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This entry was published on 2014-09-22
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Payments in lieu of taxes
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 1-A
* § 1020-q. Payments in lieu of taxes. 1. Each year after property
theretofore owned by LILCO is acquired by the authority by any means
authorized by this title and, as a consequence, is removed from the tax
rolls, the authority shall make payments in lieu of taxes 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 acquisition had not occurred, provided, however,
that for the calendar year starting on January first, two thousand
fifteen, and for each calendar 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.

2. The authority shall also make payments in lieu of taxes for those
taxes which would otherwise be imposed pursuant to sections one hundred
eighty-six-a and one hundred eighty-six-c of the tax law, and to former
section one hundred eighty-six-b of the tax law as such section was in
effect on December thirty-first, nineteen hundred ninety-nine, and any
taxes imposed by a city pursuant to the authorization granted by section
twenty-b of the general city law.

3. No municipality or governmental subdivision, including a school
district or special district, shall be liable to the authority or any
other entity for a refund of property taxes originally assessed against
the Shoreham plant. Any judicial determination that the Shoreham plant
assessment was excessive, unequal or unlawful for any of the years from
nineteen hundred seventy-six to the effective date of this title shall
not result in a refund by any taxing jurisdiction of taxes previously
paid by LILCO pursuant to such Shoreham plant assessment. The authority
shall discontinue and abandon all proceedings, brought by its
predecessor in interest, which seek the repayment of all or part of the
taxes assessed against the Shoreham plant.

* NB There are 2 § 1020-q's