Assembly Actions -
Senate Actions - UPPERCASE
|Jan 08, 2020||
referred to energy and telecommunications
|Apr 16, 2019||
referred to energy and telecommunications
Senate Bill S5201
2019-2020 Legislative Session
Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2019-S5201 (ACTIVE) - Details
2019-S5201 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5201 SPONSOR: FLANAGAN TITLE OF BILL: An act to amend the public authorities law, in relation to prohibiting the Long Island power authority from bringing a tax certiorari challenge against a municipality; and providing for the repeal of certain provisions upon expiration thereof PURPOSE: To prohibit LIPA from challenging the tax assessments levied against its electric generating facilities, and making such prohibition retroactive so as to enforce LIPA's repeated promises not to challenge its tax assessments in the future. SUMMARY OF PROVISIONS: Section 1: Section 1 provides the legislative intent explaining the background of LIPA's unwarranted tax certiorari challenges on its four "legacy" power plants.
2019-S5201 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5201 2019-2020 Regular Sessions I N S E N A T E April 16, 2019 ___________ Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommuni- cations AN ACT to amend the public authorities law, in relation to prohibiting the Long Island power authority from bringing a tax certiorari chal- lenge against a municipality; and providing for the repeal of certain provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative intent. The legislature finds and declares that the Long Island power authority ("LIPA") took over the Long Island lighting company ("LILCO") in 1998. As part of that takeover, represen- tatives from both LILCO and LIPA made repeated public representations that LIPA would drop all outstanding tax certiorari challenges previous- ly initiated by LILCO, and would not challenge the assessments on its four "legacy" power plants ("plants") in the future. For over a decade LIPA adhered to its commitment. In 2010, however, LIPA brought suit against the county of Nassau, the towns of Brookhaven and Huntington, and the village of Port Jefferson ("the assessing municipalities"), alleging that the assessing municipalities have over valued the plants thereby seeking a reduction in their assessed value and a repayment of the over-taxes they paid. The legislature further finds that according to LIPA, if these tax certiorari challenges are successful against the assessing munici- palities, in addition to a significant reduction in the assessed value of each plant going forward, the "back-taxes" owed to it would be: $500,000,000 from Huntington; $200,000,000 from Nassau County; and $300,000,000 from Brookhaven/Port Jefferson. That refund would be borne by all taxpayers across the respective municipality, and would be due immediately. If the assessing municipalities lose at trial, in order to refund that exorbitant amount of money would require a massive increase EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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