N.Y. Transportation Law § 433: Service enhancement plans

§ 433. Service enhancement plans. 1. Every railroad seeking to

participate in the program shall annually by the first of February

submit a list of potential service enhancement program elements to the

department. The department shall review these program elements for

consistency with the legislative intent and program objectives stated in

sections four hundred thirty and four hundred thirty-one of this article

and shall provide its comments to each railroad by the first of March of

each year.

2. (a) Every railroad seeking to participate in the program shall

annually by the first of April of each year submit to the department a

plan which shall:

(i) describe the nature of the railroad's intended service enhancement

for the current calendar year as appropriate to railroad size and

railroad ceiling exemption or economic factor;

(ii) describe the level of tax abatement as computed by the

commissioner of taxation and finance pursuant to either subdivision (c)

of section four hundred eighty-nine-j or subdivision (c) of section four

hundred eighty-nine-hh of the real property tax law;

(iii) present the railroad's statement of goals, where possible;

(iv) provide detail on the railroad's proposed service enhancement

plan;

(v) present a general outline of multiple year projects to be

undertaken during the term of the program, as appropriate; and

(vi) note any proposed changes to the previous year's plan.

(b) Other railroads with exemption factors equal to eighty-five

percent may state to what general purposes they intend to apply the

additional tax abatement in lieu of the provisions of subdivision three

of this section.

3. The filing of such plan, containing such information as may be

required, shall constitute participation in the service enhancement

program.

4. Immediately upon receipt of such plan, the department shall certify

to the commissioner of taxation and finance participation in the service

enhancement program by the railroad submitting such plan.