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This entry was published on 2014-09-22
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SECTION 2799-QQQ
Exemption from taxes, assessments and certain fees
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 34
§ 2799-qqq. Exemption from taxes, assessments and certain fees. 1. The
authority, notwithstanding the provisions of the real property tax law,
any other general, special, or local law, or ordinance, rule or
regulation to the contrary, with respect to the airport, aviation
facilities, pollution control facilities, any real property, and any
facility shall be exempt from taxation and shall not be required to pay
any fees, taxes, special ad valorem levies or special assessments,
whether state or local, including but not limited to fees, taxes,
special ad valorem levies or assessments on real property, franchise
taxes, sales taxes or other excise taxes, upon the airport, aviation
facilities, pollution control facilities, any facility or any property
owned or leased by it or under its jurisdiction, control or supervision,
or upon the uses thereof, or upon its activities in the operation and
maintenance of its facilities or any fares, tolls, rentals, rates,
charges, fees, revenues or other income received by the authority.
Notwithstanding the previous sentence; (1) the authority shall be
required to pay (a) only those special ad valorem levies or assessments
payable by the city immediately prior to the effective date of this act
and (b) scheduled payments in lieu of taxes payable by the city to
school districts and to towns pursuant to PILOT agreements in effect
immediately prior to the effective date of this act; and (2) tax parcels
not owned by the city and not tax exempt prior to the effective date of
this act shall not become tax exempt upon the effective date of this
act. Tax parcels acquired by the authority subsequent to the effective
date of this act shall be exempt from taxes, assessments, special ad
valorem levies, and special assessments fees as provided herein, subject
to the obligation to make payments in lieu of taxes to the extent
provided in subdivision three of section twenty-seven hundred
ninety-nine-uuu of this title. The authority, notwithstanding the
provisions of any general, special, or local law, or ordinance,
resolution, rule, or regulation to the contrary, with respect to the
airport, aviation facilities, pollution control facilities, real
property, and other facilities used for public aviation purposes or for
airport development or to support or in connection with the airport,
aviation facilities, pollution control facilities, real property or
other facilities, shall at all times be exempt from any filing, mortgage
recording or transfer fees or taxes in relation to instruments filed,
recorded or transferred by them or on their behalf. The construction,
use, occupation or possession of any property owned by the authority,
including improvements thereon, by any person or public corporation
under a lease, lease and sublease or any other agreement shall not
operate to abrogate or limit the foregoing exemption, notwithstanding
that the lessee, user, occupant or person in possession shall claim
ownership for federal income tax purposes.

2. Any bonds issued pursuant to this title together with the income
therefrom as well as the property of the authority shall at all times be
exempt from taxes, except for transfer and estate taxes. The state
hereby covenants with the purchasers and with all subsequent holders and
transferees of bonds issued by the authority pursuant to this title, in
consideration of the acceptance of and payment for the bonds, that the
bonds of the authority issued pursuant to this title and the income
therefrom and all revenues, moneys, and other property pledged to secure
the payment of such bonds shall at all times be free from taxation,
except for transfer and estate taxes.