This text of New York § 1227 (Rates for apportionment purposes; full value adjustments) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 1227. Rates for apportionment purposes; full value adjustments. 1.\nIf a nuclear powered electric generating facility, as defined by section\nfour hundred eighty-five of this chapter, is exempt from taxation for\nall purposes pursuant to section four hundred eighty-five of this\nchapter, the facility shall be deemed to be wholly exempt real property\nfor purposes of this article. If such a facility is not exempt for all\npurposes, it shall be deemed to be taxable real property for purposes of\nthis article.\n 2.
(a)When a nuclear powered electric generating facility is exempt\nfrom taxation for school district purposes pursuant to section four\nhundred eighty-five of this chapter, but it is not exempt for all\npurposes, the commissioner shall establish a special apportionment rate\nf
Free access — add to your briefcase to read the full text and ask questions with AI
§ 1227. Rates for apportionment purposes; full value adjustments. 1.\nIf a nuclear powered electric generating facility, as defined by section\nfour hundred eighty-five of this chapter, is exempt from taxation for\nall purposes pursuant to section four hundred eighty-five of this\nchapter, the facility shall be deemed to be wholly exempt real property\nfor purposes of this article. If such a facility is not exempt for all\npurposes, it shall be deemed to be taxable real property for purposes of\nthis article.\n 2. (a) When a nuclear powered electric generating facility is exempt\nfrom taxation for school district purposes pursuant to section four\nhundred eighty-five of this chapter, but it is not exempt for all\npurposes, the commissioner shall establish a special apportionment rate\nfor the assessing unit containing the facility, which rate shall be used\nfor purposes of apportioning school district taxes to that assessing\nunit pursuant to section thirteen hundred fourteen of this chapter,\nsubject to the provisions of paragraph (b) of this subdivision.\nProvided, however, that no such rate shall be established unless it\nwould result in a change of two percent or more in the share of the\nschool district levy allocated to at least one school district segment,\nor where applicable in the share of the non-homestead class levy\nallocated to at least one portion.\n (b) When there is another such facility located within the same\nassessing unit but within a different school district, and such facility\nis not exempt from taxation for purposes of that school district, the\ncommissioner may establish a different special apportionment rate for\npurposes of apportioning the taxes of the school district to that\nassessing unit.\n 3. When a nuclear powered electric generating facility is exempt from\ntaxation for county purposes pursuant to section four hundred\neighty-five of this chapter, but it is not exempt for all purposes, the\ncommissioner shall establish a special apportionment rate for the\nassessing unit containing the facility for purposes of establishing\ncounty equalization rates pursuant to title two of article eight of this\nchapter. Provided, however, no such rate shall be established unless it\nwould result in a change of two percent or more in the share of the\ncounty levy allocated to any city or town within the county, or where\napplicable, in the share of the non-homestead class levy allocated to\nany portion.\n 4. When the commissioner has established a special apportionment rate\npursuant to this section, the affected county or school district may\nrequest a full value adjustment from the commissioner. Any such request\nmust be submitted no later than thirty days prior to the last date set\nby law for the first tax levy involving such rate. Where such a request\nis granted, the commissioner shall issue a series of full value\nadjustments over a five-year period, which shall have the effect of\nphasing in over that period the impact of the special apportionment rate\nupon the tax levy.\n