reglab/statecodes huggingface dataset:
2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2-A - Railroad Real Property of Intrastate Railroad Companies › 489-E - Railroad Ceiling.

§  489-e.  Railroad ceiling. For the purpose of determining the extent
to which railroad real property shall be  exempt  under  this  title,  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 system reproduction cost in accordance with  the
provisions  of  sections  four  hundred  eighty-nine-f  and four hundred
eighty-nine-g of this chapter,  (b)  the  average  railway  earnings  in
accordance  with  the  provisions of sections four hundred eighty-nine-f
and four hundred eighty-nine-h of this chapter, (c) the  earnings  ratio
in  accordance with the provisions of section four hundred eighty-nine-i
of this chapter,  (d)  the  exemption  factor  in  accordance  with  the
provisions  of  section  four hundred eighty-nine-j of this chapter, and
(e) the local reproduction cost in accordance  with  the  provisions  of
sections  four  hundred  eighty-nine-f and four hundred eighty-nine-k of
this chapter;
(2) Multiply the local reproduction cost by the exemption  factor  and
subtract the result thereof from the local reproduction cost; and
(3) Multiply the result of such calculations by the state equalization
rate  determined  or  established  in  accordance with the provisions of
section four hundred eighty-nine-l of this chapter. The result shall  be
the railroad ceiling.
(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
upon ownership as of the thirty-first day of December of the second year
preceding  the  date  required  by  law  for  the  filing  of  the final
assessment roll for purposes of city assessment  rolls  required  to  be
filed between January first and June first inclusive and for all village
assessment  rolls. As used in this subdivision, the term "rate valuation
date" means the date as of which the full value of taxable real property
on  an  assessement  roll  is  estimated  for  purposes  of  the   state
equalization  rate  to  be  applied in the establishment of the railroad
ceiling.
2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2-A - Railroad Real Property of Intrastate Railroad Companies › 489-F - Relationships Among Elements Used in Computation of Railroad Ceiling.

§  489-f. Relationships among elements used in computation of railroad
ceiling. In order to effectuate the legislative policy that  the  amount
of exemptions from real property taxation granted to railroads should be
related to their individual rates of earnings, and in order to provide a
uniform   and   equitable  method  for  implementing  this  policy,  the
commissioner shall establish and  maintain  relationships  among  system
reproduction  cost,  railway  earnings,  local reproduction cost and the
state equalization rates, so that:
(1) System reproduction cost, local reproduction cost  and  the  state
equalization  rates shall be based so far as may be practicable upon the
same period price levels;
(2)  System  reproduction  cost  shall  include  so  far  as  may   be
practicable the property constituting the railroad system from which the
railway  earnings  were  derived  for  the  latest  year included in the
average railway earnings; and
(3) The aggregate of the local  reproduction  cost  of  each  railroad
company shall approximate the amount included in the system reproduction
cost  of  such  railroad  company on account of the property included in
such local reproduction costs so far as may be practicable.
2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2-A - Railroad Real Property of Intrastate Railroad Companies › 489-H - Average Railway Earnings.

§  489-h.  Average  railway  earnings. 1. The average railway earnings
shall be determined for each railroad company as follows:
(a) Ascertain so far as may be practicable  the  revenues  which  such
railroad  company is entitled to receive from transportation service and
from rents from property constituting the railroad  system  included  in
the system reproduction cost;
(b)  Ascertain  so  far as may be practicable the expenses incurred in
furnishing transportation service, including expenses  incurred  in  the
operation  and  maintenance  of  the  property constituting the railroad
system included in the system reproduction cost,  depreciation  of  such
property,  rents  and  other expenses incurred for property used by such
railroad company for transportation purposes not included in the  system
reproduction  cost,  and  United  States  government  taxes  for old-age
retirement under  the  federal  railroad  retirement  tax  act  and  for
unemployment insurance under the federal railroad unemployment insurance
act but excluding all other taxes;
(c)  Subtract  the  expenses from the revenues and the result shall be
the railway earnings; and
(d) Average the railway earnings for the latest  five  calendar  years
available  prior to the tentative determination of the railroad ceiling.
The result shall be the average railway earnings.
2. 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 the railroad company filed
with the interstate commerce  commission,  and  the  accounting  records
maintained  by  such  railroad  company  in  accordance with the uniform
system of accounts for railroad companies prescribed by  the  interstate
commerce commission. The commissioner may consider information available
from  the  commissioner  of  transportation  or  other regulatory agency
having jurisdiction over the accounts of such railroad company, as  well
as  information available from other sources, including reports required
pursuant  to  section  four  hundred  eighty-nine-q   and   such   other
information on the subject as may be available to it.
2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2-A - Railroad Real Property of Intrastate Railroad Companies › 489-I - Earnings Ratio.

§ 489-i. Earnings ratio. The commissioner shall determine the earnings
  ratio for each railroad company by ascertaining the ratio of its average
  railway  earnings  to  its  system  reproduction  cost,  computed to the
  nearest hundredth of one per cent.
2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2-A - Railroad Real Property of Intrastate Railroad Companies › 489-J - Exemption Factor.

§  489-j.  Exemption  factor.  (a)  In  accordance  with the policy of
granting increasingly greater exemptions as the rate of  earnings  of  a
railroad  company  declines,  the  exemption  factor  for  each railroad
company shall be determined in accordance with its earnings  ratio.  For
each  railroad company the percentage indicated under "exemption factor"
in the following table opposite the earnings ratio of such company shall
be the exemption factor. If the earnings ratio  of  a  railroad  company
does not coincide with a specific earnings ratio indicated in the table,
the   exemption   factor   for  such  company  shall  be  determined  by
interpolation to the nearest tenth of one percent.
Earnings Ratio                         Exemption Factor
(Percent)
(Percent)
10                                      0
9                                      5
8                                     10
7                                     15
6                                     20
5                                     30
4                                     40
3                                     50
2                                     60
1                                     80
0                                     80
(b) Notwithstanding the provisions of subdivision (a) of this section,
for purposes of determining railroad ceilings for  intrastate  railroads
for assessment rolls completed in two thousand three and thereafter, the
percentage  indicated  under  "exemption  factor"  in  the table in this
subdivision opposite the earnings ratio of the railroad company shall be
the exemption factor for each railroad company. If the earnings ratio of
a railroad company does not coincide  with  a  specific  earnings  ratio
indicated  in  the  table  in this subdivision, the exemption factor for
such company  shall  be  determined  by  interpolation  to  the  nearest
hundredth of one percent.
Earnings Ratio                Exemption Factor
(Percent)
(Percent)
12                              0
11                              5
10                             10
9                             15
8                             20
7                             25
6                             30
5                             35
4                             40
3                             50
2                             60
1                             80
0                             85
(c) Notwithstanding the provisions of subdivision (b) of this section,
whenever  it  shall  appear  that an exemption factor is decreasing more
than one-tenth from the exemption factor established in the prior  year,
such decrease may not exceed one-tenth.
2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2-A - Railroad Real Property of Intrastate Railroad Companies › 489-L - State Equalization Rate.

§ 489-l. State equalization rate. 1. In determining railroad ceilings,
  the  commissioner shall apply the latest state equalization rate for the
  assessing unit, except that, if a special  equalization  rate  has  been
  established  as  provided  in subdivision two of this section, such rate
  shall be applied. For the purposes of this title, the equalization  rate
  to  be  applied  in  computing railroad ceilings in the city of New York
  shall be computed by the  commissioner  on  a  city-wide  basis,  giving
  appropriate  weight  to  the  latest state equalization rates or special
  equalization rates of the five counties within such city.
2. The commissioner shall establish a special  equalization  rate  for
  the  purposes  of this section where there has been a change in level of
  assessment on the assessment roll for which a railroad ceiling is to  be
  determined,  subject to the provisions of title two of article twelve of
  this chapter, or the state equalization rate  that  would  otherwise  be
  applied  reflects the level of assessment on the property subject to the
  railroad ceiling or where a final state equalization rate has  not  been
  established for the assessment roll of the preceding year.
2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2-A - Railroad Real Property of Intrastate Railroad Companies › 489-M - Railroad Real Property Used for Transportation Purposes.

§  489-m.  Railroad real property used for transportation purposes. In
  making determinations as to railroad real property  which  is  used  for
  transportation  purposes,  the commissioner shall consider the manner in
  which  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, including  reports  required  pursuant  to
  section four hundred eighty-nine-q.
2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2-A - Railroad Real Property of Intrastate Railroad Companies › 489-N - Tentative Determination of Railroad Ceiling; Notice, Complaints and Hearing.

§   489-n.   Tentative  determination  of  railroad  ceiling;  notice,
  complaints and hearing. 1. Each  year  the  commissioner  shall  make  a
  tentative  determination  of  each  railroad  ceiling.  Thereafter,  the
  commissioner shall give notice in writing to  each  assessing  unit  and
  each  railroad  company  for  which  such  tentative  determination of a
  railroad ceiling shall have been made  specifying  the  amount  of  such
  ceiling  and the time and place where the commissioner will meet to hear
  any complaint concerning such tentative determination. Such notice  must
  be  served  at  least  twenty  days  prior to the date specified for the
  hearing.
2. A railroad company or  assessing  unit  objecting  to  a  tentative
  determination  of the railroad ceiling must serve its complaint upon the
  commissioner in writing and a copy thereof upon the  assessing  unit  or
  railroad  company, as the case may be, at least five days before the day
  specified for the hearing, specifying its objections to  such  tentative
  determination.  Service  may  be made either in person or by mail. On or
  before the date specified for the hearing an affidavit of service  shall
  be  filed  with  the  commissioner stating in substance that service has
  been made in accordance with the provisions of this section.
3. The commissioner shall meet at the time and place specified in such
  notice to hear complaints in relation to the tentative determination  of
  the  railroad  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. Nothing contained in this subdivision shall  be  construed
  to require a hearing to be conducted when no complaints have been filed.
2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2-A - Railroad Real Property of Intrastate Railroad Companies › 489-O - Final Determination of Railroad Ceiling; Certificate.

§  489-o.  Final  determination  of  railroad ceiling; certificate. 1.
  After the hearing provided for in section four hundred eighty-nine-n  of
  this  title, the state board of real property tax services shall finally
  determine the railroad ceiling for the railroad real  property  of  each
  railroad   company  situated  in  each  assessing  unit.  Whenever  upon
  complaint the state board shall revise the local reproduction cost of  a
  railroad  company  in  an  assessing  unit, it shall revise the railroad
  ceiling therefor to reflect such revision, but it shall not, on  account
  of  such  revision,  modify  any other determination with respect to the
  railroad  ceilings  for   such   railroad   company   for   such   year.
  Notwithstanding  the  fact  that no complaint shall have been filed with
  respect to a tentative determination of a railroad  ceiling,  the  state
  board  shall  give  effect to any special equalization rate established,
  pursuant to subdivision two of section  four  hundred  eighty-nine-l  of
  this title prior to the final determination of the railroad ceiling.
2.  Not later than ten days before the last date prescribed by law for
  the levy of taxes, the state board  shall  file  a  certificate  setting
  forth  each  railroad 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, and at the same time shall
  transmit  to  each  railroad  company  for  which  such ceiling has been
  determined a duplicate copy of such certificate.
3. Any final determination of a railroad ceiling by  the  state  board
  pursuant to subdivision one of this section shall be subject to judicial
  review in a proceeding under article seventy-eight of the civil practice
  law and rules.
2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2-A - Railroad Real Property of Intrastate Railroad Companies › 489-Q - Reports to Commissioner.

§  489-q. Reports to commissioner. Each railroad company shall furnish
  the commissioner the following:
1. A  copy  of  all  income,  profit  and  loss  and  other  financial
  statements  filed  with  the  interstate  commerce  commission  and  the
  commissioner of transportation; and
2. Such other reports as  the  commissioner  may  from  time  to  time
  require  containing  such  information  and  data  as  it  may  specify,
  including cost and valuation data relating to or  an  inventory  of  the
  railroad  real property of such company situated in each assessing unit,
  in order to carry out the provisions of this title.
3. Each railroad company shall pay  an  annual  charge  to  the  state
  office.    All  costs  and  expenses  of  the  state  office, direct and
  indirect, incurred in the establishment of railroad ceilings pursuant to
  this title shall be paid from the collection of an  annual  charge  upon
  railroad   companies.   The  commissioner  shall  provide  by  rule  for
  computation of this charge through the apportionment of these costs  and
  expenses  to  railroad companies in direct relation to the value of such
  real property subject to the ceiling. Charges shall be  subject  to  the
  annual  approval  of the director of the budget. Any unpaid charge shall
  be a lien upon the  assets  of  the  company  and  may  be  enforced  by
  appropriate administrative and judicial proceedings commenced by counsel
  to the state office.
4.  Any  railroad  company  failing  to make any report required by or
  pursuant to this section within  a  reasonable  time  specified  by  the
  commissioner  shall  forfeit  to  the people of the state the sum of one
  hundred dollars for each failure and the additional sum of fifty dollars
  for each day that such failure continues. Acknowledgment of  receipt  of
  blank reports which contain the penalty provisions of this section shall
  be deemed sufficient notice of such penalties.
2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2-A - Railroad Real Property of Intrastate Railroad Companies › 489-R - Inspection of Accounts and Property of Railroad Companies.

§ 489-r. Inspection of accounts and property of railroad companies. 1.
  The  commissioner  or its authorized representative shall have access at
  reasonable times to all accounts and records established and  maintained
  by  a  railroad company relating to its property used for transportation
  purposes and the earnings derived therefrom.
2. The commissioner or its authorized representative  shall  have  the
  power  at  reasonable times to enter in or upon and to inspect the road,
  equipment, structures and other property of any railroad company.
2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2-A - Railroad Real Property of Intrastate Railroad Companies › 489-S - Estimated Railroad Ceiling.

§  489-s.  Estimated  railroad  ceiling. Upon application of a county,
  city,  town,  village,  school  district  or   special   district,   the
  commissioner   shall  establish  estimated  railroad  ceilings  for  the
  assessment roll or rolls used thereby. Such estimated railroad  ceilings
  may  be  used  in  the computation of average full valuation for tax and
  debt limit purposes in accordance with the provisions of section 2.00 of
  the local finance law.
2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2-A - Railroad Real Property of Intrastate Railroad Companies › 489-T - Inapplicability of Title.

* §  489-t.  Inapplicability  of  title.  The provisions of this title
  shall not apply to any railroad real property of  any  railroad  company
  for which railroad ceilings were not made in the calendar years nineteen
  hundred  seventy-six  and  nineteen  hundred  seventy-seven  unless such
  company files with the commissioner a statement  in  writing  that  such
  company  elects  to  have  the  provisions  of  this title apply to such
  company. Any such railroad company may file such statement on or  before
  February  first  in  any  year,  in  which  case  and  at such time, the
  provisions of this title shall become applicable  and  the  commissioner
  shall  annually  thereafter establish railroad ceilings for the railroad
  real property of such company. Notwithstanding any other  provisions  of
  this  section,  any  such railroad company may file such statement on or
  before  July  fifteenth  in   the   calendar   year   nineteen   hundred
  seventy-eight.  The provisions of this section shall remain in force and
  effect only until March thirty-first, nineteen hundred eighty-three.
* NB Expired March 31, 1983
2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2-A - Railroad Real Property of Intrastate Railroad Companies › 489-U - Inapplicability of Title.

§  489-u. Inapplicability of title. The provisions of this title shall
  not apply to railroad real property which  is  owned  by  or  under  the
  jurisdiction, supervision or control of either an industrial development
  agency or a municipal corporation.
2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2-B - Railroad Real Property of Interstate Railroad Companies › 489-AA - Legislative Declaration.

§  489-aa.   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.
2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2-B - Railroad Real Property of Interstate Railroad Companies › 489-BB - Definitions.

§  489-bb.    Definitions.   When used in this title, unless otherwise
  expressly stated:
1.  "Assessing unit" means a city, town or village.
2.   "Railroad company" means a corporation  ,  joint  stock  company,
  association,   partnership,  individual  or  other  person  operating  a
  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,
  receiver or assignee of railroad real property.
3.  "Railroad real property" means the  land,  real  estate  and  real
  property (as defined in subdivision twelve of section one hundred two of
  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,
  highway, public place or public waters; but does not include  the  value
  of any franchise, right or permission to construct, maintain or operate,
  in, under, above, on or through, streets, highways or public places.
4.    "Subsidized  railroad  real  property"   means any railroad real
  property for which a rail service continuation subsidy is  paid  by  the
  United States or the state of New York.
5.    "Tax"  or  "taxation"  means  an ad valorem charge or special ad
  valorem levy imposed upon real property by or on  behalf  of  a  county,
  city, town, village, school district or special district.
2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2-B - Railroad Real Property of Interstate Railroad Companies › 489-CC - Assessment of Real Property of Railroads.

§ 489-cc. Assessment of real property of railroads. 1. The assessor in
  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
  as provided in subdivision three of section fourteen hundred two of this
  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
  village tax purposes.
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
  other railroad real property. The commissioner  and  railroad  companies
  upon request shall furnish the assessor information and data relating to
  the  classification  of the real property of railroads as transportation
  and non-transportation property and to the identification of  subsidized
  railroad real property. Action by assessors under this subdivision shall
  not  in any way affect the classification of property or the segregation
  of assessments in accordance with section four hundred eighty-nine-mm of
  this chapter in connection with the application of railroad ceilings.
3. Railroad real property shall be assessed according to its value and
  ownership as of the dates specified by subdivision four of section  four
  hundred  eighty-nine-ee of this title for the computation of the ceiling
  of such property.
2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2-B - Railroad Real Property of Interstate Railroad Companies › 489-EE - Railroad Ceiling.

§  489-ee.  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
  rate  determined  or  established  in  accordance with the provisions of
  section four hundred eighty-nine-jj of this chapter. The result shall be
  the railroad ceiling.
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
  upon ownership as of the thirty-first day of December of the second year
  preceding the  date  required  by  law  for  the  filing  of  the  final
  assessment  roll  for  purposes  of city assessment rolls required to be
  filed between January first and June first inclusive and for all village
  assessment rolls. As used in this subdivision, the term "rate  valuation
  date" means the date as of which the full value of taxable real property
  on   an   assessment  roll  is  estimated  for  purposes  of  the  state
  equalization rate to be applied in the  establishment  of  the  railroad
  ceiling.
2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2-B - Railroad Real Property of Interstate Railroad Companies › 489-GG - Ratio.

§  489-gg.  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.
2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2-B - Railroad Real Property of Interstate Railroad Companies › 489-HH - Economic Factor.

§  489-hh.  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.
(b) Notwithstanding the provisions of subdivision (a) of this section,
for  purposes  of determining railroad ceilings for interstate railroads
for assessment rolls completed in two thousand three and thereafter, the
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
(c) Notwithstanding the provisions of subdivision (b) of this section,
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.
2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2-B - Railroad Real Property of Interstate Railroad Companies › 489-JJ - State Equalization Rate.

§   489-jj.  State  equalization  rate.  1.  In  determining  railroad
  ceilings, the commissioner shall apply  the  latest  state  equalization
  rate  for  the  appropriate  assessing  unit,  except that, if a special
  equalization rate has been established as provided in subdivision two of
  this section, such rate shall be  applied.  For  the  purposes  of  this
  title,  the  equalization  rate  to  be  applied  in  computing railroad
  ceilings in the city of New York shall be computed by  the  commissioner
  on  a  city-wide  basis,  giving  appropriate weight to the latest state
  equalization rates or special equalization rates of  the  five  counties
  within such city.
2.  The  commissioner  shall establish a special equalization rate for
  the purposes of this section where there has been a change in  level  of
  assessment  on the assessment roll for which a railroad ceiling is to be
  determined, subject to the provisions of title two of article twelve  of
  this  chapter,  or  the  state equalization rate that would otherwise be
  applied reflects the level of assessment on the property subject to  the
  railroad  ceiling  or where a final state equalization rate has not been
  established for the assessment roll of the preceding year.
2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2-B - Railroad Real Property of Interstate Railroad Companies › 489-KK - Tentative Determination of Railroad Ceiling; Notice, Complaints and Hearing.

§   489-kk.  Tentative  determination  of  railroad  ceiling;  notice,
  complaints and hearing. 1. Each  year  the  commissioner  shall  make  a
  tentative  determination  of  each  railroad  ceiling.  Thereafter,  the
  commissioner shall give notice in writing to  each  assessing  unit  and
  each  railroad  company  for  which  such  tentative  determination of a
  railroad ceiling shall have been made  specifying  the  amount  of  such
  ceiling  and the time and place where the commissioner will meet to hear
  any complaint concerning such tentative determination. Such notice  must
  be  served  at  least  twenty  days  prior to the date specified for the
  hearing.
2. A railroad company or  assessing  unit  objecting  to  a  tentative
  determination  of the railroad ceiling must serve its complaint upon the
  commissioner in writing and a copy thereof upon the  assessing  unit  or
  railroad  company, as the case may be, at least five days before the day
  specified for the hearing, specifying its objections to  such  tentative
  determination.  Service  may  be made either in person or by mail. On or
  before the date specified for the hearing an affidavit of service  shall
  be  filed  with  the  commissioner stating in substance that service has
  been made in accordance with the provisions of this section.
3. The commissioner shall meet at the time and place specified in such
  notice to hear complaints in relation to the tentative determination  of
  the  railroad  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. Nothing contained in this subdivision shall  be  construed
  to require a hearing to be conducted when no complaints have been filed.
2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2-B - Railroad Real Property of Interstate Railroad Companies › 489-LL - Final Determination of Railroad Ceiling; Certificate.

§  489-ll.  Final  determination  of railroad ceiling; certificate. 1.
  After the hearing provided for in section four hundred eighty-nine-kk of
  this title, the state board of real property tax services shall  finally
  determine  the  railroad  ceiling for the railroad real property of each
  railroad  company  situated  in  each  assessing  unit.  Whenever   upon
  complaint  the state board shall revise the local reproduction cost of a
  railroad company in an assessing unit, it shall revise  the  appropriate
  railroad  ceiling to reflect such revision, but it shall not, on account
  of such revision, modify any other determination  with  respect  to  the
  railroad   ceilings   for   such   railroad   company   for  such  year.
  Notwithstanding the fact that no complaint shall have  been  filed  with
  respect  to  a  tentative determination of a railroad ceiling, the state
  board shall give effect to any  special  equalization  rate  established
  pursuant  to  subdivision  two of section four hundred eighty-nine-jj of
  this title prior to the final determination of the railroad ceiling.
2. Not later than ten days before the last date prescribed by law  for
  the  levy  of  taxes,  the  state board shall file a certificate setting
  forth each railroad 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, and at the same time shall
  transmit to each railroad  company  for  which  such  ceiling  has  been
  determined a duplicate copy of such certificate.
3.  Any  final  determination of a railroad ceiling by the state board
  pursuant to subdivision one of this section shall be subject to judicial
  review in a proceeding under article seventy-eight of the civil practice
  law and rules.
2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2-B - Railroad Real Property of Interstate Railroad Companies › 489-NN - Reports to State Board.

§  489-nn.  Reports  to  commissioner.  1. Each railroad company shall
furnish the commissioner the following:
(a) A copy  of  all  income,  profit  and  loss  and  other  financial
statements  filed  with  the interstate commerce commission or any other
federal agency or officer and the commissioner of transportation; and
(b) Such other reports as the  commissioner  may  from  time  to  time
require  containing  such  information  and  data  as  it  may  specify,
including cost and valuation data relating to or  an  inventory  of  the
railroad  real property of such company situated in each assessing unit,
in order to carry out the provisions of this title.
2. Each railroad company shall pay  an  annual  charge  to  the  state
office.    All  costs  and  expenses  of  the  state  office, direct and
indirect, incurred in the establishment of railroad ceilings pursuant to
this title shall be paid from the collection of an  annual  charge  upon
railroad   companies.   The  commissioner  shall  provide  by  rule  for
computation of this charge through the apportionment of these costs  and
expenses  to  railroad companies in direct relation to the value of such
real property subject to the ceiling. Charges shall be  subject  to  the
annual  approval  of the director of the budget. Any unpaid charge shall
be a lien upon the  assets  of  the  company  and  may  be  enforced  by
appropriate administrative and judicial proceedings commenced by counsel
to the state office.
3.  Any  railroad  company  failing  to make any report required by or
pursuant to this section within  a  reasonable  time  specified  by  the
commissioner  shall  forfeit  to  the people of the state the sum of one
hundred dollars for each failure and the additional sum of fifty dollars
for each day that such failure continues. Acknowledgement of receipt  of
blank reports which contain the penalty provisions of this section shall
be deemed sufficient notice of such penalties.
2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2-B - Railroad Real Property of Interstate Railroad Companies › 489-OO - Inspection of Accounts and Property of Railroad Companies.

§  489-oo.  Inspection of accounts and property of railroad companies.
  1.  The commissioner or its authorized representative shall have  access
  at  reasonable  times  to  all  accounts  and  records  established  and
  maintained by a railroad company  relating  to  its  property  used  for
  transportation purposes and the earnings derived therefrom.
2.  The  commissioner  or its authorized representative shall have the
  power at reasonable times to enter in or upon and to inspect  the  road,
  equipment, structures and other property of any railroad company.
2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2-B - Railroad Real Property of Interstate Railroad Companies › 489-PP - Estimated Railroad Ceiling.

§  489-pp.  Estimated  railroad ceiling. Upon application of a county,
  city,  town,  village,  school  district  or   special   district,   the
  commissioner   shall  establish  estimated  railroad  ceilings  for  the
  assessment roll or rolls used thereby. Such estimated railroad  ceilings
  may  be  used  in computation of average full valuation for tax and debt
  limit purposes in accordance with the provisions of section 2.00 of  the
  local finance law.
2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2-B - Railroad Real Property of Interstate Railroad Companies › 489-QQ - Determination of Railroad Ceilings for Certain Railroads in Transition.

§ 489-qq.  Determination of railroad ceilings for certain railroads in
  transition.  Notwithstanding any other provision of this title, railroad
  ceilings  established during the first five years in which such ceilings
  are made pursuant to this title for railroad real property acquired  (a)
  from  a  railroad  in  reorganization  as  defined  in the regional rail
  reorganization act of nineteen hundred  seventy-three  by  a  profitable
  railroad  as  defined in that act or by a subsidiary thereof or (b) from
  any source or in any manner by  any  corporation  created  under  or  in
  compliance  with  that act or the rail passenger service act of nineteen
  hundred seventy shall be established by  using  an  economic  factor  of
  twenty  percent  and  by  using,  except  for  property  for which local
  reproduction cost was not determined prior to the effective date of this
  act, the same local  reproduction  cost  as  would  have  been  used  if
  acquisition of the property by the said corporations had not occurred.
2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2-B - Railroad Real Property of Interstate Railroad Companies › 489-RR - Inapplicability of Title.

* §  489-rr.  Inapplicability  of  title. The provisions of this title
  shall not apply to any railroad real property of  any  railroad  company
  for which railroad ceilings were not made in the calendar years nineteen
  hundred  seventy-six  and  nineteen  hundred  seventy-seven  unless such
  company files with the commissioner a statement  in  writing  that  such
  company  elects  to  have  the  provisions  of  this title apply to such
  company. Any such railroad company may file such statement on or  before
  February  first  in  any  year,  in  which  case  and  at such time, the
  provisions of this title shall become applicable  and  the  commissioner
  shall  annually  thereafter establish railroad ceilings for the railroad
  real property of such company. Notwithstanding any other  provisions  of
  this  section,  any  such railroad company may file such statement on or
  before  July  fifteenth  in   the   calendar   year   nineteen   hundred
  seventy-eight.  The provisions of this section shall remain in force and
  effect only until March thirty-first, nineteen hundred eighty-three.
* NB Expired March 31, 1983
2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2-B - Railroad Real Property of Interstate Railroad Companies › 489-SS - Inapplicability of Title.

§ 489-ss. Inapplicability of title. The provisions of this title shall
  not  apply  to  railroad  real  property  which is owned by or under the
  jurisdiction, supervision or control of either an industrial development
  agency or a municipal corporation.
2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2-C - Tax Exemption for Certain Industrial and Commercial Properties in a City of One Million or More Persons › 489-BBB - Industrial and Commercial Incentive Board.

§ 489-bbb. Industrial and commercial incentive board.  Any city of one
  million  or  more persons may, by local law, establish an industrial and
  commercial incentive board to consist of the deputy mayor for,  economic
  policy  and  development,  who  shall  be  chairman  of  the  board, the
  commissioner of finance, the chairman of the  city  planning  commission
  and  the  director of management and budget, each of whom shall have the
  power to designate an alternate to represent him at board meetings  with
  all  the rights and powers, including the right to vote, reserved to all
  board members, provided that such  designation  be  in  writing  to  the
  chairman  of  the  board, and three other members to be appointed by the
  mayor.   In addition, the borough  president  of  each  borough  or  his
  designated  representative,  shall  be  a  member  of such board for the
  purpose of taking  action  with  respect  to  property  located  in  his
  borough.  The  members of any board established pursuant to this section
  who shall be agents, officers, or employees of  said  city  shall  serve
  without  compensation  but  shall be reimbursed for expenses necessarily
  incurred in the performance of their duties. The members  of  any  board
  established  pursuant  to  this section who are not agents, officers, or
  employees of said city shall receive as compensation for their  services
  one  hundred  dollars  per  diem,  provided,  however,  that  the  total
  compensation paid to any such member shall  not  exceed  twelve  hundred
  dollars  for  any  calendar  year.  Four members of any such board shall
  constitute a quorum.