Bill Text: NY A07786 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the liability of a municipality or governmental subdivision for the refund of property taxes to the Long Island power authority.

Spectrum: Moderate Partisan Bill (Democrat 10-2)

Status: (Introduced) 2019-05-21 - referred to corporations, authorities and commissions [A07786 Detail]

Download: New_York-2019-A07786-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7786

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 21, 2019
                                       ___________

        Introduced  by  M. of A. STERN, ENGLEBRIGHT, RAMOS, JEAN-PIERRE, THIELE,
          SOLAGES, D'URSO, GRIFFIN, RAYNOR, LAVINE -- read once and referred  to
          the Committee on Corporations, Authorities and Commissions

        AN ACT to amend the public authorities law, in relation to the liability
          of  a municipality or governmental subdivision for the refund of prop-
          erty taxes to the Long Island power authority

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 1020-q of the public authorities law, as amended by
     2  section  8  of  part A of chapter 173 of the laws of 2013, is amended by
     3  adding a new subdivision 4 to read as follows:
     4    4. On and after the effective date of  this  subdivision,  no  munici-
     5  pality  or  governmental    subdivision,  including a school district or
     6  special district, shall be or become liable to  the  authority,  or  any
     7  reimbursed  third  party power producer, for a  refund of property taxes
     8  originally assessed  against  any  power  plant,  transmission  line  or
     9  substation  owned  by  the  authority,  its predecessor in interest or a
    10  third party power producer when the third party power producer is  reim-
    11  bursed  by  the authority for any portion of the property taxes assessed
    12  against a power plant, transmission line  or  substation  owned  by  the
    13  third  party  power  producer,  hereinafter referred to as a "reimbursed
    14  third party power producer". Any judicial determination  that  any  such
    15  power  plant,  transmission line or substation assessment was excessive,
    16  unequal or unlawful on or after the effective date of  this  subdivision
    17  shall  not result in a refund by any taxing jurisdiction for any portion
    18  of taxes previously paid by the authority, its predecessor in  interest,
    19  or any reimbursed third party power producer as defined in this subdivi-
    20  sion,  pursuant  to  such  power  plant, transmission line or substation
    21  assessment. The authority, and any reimbursed third party power producer
    22  shall discontinue or abandon all proceedings, brought by its predecessor
    23  in interest or any reimbursed third party power producer, which seek the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11144-05-9

        A. 7786                             2

     1  repayment of all or part of the taxes assessed against  any  such  power
     2  plant,  transmission  line  or  substation  formerly  owned  by LILCO or
     3  currently owned by the authority or any  reimbursed  third  party  power
     4  producer.
     5    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
     6  sion,  section  or  part  of  this act shall be adjudged by any court of
     7  competent jurisdiction to be invalid, such judgment  shall  not  affect,
     8  impair,  or  invalidate  the remainder thereof, but shall be confined in
     9  its operation to the clause, sentence, paragraph,  subdivision,  section
    10  or part thereof directly involved in the controversy in which such judg-
    11  ment shall have been rendered. It is hereby declared to be the intent of
    12  the  legislature  that  this  act  would  have been enacted even if such
    13  invalid provisions had not been included herein.
    14    § 3. This act shall take effect on the thirtieth day  after  it  shall
    15  have become a law.
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