N.Y. Real Property Tax Law Section 485
Nuclear powered electric generating facilities


1.

Nuclear powered electric generating facilities shall be exempt from taxation, special ad valorem levies and special assessments to the extent provided in § 490 (Exemption from special ad valorem levies and special assessments)section four hundred ninety of this article upon the adoption of a local law granting such exemption by the legislative body of the county, city, town or village in which such a facility is located or by resolution following a public hearing of the governing body of the school district in which such facility or facilities are located, provided the taxing district may only exempt the facility from real property taxes imposed by the taxing district granting the exemption. The local law or resolution shall state the date on which such exemption shall commence. A copy of such local law or resolution shall be filed no later than thirty days after the adoption thereof with the clerk of each municipal corporation in which the facility is located and with the commissioner. For purposes of this section, nuclear powered electric generating facility shall mean a facility that generates or formerly generated electricity using nuclear power for sale, directly or indirectly, to the public, including the land upon which the facility is located, any equipment used in such generation, and equipment leading from the facility to the interconnection with the electric transmission system, but shall not include any equipment in the electric transmission system.

2.

(a) If a taxing district and an owner of a nuclear powered electric generating facility have not signed an agreement for payments in lieu of taxes by the date specified in the resolution or local law, or if an owner and a taxing district agree to cancel such an agreement, or if such an agreement does not apply to an assessment roll upon which a facility is wholly exempt from taxation pursuant to this section, the owner of such facility shall be obliged to make payments in lieu of taxes in the base amount, or in the base amount as adjusted pursuant to the provisions of paragraph (c) of this subdivision.

(b)

The base amount shall be the taxes levied against the facility on the last assessment roll on which the facility was assessed as taxable real property, or in the case of a special district, the special ad valorem levies or special assessments levied against or charged to the facility on that assessment roll. However, if no taxes or special ad valorem levies were or will be levied against the facility within one year of the effective date of the local law or resolution authorizing the exemption, the base amount shall be the taxes or special ad valorem levies that would have been levied against the facility on the assessment roll based on the first taxable status date occurring on or before the effective date of the local law or resolution, assuming that the facility had been taxable on that assessment roll, and that the applicable tax rate had been determined accordingly. For purposes of this section, the assessment roll which is used to determine the base amount pursuant to this paragraph shall be referred to as the “base assessment roll.” (c) The base amount for payments on the current assessment roll shall be adjusted as follows:

(i)

by the percentage change between the assessment of the facility on the current roll and on the base assessment roll, adjusted for any change in level of assessment as defined in § 1200 (Studies for establishing state equalization rates)section twelve hundred of this chapter;

(ii)

in the case of a municipal corporation, by the percentage change between the total amount of taxes levied against all taxable real property on the current roll and on the base assessment roll by that municipal corporation;

(iii)

in the case of a special district, by the percentage change between the total amount of special ad valorem levies and special assessments imposed against all taxable real property on the current roll and on the base assessment roll by that special district; and

(iv)

if the municipal corporation also contains a nuclear powered electric generating facility which had been wholly exempt from taxation on the base assessment roll pursuant to Public Authorities Law § 1012 (Exemption from taxation)section one thousand twelve of the public authorities law but which is no longer eligible for that exemption due to a change in ownership, the base amount shall be adjusted to reflect the fact that the formerly exempt facility is now either subject to taxation or liable to make payments in lieu of taxes pursuant to this section, as the case may be.

(d)

In the event the facility was not taxable on a prior assessment roll, and no exemption is then in effect, the assessor of each assessing unit in which the facility is located is hereby authorized to immediately subject the facility to taxation in the manner prescribed by § 520 (Assessment and taxation of exempt property upon transfer of title)section five hundred twenty of this chapter.

(e)

For assessment rolls with taxable status dates on or after January first, two thousand thirty-one, or such earlier year as may be specified in the local law or resolution authorizing the exemption, the exemption provided by this section shall no longer apply and any agreement for payments in lieu of taxes for any facility theretofore exempt pursuant to this section shall no longer be in effect. Upon the request of the assessor of an assessing unit containing a nuclear powered electric generating facility, the commissioner shall provide an advisory appraisal of such facility for use on the municipal assessment roll with a taxable status date on or after January first, two thousand thirty-one.

(f)

Nothing herein shall be deemed to prevent the owner of a nuclear powered electric generating facility from seeking judicial review of an assessment pursuant to article 7 (Judicial Review)article seven of this chapter. Any determination of the proper assessment of a facility as a result of such a proceeding shall be reflected in any payment in lieu of taxes including the refund of such payments, as provided in the judgment and order of the court.

3.

The owner of a nuclear powered electric generating facility shall enter into an agreement with each taxing district which grants the facility the exemption providing for payments in lieu of taxes to be made for no longer than the period during which the facility is exempt pursuant to this section. Any such agreement must be filed with the commissioner and the clerk of each municipal corporation in which the facility is located within thirty days of being executed. Nothing herein shall be deemed to invalidate any existing agreement for payments in lieu of taxes.

4.

Any agreement for payments in lieu of taxes pursuant to this section may be negotiated at any time. Before an agreement for payments in lieu of taxes is executed by a taxing district, such taxing district must hold a public hearing on the proposed agreement.

5.

Any payments in lieu of taxes to be made to a taxing district under this section shall be credited to the amount to be raised in taxes before determining the tax rates for each taxing district.

6.

When a school district receives payments in lieu of taxes from a nuclear powered electric generating facility, any actual valuation computed for such school district pursuant to paragraph c of subdivision one of Education Law § 3602 (Apportionment of public moneys to school districts employing eight or more teachers)section thirty-six hundred two of the education law shall include the actual valuation equivalent of those payments. The commissioner shall determine such actual valuation equivalent by dividing the payment made, as reported to such commissioner by the commissioner of education, by the school tax rate that was applied to real property on that year’s assessment roll or, if applicable, the special apportionment rate determined pursuant to § 1227 (Rates for apportionment purposes)section twelve hundred twenty-seven of this chapter and dividing such result by the final state equalization rate for that roll. The actual valuation equivalent shall be reported to the state comptroller and the commissioner of education, and shall be used by the commissioner of education in the determination of any state average that uses real property taxes levied against and/or actual valuation based upon the corresponding assessment roll. Each school district receiving payments in lieu of taxes for nuclear powered electric generating facilities shall annually report those payments to the commissioner of education, with a copy to the commissioner, as a condition to receiving any aid pursuant to Education Law § 3602 (Apportionment of public moneys to school districts employing eight or more teachers)section thirty-six hundred two of the education law.

7.

Payments in lieu of taxes made pursuant to this section are not taxes and shall not be apportioned to any part of a taxing district in the apportionment of taxes.

8.

Facilities exempt from taxation pursuant to subdivision one of this section shall not be deemed taxable real property for purposes of any equalization rate, product, study or survey conducted or established pursuant to article 12 (State Equalization)article twelve of this chapter or any other provision of law.

9.

Any payments in lieu of taxes made pursuant to this section shall be paid prior to the expiration of the warrant for collection of the taxes in lieu of which such payments are to be made and of the interest-free period prescribed by law, and the agreement shall so provide. If payments are not made within such period, they shall be subject to the same interest and penalties as unpaid taxes. If the payments remain unpaid, the official to whom the payments are to be made shall present a statement to that effect to the appropriate tax levying body on or before a date specified by such body for that purpose. Such body shall levy against the facility the amount contained in such statement, together with all applicable interest and penalties, at the same time and in the same manner as taxes. The amounts so levied shall be collected and enforced in the same manner and at the same time as may be provided by law for the collection and enforcement of taxes, notwithstanding the fact that the facility is otherwise wholly exempt from taxation.

10.

When restrictions have been imposed upon changing future assessments of a facility pursuant to the provisions of either § 727 (Prohibition against change in assessment following litigation)section seven hundred twenty-seven of this chapter or a formal agreement between the parties, and the facility becomes exempt pursuant to this section, such restrictions shall apply to future assessments of the facility to the same extent as if it had not become exempt pursuant to this section.

11.

The provisions of this section shall not be applicable in a special assessing unit.

Source: Section 485 — Nuclear powered electric generating facilities, https://www.­nysenate.­gov/legislation/laws/RPT/485 (updated Jan. 8, 2021; accessed Jul. 13, 2024).

420‑A
Nonprofit organizations
420‑B
Nonprofit organizations
420‑C
Exemption from local real property taxation of certain low income housing accommodations in a city having a population of one million or ...
421‑A
Affordable New York Housing Program
421‑B
Exemption of certain private dwellings, multiple dwellings and improvements from local taxation
421‑C
Exemption of certain new multiple dwellings from local taxation
421‑D
Exemption of multiple dwellings financed by the New York state housing finance agency from local taxation
421‑E
Exemption of cooperative, condominium, homesteading and rental projects from local taxation
421‑F
Exemption of capital improvements to residential buildings and certain new construction
421‑FF
Exemption of capital improvements to residential buildings in cities with a population between twenty-seven thousand five hundred and twe...
421‑G
Exemption from local taxation of certain multiple dwellings
421‑H
Exemption of capital improvements to multiple dwelling buildings within certain cities
421‑H*2
Exemption of capital improvements to residential buildings
421‑I
Exemption of capital improvements to multiple dwelling buildings within certain cities
421‑I*2
Exemption of capital improvements to multiple dwelling buildings within certain cities
421‑J
Exemption of capital investment in multiple dwelling buildings within certain cities
421‑J*2
Exemption of capital improvements to multiple dwelling buildings within certain cities
421‑K
Exemption of certain multiple dwellings
421‑L
Exemption of capital improvements to residential buildings in certain towns
421‑M
Exemption of certain new or substantially rehabilitated multiple dwellings from local taxation
421‑N
Exemption of capital improvements to multiple dwelling buildings within certain cities
421‑O
Exemption of capital improvements to multiple dwelling buildings within certain cities
421‑O*2
Exemption of capital improvements to multiple dwelling buildings within certain cities
421‑P
Exemption of newly-constructed or converted rental multiple dwellings
421‑P*2
Exemption of capital improvements to residential new construction involving the creation of accessory dwelling units
422
Not-for-profit housing companies
423
Phase out of exemption for redevelopment company projects upon the cessation of the tax exemption granted pursuant to contract
424
Institute of arts and sciences
425
School tax relief (STAR) exemption
425‑A
Abatement of county taxes in special assessing units
426
Opera houses
427
Performing arts buildings
428
Fraternal organizations
429
Real property used for professional major league sports
430
Interdenominational centers
432
Theatrical corporations created by act of congress
434
Academies of music
436
Officers of religious denominations
438
Trustees of a hospital, playground and library
440
Infant homes
442
Soldiers monument corporations
444
Historical societies
444‑A
Historic property
446
Cemeteries
450
Agricultural societies
452
Veterans organizations
454
Indians
455
Exemption option
456
Municipal railroads
457
Exemption for first-time homebuyers of newly constructed homes
458
Veterans
458‑A
Veterans
458‑B
Exemption for Cold War veterans
458‑C
Improvements to property of severely injured members of the armed forces of the United States
459
Persons who are physically disabled
459‑A
Improvements to property made pursuant to the Americans with Disabilities Act of 1990
459‑B
Physically disabled crime victims
459‑C
Persons with disabilities and limited incomes
460
Clergy
462
Religious corporations
464
Incorporated associations of volunteer firefighters
466
Volunteer firefighters and fire companies in villages
466‑A
Volunteer firefighters and volunteer ambulance workers
466‑A*2
Volunteer firefighters and volunteer ambulance workers
466‑B
Volunteer firefighters and volunteer ambulance workers
466‑C
Volunteer firefighters and volunteer ambulance workers
466‑C*2
Volunteer firefighters and volunteer ambulance workers
466‑C*3
Volunteer firefighters and volunteer ambulance workers
466‑C*4
Volunteer firefighters and volunteer ambulance workers
466‑C*5
Volunteer firefighters and volunteer ambulance workers
466‑C*6
Volunteer firefighters and volunteer ambulance workers
466‑C*7
Volunteer firefighters and volunteer ambulance workers
466‑D
Volunteer firefighters and volunteer ambulance workers
466‑D*2
Volunteer firefighters and volunteer ambulance workers
466‑D*3
Volunteer firefighters and volunteer ambulance workers
466‑D*4
Volunteer firefighters and volunteer ambulance workers
466‑E
Volunteer firefighters and volunteer ambulance workers
466‑E*2
Volunteer firefighters and volunteer ambulance workers
466‑E*3
Volunteer firefighters and volunteer ambulance workers
466‑E*4
Volunteer firefighters and volunteer ambulance workers
466‑F
Volunteer firefighters and volunteer ambulance workers
466‑F*2
Volunteer firefighters and volunteer ambulance workers
466‑F*3
Volunteer firefighters and volunteer ambulance workers
466‑F*4
Volunteer firefighters and volunteer ambulance workers
466‑F*5
Un-remarried spouses of volunteer firefighters or volunteer ambulance workers killed in the line of duty
466‑G
Volunteer firefighters and volunteer ambulance workers
466‑G*2
Volunteer firefighters and volunteer ambulance workers
466‑H
Volunteer firefighters and volunteer ambulance workers
466‑H*2
Un-remarried spouses of deceased volunteer firefighters or volunteer ambulance workers
466‑I
Volunteer firefighters and volunteer ambulance workers
466‑J
Volunteer firefighters and volunteer ambulance workers
466‑K
Volunteer firefighters and volunteer ambulance workers
467
Persons sixty-five years of age or over
467‑A
Partial tax abatement for residential real property held in the cooperative or condominium form of ownership in a city having a populatio...
467‑B
Tax abatement for rent-controlled and rent regulated property occupied by senior citizens or persons with disabilities
467‑C
Exemption for property owned by certain housing companies or sublessees of the battery park city authority and occupied by senior citizen...
467‑D
Assessment exemption for certain living quarters constructed to be occupied by a senior citizen or disabled individual
467‑E
Rebate for owners or tenant-stockholders of one, two or three family residences or residential property held in the condominium or cooper...
467‑F
Protective and safety devices tax abatement
467‑G
Rebate for owners of certain real property seriously damaged by the severe storm that occurred on the twenty-ninth and thirtieth of Octob...
467‑H
Partial abatement for certain rebuilt real property seriously damaged by the severe storm that occurred on the twenty-ninth and thirtieth...
467‑I
Real property tax abatement
467‑J
Exemption for certain residential properties located in certain counties
467‑K
Senior citizen longtime resident exemption
467‑K*2
Exemption for certain residential property required to participate in the federal flood insurance program
467‑L
Rebate for owners of certain real property in the city of New York
467‑M
Exemption from local real property taxation of certain multiple dwellings in a city having a population of one million or more
468
Fire patrol and salvage corps
469
Assessment exemption for living quarters for parent or grandparent
470
Exemption for improvements to real property meeting certification standards for green buildings
472
Pharmaceutical societies
474
Dental societies
476‑A
Railroad passenger stations
477
Tax exemption for industrial waste treatment facilities
477‑A
Tax exemption for air pollution control facilities
478
Tax exemption for off-street parking facilities providing underground shelters
479
Fallout shelter facilities
480
Forest and reforested lands
480‑A
Taxation of forest land
481
Taxation of land used for agricultural production
482
Quarantined lands
483
Exemption from taxation of structures and buildings essential to the operation of agricultural and horticultural lands
483‑A
Farm silos, farm feed grain storage bins, commodity sheds, bulk milk tanks and coolers, and manure storage and handling facilities
483‑B
Historic barns
483‑C
Temporary greenhouses
483‑D
Farm or food processing labor camps or commissaries
483‑E
Anaerobic digestion facilities
484
Urban redevelopment corporations and companies
485
Nuclear powered electric generating facilities
485‑A
Residential-commercial urban exemption program
485‑B
Business investment exemption
485‑C
Exemption from taxation of real property used in manufacture of steel in cities of fifty thousand or more persons
485‑D
Water-works corporations
485‑E
Empire zone exemption
485‑F
Banking development districts
485‑G
Infrastructure exemption
485‑H
Residential investment exemption
485‑I
Residential investment exemption
485‑I*2
Residential investment exemption
485‑J
Residential property improvement exemption
485‑J*2
Residential investment exemption
485‑J*3
Residential investment exemption
485‑J*4
Residential investment exemption
485‑J*5
Residential investment exemption
485‑K
Residential investment exemption
485‑L
Residential property improvement
485‑L*2
Residential investment exemption
485‑M
Residential investment exemption
485‑N
Residential-commercial exemption program
485‑O
New residential property exemption
485‑P
Economic transformation area exemption
485‑Q
Residential investment exemption
485‑R
Residential redevelopment inhibited property exemption
485‑S
Residential reassessment exemption
485‑S*2
Residential reassessment exemption
485‑S*3
Mixed use exemption program for villages
485‑T
Owner occupied residential property exemption program
485‑U
Class one reassessment exemption
485‑V
Residential revaluation exemption
485‑V*2
Residential and mixed-use investment exemption
485‑W
Newly constructed single-family and multi-family residential exemption
485‑X
Affordable neighborhoods for New Yorkers tax incentive
486
Non-profit medical and dental indemnity, or hospital service corporations
486‑A
Non-profit corporations operating as health maintenance organizations
487
Exemption from taxation for certain energy systems
487‑A
Exemption from taxation of conservation improvements to certain residential premises
488
Retirement systems
488‑A
Rehabilitation of certain class B multiple dwellings and class A multiple dwellings used for single room occupancy
489
Exemption from taxation of alterations and improvements to multiple dwellings to eliminate fire and health hazards

Accessed:
Jul. 13, 2024

Last modified:
Jan. 8, 2021

§ 485’s source at nysenate​.gov

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