Section 1227. Rates for apportionment purposes; full value adjustments  


Latest version.
  • 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.