A08287 Summary:

BILL NOA08287
 
SAME ASSAME AS S06533
 
SPONSORLifton
 
COSPNSR
 
MLTSPNSR
 
Amd Part C subpart H 1, Chap 20 of 2015
 
Relates to funding to local government entities from the urban development corporation when an operational facility demonstrates that its electricity generation was less than 15% of its total generating capacity.
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A08287 Actions:

BILL NOA08287
 
06/06/2017referred to ways and means
01/03/2018referred to ways and means
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A08287 Committee Votes:

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A08287 Floor Votes:

There are no votes for this bill in this legislative session.
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A08287 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8287
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 6, 2017
                                       ___________
 
        Introduced by M. of A. LIFTON -- read once and referred to the Committee
          on Ways and Means
 
        AN  ACT  to amend subpart H of part C of chapter 20 of the laws of 2015,
          appropriating money for  certain  municipal  corporations  and  school
          districts,  in  relation  to funding to local government entities from
          the urban development corporation

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 1 of subpart H of part C of chapter 20 of the laws
     2  of 2015, appropriating money  for  certain  municipal  corporations  and
     3  school  districts,  as  amended by section 1 of part QQ of chapter 58 of
     4  the laws of 2017, is amended to read as follows:
     5    Section 1. Contingent  upon  available  funding,  and  not  to  exceed
     6  $45,000,000  moneys  from  the  urban  development  corporation shall be
     7  available for a local government entity, which for the purposes of  this
     8  section  shall  mean  a  county, city, town, village, school district or
     9  special district, where: (a) (i) on or after June 25, 2015, an  electric
    10  generating  facility  located  within  such  local government entity has
    11  ceased operations, [and] or (ii) that  an  operational  facility  demon-
    12  strates  that  its  actual  electricity production in the prior year was
    13  less than 15% of its total generating capacity; and (b) the  closing  or
    14  diminished  electricity production of such facility pursuant to subdivi-
    15  sion (a) of this section has caused a reduction in the real property tax
    16  collections or payments in lieu of taxes of at least twenty percent owed
    17  by such electric generating facility.  Such moneys attributable  to  the
    18  cessation  of  operations or diminished electricity production, shall be
    19  paid annually on a first come, first served basis by the urban  develop-
    20  ment  corporation  to  such  local government entity within a reasonable
    21  time upon confirmation from  the  state  office  of  real  property  tax
    22  services  or  the  local  industrial  development  authority established
    23  pursuant to titles eleven and fifteen of article  eight  of  the  public
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11877-03-7

        A. 8287                             2
 
     1  authorities  law, or the local industrial development agency established
     2  pursuant to article eighteen-A of the general municipal  law  that  such
     3  cessation  or  diminished  electricity  production  has  resulted  in  a
     4  reduction  in  the  real property tax collections or payments in lieu of
     5  taxes, provided, however, that the urban development  corporation  shall
     6  not  provide  assistance  to  such local government entity for more than
     7  seven years, and shall award payments reflecting the  loss  of  revenues
     8  due  to the cessation of operations or diminished electricity production
     9  as follows:
 
    10          Award Year                Maximum Potential Award
    11              1           no more than eighty percent of loss of revenues
    12              2           no more than seventy percent of loss of revenues
    13              3           no more than sixty percent of loss of revenues
    14              4           no more than fifty percent of loss of revenues
    15              5           no more than forty percent of loss of revenues
    16              6           no more than thirty percent of loss of revenues
    17              7           no more than twenty percent of loss of revenues
 
    18    A local government entity shall be eligible for only  one  payment  of
    19  funds hereunder per year.  A local government entity may seek assistance
    20  under the electric generation facility cessation or diminished electric-
    21  ity production mitigation fund once a generator has submitted its notice
    22  to  the federally designated electric bulk system operator (BSO) serving
    23  the state of New York of its intent to retire the  facility  or  of  its
    24  intent  to  voluntarily  remove the facility from service subject to any
    25  return-to-service provisions of any tariff, and that the  facility  also
    26  is  ineligible to participate in the markets operated by the BSO or that
    27  an  operational  facility  demonstrates  that  its  actual   electricity
    28  production  in  the prior year was less than 15% of its total generating
    29  capacity. The date of submission of a local government entity's applica-
    30  tion for assistance shall establish the order  in  which  assistance  is
    31  paid  to program applicants, except that in no event shall assistance be
    32  paid to a local government entity  until  such  time  that  an  electric
    33  generating  facility  has retired or become ineligible to participate in
    34  the markets operated by the BSO. For purposes of this section, any local
    35  government entity  seeking  assistance  under  the  electric  generation
    36  facility  cessation or diminished electricity production mitigation fund
    37  must submit an attestation to the department of public  service  that  a
    38  facility is no longer producing electricity and is no longer participat-
    39  ing  in  markets  operated  by  the  BSO or that an operational facility
    40  demonstrates that its actual electricity production in  the  prior  year
    41  was  less  than  15%  of its total generating capacity. After receipt of
    42  such attestation, the department of public service  shall  confirm  such
    43  information  with  the  BSO.  In  the  case that the BSO confirms to the
    44  department of public service that the facility is  no  longer  producing
    45  electricity  and participating in markets operated by such BSO, it shall
    46  be deemed that the electric generating facility located within the local
    47  government entity has ceased operation. The department of public service
    48  shall provide such confirmation to  the  urban  development  corporation
    49  upon  receipt.  The  determination  of the amount of such annual payment
    50  shall be determined by the president of  the  urban  development  corpo-
    51  ration  based  on the amount of the differential between the annual real
    52  property taxes and payments in lieu of taxes imposed upon the  facility,
    53  exclusive  of interest and penalties, during the [last] most recent year
    54  of operations and the current real property taxes and payments  in  lieu

        A. 8287                             3
 
     1  of taxes imposed upon the facility, exclusive of interest and penalties.
     2  The total amount awarded from this program shall not exceed $45,000,000.
     3    §  2.  This act shall take effect immediately; provided, however, that
     4  the amendments to section 1 of subpart H of part C of chapter 20 of  the
     5  laws of 2015 made by section one of this act shall not affect the repeal
     6  of such subpart and shall be deemed repealed therewith.
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