S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5325
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 25, 2019
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the real property tax law, in relation to an  energy-re-
   lated public utility mass real property central assessment program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 2 of section 200-a of the real
 property tax law, as separately amended by section 2 of part J of  chap-
 ter  57  and  chapter  475  of  the  laws of 2013, is amended to read as
 follows:
   (a) The power to determine the final special franchise value,  special
 franchise  assessment,  railroad ceiling, state equalization rate or any
 other equalization product established  pursuant  to  this  chapter  for
 which  a  complaint has been filed, as provided by sections four hundred
 eighty-nine-o, four hundred eighty-nine-ll,  four  hundred  ninety-nine-
 pppp,  FOUR  HUNDRED  NINETY-NINE-BBBBB,  six  hundred  fourteen, twelve
 hundred ten, twelve hundred fifty-three, and twelve hundred  sixty-three
 of this chapter;
   § 2. Paragraph (a) of subdivision 2 of section 200-a of the real prop-
 erty  tax  law,  as  amended by section 2 of part J of chapter 57 of the
 laws of 2013, is amended to read as follows:
   (a) The power to determine the final special franchise value,  special
 franchise  assessment,  railroad ceiling, state equalization rate or any
 other equalization product established  pursuant  to  this  chapter  for
 which  a  complaint has been filed, as provided by sections four hundred
 eighty-nine-o, four hundred eighty-nine-ll,  FOUR  HUNDRED  NINETY-NINE-
 BBBBB,  six  hundred fourteen, twelve hundred ten, twelve hundred fifty-
 three, and twelve hundred sixty-three of this chapter;
   § 3. Article 4 of the real property tax law is amended by adding a new
 title 6 to read as follows:
                                   TITLE 6

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11341-01-9

 S. 5325                             2
 
         ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY CENTRAL
                            ASSESSMENT PROGRAM
 SECTION 499-TTTT. DEFINITIONS.
         499-UUUU.  ANNUAL FEE.
         499-VVVV.  ASSESSMENT  OF  LOCAL  ENERGY-RELATED  PUBLIC UTILITY
                      MASS REAL PROPERTY.
         499-WWWW.  ASSESSMENT CEILING.
         499-XXXX.  LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPER-
                      TY VALUE.
         499-YYYY.  EQUITABLE RATIO OF ASSESSMENT.
         499-ZZZZ.  EQUALIZATION RATE.
         499-AAAAA. TENTATIVE  DETERMINATION   OF   ASSESSMENT   CEILING;
                      NOTICE, COMPLAINTS AND HEARING.
         499-BBBBB. FINAL  DETERMINATION  OF  ASSESSMENT CEILING; CERTIF-
                      ICATE.
         499-CCCCC. APPLICATION OF  ASSESSMENT  CEILING;  COMPUTATION  OF
                      EXEMPTION.
         499-DDDDD. REPORTS TO COMMISSIONER.
         499-EEEEE. INSPECTION  OF ACCOUNTS AND PROPERTY OF PUBLIC UTILI-
                     TIES.
   § 499-TTTT. DEFINITIONS. WHEN USED IN THIS TITLE:
   1. "LOCAL ENERGY-RELATED PUBLIC  UTILITY  MASS  REAL  PROPERTY"  MEANS
 ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY.
   2.  "LOCAL  ASSESSING  JURISDICTION"  MEANS THE TOWN, CITY, VILLAGE OR
 COUNTY ASSESSING UNIT THAT ESTABLISHES THE  ASSESSMENT  ROLLS  FOR  SUCH
 TOWN, CITY, VILLAGE OR COUNTY.
   3. "ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY" MEANS REAL PROP-
 ERTY  THAT  IS:  (A)  OWNED BY AN ELECTRIC CORPORATION, GAS CORPORATION,
 COMBINATION GAS AND ELECTRIC CORPORATION, OR STEAM CORPORATION  AS  SUCH
 TERMS ARE DEFINED IN SECTION TWO OF THE PUBLIC SERVICE LAW, AND (B) USED
 IN  THE  STORAGE,  TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, GAS, OR
 STEAM INCLUDING CONDUITS, CABLES, LINES,  WIRES,  POLES,  MAINS,  PIPES,
 SUBSTATIONS,  TANKS,  SUPPORTS  AND ENCLOSURES FOR ELECTRICAL CONDUCTORS
 LOCATED ON, ABOVE AND BELOW REAL PROPERTY. SUCH TERM SHALL  INCLUDE  ALL
 PROPERTY DESCRIBED IN PARAGRAPH (E) OF SUBDIVISION TWELVE OF SECTION ONE
 HUNDRED  TWO OF THIS CHAPTER. SPECIAL FRANCHISE PROPERTY AS DESCRIBED IN
 SUBDIVISION SEVENTEEN OF SECTION ONE HUNDRED TWO OF THIS CHAPTER AND ALL
 PROPERTY DESCRIBED IN PARAGRAPHS (A) AND (B) AND SUBPARAGRAPHS (A), (B),
 (C) AND (D) OF PARAGRAPH  (I)  OF  SUBDIVISION  TWELVE  OF  SECTION  ONE
 HUNDRED  TWO  OF  THIS  CHAPTER  SHALL  NOT BE CONSIDERED ENERGY-RELATED
 PUBLIC UTILITY MASS REAL PROPERTY FOR PURPOSES OF THIS TITLE.
   4. "TAXATION" MEANS AN AD VALOREM LEVY OR SPECIAL ASSESSMENT FOR WHICH
 ENERGY-RELATED PUBLIC UTILITY MASS REAL  PROPERTY  IS  OTHERWISE  LIABLE
 PURSUANT TO THIS CHAPTER.
   § 499-UUUU. ANNUAL FEE. ANY COSTS AND EXPENSES INCURRED BY THE COMMIS-
 SIONER  UNDER  THE  ENERGY-RELATED  PUBLIC  UTILITY  MASS  REAL PROPERTY
 CENTRAL ASSESSMENT PILOT PROGRAM SHALL BE PAID FROM THE COLLECTION OF AN
 ANNUAL CHARGE UPON THE OWNERS OF SUCH LOCAL ENERGY-RELATED PUBLIC UTILI-
 TY MASS REAL PROPERTY. THE COMMISSIONER SHALL PROVIDE BY RULE FOR COMPU-
 TATION OF SUCH CHARGE THROUGH  THE  APPORTIONMENT  OF  THESE  COSTS  AND
 EXPENSES  TO  OWNERS  OF  LOCAL  ENERGY-RELATED PUBLIC UTILITY MASS REAL
 PROPERTY IN RELATION TO THE TOTAL FULL VALUE OF THE LOCAL ENERGY-RELATED
 PUBLIC UTILITY MASS REAL PROPERTY ELIGIBLE  FOR  AN  ASSESSMENT  CEILING
 PURSUANT TO THIS TITLE. PRIOR TO COLLECTING PAYMENT OF SUCH CHARGES, THE
 COMMISSIONER  SHALL  ANNUALLY PROVIDE A DETAILED REPORT TO EACH OWNER OF
 LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY IDENTIFYING COSTS

 S. 5325                             3
 
 RELATED TO THE ESTABLISHMENT OF ASSESSMENT CEILINGS, INCLUDING, BUT  NOT
 LIMITED  TO,  EXPENDITURES,  REVENUE  SOURCES AND ANY ALLOCATIONS.   THE
 CHARGES ESTABLISHED PURSUANT TO THIS SECTION SHALL  BE  SUBJECT  TO  THE
 APPROVAL  OF  THE DIRECTOR OF THE BUDGET. EACH OWNER OF LOCAL ENERGY-RE-
 LATED PUBLIC UTILITY MASS REAL PROPERTY SHALL BE AUTHORIZED TO CHALLENGE
 ANY SUCH CHARGES PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE
 LAW AND RULES. ALL FEES COLLECTED BY THE COMMISSIONER UNDER THIS SECTION
 SHALL BE RETAINED BY THE DEPARTMENT FOR THE PURPOSES OUTLINED HEREIN.
   § 499-VVVV. ASSESSMENT OF LOCAL  ENERGY-RELATED  PUBLIC  UTILITY  MASS
 REAL  PROPERTY.  SUBJECT TO THE PROVISIONS OF SECTION FOUR HUNDRED NINE-
 TY-NINE-CCCCC OF THIS TITLE, THE ASSESSOR IN EACH CITY, TOWN AND VILLAGE
 AND IN EACH COUNTY HAVING A  DEPARTMENT  OF  ASSESSMENT  SHALL  ANNUALLY
 ASSESS  ALL LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY SITU-
 ATED IN SUCH CITY, TOWN, VILLAGE OR COUNTY, AS THE CASE MAY BE. 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  ASSES-
 SOR  SHALL APPORTION THAT PART OF THE ASSESSMENT OF LOCAL ENERGY-RELATED
 PUBLIC UTILITY MASS REAL PROPERTY IN THE TOWN OR COUNTY TO  THE  VILLAGE
 FOR VILLAGE TAX PURPOSES.
   §  499-WWWW.  ASSESSMENT  CEILING. 1. TO DETERMINE THE EXTENT TO WHICH
 LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY SHALL  BE  EXEMPT
 UNDER  THIS  TITLE,  AN  ASSESSMENT CEILING FOR THE LOCAL ENERGY-RELATED
 PUBLIC UTILITY MASS REAL PROPERTY SHALL BE ESTABLISHED ANNUALLY  BY  THE
 COMMISSIONER AS FOLLOWS:
   (A)  DETERMINE:  (I) THE LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL
 PROPERTY VALUE IN ACCORDANCE WITH THE PROVISIONS OF SECTION FOUR HUNDRED
 NINETY-NINE-YYYY OF THIS TITLE; AND (II) THE  EQUALIZATION  RATE  FACTOR
 FOR  THE  LOCAL  ENERGY-RELATED  PUBLIC  UTILITY  MASS  REAL PROPERTY IN
 ACCORDANCE WITH THE PROVISIONS OF SECTION FOUR HUNDRED  NINETY-NINE-ZZZZ
 OF THIS TITLE.
   (B) MULTIPLY THE LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPER-
 TY VALUE BY THE EQUALIZATION RATE FACTOR.
   THE RESULT SHALL BE THE ASSESSMENT CEILING.
   2. THE VALUATION DATE FOR ALL LOCAL ENERGY-RELATED PUBLIC UTILITY MASS
 REAL  PROPERTY  SHALL BE JANUARY FIRST OF THE YEAR PRECEDING THE YEAR IN
 WHICH THE ASSESSMENT ROLL ON WHICH SUCH  PROPERTY  IS  TO  BE  ASSESSED,
 COMPLETED  AND FILED IN THE OFFICE OF THE CITY OR TOWN CLERK.  THE TAXA-
 BLE STATUS FOR ALL LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPER-
 TY SHALL BE BASED UPON ITS CONDITION AND OWNERSHIP  AS  OF  THE  TAXABLE
 STATUS DATE APPLICABLE TO THE ASSESSMENT ROLL ON WHICH IT IS TO APPEAR.
   3.  FOR  ASSESSMENT  ROLLS  WITH TAXABLE STATUS DATES IN THE YEARS TWO
 THOUSAND TWENTY-THREE, TWO THOUSAND TWENTY-FOUR,  TWO  THOUSAND  TWENTY-
 FIVE  AND  TWO  THOUSAND TWENTY-SIX, THE COMMISSIONER SHALL ESTABLISH NO
 ASSESSMENT CEILING THAT IS BELOW THE LOWER  LIMIT  OR  ABOVE  THE  UPPER
 LIMIT  SPECIFIED  IN  THIS SUBDIVISION, EXCEPT THAT THE COMMISSIONER MAY
 ESTABLISH ASSESSMENT CEILINGS BELOW SUCH LOWER LIMIT OR ABOVE SUCH UPPER
 LIMIT TO TAKE INTO ACCOUNT ANY CHANGE IN LEVEL OF ASSESSMENT  AND/OR  TO
 TAKE  INTO ACCOUNT ANY ADDITIONS OR RETIREMENTS TO ENERGY-RELATED PUBLIC
 UTILITY MASS REAL PROPERTY OR LITIGATION AFFECTING THE VALUE OR  TAXABLE
 STATUS  OF  THE  LOCAL  ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY
 INITIATED PRIOR TO THE EFFECTIVE DATE OF THIS TITLE.
   (A) FOR ASSESSMENT ROLLS WITH TAXABLE STATUS  DATES  IN  TWO  THOUSAND
 TWENTY-THREE,  THE  ASSESSMENT  CEILING  SHALL  NOT  BE LESS THAN NINETY
 PERCENT OR MORE THAN ONE HUNDRED TEN PERCENT OF THE ASSESSMENT  OF  SUCH
 LOCAL  ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY APPEARING ON THE

 S. 5325                             4
 
 MUNICIPAL ASSESSMENT ROLL WITH A TAXABLE STATUS DATE  OCCURRING  IN  THE
 YEAR TWO THOUSAND TWENTY.
   (B)  FOR  ASSESSMENT  ROLLS  WITH TAXABLE STATUS DATES IN TWO THOUSAND
 TWENTY-FOUR, THE ASSESSMENT CEILING SHALL NOT BE LESS THAN  SEVENTY-FIVE
 PERCENT  OR  MORE THAN ONE HUNDRED TWENTY-FIVE PERCENT OF THE ASSESSMENT
 OF SUCH LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY APPEARING
 ON THE MUNICIPAL ASSESSMENT ROLL WITH A TAXABLE STATUS DATE OCCURRING IN
 THE YEAR TWO THOUSAND TWENTY.
   (C) FOR ASSESSMENT ROLLS WITH TAXABLE STATUS  DATES  IN  TWO  THOUSAND
 TWENTY-FIVE, THE ASSESSMENT CEILING SHALL NOT BE LESS THAN FIFTY PERCENT
 OR  MORE  THAN ONE HUNDRED FIFTY PERCENT OF THE ASSESSMENT OF SUCH LOCAL
 ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY APPEARING ON THE MUNIC-
 IPAL ASSESSMENT ROLL WITH A TAXABLE STATUS DATE OCCURRING  IN  THE  YEAR
 TWO THOUSAND TWENTY.
   (D)  FOR  ASSESSMENT  ROLLS  WITH TAXABLE STATUS DATES IN TWO THOUSAND
 TWENTY-SIX, THE ASSESSMENT CEILING SHALL NOT BE  LESS  THAN  TWENTY-FIVE
 PERCENT  OR MORE THAN ONE HUNDRED SEVENTY-FIVE PERCENT OF THE ASSESSMENT
 OF SUCH LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY APPEARING
 ON THE MUNICIPAL ASSESSMENT ROLL WITH A TAXABLE STATUS DATE OCCURRING IN
 THE YEAR TWO THOUSAND TWENTY.
   § 499-XXXX. LOCAL ENERGY-RELATED PUBLIC  UTILITY  MASS  REAL  PROPERTY
 VALUE.  THE  COMMISSIONER  SHALL COMPUTE THE LOCAL ENERGY-RELATED PUBLIC
 UTILITY MASS REAL PROPERTY VALUE AS FOLLOWS:
   1. THE LOCAL REPRODUCTION COST OF THE  ENERGY-RELATED  PUBLIC  UTILITY
 MASS REAL PROPERTY OF EACH ENERGY-RELATED PUBLIC UTILITY MASS REAL PROP-
 ERTY  OWNER  IN  EVERY  ASSESSING UNIT IS THE COST OF REPRODUCTION, LESS
 DEPRECIATION OF THAT ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY.
   2. IN  ASCERTAINING  DEPRECIATION  OF  PROPERTY  UNDER  THIS  SECTION,
 CONSIDERATION  MAY  BE  GIVEN  TO  THE  AGE, PHYSICAL CONDITION, AVERAGE
 SERVICE LIVES OF ASSETS AND OTHER RELEVANT FACTORS.
   3. ADJUSTMENTS FOR ECONOMIC OR FUNCTIONAL OBSOLESCENCE SHALL  ONLY  BE
 MADE  UPON  APPLICATION  BY  AN  ENERGY-RELATED PUBLIC UTILITY MASS REAL
 PROPERTY OWNER. EVERY SUCH APPLICATION SHALL BE SUBMITTED WITH THE ANNU-
 AL REPORT REQUIRED BY SECTION FOUR  HUNDRED  NINETY-NINE-DDDDD  OF  THIS
 TITLE.
   §  499-YYYY.  EQUITABLE  RATIO OF ASSESSMENT. THE COMMISSIONER AND ANY
 ASSESSING AUTHORITY SHALL BE PROHIBITED FROM ASSESSING LOCAL  ENERGY-RE-
 LATED  PUBLIC  UTILITY  MASS  REAL PROPERTY AT A VALUE THAT HAS A HIGHER
 RATIO TO THE FULL VALUE OF THE LOCAL ENERGY-RELATED PUBLIC UTILITY  MASS
 REAL PROPERTY THAN THE RATIO OF ASSESSED VALUE OF OTHER REAL PROPERTY IN
 THE  SAME  ASSESSMENT  CLASS  AND  JURISDICTION  TO  ITS  FULL VALUE, AS
 PROVIDED IN SECTION THREE HUNDRED FIVE OF THIS CHAPTER.
   § 499-ZZZZ. EQUALIZATION RATE. IN DETERMINING ASSESSMENT CEILINGS, THE
 COMMISSIONER SHALL APPLY THE  FINAL  STATE  EQUALIZATION  RATE  FOR  THE
 ASSESSMENT  ROLL OF THE LOCAL ASSESSING JURISDICTION FOR WHICH THE CEIL-
 ING IS ESTABLISHED. IF THAT FINAL RATE IS NOT AVAILABLE, THE COMMISSION-
 ER SHALL APPLY THE MOST RECENT FINAL STATE  EQUALIZATION  RATE  FOR  THE
 LOCAL ASSESSING JURISDICTION, EXCEPT THAT IF A SPECIAL EQUALIZATION RATE
 HAS  BEEN ESTABLISHED AS PROVIDED IN TITLE TWO OF ARTICLE TWELVE OF THIS
 CHAPTER, SUCH RATE SHALL BE APPLIED. IN THE CASE OF A SPECIAL  ASSESSING
 UNIT  AS  DEFINED  IN  SECTION EIGHTEEN HUNDRED ONE OF THIS CHAPTER, THE
 EQUALIZATION RATE TO BE APPLIED SHALL BE THE APPLICABLE CLASS  EQUALIZA-
 TION RATE.
   §  499-AAAAA.  TENTATIVE  DETERMINATION OF ASSESSMENT CEILING; NOTICE,
 COMPLAINTS AND HEARING. 1. EACH  YEAR  THE  COMMISSIONER  SHALL  MAKE  A
 TENTATIVE  DETERMINATION  OF AN ASSESSMENT CEILING FOR ALL LOCAL ENERGY-

 S. 5325                             5
 
 RELATED PUBLIC UTILITY MASS REAL PROPERTY. THEREAFTER, THE  COMMISSIONER
 SHALL  GIVE NOTICE, IN WRITING OR ELECTRONICALLY, TO EACH ASSESSING UNIT
 AND EACH OWNER OF LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY
 FOR  WHICH  SUCH  TENTATIVE DETERMINATION OF AN ASSESSMENT CEILING SHALL
 HAVE BEEN MADE, SPECIFYING THE AMOUNT OF SUCH CEILING, AND MAKING AVAIL-
 ABLE FOR INSPECTION AND COPYING THE COMPUTATIONS USED TO  ESTABLISH  THE
 TENTATIVE ASSESSMENT CEILING AMOUNT PURSUANT TO THE PUBLIC OFFICERS LAW,
 AND  SETTING  FORTH  THE TIME AND PLACE WHERE THE COMMISSIONER OR HIS OR
 HER DESIGNEE WILL MEET TO HEAR ANY COMPLAINT CONCERNING  SUCH  TENTATIVE
 DETERMINATION.    SUCH NOTICE SHALL BE SENT ELECTRONICALLY AND SERVED IN
 WRITING AT LEAST FORTY-FIVE DAYS PRIOR TO THE DATE  SPECIFIED  FOR  SUCH
 HEARING.
   2. A TENTATIVE ASSESSMENT CEILING MAY BE CHALLENGED BEFORE THE COMMIS-
 SIONER AS FOLLOWS:
   (A) AN OWNER OF LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY
 OR  THE  LOCAL  ASSESSING  JURISDICTION OBJECTING TO A TENTATIVE CEILING
 MUST SERVE A COMPLAINT UPON THE COMMISSIONER, IN  WRITING,  AND  A  COPY
 THEREOF  UPON THE ASSESSING UNIT OR OWNER OF LOCAL ENERGY-RELATED PUBLIC
 UTILITY MASS REAL PROPERTY, AS THE CASE MAY BE, AT LEAST TEN DAYS BEFORE
 THE DATE SPECIFIED FOR THE HEARING.  THE  COMPLAINT  SHALL  SPECIFY  THE
 OBJECTIONS  TO SUCH TENTATIVE DETERMINATION.  SERVICE MAY BE MADE EITHER
 IN PERSON OR BY MAIL.
   (B) ON OR BEFORE THE DATE SPECIFIED FOR THE HEARING, AN  AFFIDAVIT  OF
 SERVICE  SHALL  BE  FILED WITH THE COMMISSIONER STATING THAT SERVICE HAS
 BEEN MADE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
   3. THE COMMISSIONER OR HIS OR HER DESIGNEE SHALL MEET AT THE TIME  AND
 PLACE  SPECIFIED  IN  SUCH  NOTICE  SET FORTH IN SUBDIVISION ONE OF THIS
 SECTION TO HEAR COMPLAINTS IN RELATION TO THE TENTATIVE DETERMINATION OF
 THE ASSESSMENT 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.
   § 499-BBBBB. FINAL DETERMINATION OF ASSESSMENT  CEILING;  CERTIFICATE.
 1.  AFTER THE HEARING PROVIDED IN SECTION FOUR HUNDRED NINETY-NINE-AAAAA
 OF THIS TITLE, THE COMMISSIONER SHALL FINALLY DETERMINE  THE  ASSESSMENT
 CEILING  FOR  THE LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY
 OF EACH LOCAL ENERGY-RELATED PUBLIC UTILITY  MASS  REAL  PROPERTY  OWNER
 SITUATED IN EACH ASSESSING UNIT.
   2.  NOTWITHSTANDING  THAT  A  COMPLAINT  MAY  NOT HAVE BEEN FILED WITH
 RESPECT TO A TENTATIVE  DETERMINATION  OF  AN  ASSESSMENT  CEILING,  THE
 COMMISSIONER  SHALL  GIVE EFFECT TO ANY SPECIAL EQUALIZATION RATE ESTAB-
 LISHED PURSUANT TO SECTION TWELVE HUNDRED TWENTY-FOUR OF THIS CHAPTER OR
 THE FINAL STATE EQUALIZATION RATE FOR THE ASSESSMENT ROLL FOR WHICH  THE
 CEILING  IS ESTABLISHED AS PROVIDED IN SECTION FOUR HUNDRED NINETY-NINE-
 ZZZZ OF THIS TITLE PRIOR TO THE DATE FOR THE FINAL DETERMINATION OF  THE
 ASSESSMENT CEILING.
   3.  NO  LATER THAN TEN DAYS BEFORE THE LAST DATE PRESCRIBED BY LAW FOR
 THE LEVY OF TAXES, THE COMMISSIONER SHALL  FILE  A  CERTIFICATE  SETTING
 FORTH EACH ASSESSMENT 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. THE COMMISSIONER SHALL, AT
 THE SAME TIME, TRANSMIT TO EACH OWNER  OF  LOCAL  ENERGY-RELATED  PUBLIC
 UTILITY  MASS REAL PROPERTY FOR WHICH SUCH CEILING HAS BEEN DETERMINED A
 DUPLICATE COPY OF SUCH CERTIFICATE.

 S. 5325                             6

   4. ANY FINAL DETERMINATION OF AN ASSESSMENT CEILING BY THE COMMISSION-
 ER PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL BE SUBJECT TO JUDI-
 CIAL CHALLENGE BY AN OWNER OF LOCAL ENERGY-RELATED PUBLIC  UTILITY  MASS
 REAL  PROPERTY  OR  A LOCAL ASSESSING JURISDICTION IN A PROCEEDING UNDER
 ARTICLE  SEVEN  OF  THIS CHAPTER; PROVIDED HOWEVER, THE TIME TO COMMENCE
 SUCH PROCEEDING SHALL BE WITHIN SIXTY DAYS OF THE ISSUANCE OF THE  FINAL
 ASSESSMENT  CEILING  CERTIFICATE AND ALL QUESTIONS OF FACT AND LAW SHALL
 BE DETERMINED DE NOVO. ANY JUDICIAL PROCEEDING SHALL BE COMMENCED IN THE
 SUPREME COURT IN THE COUNTY OF ALBANY. NOTHING  IN  THIS  SECTION  SHALL
 PRECLUDE  A  CHALLENGE  OF  THE  ASSESSED  VALUE  ESTABLISHED BY A LOCAL
 ASSESSING JURISDICTION WITH RESPECT TO LOCAL ENERGY-RELATED PUBLIC UTIL-
 ITY MASS REAL PROPERTY AS OTHERWISE PROVIDED IN ARTICLE  SEVEN  OF  THIS
 CHAPTER.  IN ANY PROCEEDING CHALLENGING AN ASSESSED VALUE ESTABLISHED BY
 A LOCAL ASSESSING JURISDICTION FOR LOCAL ENERGY-RELATED  PUBLIC  UTILITY
 MASS  REAL  PROPERTY, THE FINAL CERTIFIED ASSESSMENT CEILING ESTABLISHED
 PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL NOT BE  CONSIDERED  BY
 THE COURT.
   §   499-CCCCC.  APPLICATION  OF  ASSESSMENT  CEILING;  COMPUTATION  OF
 EXEMPTION. 1. UPON RECEIPT OF A  CERTIFICATE  SETTING  FORTH  THE  FINAL
 CERTIFIED  ASSESSMENT  CEILING  FOR  LOCAL ENERGY-RELATED PUBLIC UTILITY
 MASS REAL PROPERTY, THE ASSESSOR SHALL COMPARE THE  ASSESSED  VALUATIONS
 ATTRIBUTABLE  TO THE LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROP-
 ERTY FOR EACH OWNER OF LOCAL ENERGY-RELATED  PUBLIC  UTILITY  MASS  REAL
 PROPERTY  INCLUDED  IN  THE ASSESSMENT CEILING.   WHERE THE OWNER OF THE
 LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY REPORTS  INFORMA-
 TION  BY  SPECIFIC  PROPERTY  IDENTIFICATION  TO THE COMMISSIONER OR THE
 LOCAL ASSESSING JURISDICTION HAS IMPLEMENTED A SYSTEM BY THE COMMISSION-
 ER STANDARDIZING THE IDENTITY OF ENERGY-RELATED PUBLIC UTILITY MASS REAL
 PROPERTY ON ASSESSMENT ROLLS, SUCH CERTIFIED ASSESSMENT  CEILINGS  SHALL
 BE  PROVIDED  BY  THE  COMMISSIONER, AS SET FORTH ON THE LOCAL ASSESSING
 JURISDICTION'S ASSESSMENT ROLLS. WHERE THE ASSESSED VALUATION  DOES  NOT
 EXCEED  THE  FINAL  CERTIFIED  ASSESSMENT  CEILING,  AS SET FORTH IN THE
 CERTIFICATE FOR THE LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL  PROP-
 ERTY,  THE  ASSESSOR NEED NOT MAKE ANY ADJUSTMENT IN SUCH ASSESSED VALU-
 ATION. PROVIDED, HOWEVER,  THE  ASSESSED  VALUATION  EXCEEDS  THE  FINAL
 CERTIFIED  ASSESSMENT  CEILING,  AS  SET  FORTH IN THE CERTIFICATE, SUCH
 LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY SHALL  BE  EXEMPT
 FROM TAXATION TO THE EXTENT OF SUCH EXCESS AND THE ASSESSOR SHALL FORTH-
 WITH  REDUCE THE ASSESSMENTS OF SUCH LOCAL ENERGY-RELATED PUBLIC UTILITY
 MASS REAL PROPERTY, SO THAT THE TAXABLE ASSESSED VALUATION OF SUCH PROP-
 ERTY SHALL NOT EXCEED THE CERTIFIED ASSESSMENT CEILING. ALL CERTIFICATES
 OF ASSESSMENT CEILINGS SHALL BE ATTACHED TO THE ASSESSMENT ROLL OR FILED
 THEREWITH AS PROVIDED IN ARTICLE FIFTEEN-C OF THIS CHAPTER.
   2. THE  ASSESSOR  IS  HEREBY  AUTHORIZED  AND  DIRECTED  TO  MAKE  THE
 REDUCTIONS,  IF ANY, PROVIDED FOR IN THIS SECTION ON THE ASSESSMENT ROLL
 OF THE LOCAL ASSESSING JURISDICTION IN WHICH  THE  LOCAL  ENERGY-RELATED
 PUBLIC  UTILITY  MASS REAL PROPERTY IS LOCATED, NOTWITHSTANDING THE FACT
 THAT HE OR SHE MAY RECEIVE THE CERTIFICATE  OF  THE  ASSESSMENT  CEILING
 AFTER  THE  FINAL COMPLETION, VERIFICATION AND FILING OF SUCH ASSESSMENT
 ROLL. OTHER LOCAL OFFICERS, INCLUDING SCHOOL AUTHORITIES, APPLYING  SUCH
 FINAL  ASSESSMENT ROLL, ARE HEREBY AUTHORIZED AND DIRECTED, ON THE BASIS
 OF INFORMATION WHICH SHALL BE PROVIDED BY  THE  ASSESSOR,  TO  MAKE  THE
 REDUCTIONS  PROVIDED  FOR  IN THIS SECTION ON THEIR RESPECTIVE TAX ROLLS
 PRIOR TO LEVY OF TAX OR, IF RECEIVED  AFTER  THE  TAX  ROLLS  HAVE  BEEN
 ESTABLISHED,  TO  CORRECT  ANY  TAX  LEVY OF LOCAL ENERGY-RELATED PUBLIC
 UTILITY MASS REAL PROPERTY TO REFLECT SUCH REDUCTION. IF  THE  REDUCTION

 S. 5325                             7
 
 IS  MADE  AFTER  THE  TAX LEVY AND PAYMENT OF SAME BY THE OWNER OF LOCAL
 ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY,  THEN  SUCH  OWNER  OF
 LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY SHALL BE ENTITLED
 TO  A REFUND IN ACCORDANCE WITH SECTION SEVEN HUNDRED TWENTY-SIX OF THIS
 CHAPTER.
   3. IN ASSESSING UNITS FOR WHICH HE  OR  SHE  IS  REQUIRED  BY  LAW  TO
 PREPARE  AN  ASSESSMENT  ROLL,  THE ASSESSOR OF A COUNTY HAVING A COUNTY
 DEPARTMENT OF ASSESSMENT SHALL PERFORM ALL THE ACTS  PRESCRIBED  FOR  AN
 ASSESSOR  BY  THIS  TITLE.  WHERE  A  VILLAGE HAS ENACTED A LOCAL LAW AS
 PROVIDED IN SUBDIVISION THREE OF SECTION FOURTEEN HUNDRED  TWO  OF  THIS
 CHAPTER,  THE ASSESSOR OF THE TOWN OR COUNTY WHO PREPARES A COPY OF THIS
 APPLICABLE PART OF THE TOWN OR COUNTY ASSESSMENT ROLL  FOR  VILLAGE  TAX
 PURPOSES  SHALL  ALSO  PERFORM THE ACTS PRESCRIBED FOR ASSESSORS BY THIS
 TITLE ON BEHALF OF THE VILLAGE.
   § 499-DDDDD. REPORTS TO COMMISSIONER. 1. THE COMMISSIONER MAY  REQUIRE
 FROM AN OWNER OF A LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPER-
 TY AN ANNUAL REPORT THAT SHALL INCLUDE SUCH INFORMATION AND DATA THAT IS
 PRESCRIBED  IN  REGULATION  BY  THE  COMMISSIONER  AND IS REASONABLE AND
 NECESSARILY RELATED TO THE ESTABLISHMENT OF A CEILING ASSESSMENT BY  THE
 COMMISSIONER FOR THE LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROP-
 ERTY,  AND  WHICH  SHALL BE IN THE SAME FORMAT AND SUBSTANCE AS REQUIRED
 FOR SPECIAL FRANCHISE PROPERTY PURSUANT TO ARTICLE SIX OF THIS  CHAPTER.
 SUCH  REPORTS  SHALL BE THE SAME FOR SIMILARLY SITUATED LOCAL ENERGY-RE-
 LATED PUBLIC UTILITY MASS REAL PROPERTY OWNERS.
   2. EVERY REPORT REQUIRED BY OR PURSUANT TO THIS SECTION SHALL BE  MADE
 BY  A  PERSON AUTHORIZED TO PREPARE SUCH REPORTS AND HAVING KNOWLEDGE OF
 THE CONTENTS THEREOF, OR WHO IS AUTHORIZED TO OBTAIN  SUCH  INFORMATION.
 THE  COMMISSIONER  MAY  PREPARE  AND REQUIRE THE USE OF FORMS FOR MAKING
 SUCH REPORTS.
   3. ANY OWNER OF LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY
 FAILING TO FILE THE ANNUAL REPORT PURSUANT TO THIS  SECTION  WITHIN  THE
 TIME  SPECIFIED  BY  THE  COMMISSIONER SHALL NOT BE ENTITLED TO JUDICIAL
 REVIEW OF AN ASSESSMENT CEILING THAT WOULD HAVE BEEN THE SUBJECT OF SUCH
 REPORT AS PROVIDED IN THIS TITLE AND SHALL BE SUBJECT TO A FINE  OF  ONE
 HUNDRED  DOLLARS  FOR  EACH DAY UNTIL SUCH REPORT IS FILED IN ACCORDANCE
 WITH THIS SECTION; PROVIDED, HOWEVER, SUCH FINE SHALL NOT BE APPLIED  AS
 A  TAX  LIEN;  AND PROVIDED, FURTHER, SUCH OWNER OF LOCAL ENERGY-RELATED
 PUBLIC UTILITY MASS REAL PROPERTY SHALL NOT BE SUBJECT TO ANY OTHER FINE
 OR PENALTY FOR A VIOLATION OF THIS SECTION.
   4. IN ADDITION TO THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION,
 IF AN OWNER OF LOCAL ENERGY-RELATED PUBLIC UTILITY  MASS  REAL  PROPERTY
 FAILS  TO  FURNISH A REPORT REQUIRED BY THIS SECTION WITHIN THE REQUIRED
 TIMEFRAME, THE COMMISSIONER MAY COMMENCE A SPECIAL PROCEEDING IN SUPREME
 COURT TO COMPEL SUCH OWNER TO FURNISH SUCH REPORT.
   5. IF AN OWNER OF LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL  PROP-
 ERTY  FAILS  TO SUBMIT AN ANNUAL REPORT AS REQUIRED BY THIS SECTION, THE
 ASSESSMENT CEILING ON THE NEXT ANNUAL ASSESSMENT ROLL  SHALL  BE  CALCU-
 LATED USING THE BEST INFORMATION AVAILABLE TO THE COMMISSIONER.
   6.  IF AN OWNER OF LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROP-
 ERTY MAKES REASONABLE EFFORTS TO FILE AN ANNUAL REPORT, SUCH OWNER SHALL
 NOT BE SUBJECT TO ANY CHARGE OR FINE PURSUANT TO THIS SECTION.
   § 499-EEEEE. INSPECTION OF ACCOUNTS AND PROPERTY OF PUBLIC  UTILITIES.
 1.  THE COMMISSIONER SHALL, UPON REASONABLE PRIOR NOTICE, HAVE ACCESS AT
 REASONABLE TIMES TO REASONABLE DISCLOSURE OF ACCOUNTS AND RECORDS ESTAB-
 LISHED AND MAINTAINED BY A LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL

 S. 5325                             8
 
 PROPERTY OWNER RELATING TO ITS LOCAL ENERGY-RELATED PUBLIC UTILITY  MASS
 REAL PROPERTY.
   2.  THE COMMISSIONER SHALL, AT REASONABLE TIMES IN THE NORMAL BUSINESS
 OPERATIONS OF THE LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY
 OWNER, AND WITH PRIOR NOTICE AND APPOINTMENT, AND NOT OTHERWISE  LIMITED
 BY  FEDERAL  LAW  OR REGULATIONS, HAVE ACCESS TO INSPECT LOCATIONS WHERE
 THE LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY IS SITUATED.
   § 4. (a) Within two years of the effective date of this act and  bien-
 nially  thereafter, the commissioner of taxation and finance, in consul-
 tation with owners of energy-related public utility mass real  property,
 shall  examine  and  evaluate whether energy-related public utility mass
 real property continues to constitute a "specialty" and,  if  not,  such
 commissioner  shall examine and evaluate alternative valuation methodol-
 ogies to the reproduction cost less depreciation methodology to  compute
 the  value  of  local  energy-related public utility mass real property,
 including,  but  not  limited  to,  the  three  valuation  methodologies
 (income,  sales  comparison and cost approaches), with reconciliation in
 accordance with nationally recognized  professional  appraisal  practice
 standards.
   (b)  The  commissioner  of  taxation  and  finance shall report to the
 governor, the temporary president of the senate and the speaker  of  the
 assembly  his  or her findings and recommendations, including any amend-
 ment of statute or regulation, related to the examination and evaluation
 pursuant to subdivision (a) of this  section,  no  later  than  December
 thirty-first of the second year of such biennial period.
   (c)  No  later  than January 1, 2024, the commissioner of taxation and
 finance shall examine and evaluate whether to extend the  provisions  of
 this  act  to  other  owners  of energy-related public utility mass real
 property and shall report to the governor, the  temporary  president  of
 the  senate  and  the  speaker  of  the assembly his or her findings and
 recommendations, including  any  amendment  of  statute  or  regulation,
 related to this examination and evaluation.
   §  5. This act shall take effect on January 1, 2020 and shall apply to
 assessment rolls with taxable status dates occurring  on  or  after  the
 year  2023;  provided,  however, that the amendments to paragraph (a) of
 subdivision 2 of section 200-a of the real  property  tax  law  made  by
 section one of this act shall not affect the expiration and reversion of
 such  section  pursuant to section 4 of chapter 475 of the laws of 2013,
 when upon such date the provisions of section two of this act shall take
 effect.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5325--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 25, 2019
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Local  Government  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the real property tax law, in relation to an  energy-re-
   lated public utility mass real property central assessment program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 2 of section 200-a of the real
 property tax law, as separately amended by section 2 of part J of  chap-
 ter  57  and  chapter  475  of  the  laws of 2013, is amended to read as
 follows:
   (a) The power to determine the final special franchise value,  special
 franchise  assessment,  railroad ceiling, state equalization rate or any
 other equalization product established  pursuant  to  this  chapter  for
 which  a  complaint has been filed, as provided by sections four hundred
 eighty-nine-o, four hundred eighty-nine-ll,  four  hundred  ninety-nine-
 pppp,  FOUR  HUNDRED  NINETY-NINE-BBBBB,  six  hundred  fourteen, twelve
 hundred ten, twelve hundred fifty-three, and twelve hundred  sixty-three
 of this chapter;
   § 2. Paragraph (a) of subdivision 2 of section 200-a of the real prop-
 erty  tax  law,  as  amended by section 2 of part J of chapter 57 of the
 laws of 2013, is amended to read as follows:
   (a) The power to determine the final special franchise value,  special
 franchise  assessment,  railroad ceiling, state equalization rate or any
 other equalization product established  pursuant  to  this  chapter  for
 which  a  complaint has been filed, as provided by sections four hundred
 eighty-nine-o, four hundred eighty-nine-ll,  FOUR  HUNDRED  NINETY-NINE-
 BBBBB,  six  hundred fourteen, twelve hundred ten, twelve hundred fifty-
 three, and twelve hundred sixty-three of this chapter;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11341-02-9
              

 S. 5325--A                          2
 
   § 3. Article 4 of the real property tax law is amended by adding a new
 title 6 to read as follows:
                                   TITLE 6
 
         ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY CENTRAL
                            ASSESSMENT PROGRAM
 SECTION 499-TTTT. DEFINITIONS.
         499-UUUU.  ANNUAL FEE.
         499-VVVV.  ASSESSMENT  OF  LOCAL  ENERGY-RELATED  PUBLIC UTILITY
                      MASS REAL PROPERTY.
         499-WWWW.  ASSESSMENT CEILING.
         499-XXXX.  LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPER-
                      TY VALUE.
         499-YYYY.  EQUITABLE RATIO OF ASSESSMENT.
         499-ZZZZ.  EQUALIZATION RATE.
         499-AAAAA. TENTATIVE  DETERMINATION   OF   ASSESSMENT   CEILING;
                      NOTICE, COMPLAINTS AND HEARING.
         499-BBBBB. FINAL  DETERMINATION  OF  ASSESSMENT CEILING; CERTIF-
                      ICATE.
         499-CCCCC. APPLICATION OF  ASSESSMENT  CEILING;  COMPUTATION  OF
                      EXEMPTION.
         499-DDDDD. REPORTS TO COMMISSIONER.
         499-EEEEE. INSPECTION  OF ACCOUNTS AND PROPERTY OF PUBLIC UTILI-
                     TIES.
   § 499-TTTT. DEFINITIONS. WHEN USED IN THIS TITLE:
   1. "LOCAL ENERGY-RELATED PUBLIC  UTILITY  MASS  REAL  PROPERTY"  MEANS
 ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY.
   2.  "LOCAL  ASSESSING  JURISDICTION"  MEANS THE TOWN, CITY, VILLAGE OR
 COUNTY ASSESSING UNIT THAT ESTABLISHES THE  ASSESSMENT  ROLLS  FOR  SUCH
 TOWN, CITY, VILLAGE OR COUNTY.
   3. "ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY" MEANS REAL PROP-
 ERTY  THAT  IS:  (A)  OWNED BY AN ELECTRIC CORPORATION, GAS CORPORATION,
 COMBINATION GAS AND ELECTRIC CORPORATION, OR STEAM CORPORATION  AS  SUCH
 TERMS ARE DEFINED IN SECTION TWO OF THE PUBLIC SERVICE LAW, AND (B) USED
 IN  THE  STORAGE,  TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, GAS, OR
 STEAM INCLUDING CONDUITS, CABLES, LINES,  WIRES,  POLES,  MAINS,  PIPES,
 SUBSTATIONS,  TANKS,  SUPPORTS  AND ENCLOSURES FOR ELECTRICAL CONDUCTORS
 LOCATED ON, ABOVE AND BELOW REAL PROPERTY. SUCH TERM SHALL  INCLUDE  ALL
 PROPERTY DESCRIBED IN PARAGRAPH (E) OF SUBDIVISION TWELVE OF SECTION ONE
 HUNDRED  TWO OF THIS CHAPTER. SPECIAL FRANCHISE PROPERTY AS DESCRIBED IN
 SUBDIVISION SEVENTEEN OF SECTION ONE HUNDRED TWO OF THIS CHAPTER AND ALL
 PROPERTY DESCRIBED IN PARAGRAPHS (A) AND (B) AND SUBPARAGRAPHS (A), (B),
 (C) AND (D) OF PARAGRAPH  (I)  OF  SUBDIVISION  TWELVE  OF  SECTION  ONE
 HUNDRED  TWO  OF  THIS  CHAPTER  SHALL  NOT BE CONSIDERED ENERGY-RELATED
 PUBLIC UTILITY MASS REAL PROPERTY FOR PURPOSES OF THIS TITLE.
   4. "TAXATION" MEANS AN AD VALOREM LEVY OR SPECIAL ASSESSMENT FOR WHICH
 ENERGY-RELATED PUBLIC UTILITY MASS REAL  PROPERTY  IS  OTHERWISE  LIABLE
 PURSUANT TO THIS CHAPTER.
   § 499-UUUU. ANNUAL FEE. ANY COSTS AND EXPENSES INCURRED BY THE COMMIS-
 SIONER  UNDER  THE  ENERGY-RELATED  PUBLIC  UTILITY  MASS  REAL PROPERTY
 CENTRAL ASSESSMENT PILOT PROGRAM SHALL BE PAID FROM THE COLLECTION OF AN
 ANNUAL CHARGE UPON THE OWNERS OF SUCH LOCAL ENERGY-RELATED PUBLIC UTILI-
 TY MASS REAL PROPERTY. THE COMMISSIONER SHALL PROVIDE BY RULE FOR COMPU-
 TATION OF SUCH CHARGE THROUGH  THE  APPORTIONMENT  OF  THESE  COSTS  AND
 EXPENSES  TO  OWNERS  OF  LOCAL  ENERGY-RELATED PUBLIC UTILITY MASS REAL
 PROPERTY IN RELATION TO THE TOTAL FULL VALUE OF THE LOCAL ENERGY-RELATED

 S. 5325--A                          3
 
 PUBLIC UTILITY MASS REAL PROPERTY ELIGIBLE  FOR  AN  ASSESSMENT  CEILING
 PURSUANT TO THIS TITLE. PRIOR TO COLLECTING PAYMENT OF SUCH CHARGES, THE
 COMMISSIONER  SHALL  ANNUALLY PROVIDE A DETAILED REPORT TO EACH OWNER OF
 LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY IDENTIFYING COSTS
 RELATED  TO THE ESTABLISHMENT OF ASSESSMENT CEILINGS, INCLUDING, BUT NOT
 LIMITED TO, EXPENDITURES, REVENUE SOURCES  AND  ANY  ALLOCATIONS.    THE
 CHARGES  ESTABLISHED  PURSUANT  TO  THIS SECTION SHALL BE SUBJECT TO THE
 APPROVAL OF THE DIRECTOR OF THE BUDGET. EACH OWNER OF  LOCAL  ENERGY-RE-
 LATED PUBLIC UTILITY MASS REAL PROPERTY SHALL BE AUTHORIZED TO CHALLENGE
 ANY SUCH CHARGES PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE
 LAW AND RULES. ALL FEES COLLECTED BY THE COMMISSIONER UNDER THIS SECTION
 SHALL BE RETAINED BY THE DEPARTMENT FOR THE PURPOSES OUTLINED HEREIN.
   §  499-VVVV.  ASSESSMENT  OF  LOCAL ENERGY-RELATED PUBLIC UTILITY MASS
 REAL PROPERTY. SUBJECT TO THE PROVISIONS OF SECTION FOUR  HUNDRED  NINE-
 TY-NINE-CCCCC OF THIS TITLE, THE ASSESSOR IN EACH CITY, TOWN AND VILLAGE
 AND  IN  EACH  COUNTY  HAVING  A DEPARTMENT OF ASSESSMENT SHALL ANNUALLY
 ASSESS ALL LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY  SITU-
 ATED  IN SUCH CITY, TOWN, VILLAGE OR COUNTY, AS THE CASE MAY BE. 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 ASSES-
 SOR SHALL APPORTION THAT PART OF THE ASSESSMENT OF LOCAL  ENERGY-RELATED
 PUBLIC  UTILITY  MASS REAL PROPERTY IN THE TOWN OR COUNTY TO THE VILLAGE
 FOR VILLAGE TAX PURPOSES.
   § 499-WWWW. ASSESSMENT CEILING. 1. TO DETERMINE THE  EXTENT  TO  WHICH
 LOCAL  ENERGY-RELATED  PUBLIC UTILITY MASS REAL PROPERTY SHALL BE EXEMPT
 UNDER THIS TITLE, AN ASSESSMENT CEILING  FOR  THE  LOCAL  ENERGY-RELATED
 PUBLIC  UTILITY  MASS REAL PROPERTY SHALL BE ESTABLISHED ANNUALLY BY THE
 COMMISSIONER AS FOLLOWS:
   (A) DETERMINE: (I) THE LOCAL ENERGY-RELATED PUBLIC UTILITY  MASS  REAL
 PROPERTY VALUE IN ACCORDANCE WITH THE PROVISIONS OF SECTION FOUR HUNDRED
 NINETY-NINE-YYYY  OF  THIS  TITLE; AND (II) THE EQUALIZATION RATE FACTOR
 FOR THE LOCAL  ENERGY-RELATED  PUBLIC  UTILITY  MASS  REAL  PROPERTY  IN
 ACCORDANCE  WITH THE PROVISIONS OF SECTION FOUR HUNDRED NINETY-NINE-ZZZZ
 OF THIS TITLE.
   (B) MULTIPLY THE LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPER-
 TY VALUE BY THE EQUALIZATION RATE FACTOR.
   THE RESULT SHALL BE THE ASSESSMENT CEILING.
   2. THE VALUATION DATE FOR ALL LOCAL ENERGY-RELATED PUBLIC UTILITY MASS
 REAL PROPERTY SHALL BE JANUARY FIRST OF THE YEAR PRECEDING THE  YEAR  IN
 WHICH  THE  ASSESSMENT  ROLL  ON  WHICH SUCH PROPERTY IS TO BE ASSESSED,
 COMPLETED AND FILED IN THE OFFICE OF THE CITY OR TOWN CLERK.  THE  TAXA-
 BLE STATUS FOR ALL LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPER-
 TY  SHALL  BE  BASED  UPON ITS CONDITION AND OWNERSHIP AS OF THE TAXABLE
 STATUS DATE APPLICABLE TO THE ASSESSMENT ROLL ON WHICH IT IS TO APPEAR.
   3. FOR ASSESSMENT ROLLS WITH TAXABLE STATUS DATES  IN  THE  YEARS  TWO
 THOUSAND  TWENTY-FOUR, TWO THOUSAND TWENTY-FIVE, TWO THOUSAND TWENTY-SIX
 AND TWO THOUSAND  TWENTY-SEVEN,  THE  COMMISSIONER  SHALL  ESTABLISH  NO
 ASSESSMENT  CEILING  THAT  IS  BELOW  THE LOWER LIMIT OR ABOVE THE UPPER
 LIMIT SPECIFIED IN THIS SUBDIVISION, EXCEPT THAT  THE  COMMISSIONER  MAY
 ESTABLISH ASSESSMENT CEILINGS BELOW SUCH LOWER LIMIT OR ABOVE SUCH UPPER
 LIMIT  TO  TAKE INTO ACCOUNT ANY CHANGE IN LEVEL OF ASSESSMENT AND/OR TO
 TAKE INTO ACCOUNT ANY ADDITIONS OR RETIREMENTS TO ENERGY-RELATED  PUBLIC
 UTILITY  MASS REAL PROPERTY OR LITIGATION AFFECTING THE VALUE OR TAXABLE
 STATUS OF THE LOCAL ENERGY-RELATED PUBLIC  UTILITY  MASS  REAL  PROPERTY
 INITIATED PRIOR TO THE EFFECTIVE DATE OF THIS TITLE.

 S. 5325--A                          4
 
   (A)  FOR  ASSESSMENT  ROLLS  WITH TAXABLE STATUS DATES IN TWO THOUSAND
 TWENTY-FOUR, THE ASSESSMENT  CEILING  SHALL  NOT  BE  LESS  THAN  NINETY
 PERCENT  OR  MORE THAN ONE HUNDRED TEN PERCENT OF THE ASSESSMENT OF SUCH
 LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY APPEARING ON  THE
 MUNICIPAL  ASSESSMENT  ROLL  WITH A TAXABLE STATUS DATE OCCURRING IN THE
 YEAR TWO THOUSAND TWENTY.
   (B) FOR ASSESSMENT ROLLS WITH TAXABLE STATUS  DATES  IN  TWO  THOUSAND
 TWENTY-FIVE,  THE ASSESSMENT CEILING SHALL NOT BE LESS THAN SEVENTY-FIVE
 PERCENT OR MORE THAN ONE HUNDRED TWENTY-FIVE PERCENT OF  THE  ASSESSMENT
 OF SUCH LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY APPEARING
 ON THE MUNICIPAL ASSESSMENT ROLL WITH A TAXABLE STATUS DATE OCCURRING IN
 THE YEAR TWO THOUSAND TWENTY.
   (C)  FOR  ASSESSMENT  ROLLS  WITH TAXABLE STATUS DATES IN TWO THOUSAND
 TWENTY-SIX, THE ASSESSMENT CEILING SHALL NOT BE LESS THAN FIFTY  PERCENT
 OR  MORE  THAN ONE HUNDRED FIFTY PERCENT OF THE ASSESSMENT OF SUCH LOCAL
 ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY APPEARING ON THE MUNIC-
 IPAL ASSESSMENT ROLL WITH A TAXABLE STATUS DATE OCCURRING  IN  THE  YEAR
 TWO THOUSAND TWENTY.
   (D)  FOR  ASSESSMENT  ROLLS  WITH TAXABLE STATUS DATES IN TWO THOUSAND
 TWENTY-SEVEN, THE ASSESSMENT CEILING SHALL NOT BE LESS THAN  TWENTY-FIVE
 PERCENT  OR MORE THAN ONE HUNDRED SEVENTY-FIVE PERCENT OF THE ASSESSMENT
 OF SUCH LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY APPEARING
 ON THE MUNICIPAL ASSESSMENT ROLL WITH A TAXABLE STATUS DATE OCCURRING IN
 THE YEAR TWO THOUSAND TWENTY.
   § 499-XXXX. LOCAL ENERGY-RELATED PUBLIC  UTILITY  MASS  REAL  PROPERTY
 VALUE.  THE  COMMISSIONER  SHALL COMPUTE THE LOCAL ENERGY-RELATED PUBLIC
 UTILITY MASS REAL PROPERTY VALUE AS FOLLOWS:
   1. THE LOCAL REPRODUCTION COST OF THE  ENERGY-RELATED  PUBLIC  UTILITY
 MASS REAL PROPERTY OF EACH ENERGY-RELATED PUBLIC UTILITY MASS REAL PROP-
 ERTY  OWNER  IN  EVERY  ASSESSING UNIT IS THE COST OF REPRODUCTION, LESS
 DEPRECIATION OF THAT ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY.
   2. IN  ASCERTAINING  DEPRECIATION  OF  PROPERTY  UNDER  THIS  SECTION,
 CONSIDERATION  MAY  BE  GIVEN  TO  THE  AGE, PHYSICAL CONDITION, AVERAGE
 SERVICE LIVES OF ASSETS AND OTHER RELEVANT FACTORS.
   3. ADJUSTMENTS FOR ECONOMIC OR FUNCTIONAL OBSOLESCENCE SHALL  ONLY  BE
 MADE  UPON  APPLICATION  BY  AN  ENERGY-RELATED PUBLIC UTILITY MASS REAL
 PROPERTY OWNER. EVERY SUCH APPLICATION SHALL BE SUBMITTED WITH THE ANNU-
 AL REPORT REQUIRED BY SECTION FOUR  HUNDRED  NINETY-NINE-DDDDD  OF  THIS
 TITLE.
   §  499-YYYY.  EQUITABLE  RATIO OF ASSESSMENT. THE COMMISSIONER AND ANY
 ASSESSING AUTHORITY SHALL BE PROHIBITED FROM ASSESSING LOCAL  ENERGY-RE-
 LATED  PUBLIC  UTILITY  MASS  REAL PROPERTY AT A VALUE THAT HAS A HIGHER
 RATIO TO THE FULL VALUE OF THE LOCAL ENERGY-RELATED PUBLIC UTILITY  MASS
 REAL PROPERTY THAN THE RATIO OF ASSESSED VALUE OF OTHER REAL PROPERTY IN
 THE  SAME  ASSESSMENT  CLASS  AND  JURISDICTION  TO  ITS  FULL VALUE, AS
 PROVIDED IN SECTION THREE HUNDRED FIVE OF THIS CHAPTER.
   § 499-ZZZZ. EQUALIZATION RATE. IN DETERMINING ASSESSMENT CEILINGS, THE
 COMMISSIONER SHALL APPLY THE  FINAL  STATE  EQUALIZATION  RATE  FOR  THE
 ASSESSMENT  ROLL OF THE LOCAL ASSESSING JURISDICTION FOR WHICH THE CEIL-
 ING IS ESTABLISHED. IF THAT FINAL RATE IS NOT AVAILABLE, THE COMMISSION-
 ER SHALL APPLY THE MOST RECENT FINAL STATE  EQUALIZATION  RATE  FOR  THE
 LOCAL ASSESSING JURISDICTION, EXCEPT THAT IF A SPECIAL EQUALIZATION RATE
 HAS  BEEN ESTABLISHED AS PROVIDED IN TITLE TWO OF ARTICLE TWELVE OF THIS
 CHAPTER, SUCH RATE SHALL BE APPLIED. IN THE CASE OF A SPECIAL  ASSESSING
 UNIT  AS  DEFINED  IN  SECTION EIGHTEEN HUNDRED ONE OF THIS CHAPTER, THE

 S. 5325--A                          5
 
 EQUALIZATION RATE TO BE APPLIED SHALL BE THE APPLICABLE CLASS  EQUALIZA-
 TION RATE.
   §  499-AAAAA.  TENTATIVE  DETERMINATION OF ASSESSMENT CEILING; NOTICE,
 COMPLAINTS AND HEARING. 1. EACH  YEAR  THE  COMMISSIONER  SHALL  MAKE  A
 TENTATIVE  DETERMINATION  OF AN ASSESSMENT CEILING FOR ALL LOCAL ENERGY-
 RELATED PUBLIC UTILITY MASS REAL PROPERTY. THEREAFTER, THE  COMMISSIONER
 SHALL  GIVE NOTICE, IN WRITING OR ELECTRONICALLY, TO EACH ASSESSING UNIT
 AND EACH OWNER OF LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY
 FOR WHICH SUCH TENTATIVE DETERMINATION OF AN  ASSESSMENT  CEILING  SHALL
 HAVE BEEN MADE, SPECIFYING THE AMOUNT OF SUCH CEILING, AND MAKING AVAIL-
 ABLE  FOR  INSPECTION AND COPYING THE COMPUTATIONS USED TO ESTABLISH THE
 TENTATIVE ASSESSMENT CEILING AMOUNT PURSUANT TO THE PUBLIC OFFICERS LAW,
 AND SETTING FORTH THE TIME AND PLACE WHERE THE COMMISSIONER  OR  HIS  OR
 HER  DESIGNEE  WILL MEET TO HEAR ANY COMPLAINT CONCERNING SUCH TENTATIVE
 DETERMINATION.  SUCH NOTICE SHALL BE SENT ELECTRONICALLY AND  SERVED  IN
 WRITING  AT  LEAST  FORTY-FIVE DAYS PRIOR TO THE DATE SPECIFIED FOR SUCH
 HEARING.
   2. A TENTATIVE ASSESSMENT CEILING MAY BE CHALLENGED BEFORE THE COMMIS-
 SIONER AS FOLLOWS:
   (A) AN OWNER OF LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY
 OR THE LOCAL ASSESSING JURISDICTION OBJECTING  TO  A  TENTATIVE  CEILING
 MUST  SERVE  A  COMPLAINT  UPON THE COMMISSIONER, IN WRITING, AND A COPY
 THEREOF UPON THE ASSESSING UNIT OR OWNER OF LOCAL ENERGY-RELATED  PUBLIC
 UTILITY MASS REAL PROPERTY, AS THE CASE MAY BE, AT LEAST TEN DAYS BEFORE
 THE  DATE  SPECIFIED  FOR  THE  HEARING. THE COMPLAINT SHALL SPECIFY THE
 OBJECTIONS TO SUCH TENTATIVE DETERMINATION.  SERVICE MAY BE MADE  EITHER
 IN PERSON OR BY MAIL.
   (B)  ON  OR BEFORE THE DATE SPECIFIED FOR THE HEARING, AN AFFIDAVIT OF
 SERVICE SHALL BE FILED WITH THE COMMISSIONER STATING  THAT  SERVICE  HAS
 BEEN MADE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
   3.  THE COMMISSIONER OR HIS OR HER DESIGNEE SHALL MEET AT THE TIME AND
 PLACE SPECIFIED IN SUCH NOTICE SET FORTH  IN  SUBDIVISION  ONE  OF  THIS
 SECTION TO HEAR COMPLAINTS IN RELATION TO THE TENTATIVE DETERMINATION OF
 THE ASSESSMENT 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.
   §  499-BBBBB.  FINAL DETERMINATION OF ASSESSMENT CEILING; CERTIFICATE.
 1. AFTER THE HEARING PROVIDED IN SECTION FOUR HUNDRED  NINETY-NINE-AAAAA
 OF  THIS  TITLE, THE COMMISSIONER SHALL FINALLY DETERMINE THE ASSESSMENT
 CEILING FOR THE LOCAL ENERGY-RELATED PUBLIC UTILITY MASS  REAL  PROPERTY
 OF  EACH  LOCAL  ENERGY-RELATED  PUBLIC UTILITY MASS REAL PROPERTY OWNER
 SITUATED IN EACH ASSESSING UNIT.
   2. NOTWITHSTANDING THAT A COMPLAINT  MAY  NOT  HAVE  BEEN  FILED  WITH
 RESPECT  TO  A  TENTATIVE  DETERMINATION  OF  AN ASSESSMENT CEILING, THE
 COMMISSIONER SHALL GIVE EFFECT TO ANY SPECIAL EQUALIZATION  RATE  ESTAB-
 LISHED PURSUANT TO SECTION TWELVE HUNDRED TWENTY-FOUR OF THIS CHAPTER OR
 THE  FINAL STATE EQUALIZATION RATE FOR THE ASSESSMENT ROLL FOR WHICH THE
 CEILING IS ESTABLISHED AS PROVIDED IN SECTION FOUR HUNDRED  NINETY-NINE-
 ZZZZ  OF THIS TITLE PRIOR TO THE DATE FOR THE FINAL DETERMINATION OF THE
 ASSESSMENT CEILING.
   3. NO LATER THAN TEN DAYS BEFORE THE LAST DATE PRESCRIBED BY  LAW  FOR
 THE  LEVY  OF  TAXES,  THE COMMISSIONER SHALL FILE A CERTIFICATE SETTING
 FORTH EACH ASSESSMENT 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

 S. 5325--A                          6

 SECTION FOURTEEN HUNDRED TWO OF THIS CHAPTER. THE COMMISSIONER SHALL, AT
 THE  SAME  TIME,  TRANSMIT  TO EACH OWNER OF LOCAL ENERGY-RELATED PUBLIC
 UTILITY MASS REAL PROPERTY FOR WHICH SUCH CEILING HAS BEEN DETERMINED  A
 DUPLICATE COPY OF SUCH CERTIFICATE.
   4. ANY FINAL DETERMINATION OF AN ASSESSMENT CEILING BY THE COMMISSION-
 ER PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL BE SUBJECT TO JUDI-
 CIAL  CHALLENGE  BY AN OWNER OF LOCAL ENERGY-RELATED PUBLIC UTILITY MASS
 REAL PROPERTY OR A LOCAL ASSESSING JURISDICTION IN  A  PROCEEDING  UNDER
 ARTICLE  SEVEN  OF  THIS CHAPTER; PROVIDED HOWEVER, THE TIME TO COMMENCE
 SUCH PROCEEDING SHALL BE WITHIN SIXTY DAYS OF THE ISSUANCE OF THE  FINAL
 ASSESSMENT  CEILING  CERTIFICATE AND ALL QUESTIONS OF FACT AND LAW SHALL
 BE DETERMINED DE NOVO. ANY JUDICIAL PROCEEDING SHALL BE COMMENCED IN THE
 SUPREME COURT IN THE COUNTY OF ALBANY. NOTHING  IN  THIS  SECTION  SHALL
 PRECLUDE  A  CHALLENGE  OF  THE  ASSESSED  VALUE  ESTABLISHED BY A LOCAL
 ASSESSING JURISDICTION WITH RESPECT TO LOCAL ENERGY-RELATED PUBLIC UTIL-
 ITY MASS REAL PROPERTY AS OTHERWISE PROVIDED IN ARTICLE  SEVEN  OF  THIS
 CHAPTER.  IN ANY PROCEEDING CHALLENGING AN ASSESSED VALUE ESTABLISHED BY
 A LOCAL ASSESSING JURISDICTION FOR LOCAL ENERGY-RELATED  PUBLIC  UTILITY
 MASS  REAL  PROPERTY, THE FINAL CERTIFIED ASSESSMENT CEILING ESTABLISHED
 PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL NOT BE  CONSIDERED  BY
 THE COURT.
   §   499-CCCCC.  APPLICATION  OF  ASSESSMENT  CEILING;  COMPUTATION  OF
 EXEMPTION. 1. UPON RECEIPT OF A  CERTIFICATE  SETTING  FORTH  THE  FINAL
 CERTIFIED  ASSESSMENT  CEILING  FOR  LOCAL ENERGY-RELATED PUBLIC UTILITY
 MASS REAL PROPERTY, THE ASSESSOR SHALL COMPARE THE  ASSESSED  VALUATIONS
 ATTRIBUTABLE  TO THE LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROP-
 ERTY FOR EACH OWNER OF LOCAL ENERGY-RELATED  PUBLIC  UTILITY  MASS  REAL
 PROPERTY  INCLUDED  IN  THE ASSESSMENT CEILING.   WHERE THE OWNER OF THE
 LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY REPORTS  INFORMA-
 TION  BY  SPECIFIC  PROPERTY  IDENTIFICATION  TO THE COMMISSIONER OR THE
 LOCAL ASSESSING JURISDICTION HAS IMPLEMENTED A SYSTEM BY THE COMMISSION-
 ER STANDARDIZING THE IDENTITY OF ENERGY-RELATED PUBLIC UTILITY MASS REAL
 PROPERTY ON ASSESSMENT ROLLS, SUCH CERTIFIED ASSESSMENT  CEILINGS  SHALL
 BE  PROVIDED  BY  THE  COMMISSIONER, AS SET FORTH ON THE LOCAL ASSESSING
 JURISDICTION'S ASSESSMENT ROLLS. WHERE THE ASSESSED VALUATION  DOES  NOT
 EXCEED  THE  FINAL  CERTIFIED  ASSESSMENT  CEILING,  AS SET FORTH IN THE
 CERTIFICATE FOR THE LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL  PROP-
 ERTY,  THE  ASSESSOR NEED NOT MAKE ANY ADJUSTMENT IN SUCH ASSESSED VALU-
 ATION. PROVIDED, HOWEVER,  THE  ASSESSED  VALUATION  EXCEEDS  THE  FINAL
 CERTIFIED  ASSESSMENT  CEILING,  AS  SET  FORTH IN THE CERTIFICATE, SUCH
 LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY SHALL  BE  EXEMPT
 FROM TAXATION TO THE EXTENT OF SUCH EXCESS AND THE ASSESSOR SHALL FORTH-
 WITH  REDUCE THE ASSESSMENTS OF SUCH LOCAL ENERGY-RELATED PUBLIC UTILITY
 MASS REAL PROPERTY, SO THAT THE TAXABLE ASSESSED VALUATION OF SUCH PROP-
 ERTY SHALL NOT EXCEED THE CERTIFIED ASSESSMENT CEILING. ALL CERTIFICATES
 OF ASSESSMENT CEILINGS SHALL BE ATTACHED TO THE ASSESSMENT ROLL OR FILED
 THEREWITH AS PROVIDED IN ARTICLE FIFTEEN-C OF THIS CHAPTER.
   2. THE  ASSESSOR  IS  HEREBY  AUTHORIZED  AND  DIRECTED  TO  MAKE  THE
 REDUCTIONS,  IF ANY, PROVIDED FOR IN THIS SECTION ON THE ASSESSMENT ROLL
 OF THE LOCAL ASSESSING JURISDICTION IN WHICH  THE  LOCAL  ENERGY-RELATED
 PUBLIC  UTILITY  MASS REAL PROPERTY IS LOCATED, NOTWITHSTANDING THE FACT
 THAT HE OR SHE MAY RECEIVE THE CERTIFICATE  OF  THE  ASSESSMENT  CEILING
 AFTER  THE  FINAL COMPLETION, VERIFICATION AND FILING OF SUCH ASSESSMENT
 ROLL. OTHER LOCAL OFFICERS, INCLUDING SCHOOL AUTHORITIES, APPLYING  SUCH
 FINAL  ASSESSMENT ROLL, ARE HEREBY AUTHORIZED AND DIRECTED, ON THE BASIS
 OF INFORMATION WHICH SHALL BE PROVIDED BY  THE  ASSESSOR,  TO  MAKE  THE

 S. 5325--A                          7
 
 REDUCTIONS  PROVIDED  FOR  IN THIS SECTION ON THEIR RESPECTIVE TAX ROLLS
 PRIOR TO LEVY OF TAX OR, IF RECEIVED  AFTER  THE  TAX  ROLLS  HAVE  BEEN
 ESTABLISHED,  TO  CORRECT  ANY  TAX  LEVY OF LOCAL ENERGY-RELATED PUBLIC
 UTILITY  MASS  REAL PROPERTY TO REFLECT SUCH REDUCTION. IF THE REDUCTION
 IS MADE AFTER THE TAX LEVY AND PAYMENT OF SAME BY  THE  OWNER  OF  LOCAL
 ENERGY-RELATED  PUBLIC  UTILITY  MASS  REAL PROPERTY, THEN SUCH OWNER OF
 LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY SHALL BE ENTITLED
 TO A REFUND IN ACCORDANCE WITH SECTION SEVEN HUNDRED TWENTY-SIX OF  THIS
 CHAPTER.
   3.  IN  ASSESSING  UNITS  FOR  WHICH  HE  OR SHE IS REQUIRED BY LAW TO
 PREPARE AN ASSESSMENT ROLL, THE ASSESSOR OF A  COUNTY  HAVING  A  COUNTY
 DEPARTMENT  OF  ASSESSMENT  SHALL PERFORM ALL THE ACTS PRESCRIBED FOR AN
 ASSESSOR BY THIS TITLE. WHERE A VILLAGE  HAS  ENACTED  A  LOCAL  LAW  AS
 PROVIDED  IN  SUBDIVISION  THREE OF SECTION FOURTEEN HUNDRED TWO OF THIS
 CHAPTER, THE ASSESSOR OF THE TOWN OR COUNTY WHO PREPARES A COPY OF  THIS
 APPLICABLE  PART  OF  THE TOWN OR COUNTY ASSESSMENT ROLL FOR VILLAGE TAX
 PURPOSES SHALL ALSO PERFORM THE ACTS PRESCRIBED FOR  ASSESSORS  BY  THIS
 TITLE ON BEHALF OF THE VILLAGE.
   §  499-DDDDD. REPORTS TO COMMISSIONER. 1. THE COMMISSIONER MAY REQUIRE
 FROM AN OWNER OF A LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPER-
 TY AN ANNUAL REPORT THAT SHALL INCLUDE SUCH INFORMATION AND DATA THAT IS
 PRESCRIBED IN REGULATION BY  THE  COMMISSIONER  AND  IS  REASONABLE  AND
 NECESSARILY  RELATED TO THE ESTABLISHMENT OF A CEILING ASSESSMENT BY THE
 COMMISSIONER FOR THE LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROP-
 ERTY, AND WHICH SHALL BE IN THE SAME FORMAT AND  SUBSTANCE  AS  REQUIRED
 FOR  SPECIAL FRANCHISE PROPERTY PURSUANT TO ARTICLE SIX OF THIS CHAPTER.
 SUCH REPORTS SHALL BE THE SAME FOR SIMILARLY SITUATED  LOCAL  ENERGY-RE-
 LATED PUBLIC UTILITY MASS REAL PROPERTY OWNERS.
   2.  EVERY REPORT REQUIRED BY OR PURSUANT TO THIS SECTION SHALL BE MADE
 BY A PERSON AUTHORIZED TO PREPARE SUCH REPORTS AND HAVING  KNOWLEDGE  OF
 THE  CONTENTS  THEREOF, OR WHO IS AUTHORIZED TO OBTAIN SUCH INFORMATION.
 THE COMMISSIONER MAY PREPARE AND REQUIRE THE USE  OF  FORMS  FOR  MAKING
 SUCH REPORTS.
   3. ANY OWNER OF LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY
 FAILING  TO  FILE  THE ANNUAL REPORT PURSUANT TO THIS SECTION WITHIN THE
 TIME SPECIFIED BY THE COMMISSIONER SHALL NOT  BE  ENTITLED  TO  JUDICIAL
 REVIEW OF AN ASSESSMENT CEILING THAT WOULD HAVE BEEN THE SUBJECT OF SUCH
 REPORT  AS  PROVIDED IN THIS TITLE AND SHALL BE SUBJECT TO A FINE OF ONE
 HUNDRED DOLLARS FOR EACH DAY UNTIL SUCH REPORT IS  FILED  IN  ACCORDANCE
 WITH  THIS SECTION; PROVIDED, HOWEVER, SUCH FINE SHALL NOT BE APPLIED AS
 A TAX LIEN; AND PROVIDED, FURTHER, SUCH OWNER  OF  LOCAL  ENERGY-RELATED
 PUBLIC UTILITY MASS REAL PROPERTY SHALL NOT BE SUBJECT TO ANY OTHER FINE
 OR PENALTY FOR A VIOLATION OF THIS SECTION.
   4. IN ADDITION TO THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION,
 IF  AN  OWNER  OF LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY
 FAILS TO FURNISH A REPORT REQUIRED BY THIS SECTION WITHIN  THE  REQUIRED
 TIMEFRAME, THE COMMISSIONER MAY COMMENCE A SPECIAL PROCEEDING IN SUPREME
 COURT TO COMPEL SUCH OWNER TO FURNISH SUCH REPORT.
   5.  IF AN OWNER OF LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROP-
 ERTY FAILS TO SUBMIT AN ANNUAL REPORT AS REQUIRED BY THIS  SECTION,  THE
 ASSESSMENT  CEILING  ON  THE NEXT ANNUAL ASSESSMENT ROLL SHALL BE CALCU-
 LATED USING THE BEST INFORMATION AVAILABLE TO THE COMMISSIONER.
   6. IF AN OWNER OF LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL  PROP-
 ERTY MAKES REASONABLE EFFORTS TO FILE AN ANNUAL REPORT, SUCH OWNER SHALL
 NOT BE SUBJECT TO ANY CHARGE OR FINE PURSUANT TO THIS SECTION.

 S. 5325--A                          8
 
   §  499-EEEEE. INSPECTION OF ACCOUNTS AND PROPERTY OF PUBLIC UTILITIES.
 1. THE COMMISSIONER SHALL, UPON REASONABLE PRIOR NOTICE, HAVE ACCESS  AT
 REASONABLE TIMES TO REASONABLE DISCLOSURE OF ACCOUNTS AND RECORDS ESTAB-
 LISHED AND MAINTAINED BY A LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL
 PROPERTY  OWNER RELATING TO ITS LOCAL ENERGY-RELATED PUBLIC UTILITY MASS
 REAL PROPERTY.
   2. THE COMMISSIONER SHALL, AT REASONABLE TIMES IN THE NORMAL  BUSINESS
 OPERATIONS OF THE LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY
 OWNER,  AND WITH PRIOR NOTICE AND APPOINTMENT, AND NOT OTHERWISE LIMITED
 BY FEDERAL LAW OR REGULATIONS, HAVE ACCESS TO  INSPECT  LOCATIONS  WHERE
 THE LOCAL ENERGY-RELATED PUBLIC UTILITY MASS REAL PROPERTY IS SITUATED.
   §  4.  (a)  Within  three  years of the effective date of this act and
 biennially thereafter, the commissioner  of  taxation  and  finance,  in
 consultation  with  owners  of  energy-related  public utility mass real
 property, shall examine and evaluate whether energy-related public util-
 ity mass real property continues to constitute  a  "specialty"  and,  if
 not,  such commissioner shall examine and evaluate alternative valuation
 methodologies to the reproduction cost less depreciation methodology  to
 compute the value of local energy-related public utility mass real prop-
 erty,  including,  but not limited to, the three valuation methodologies
 (income, sales comparison and cost approaches), with  reconciliation  in
 accordance  with  nationally  recognized professional appraisal practice
 standards.
   (b) The commissioner of taxation  and  finance  shall  report  to  the
 governor,  the  temporary president of the senate and the speaker of the
 assembly his or her findings and recommendations, including  any  amend-
 ment of statute or regulation, related to the examination and evaluation
 pursuant  to  subdivision  (a)  of  this section, no later than December
 thirty-first of the second year of such biennial period.
   § 5. This act shall take effect on January 1, 2021 and shall apply  to
 assessment  rolls  with  taxable  status dates occurring on or after the
 year 2024; provided, however, that the amendments to  paragraph  (a)  of
 subdivision  2  of  section  200-a  of the real property tax law made by
 section one of this act shall not affect the expiration and reversion of
 such section pursuant to section 4 of chapter 475 of the laws  of  2013,
 when upon such date the provisions of section two of this act shall take
 effect.