(b)  Such  increased  depreciation  pursuant  to paragraph (a) of this
subdivision shall be  granted  for  railroad  ceilings  established  for
assessment  rolls  filed  in  two thousand four and thereafter only upon
application of a railroad company. Any increased depreciation  shall  be
granted  to  all  the  tracks  owned  by  the railroad in this state not
otherwise exempt from inclusion in the calculation of railroad ceilings.
Such grant of increased depreciation shall continue for  ten  years  and
may be approved for subsequent periods of ten years upon application and
compliance  with  the  standards established by rule and regulation. The
commissioner   shall,   in   consultation   with   the   department   of
transportation  and  the  division  of the budget, establish by rule and
regulation the schedules for increased depreciation  and  standards  for
improved  service  that  must  be met in order for a railroad to receive
such  increased  depreciation  for  railroad  ceilings  established  for
assessment  rolls  filed in two thousand four and thereafter. A railroad
company that has failed to file an application or  failed  to  meet  the
standards  for  improved  services  contained  in  any  such  rules  and
regulations of the commissioner prior to the establishment  of  railroad
ceilings  for  assessment rolls filed in two thousand four shall receive
one-half the benefit for increased depreciation that such company  would
have received had such application been made and such standards been met
in  a  timely  fashion.  The standards for increased depreciation may be
based upon increased tonnage,  increased  level  of  passenger  service,
increased   number   of   passenger   trains   and/or  improved  on-time
performance, increased average speed, and any other  factors  indicating
improved  rail  service  as  the  commissioner  and  the  department  of
transportation shall specify.
Structure New York Laws
Title 2-A - Railroad Real Property of Intrastate Railroad Companies
489-A - Legislative Declaration.
489-C - Assessment of Real Property of Railroads.
489-D - Exemption of Railroad Real Property From Taxation.
489-F - Relationships Among Elements Used in Computation of Railroad Ceiling.
489-G - System Reproduction Cost.
489-H - Average Railway Earnings.
489-K - Unadjusted Local Reproduction Cost and Local Reproduction Cost.
489-L - State Equalization Rate.
489-M - Railroad Real Property Used for Transportation Purposes.
489-N - Tentative Determination of Railroad Ceiling; Notice, Complaints and Hearing.
489-O - Final Determination of Railroad Ceiling; Certificate.
489-P - Application of Railroad Ceiling; Computation of Exemption.
489-Q - Reports to Commissioner.
489-R - Inspection of Accounts and Property of Railroad Companies.
489-S - Estimated Railroad Ceiling.
489-T - Inapplicability of Title.
489-U - Inapplicability of Title.