S T A T E O F N E W Y O R K
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7786
2019-2020 Regular Sessions
I N A S S E M B L Y
May 21, 2019
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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:
Section 1. 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 by
adding a new subdivision 4 to read as follows:
4. ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, NO MUNICI-
PALITY OR GOVERNMENTAL SUBDIVISION, INCLUDING A SCHOOL DISTRICT OR
SPECIAL DISTRICT, SHALL BE OR BECOME LIABLE TO THE AUTHORITY, OR ANY
REIMBURSED THIRD PARTY POWER PRODUCER, FOR A REFUND OF PROPERTY TAXES
ORIGINALLY ASSESSED AGAINST ANY POWER PLANT, TRANSMISSION LINE OR
SUBSTATION OWNED BY THE AUTHORITY, ITS PREDECESSOR IN INTEREST OR A
THIRD PARTY POWER PRODUCER WHEN THE THIRD PARTY POWER PRODUCER IS REIM-
BURSED BY THE AUTHORITY FOR ANY PORTION OF THE PROPERTY TAXES ASSESSED
AGAINST A POWER PLANT, TRANSMISSION LINE OR SUBSTATION OWNED BY THE
THIRD PARTY POWER PRODUCER, HEREINAFTER REFERRED TO AS A "REIMBURSED
THIRD PARTY POWER PRODUCER". ANY JUDICIAL DETERMINATION THAT ANY SUCH
POWER PLANT, TRANSMISSION LINE OR SUBSTATION ASSESSMENT WAS EXCESSIVE,
UNEQUAL OR UNLAWFUL ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION
SHALL NOT RESULT IN A REFUND BY ANY TAXING JURISDICTION FOR ANY PORTION
OF TAXES PREVIOUSLY PAID BY THE AUTHORITY, ITS PREDECESSOR IN INTEREST,
OR ANY REIMBURSED THIRD PARTY POWER PRODUCER AS DEFINED IN THIS SUBDIVI-
SION, PURSUANT TO SUCH POWER PLANT, TRANSMISSION LINE OR SUBSTATION
ASSESSMENT. THE AUTHORITY, AND ANY REIMBURSED THIRD PARTY POWER PRODUCER
SHALL DISCONTINUE OR ABANDON ALL PROCEEDINGS, BROUGHT BY ITS PREDECESSOR
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
REPAYMENT OF ALL OR PART OF THE TAXES ASSESSED AGAINST ANY SUCH POWER
PLANT, TRANSMISSION LINE OR SUBSTATION FORMERLY OWNED BY LILCO OR
CURRENTLY OWNED BY THE AUTHORITY OR ANY REIMBURSED THIRD PARTY POWER
PRODUCER.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect on the thirtieth day after it shall
have become a law.