2006 New York Code - Rates For Apportionment Purposes; Full Value Adjustments.

 
    §  1227.  Rates for apportionment purposes; full value adjustments. 1.
  If a nuclear powered electric generating facility, as defined by section
  four hundred eighty-five of this chapter, is exempt  from  taxation  for
  all  purposes  pursuant  to  section  four  hundred  eighty-five of this
  chapter, the facility shall be deemed to be wholly exempt real  property
  for  purposes  of this article. If such a facility is not exempt for all
  purposes, it shall be deemed to be taxable real property for purposes of
  this article.
    2. (a) When a nuclear powered electric generating facility  is  exempt
  from  taxation  for  school  district  purposes pursuant to section four
  hundred eighty-five of this chapter,  but  it  is  not  exempt  for  all
  purposes,  the  state board shall establish a special apportionment rate
  for the assessing unit containing the facility, which rate shall be used
  for purposes of apportioning school district  taxes  to  that  assessing
  unit  pursuant  to  section  thirteen  hundred fourteen of this chapter,
  subject  to  the  provisions  of  paragraph  (b)  of  this  subdivision.
  Provided,  however,  that  no  such  rate shall be established unless it
  would result in a change of two percent or more  in  the  share  of  the
  school  district levy allocated to at least one school district segment,
  or where applicable  in  the  share  of  the  non-homestead  class  levy
  allocated to at least one portion.
    (b)  When  there  is  another  such  facility  located within the same
  assessing unit but within a different school district, and such facility
  is not exempt from taxation for purposes of that  school  district,  the
  state  board  may  establish  a different special apportionment rate for
  purposes of apportioning the  taxes  of  the  school  district  to  that
  assessing unit.
    3.  When a nuclear powered electric generating facility is exempt from
  taxation  for  county  purposes  pursuant  to   section   four   hundred
  eighty-five  of this chapter, but it is not exempt for all purposes, the
  state board  shall  establish  a  special  apportionment  rate  for  the
  assessing  unit  containing  the  facility  for purposes of establishing
  county equalization rates pursuant to title two of article eight of this
  chapter. Provided, however, no such rate shall be established unless  it
  would  result  in  a  change  of two percent or more in the share of the
  county levy allocated to any city or town within the  county,  or  where
  applicable,  in  the  share of the non-homestead class levy allocated to
  any portion.
    4. When the state board has established a special  apportionment  rate
  pursuant  to  this  section,  the affected county or school district may
  request a full value adjustment from the state board. Any  such  request
  must  be  submitted no later than thirty days prior to the last date set
  by law for the first tax levy involving such rate. Where such a  request
  is  granted,  the  state  board  shall  issue  a  series  of  full value
  adjustments over a five-year period, which  shall  have  the  effect  of
  phasing in over that period the impact of the special apportionment rate
  upon the tax levy.