S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7786
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 21, 2019
                                ___________
 
 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.