NY State Senate Bill S8204

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (12)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 31, 2020	approval memo.75 signed chap.386
Dec 19, 2020	delivered to governor
Jun 10, 2020	returned to senate passed assembly ordered to third reading rules cal.115 substituted for a10107
Jun 09, 2020	referred to ways and means delivered to assembly passed senate
Jun 08, 2020	ordered to third reading cal.735
Apr 15, 2020	referred to local government

Votes

S8204 (ACTIVE) - Details

See Assembly Version of this Bill:: A10107
Law Section:: Real Property Tax Law
Laws Affected:: Amd §485, RPT L

S8204 (ACTIVE) - Summary

Includes facilities which formerly generated nuclear power to the definition of nuclear powered electric generating facility.

S8204 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8204

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the real property tax law, in relation to nuclear
powered electric generating facilities

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation relates to the taxation of nuclear powered electric
generating facilities that generates or formerly generated electricity
using nuclear power.

 
SUMMARY OF PROVISIONS:

Section 1. Subdivision 1 of section 485 of the Real Property Tax law, as
added by chapter 87 of the laws of 2001 and as further amended by subdi-
vision (b) of section 1 of part W of chapter 56 of the laws of 2010, is
amended to include the following change: For purposes of this section,
nuclear powered electric generating facility will now mean a facility

that generates or formerly generated electricity using nuclear power for
sale, directly or indirectly, to the public, including the land upon
which the facility is located, any equipment used in such generation,
and equipment leading from the facility to the interconnection with the
electric transmission system, but shall not include any equipment in the
electric transmission system.

Section 2. Establishes the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

Not applicable at this time.

 
JUSTIFICATION:

This change needs to be made in order to allow communities to continue
to enter into Payment in Lieu of Tax (PILOTS) Agreements even after the
nuclear facilities shut down. As one can imagine, it is difficult at and
impossible at worst, to attempt to assess a non-generating nuclear power
plant. Frankly, there are not enough around to compare them to in order
to come up with a realistic assessment.

Without question, any attempt at attaching an assessed value would be
met with tax cert proceedings for a review under Article 7 of the Real
Property Tax Law by the owner of the facility, which could lead to years
of litigation and the possibility that the municipality might be ordered
to re-pay the facility should the proceeding end with a decision indi-
cating that the assessment was too high. An agreement would be best, and
by continuing to permit a PILOT under these circumstances, we are
providing another positive option.

 
PRIOR LEGISLATIVE HISTORY:

This is new legislation.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:


There are no fiscal implications to the state or local governments asso-
ciated with the passage of this legislation.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S8204 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8204
 
                             I N  S E N A T E
 
                              April 15, 2020
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the real  property  tax  law,  in  relation  to  nuclear
   powered electric generating facilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1 of section 485 of the real property tax  law,
 as  added  by  chapter  87 of the laws of 2001 and as further amended by
 subdivision (b) of section 1 of part W of chapter  56  of  the  laws  of
 2010, is amended to read as follows:
   1. Nuclear powered electric generating facilities shall be exempt from
 taxation,  special  ad  valorem  levies  and  special assessments to the
 extent provided in section four hundred ninety of this article upon  the
 adoption  of a local law granting such exemption by the legislative body
 of the county, city, town or village in which such a facility is located
 or by resolution following a public hearing of the governing body of the
 school district in  which  such  facility  or  facilities  are  located,
 provided  the  taxing  district  may  only exempt the facility from real
 property taxes imposed by the taxing district  granting  the  exemption.
 The local law or resolution shall state the date on which such exemption
 shall commence. A copy of such local law or resolution shall be filed no
 later than thirty days after the adoption thereof with the clerk of each
 municipal  corporation  in  which  the  facility is located and with the
 commissioner. For purposes of this  section,  nuclear  powered  electric
 generating  facility  shall  mean  a facility that generates OR FORMERLY
 GENERATED electricity using nuclear power for sale,  directly  or  indi-
 rectly,  to  the  public,  including the land upon which the facility is
 located, any equipment used in such generation,  and  equipment  leading
 from  the facility to the interconnection with the electric transmission
 system, but shall not include any equipment in the electric transmission
 system.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15671-01-0

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The New York State Senate

senate Bill S8204

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

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Votes

Jun 9, 2020 - floor Vote

Floor Vote: Jun 9, 2020

May 28, 2020 - Rules committee Vote

Rules Committee Vote: May 28, 2020

S8204 (ACTIVE) - Details

S8204 (ACTIVE) - Summary

S8204 (ACTIVE) - Sponsor Memo

S8204 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8204

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Sponsored By

Pete Harckham

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 9, 2020 - floor Vote

Floor Vote: Jun 9, 2020

May 28, 2020 - Rules committee Vote

Rules Committee Vote: May 28, 2020

S8204 (ACTIVE) - Details

S8204 (ACTIVE) - Summary

S8204 (ACTIVE) - Sponsor Memo

S8204 (ACTIVE) - Bill Text download pdf

Comments