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.