§ 433. Service enhancement plans. 1. Every railroad seeking to
participate in the program shall annually by the first of February
submit a list of potential service enhancement program elements to the
department. The department shall review these program elements for
consistency with the legislative intent and program objectives stated in
sections four hundred thirty and four hundred thirty-one of this article
and shall provide its comments to each railroad by the first of March of
each year.

2. (a) Every railroad seeking to participate in the program shall
annually by the first of April of each year submit to the department a
plan which shall:

(i) describe the nature of the railroad's intended service enhancement
for the current calendar year as appropriate to railroad size and
railroad ceiling exemption or economic factor;

(ii) describe the level of tax abatement as computed by the
commissioner of taxation and finance pursuant to either subdivision (c)
of section four hundred eighty-nine-j or subdivision (c) of section four
hundred eighty-nine-hh of the real property tax law;

(iii) present the railroad's statement of goals, where possible;

(iv) provide detail on the railroad's proposed service enhancement
plan;

(v) present a general outline of multiple year projects to be
undertaken during the term of the program, as appropriate; and

(vi) note any proposed changes to the previous year's plan.

(b) Other railroads with exemption factors equal to eighty-five
percent may state to what general purposes they intend to apply the
additional tax abatement in lieu of the provisions of subdivision three
of this section.

3. The filing of such plan, containing such information as may be
required, shall constitute participation in the service enhancement
program.

4. Immediately upon receipt of such plan, the department shall certify
to the commissioner of taxation and finance participation in the service
enhancement program by the railroad submitting such plan.