The New York State Senate

                    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.