S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6503
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 24, 2023
                                ___________
 
 Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 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
              

 S. 6503                             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.