NY Real Prop Tax L § 1316 (2021)
2021 New York Laws RPT - Real Property Tax Article 13 - Special Provisions Relating to School Districts 1316 - Alternative School Tax Apportionment.

§  1316.  Alternative school tax apportionment. 1. Notwithstanding the provisions of section thirteen  hundred  fourteen  of  this  article,  a school  district located in more than one city or town, which includes a designated large property, as determined by the commissioner of taxation and finance, may provide by annual resolution, adopted no later than ten days prior to the last day provided by law for the levy of school taxes, that school taxes to be levied for the fiscal year commencing July first of the same year shall be apportioned to  each  city  or  town  or  part thereof in accordance with the provisions set forth in this section.   2.  A  designated  large  property  is real property consisting of one parcel on an assessment roll or multiple parcels on an  assessment  roll under common ownership that meet all of the following criteria:  (a)  the  large property constitutes five percent or more of the total assessed value used to establish the latest state equalization rate  and constitutes five percent or more of the total assessed value of a school district segment of the city or town;  (b)  the  full  value  estimate  of  the  large  property  used by the commissioner to establish the latest state equalization rate is at least five million dollars; and  (c) the percentage difference between the  latest  state  equalization rate  and  the  apportionment  equalization  rate  computed  pursuant to subdivision four of this section is at least five percent.   3. Within five days of the establishment of  the  latest  final  state equalization  rate,  the  commissioner shall notify both the appropriate school district and the assessing unit of such designation. Such  notice shall  contain  instructions  for  the  apportionment of the tax levy in accordance with the provisions of subdivision seven of this section  and shall   contain  an  apportionment  rate  computed  in  accordance  with subdivision four of this section.   4. The apportionment rate shall be the latest final state equalization rate, computed exclusive of the  total  assessed  value  or  full  value estimate of the designated large property.   5.  If there is a change in level of assessment of two percent or more between  the  assessment  roll  for  which  the   latest   final   state equalization  rate is established and the assessment roll upon which the school tax is levied, then the apportionment rate  for  school  purposes shall be adjusted by multiplying the apportionment rate by the change in level of assessment.   6.  Within  five  days of receiving notification from the commissioner that a designated large property exists, the assessor shall  certify  to the  school district the assessed value of the designated large property for the purpose of apportioning  and  levying  taxes.  A  copy  of  such certificate shall also be provided to the commissioner.   7. The school district shall apportion and levy its taxes as follows:  (a)  The tax shall be apportioned in accordance with the provisions of section thirteen hundred fourteen of this article.  (b) The amount of tax to be raised from the designated large  property shall  be  determined  by multiplying the appropriate assessed value tax rate determined in accordance with paragraph (a) of this subdivision  by the  taxable  assessed value of the designated large property within the school district. This shall be the amount of the  tax  levied  upon  the designated large property.  (c)  The  amount of tax for the large property determined in paragraph (b) of this subdivision shall be subtracted from  the  total  amount  of real property tax to be raised throughout the school district.  (d)  The  resulting  tax  levy  from paragraph (c) of this subdivision shall be reapportioned  among  all  other  property  within  the  taxing jurisdiction,   exclusive   of   the  designated  large  property.  This  reapportionment shall  be  done  in  accordance  with  section  thirteen hundred fourteen of this article, except that:  (i)  The  assessed  value  of  the  designated large property shall be subtracted from the assessed value  of  the  appropriate  city  or  town segment used in the initial apportionment of the tax in paragraph (a) of this subdivision.  (ii)  The  apportionment  rate  shall  be  used  for  the city or town containing the designated large property.  (iii) For all cities and towns not  containing  the  designated  large property,  the  assessed values and equalization rates shall be the same amounts used in paragraph (a) of this subdivision.  (e) Separate assessed value tax  rates  will  be  determined  for  the designated large property and the other property within the city or town where the designated large property is located.  (f)  In  the event that there are multiple designated large properties within the school district, the amount of tax to  be  levied  upon  each large  property,  determined in paragraph (b) of this subdivision, shall be summed and treated as one amount for determining the amount of tax to be  raised  from  the  remaining  property  in  paragraph  (c)  of  this subdivision.