Bill Text: NY S05122 | 2019-2020 | General Assembly | Amended


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: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed) 2020-02-11 - referred to corporations, authorities and commissions [S05122 Detail]

Download: New_York-2019-S05122-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         5122--A
                               2019-2020 Regular Sessions
                    IN SENATE
                                     April 10, 2019
                                       ___________
        Introduced  by Sens. GAUGHRAN, FLANAGAN -- read twice and ordered print-
          ed, and when printed to be committed to the Committee  on  Energy  and
          Telecommunications  --  committee  discharged,  bill  amended, ordered
          reprinted as amended and recommitted to said committee
        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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11144-04-9

        S. 5122--A                          2
     1  in interest or any reimbursed third party power producer, which seek the
     2  repayment  of  all  or part of the taxes assessed against any such power
     3  plant, transmission line  or  substation  formerly  owned  by  LILCO  or
     4  currently  owned  by  the  authority or any reimbursed third party power
     5  producer.
     6    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
     7  sion, section or part of this act shall be  adjudged  by  any  court  of
     8  competent  jurisdiction  to  be invalid, such judgment shall not affect,
     9  impair, or invalidate the remainder thereof, but shall  be  confined  in
    10  its  operation  to the clause, sentence, paragraph, subdivision, section
    11  or part thereof directly involved in the controversy in which such judg-
    12  ment shall have been rendered. It is hereby declared to be the intent of
    13  the legislature that this act would  have  been  enacted  even  if  such
    14  invalid provisions had not been included herein.
    15    §  3.  This  act shall take effect on the thirtieth day after it shall
    16  have become a law.
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