NY State Fin L § 54-B (2021)
2021 New York Laws STF - State Finance Article 4-A - State Assistance to Local Government 54-B - State Assistance to Certain Public Corporations in Which Railroad Real Property Is Partially Exempt From Taxation.

*  §  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