Bill Text: NY S07909 | 2015-2016 | General Assembly | Introduced

---

Bill Title: Relates to payments in lieu of taxes and impacts on school districts; requires LILCO to enter into agreements to make payments to school districts.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-05-24 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S07909 Detail]

Download: New_York-2015-S07909-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          7909
                    IN SENATE
                                      May 24, 2016
                                       ___________
        Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
          when printed to be committed to the Committee on Energy and Telecommu-
          nications
        AN ACT to amend the public authorities law, in relation to  payments  in
          lieu of taxes
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1 of section 1020-q of the  public  authorities
     2  law,  as  amended  by  section 8 of part A of chapter 173 of the laws of
     3  2013, is amended to read as follows:
     4    1. (a) Each year after property theretofore owned by LILCO is acquired
     5  by the authority by any means authorized by this title and, as a  conse-
     6  quence, is removed from the tax rolls, the authority shall make payments
     7  in  lieu  of  taxes  to municipalities and school districts equal to the
     8  taxes and assessments which would have been received from year  to  year
     9  by  each  such  jurisdiction  if  such  acquisition  had  not  occurred,
    10  provided, however, that for the calendar year starting on January first,
    11  two thousand fifteen,  and  for  each  calendar  year  thereafter,  such
    12  payments  in  lieu of taxes shall not exceed the in lieu of tax payments
    13  made to such municipalities and  school  districts  in  the  immediately
    14  preceding year by more than two percent.
    15    (b) The authority shall enter into written agreements to make payments
    16  in lieu of taxes pursuant to section one thousand twenty-p of this title
    17  for  all  parcels  of  property subject to this section. Such agreements
    18  shall, without limitation, include an annual schedule of fixed  payments
    19  in  lieu  of  taxes  on  or  before February first to be paid to munici-
    20  palities and school districts for the  following  fiscal  year  of  such
    21  municipalities  and school districts based upon the two prior year's tax
    22  rolls consistent with the two percent calendar year limitation in  para-
    23  graph  (a)  of this subdivision, which shall be paid by the authority to
    24  the assessing jurisdiction for the benefit  of  the  municipalities  and
    25  school  districts  and  distributed  to  the  municipalities  and school
    26  districts as intended third party beneficiaries in accordance  with  the
    27  schedule for payment of taxes for each municipality and school district.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14861-04-6
        S. 7909                             2
     1  If  any annual payment in lieu of taxes is modified during the course of
     2  the written agreement, such modification  must  be  made  on  or  before
     3  February  first  of  each year with written notice to the municipalities
     4  and  school  districts. Any modification made after February first shall
     5  not be deemed effective until the year subsequent to the ensuing  fiscal
     6  year.
     7    § 2. Subdivision 2 of section 1020-p of the public authorities law, as
     8  added by chapter 517 of the laws of 1986, is amended to read as follows:
     9    2.  The  authority  shall  be required to pay no taxes nor assessments
    10  upon any of the property acquired or controlled by it or upon its activ-
    11  ities in the operation and maintenance thereof or  upon  income  derived
    12  therefrom,  provided  that  [nothing herein shall prevent] the authority
    13  [from entering] shall enter into agreements to make payments in lieu  of
    14  taxes  with  the  governing bodies of municipalities, as provided for in
    15  section one thousand twenty-q of this title.
    16    § 3.  This act shall take effect immediately.