S T A T E O F N E W Y O R K
________________________________________________________________________
6628
2023-2024 Regular Sessions
I N A S S E M B L Y
April 25, 2023
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to certain
payments in lieu of taxes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of 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 to read as follows:
1. Each year after property theretofore owned by LILCO is acquired by
the authority by any means authorized by this title and, as a conse-
quence, is [removed from the tax rolls] SET FORTH ON ROLL SECTION EIGHT
OR OTHERWISE CODED AS EXEMPT ON ROLL SECTIONS FIVE AND SIX OF A FINAL
ASSESSMENT ROLL, the authority shall make payments in lieu of taxes IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION to municipalities and
school districts equal to the taxes and assessments which would have
been received from year to year by each such jurisdiction if such acqui-
sition had not occurred, provided, however, that for the [calendar] TAX
year starting on OR AFTER January first, two thousand [fifteen] TWENTY-
ONE, and for each [calendar] TAX year thereafter, such payments in lieu
of taxes shall [not exceed the in lieu of tax payments made to such
municipalities and school districts in the immediately preceding year by
more than two percent] EQUAL TO NO MORE THAN TWO PERCENT OF THE INCREASE
IN TOTAL TAX RATE FOR THE CURRENT TAX YEAR OVER THE TOTAL TAX RATE OF
THE PRIOR TAX YEAR, IF ANY, BASED UPON THE ASSESSED VALUE AS REFLECTED
ON THE FINAL ASSESSMENT ROLL OF THE CURRENT TAX YEAR. IN SUFFOLK COUNTY,
NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRARY, INCLUDING
THE SUFFOLK COUNTY TAX ACT, EACH TOWN SHALL PREPARE AND FORWARD PILOT
STATEMENTS TO LIPA, AND SHALL ALSO COLLECT AND DISTRIBUTE ALL PAYMENTS
IN LIEU OF TAX FROM LIPA AS IF SUCH PAYMENTS WERE TAXES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10804-01-3
A. 6628 2
§ 2. Subdivision 2 of section 1020-p of the public authorities law, as
added by chapter 517 of the laws of 1986, is amended to read as follows:
2. The authority shall be required to pay no taxes nor assessments
upon any of the property acquired or controlled by it or upon its activ-
ities in the operation and maintenance thereof or upon income derived
therefrom, provided that nothing herein shall prevent the authority from
entering into agreements to make payments in lieu of taxes with the
governing bodies of municipalities, as provided for in section one thou-
sand twenty-q of this title. HOWEVER, IN SUFFOLK COUNTY, THE AUTHORITY
SHALL ENTER INTO WRITTEN AGREEMENTS WITH EACH TOWN ON ITS BEHALF AND
THAT OF THE TAXING JURISDICTIONS THEREIN, TO MAKE PAYMENTS IN LIEU OF
TAXES AS PROVIDED FOR IN SECTION ONE THOUSAND TWENTY-Q OF THIS TITLE.
§ 3. This act shall take effect immediately.