S T A T E O F N E W Y O R K
________________________________________________________________________
6696
2017-2018 Regular Sessions
I N A S S E M B L Y
March 15, 2017
___________
Introduced by M. of A. LAVINE -- read once and referred to the Committee
on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to payments in
lieu of taxes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 1020-q of the public authorities
law, as amended by section 8 of part A of chapter 173 of the laws of
2013, is amended to read as follows:
1. (A) Each year after property theretofore owned by LILCO is acquired
by the authority by any means authorized by this title and, as a conse-
quence, is removed from the tax rolls, the authority shall make payments
in lieu of taxes to municipalities and school districts equal to the
taxes and assessments which would have been received from year to year
by each such jurisdiction if such acquisition had not occurred,
provided, however, that for the calendar year starting on January first,
two thousand fifteen, and for each calendar year thereafter, such
payments in lieu of taxes shall not exceed the in lieu of tax payments
made to such municipalities and school districts in the immediately
preceding year by more than two percent.
(B) THE AUTHORITY SHALL ENTER INTO WRITTEN AGREEMENTS TO MAKE PAYMENTS
IN LIEU OF TAXES PURSUANT TO SECTION ONE THOUSAND TWENTY-P OF THIS TITLE
FOR ALL PARCELS OF PROPERTY SUBJECT TO THIS SECTION. SUCH AGREEMENTS
SHALL, WITHOUT LIMITATION, INCLUDE AN ANNUAL SCHEDULE OF FIXED PAYMENTS
IN LIEU OF TAXES ON OR BEFORE FEBRUARY FIRST TO BE PAID TO MUNICI-
PALITIES AND SCHOOL DISTRICTS FOR THE FOLLOWING FISCAL YEAR OF SUCH
MUNICIPALITIES AND SCHOOL DISTRICTS BASED UPON THE TWO PRIOR YEAR'S TAX
ROLLS CONSISTENT WITH THE TWO PERCENT CALENDAR YEAR LIMITATION IN PARA-
GRAPH (A) OF THIS SUBDIVISION, WHICH SHALL BE PAID BY THE AUTHORITY TO
THE ASSESSING JURISDICTION FOR THE BENEFIT OF THE MUNICIPALITIES AND
SCHOOL DISTRICTS AND DISTRIBUTED TO THE MUNICIPALITIES AND SCHOOL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05835-01-7
A. 6696 2
DISTRICTS AS INTENDED THIRD PARTY BENEFICIARIES IN ACCORDANCE WITH THE
SCHEDULE FOR PAYMENT OF TAXES FOR EACH MUNICIPALITY AND SCHOOL DISTRICT.
IF ANY ANNUAL PAYMENT IN LIEU OF TAXES IS MODIFIED DURING THE COURSE OF
THE WRITTEN AGREEMENT, SUCH MODIFICATION MUST BE MADE ON OR BEFORE
FEBRUARY FIRST OF EACH YEAR WITH WRITTEN NOTICE TO THE MUNICIPALITIES
AND SCHOOL DISTRICTS. ANY MODIFICATION MADE AFTER FEBRUARY FIRST SHALL
NOT BE DEEMED EFFECTIVE UNTIL THE YEAR SUBSEQUENT TO THE ENSUING FISCAL
YEAR.
§ 2. Subdivision 2 of section 1020-p of the public authorities law, as
added by chapter 517 of the laws of 1986, is amended to read as follows:
2. The authority shall be required to pay no taxes nor assessments
upon any of the property acquired or controlled by it or upon its activ-
ities in the operation and maintenance thereof or upon income derived
therefrom, provided that [nothing herein shall prevent] the authority
[from entering] SHALL ENTER into agreements to make payments in lieu of
taxes with the governing bodies of municipalities, as provided for in
section one thousand twenty-q of this title.
§ 3. This act shall take effect immediately.