STATE OF NEW YORK
________________________________________________________________________
1313
2021-2022 Regular Sessions
IN SENATE
January 11, 2021
___________
Introduced by Sens. GAUGHRAN, KAMINSKY -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Energy and
Telecommunications
AN ACT to amend the public authorities law, in relation to the liability
of a municipality or governmental subdivision for the refund of prop-
erty taxes to the Long Island power authority
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1020-q of the public authorities law, as amended by
2 section 8 of part A of chapter 173 of the laws of 2013, is amended by
3 adding a new subdivision 4 to read as follows:
4 4. On and after the effective date of this subdivision, no munici-
5 pality or governmental subdivision, including a school district or
6 special district, shall be or become liable to the authority, or any
7 reimbursed third party power producer, for a refund of property taxes
8 originally assessed against any power plant, transmission line or
9 substation owned by the authority, its predecessor in interest or a
10 third party power producer when the third party power producer is reim-
11 bursed by the authority for any portion of the property taxes assessed
12 against a power plant, transmission line or substation owned by the
13 third party power producer, hereinafter referred to as a "reimbursed
14 third party power producer". Any judicial determination that any such
15 power plant, transmission line or substation assessment was excessive,
16 unequal or unlawful on or after the effective date of this subdivision
17 shall not result in a refund by any taxing jurisdiction for any portion
18 of taxes previously paid by the authority, its predecessor in interest,
19 or any reimbursed third party power producer as defined in this subdivi-
20 sion, pursuant to such power plant, transmission line or substation
21 assessment. The authority, and any reimbursed third party power producer
22 shall discontinue or abandon all proceedings, brought by its predecessor
23 in interest or any reimbursed third party power producer, which seek the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03947-01-1
S. 1313 2
1 repayment of all or part of the taxes assessed against any such power
2 plant, transmission line or substation formerly owned by LILCO or
3 currently owned by the authority or any reimbursed third party power
4 producer.
5 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
6 sion, section or part of this act shall be adjudged by any court of
7 competent jurisdiction to be invalid, such judgment shall not affect,
8 impair, or invalidate the remainder thereof, but shall be confined in
9 its operation to the clause, sentence, paragraph, subdivision, section
10 or part thereof directly involved in the controversy in which such judg-
11 ment shall have been rendered. It is hereby declared to be the intent of
12 the legislature that this act would have been enacted even if such
13 invalid provisions had not been included herein.
14 § 3. This act shall take effect on the thirtieth day after it shall
15 have become a law.
