2023 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.