroad  company   as   either
transportation  or  non-transportation  so far as may be practicable and
shall consider the manner  in  which  such  property  is  classified  as
property   used  for  transportation  purposes  in  accounts  maintained
pursuant to the uniform system of accounts  for  railroad  companies  as
prescribed by the interstate commerce commission and the commissioner of
transportation  and  in  the  publication  of  the  interstate  commerce
commission entitled Elements  of  Value  of  Property  Used  in  Common
Carrier  Service  as  well as information available from other sources,
eighty-nine-nn of this chapter.
4.  In  ascertaining  depreciation  of  property  under  this section,
of  groups  of  property  and  other  factors,  which however, shall not
5. As used in this section, the term value of land means  the  value
transportation purposes and the term value of rights in land in,  above
and  under  any public street, highway or parkway means ten per cent of
6. The determinations made under this section shall reflect so far  as
may   be   practicable  the  status  of  the  property  as  of  December
7. In determining local reproduction cost  for  purposes  of  railroad
The  allowance for depreciation of grading shall be eighteen percent for
each year in service up to a total of ninety percent.
8. In determining local reproduction cost  for  purposes  of  railroad
9.  In  determining a local reproduction cost for purposes of railroad
ceilings established for assessment rolls filed in two  thousand  three,