§ 1903-a. Optional homestead and non-homestead tax rates in eligible
split tax districts. 1. Notice of intent. (a) The governing body of an
eligible split tax district which intends to establish homestead and
non-homestead tax rates shall file a notice of intent to establish
homestead and non-homestead tax rates with each assessor who prepares an
assessment roll used in whole or in part for the levy of taxes by such
tax district. The notice shall be filed with each assessor on or before
the taxable status date of the first assessment roll to which homestead
and non-homestead tax rates may apply. A copy of the notice of intent
shall also be filed with the county director of real property tax
services.

(b) The governing body of a school district or village which expects
one or more cities or towns within the school district or village to
adopt local laws pursuant to section nineteen hundred three of this
article and thereby render the school district or village an eligible
split tax district and which intends to establish homestead and
non-homestead tax rates is authorized to and shall file the notice of
intent required by paragraph (a) of this subdivision.

(c) The governing body of an eligible split tax district which has
filed a notice of intent pursuant to this subdivision and which does not
intend to establish homestead and non-homestead tax rates may cancel
such notice of intent, provided that such cancellation shall not
prohibit a subsequent filing of the notice of intent. A copy of such
cancellation shall be filed with the appropriate assessors and county
director of real property tax services.

2. Classification of assessment rolls; assessor certification. Upon
receiving notice pursuant to subdivision one of this section, each
assessor who prepares an assessment roll used in whole or in part for
the levy of the taxes by such eligible split tax district shall classify
in either the homestead or non-homestead class each property listed on
such roll or on the part thereof applicable to such tax district. Such
classification of individual properties shall be subject to
administrative and judicial review pursuant to title one-A of article
five and title one of article seven of this chapter. Upon completion and
filing of a final assessment roll classified pursuant to this
subdivision, the assessor shall certify to the authorities of the tax
district the total assessed value and total taxable assessed value of
the real property subject to taxation for purposes of the tax district
in the homestead and non-homestead class, respectively, as determined
from such assessment roll or part thereof applicable to the tax
district. The classification and certification requirements of this
subdivision shall apply until the governing body of an eligible split
tax district either cancels the notice of intent to establish homestead
and non-homestead tax rates pursuant to subdivision one of this section
or rescinds a resolution adopting the provisions of this section
pursuant to subdivision five of this section.

3. Adoption. The governing body of an eligible split tax district
which has filed a notice of intent pursuant to subdivision one of this
section may adopt the provisions of this section by resolution,
following a public hearing, at any time prior to the levy of the
district's taxes. Prior notice of such hearing shall be published at
least once in a newspaper having general circulation in the tax district
and shall be provided to the governing body of each city and town
located wholly or partially within the tax district. Adoption of such
resolution shall require use of homestead and non-homestead tax rates
calculated pursuant to subdivision four of this section for all
subsequent tax levies until such resolution is rescinded as provided in
subdivision five of this section. A copy of such resolution shall be
filed with the body, officer or employee that computes the tax rates and
the county director of real property tax services.

4. Calculation of tax rates. (a) Equalization by class. The tax
authorities shall determine for the homestead and non-homestead classes,
respectively, the total full valuation and total taxable full valuation
of the real property subject to taxation for district purposes in each
city or town or part thereof included within the tax district. The total
full valuation of a class in a city or town or part thereof shall be
computed by dividing the total assessed value of the property in the
class by the state equalization rate or special equalization rate
prescribed in section thirteen hundred fourteen of this chapter. The
total taxable full valuation of a class in a city or town or part
thereof shall be computed by dividing the total taxable assessed value
of the property in the class by the state equalization rate or special
equalization rate prescribed in section thirteen hundred fourteen of
this chapter.

(b) Aggregate tax district homestead and non-homestead proportions.
The governing body of the tax district shall establish by annual
resolution an aggregate tax district homestead proportion and an
aggregate tax district non-homestead proportion. The aggregate tax
district homestead proportion shall be computed by dividing the
aggregate taxable full valuation of the real property in the homestead
class in the tax district as a whole by the aggregate taxable full
valuation of the real property in both the homestead and non-homestead
classes in the tax district as a whole. The aggregate tax district
non-homestead proportion shall be computed by subtracting the aggregate
tax district homestead proportion from the whole number one.

(c) Aggregate homestead and non-homestead tax shares. The governing
body of the tax district shall determine by annual resolution the
percentage of the tax levy to be allocated to each class in the tax
district as a whole by establishing an aggregate homestead tax share and
an aggregate non-homestead tax share. The aggregate homestead tax share
shall be no less than seventy-five percent and no more than one hundred
percent of the aggregate tax district homestead proportion, subject to
the following constraints:

(i) the aggregate non-homestead tax share shall not exceed one hundred
twenty-five percent of the aggregate tax district non-homestead
proportion;

(ii) where more than fifty-seven and one-half percent of the aggregate
taxable full valuation of the real property in the non-homestead class
in the eligible split tax district which is a school district as a whole
is attributable to non-homestead real property located in one or more
city or town approved assessing units which have in effect a local law
adopted pursuant to section nineteen hundred three of this article, the
aggregate non-homestead tax share shall not exceed the non-homestead
base proportion, adjusted non-homestead base proportion or locally
adjusted non-homestead proportion certified pursuant to subdivision
seven of such section nineteen hundred three or where the eligible split
tax district which is a school district is located in more than one such
city or town, an average of such proportions weighted by the total
taxable full valuation of the non-homestead class in each such city or
town or part thereof within the eligible split tax district which is a
school district; and

(iii) the sum of the aggregate homestead and non-homestead tax shares
shall equal one hundred percent.
The governing body of the tax district shall certify the aggregate
homestead and non-homestead tax shares to the body, officer or employee
that computes the tax district's tax rates.

(d) Apportionment by class. The body, officer or employee that
computes the tax district's tax rates shall allocate to the homestead
and non-homestead classes in the tax district as a whole, respectively,
a share of the amount to be raised equal to the applicable aggregate
homestead or non-homestead tax share. The amount to be raised from each
such class in the tax district as a whole shall then be apportioned
separately among the cities or towns or parts thereof in which the tax
district is located in proportion to the percentage that the total full
valuation of the class in each such city or town or part thereof bears
to the aggregate total full valuation of the class in the tax district
as a whole. The amount so apportioned to each class in each city or town
shall be the amount to be raised from that class in that city or town.

(e) Class tax rates. The body, officer or employee that computes the
tax district's tax rates shall compute a tax rate for the homestead
class and a separate tax rate for the non-homestead class for each city
or town or part thereof in which the tax district is located. The tax
rate for a class in a city or town or part thereof shall be computed by
dividing the amount to be raised from the class in that city or town by
the total taxable assessed value of the real property in the class in
that city or town or part thereof as entered on the final assessment
roll used for the levy of the tax district's taxes.

(f) Correction and review. The equalization and apportionment required
by this subdivision shall be subject to correction and review to the
extent practicable as provided in section thirteen hundred fourteen of
this chapter.

5. Rescission. The governing body of the tax district may rescind a
resolution adopting the provisions of this section, without a public
hearing, at any time prior to the levy of taxes for the fiscal year to
which such resolution is applicable. A copy of such resolution shall be
filed with the body, officer or employee that computes the tax
district's tax rates, each assessor who prepares an assessment roll used
in whole or in part for the levy of the tax district's taxes and the
county director of real property tax services.

6. Expiration. A notice of intent shall expire if the governing body
fails to adopt the provisions of this section within one year after
filing the notice of intent. Upon the expiration of a notice of intent,
the classification requirements of this section shall cease to be
applicable, but may be reinstated by the filing of a new notice of
intent.