S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2852--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2019
                                ___________
 
 Introduced  by  Sens.  FLANAGAN,  LAVALLE,  GAUGHRAN  --  read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Finance  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend subpart H of part C of chapter 20 of the laws  of  2015,
   relating to appropriating money for certain municipal corporations and
   school  districts,  in  relation  to  authorizing funds in the case of
   certain tax certiorari challenges or agreed upon settlements;  and  to
   permit  certain  boards  of  education  to  establish a tax certiorari
   stabilization reserve fund
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 1 of subpart H of part C of chapter 20 of the laws
 of 2015, relating to appropriating money for  certain  municipal  corpo-
 rations  and  school  districts,  as amended by section 1 of part AAA of
 chapter 59 of the laws of 2018, is amended to read as follows:
   Section 1. Contingent  upon  available  funding,  and  not  to  exceed
 $69,000,000  moneys  from  the  urban  development  corporation shall be
 available for a local government entity, which for the purposes of  this
 section  shall  mean  a  county, city, town, village, school district or
 special district, where (i) on or  after  June  25,  2015,  an  electric
 generating  facility  located  within  such  local government entity has
 ceased operations, and (ii) the closing of such facility  has  caused  a
 reduction  in  the  real property tax collections or payments in lieu of
 taxes of at least twenty percent owed by such electric generating facil-
 ity; OR WHERE, ON OR AFTER APRIL 1, 2018, A  SUCCESSFUL  TAX  CERTIORARI
 CHALLENGE  OR AN AGREED UPON SETTLEMENT TO THE ASSESSMENT OF AN ELECTRIC
 GENERATING FACILITY BY THE LONG ISLAND POWER AUTHORITY HAS  RESULTED  IN
 EITHER  A  REDUCTION IN THE REAL PROPERTY TAX COLLECTIONS OR PAYMENTS IN
 LIEU OF TAXES OF AT LEAST TWENTY PERCENT, OR IN REGARDS TO A  SETTLEMENT
 AGREEMENT  A  REDUCTION  IN  REAL  PROPERTY TAXES OR PAYMENTS IN LIEU OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04611-02-9

 S. 2852--A                          2
 
 TAXES OF AT LEAST TWENTY PERCENT IN THE AGGREGATE OVER THE TERM  OF  THE
 SETTLEMENT  AGREEMENT,  OWED BY SUCH ELECTRIC GENERATING FACILITY OR HAS
 RESULTED IN A REAL PROPERTY TAX LEVY INCREASE OF OVER TWENTY PERCENT  OF
 A  LOCAL GOVERNMENT ENTITY. Such moneys attributable to the cessation of
 operations, A SUCCESSFUL TAX CERTIORARI CHALLENGE,  OR  AN  AGREED  UPON
 SETTLEMENT,  shall  be paid annually on a first come, first served basis
 by the urban development corporation to  such  local  government  entity
 within a reasonable time upon confirmation from the state office of real
 property  tax  services  or  the  local industrial development authority
 established pursuant to titles eleven and fifteen of  article  eight  of
 the  public  authorities law, or the local industrial development agency
 established pursuant to article eighteen-A of the general municipal  law
 that  such cessation, TAX CERTIORARI JUDGMENT, OR AN AGREED UPON SETTLE-
 MENT has resulted in a reduction in the real property tax collections or
 payments in lieu of taxes, provided, however, that the urban development
 corporation shall not provide assistance to such local government entity
 for more than seven years IN THE CASE OF  THE  CLOSING  OF  AN  ELECTRIC
 GENERATING  FACILITY  OR  IN  THE  CASE  OF A TAX CERTIORARI JUDGMENT OR
 AGREED UPON SETTLEMENT FOR NOT MORE THAN FIFTEEN YEARS, and shall  award
 payments  reflecting  the loss of revenues due to the cessation of oper-
 ations, TAX CERTIORARI JUDGMENT OR AN AGREED UPON SETTLEMENT as follows:
 
         Award [Year] YEARS        Maximum Potential Award
             1           no more than eighty percent of loss of revenues
             2           no more than seventy percent of loss of revenues
             3           no more than sixty percent of loss of revenues
             4           no more than fifty percent of loss of revenues
             5           no more than forty percent of loss of revenues
             6           no more than thirty percent of loss of revenues
             7-15        no more than twenty percent of loss of revenues
 
   A local government entity shall be eligible for only  one  payment  of
 funds  hereunder per year. A local government entity may seek assistance
 under the electric generation  facility  cessation  AND  TAX  CERTIORARI
 mitigation  fund  (I)  once  a generator has submitted its notice to the
 federally designated electric bulk system  operator  (BSO)  serving  the
 state  of New York of its intent to retire the facility or of its intent
 to voluntarily remove the facility from service subject to  any  return-
 to-service provisions of any tariff, and that the facility also is inel-
 igible to participate in the markets operated by the BSO; OR (II) ONCE A
 FINAL  JUDGMENT  OR  SETTLEMENT AGREEMENT IN A TAX CERTIORARI PROCEEDING
 HAS BEEN FILED OR EXECUTED.  The date of submission of a  local  govern-
 ment  entity's  application  for assistance shall establish the order in
 which assistance is paid to program applicants, except that in no  event
 shall  assistance  be  paid to a local government entity until such time
 that an electric generating facility has EITHER (I)  retired  or  become
 ineligible  to participate in the markets operated by the BSO, OR (II) A
 FINAL JUDGMENT OR SETTLEMENT AGREEMENT IN A  TAX  CERTIORARI  PROCEEDING
 HAS  BEEN  FILED  OR EXECUTED.   For purposes of this section, any local
 government entity  seeking  assistance  under  the  electric  generation
 facility  cessation  AND  TAX  CERTIORARI mitigation fund must submit an
 attestation to the department of public service that EITHER (I) a facil-
 ity is no longer producing electricity and is no longer participating in
 markets operated by the BSO, OR (II)  A  FINAL  JUDGMENT  OR  SETTLEMENT
 AGREEMENT  IN  A  TAX  CERTIORARI PROCEEDING HAS BEEN FILED OR EXECUTED.
 [After] FOR FACILITIES THAT HAVE CEASED OPERATIONS AFTER receipt of such

 S. 2852--A                          3
 
 attestation, the department of public service shall confirm such  infor-
 mation with the BSO. In the case that the BSO confirms to the department
 of  public  service that the facility is no longer producing electricity
 and  participating  in  markets operated by such BSO, it shall be deemed
 that the electric generating facility located within the  local  govern-
 ment entity has ceased operation. The department of public service shall
 provide  such  confirmation  to  the  urban development corporation upon
 receipt. [The] FOR A FACILITY WITH A TAX CERTIORARI JUDGMENT OR  SETTLE-
 MENT,  THE DEPARTMENT OF PUBLIC SERVICE SHALL SUBMIT SUCH ATTESTATION TO
 THE URBAN DEVELOPMENT CORPORATION UPON RECEIPT OF THE  determination  of
 the amount of such annual payment WHICH shall be determined by the pres-
 ident  of  the  urban development corporation based on the amount of the
 differential between the annual real property taxes and payments in lieu
 of taxes imposed upon the facility, exclusive of interest and penalties,
 during the last year of operations and EITHER (I) the current real prop-
 erty taxes and payments in lieu of  taxes  imposed  upon  the  facility,
 exclusive of interest and penalties AFTER THE CESSATION OF OPERATIONS OR
 FINAL  JUDGMENT  OR SETTLEMENT AGREEMENT IN A TAX CERTIORARI PROCEEDING,
 OR (II) THE ANNUAL REDUCTION ON REAL PROPERTY TAXES OR PAYMENTS IN  LIEU
 OF TAXES DURING THE TERM OF A SETTLEMENT AGREEMENT FROM A TAX CERTIORARI
 PROCEEDING.  The total amount awarded from this program shall not exceed
 $69,000,000.
   §  2.  Tax certiorari stabilization reserve fund. (a) Definitions.  As
 used in this section:
   (i) "Board of education" or "board" shall mean the board of  education
 of  either:  the  Port  Jefferson union free school district, the North-
 port-East Northport union free school district, the North Shore  central
 school  district,  the  Island  Park  union free school district, or any
 other school district that  is  impacted  by  a  tax  certiorari  action
 brought by the Long Island Power Authority.
   (ii)  "Tax  certiorari  stabilization reserve fund" shall mean the tax
 certiorari stabilization  reserve  fund  established  pursuant  to  this
 section.
   (iii)  "School  district"  or  "district"  shall mean either: the Port
 Jefferson union free school district, the Northport-East Northport union
 free school district, the  North  Shore  central  school  district,  the
 Island  Park  union  free  school district, or any other school district
 that is impacted by a tax certiorari action brought by the  Long  Island
 Power Authority.
   (b)  The  board  of  education is hereby authorized to establish a tax
 certiorari stabilization reserve fund to lessen or prevent increases  in
 the school district's real property tax levy resulting from decreases in
 revenue  due to a tax certiorari settlement or judgment provided, howev-
 er, that no such fund shall be established unless approved by a majority
 vote of the voters present and voting on a separate  ballot  proposition
 therefor  at either a special district meeting which the board of educa-
 tion may call for such purpose or at the  annual  district  meeting  and
 election,  to be noticed and conducted in either case in accordance with
 article 41 of the education law. Such  separate  proposition  shall  set
 forth  the maximum allowable balance to be deposited and held in the tax
 certiorari stabilization reserve fund. Moneys shall  be  paid  into  and
 withdrawn from the fund and the fund shall be administered as follows:
   (i)  The  board  of education is hereby authorized to receive payments
 into its tax certiorari stabilization reserve fund from any annual funds
 it is eligible to receive from the electric generating  facility  cessa-
 tion fund. Such received allocations from the electric generating facil-

 S. 2852--A                          4
 
 ity cessation fund shall not count against the district's maximum allow-
 able fund balance for its tax certiorari stabilization reserve fund.
   (ii)  Moneys  may  be  withdrawn from the tax certiorari stabilization
 reserve fund for any fiscal year to be expended for any  lawful  purpose
 to  lessen  or prevent increases in the district's tax levy. Withdrawals
 from the fund shall  be  disclosed  in  a  manner  consistent  with  the
 required  disclosures  of  similar  reserve  funds held by the district,
 including disclosures of similar reserve funds  held  by  the  district,
 including  disclosures required by the property tax report card prepared
 by the district pursuant to the provisions of subdivision 7  of  section
 1716  of  the  education  law; and deposits and withdrawals made in each
 fiscal year shall be subject to the district's  annual  budget  approval
 process.
   §  3.  This act shall take effect immediately, provided, however, that
 the amendments to section 1 of subpart H of part C of chapter 20 of  the
 laws of 2015 made by section one of this act shall not affect the repeal
 of such subpart and shall be deemed repealed therewith.