Laws of New York (Last Updated: November 21, 2014) |
PBA Public Authorities |
Article 5. PUBLIC UTILITY AUTHORITIES |
Title 1-A. LONG ISLAND POWER AUTHORITY |
Section 1020-Q. Payments in lieu of taxes
Latest version.
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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