Section 1020-Q. Payments in lieu of taxes  


Latest version.
  • 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, except for such
      taxing jurisdictions which tax the Shoreham plant, in which case the  in
      lieu  of  tax  payments shall in the first year after the acquisition be
      equal to one hundred percent of the taxes and  assessments  which  would
      have been received by such taxing jurisdictions. In each succeeding year
      such  in  lieu  of  tax payments shall be decreased by ten percent until
      such time as such payments equal taxes and assessments which would  have
      been levied on such plant in a nonoperative state.
        2.  The  authority shall also make payments in lieu of taxes for those
      taxes which would otherwise be imposed upon  LILCO,  if  LILCO  were  to
      continue in operation, pursuant to sections one hundred eighty-six-a and
      one  hundred  eighty-six-c  of  the  tax law, and to former sections one
      hundred eighty-six and one hundred eighty-six-b of the tax law  as  such
      sections  one  hundred  eighty-six  and one hundred eighty-six-b were in
      effect on December thirty-first, nineteen hundred ninety-nine, paragraph
      (b) of subdivision four of  section  one  hundred  seventy-four  of  the
      navigation  law,  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