senate Bill S5201

2019-2020 Legislative Session

Prohibits the Long Island power authority from bringing a tax certiorari challenge against a municipality

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Sponsored By

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to energy and telecommunications
Apr 16, 2019 referred to energy and telecommunications

S5201 (ACTIVE) - Details

Current Committee:
Senate Energy And Telecommunications
Law Section:
Public Authorities Law
Laws Affected:
Amd §1020-f, Pub Auth L

S5201 (ACTIVE) - Summary

Prohibits the Long Island power authority from bringing a tax certiorari challenge against a municipality.

S5201 (ACTIVE) - Sponsor Memo

S5201 (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K


                       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-

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


  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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