§ 546 — State aid; loss of certain public utility property

§ 546. State aid; loss of certain public utility property. 1. State\naid shall be payable to any tax district, as defined in subdivision\nseven of this section, when on any assessment roll the taxable assessed\nvaluation in such district is decreased in any year by an amount equal\nto or in excess of ten percent of the total taxable assessed valuation\non the latest preceding assessment roll because of the removal from such\nassessment roll of taxable real property of a public utility company, as\ndefined in section two of the public service law, as a direct or\nindirect consequence of the surrender of any license, franchise, permit\nor authorization of such utility company where the undertaking or\nentering into of any project, operation, activity or contract actually\nundertaken or entered into by the state or any state agency or any\nauthority or commission created or continued under the public\nauthorities law is by any law or regulation of this state or of the\nUnited States specifically conditioned upon such surrender.\n 2. The state aid payable to a tax district in the first year in which\nthere is a decrease in taxable assessed valuation as a result of the\nremoval from the assessment roll described in subdivision one of this\nsection shall be equal to eighty per cent of the total amount of taxes\nwhich would have been levied on the assessed valuation so removed at the\ntax rate for the year preceding such removal, from which state aid shall\nbe subtracted an amount equal to the amount of taxes which would have\nbeen levied at the tax rate for the preceding year on the excess of (i)\nthe total taxable assessed valuation of the new property assessed on the\nassessment roll on which the decrease in assessed valuation occurs over\n(ii) one percent of the total assessed valuation of taxable property on\nthe latest preceding assessment roll. In the next three succeeding years\nstate aid payable to such tax district shall be equal to sixty per cent,\nforty per cent and twenty per cent, respectively, of the total amount of\ntaxes which would have been levied on the assessed valuation removed as\ndescribed in subdivision one of this section at the tax rate for the\nyear preceding such removal from which state aid shall be subtracted an\namount equal to the amount of taxes which would have been levied at the\ntax rate for the latest preceding year on the excess of (i) the total\ntaxable assessed valuation of the new property assessed on the\nassessment roll on which taxes are levied for the fiscal year in which\nthe aid is payable over (ii) one percent of the total assessed valuation\nof taxable property on the assessment roll preceding the removal from\nthe assessment roll described in subdivision one of this section\nmultiplied by the number of fiscal years for which the tax district has\nreceived state aid under this section including the then current year.\n 3. In the case of a school district, the state aid payable under this\nsection shall be reduced by an amount equal to the amount of additional\nstate aid which is payable to such school district under any other laws\ndirectly or indirectly as a result of the decrease in full valuation\ncaused by the removal from the assessment roll described in subdivision\none of this section.\n 4. In making computations and determinations pursuant to this section,\nthere shall be taken into account increases or decreases in the level of\nassessment.\n 5. The chief fiscal officer of a tax district which qualifies for\nstate aid pursuant to this section shall make application therefor to\nthe commissioner. The application shall be made on a form prescribed by\nsuch commissioner and shall contain such information as the commissioner\nshall require. Upon approval of the application therefor by the\ncommissioner, such state aid shall be paid upon audit and warrant by the\nstate comptroller.\n 6. The term "new property" as used in this section shall mean the real\nproperty which was assessed as taxable on the assessment roll used for\nthe levy of taxes for a fiscal year for which state aid is payable under\nthis section and which was not assessed as taxable real property on the\nassessment roll of the tax district next preceding the assessment roll\naffected by the removal from the assessment roll described in\nsubdivision one of this section.\n 7. The term "tax district" shall mean a county, a city and a city\nschool district located in a city qualifying for state aid under the\nprovisions of this section.\n 8. Notwithstanding the foregoing subdivisions of this section, state\naid shall be payable as hereinafter provided to any school district\nlocated wholly or partly within a city of less than one hundred\ntwenty-five thousand population, where on any assessment roll prepared\nprior to the effective date of this subdivision the taxable assessed\nvaluation in such district has been decreased by an amount equal to or\nin excess of eight percent of the total taxable assessed valuation on\nthe assessment roll next preceding such roll because of the removal of\ntaxable real property of a public utility company, as defined in section\ntwo of the public service law, as a direct or indirect consequence of\nthe acquisition of such property by the state or an agency of the state\nor of the surrender of any license, franchise, permit or authorization\nof such utility company where the undertaking or entering into of any\nproject, operation, activity or contract actually undertaken or entered\ninto by the state or any state agency or any authority or commission\ncreated or continued under the public authorities law is by any law or\nregulation of this state or of the United States specifically\nconditioned upon such surrender. Such state aid shall be payable on\napplication of the chief fiscal officer of such school district in the\nsecond, third, fourth and fifth school fiscal years following the last\nfiscal year for which a transition assessment was established pursuant\nto section five hundred forty-five of the real property tax law. The\namount of such state aid payable in each of such years shall be forty\npercent of the amount of state aid paid in the first year of eligibility\nto such school district under the provisions of section five hundred\nforty-five of the real property tax law. Upon approval of the\napplication by the commissioner the commissioner shall certify to the\nstate comptroller the amount of payment computed pursuant to the\nprovisions of this subdivision and such amounts shall be paid upon audit\nand warrant by the state comptroller out of moneys appropriated by the\nlegislature for the payment of taxes on state-owned lands.\n * 9. Notwithstanding the foregoing subdivisions of this section, state\naid shall be payable as hereinafter provided to a city of less than one\nhundred twenty-five thousand population, where on any assessment roll\nprepared prior to the effective date of this subdivision the taxable\nassessed valuation in such city has been decreased by an amount equal to\nor in excess of eight percent of the total taxable assessed valuation on\nthe assessment roll next preceding such roll because of the removal of\ntaxable real property of a public utility company, as defined in section\ntwo of the public service law, as a direct or indirect consequence of\nthe acquisition of such property by the state or an agency of the state\nor of the surrender of any license, franchise, permit or authorization\nof such utility company where the undertaking or entering into of any\nproject, operation, activity or contract actually undertaken or entered\ninto by the state or any state agency or any authority or commission\ncreated or continued under the public authorities law is by any law or\nregulation of this state or of the United States specifically\nconditioned upon such surrender. Such state aid shall be payable on\napplication of the chief fiscal officer of such city in the fourth and\nfifth city fiscal years following the last fiscal year for which a\ntransition assessment was established pursuant to section five hundred\nforty-five of the real property tax law. The amount of such state aid\npayable in each of such years shall be forty percent of the amount of\nstate aid paid in the first year of eligibility to such city under the\nprovisions of section five hundred forty-five of the real property tax\nlaw. Upon approval of the application by the commissioner the\ncommissioner shall certify to the state comptroller the amount of\npayment computed pursuant to the provisions of this subdivision and such\namounts shall be paid upon audit and warrant by the state comptroller\nout of moneys appropriated by the legislature for the payment of taxes\non state-owned lands.\n * NB (Applicable only to city fiscal years commencing 1/1/72 and\n1/1/73)\n