A 11608: Relates to appropriations to the Barker central school district following the cessation of operations of an electric generating facility located within such district; permits awards for a period of ten years for the loss of tax revenue.

  
  STATE OF NEW YORK ________________________________________________________________________ 11608  IN ASSEMBLY June 5, 2026 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Bologna) -- read once and referred to the Committee on Education 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 Barker central school district to receive assistance for an additional three years 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, relating to appropriating money for certain municipal corpo- 3 rations and school districts, as amended by section 1 of part XX of 4 chapter 55 of the laws of 2021, is amended to read as follows: 5 Section 1. Contingent upon available funding, and not to exceed 6 $140,000,000 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 (i) on or after June 25, 2015, an electric 10 generating facility located within such local government entity has 11 ceased operations, and (ii) the closing of such facility has caused a 12 reduction in the real property tax collections or payments in lieu of 13 taxes of at least twenty percent owed by such electric generating facil- 14 ity. Such moneys attributable to the cessation of operations, shall be 15 paid annually on a first come, first served basis by the urban develop- 16 ment corporation to such local government entity within a reasonable 17 time upon confirmation from the state office of real property tax 18 services or the local industrial development authority established 19 pursuant to titles eleven and fifteen of article eight of the public 20 authorities law, or the local industrial development agency established 21 pursuant to article eighteen-A of the general municipal law that such 22 cessation has resulted in a reduction in the real property tax 23 collections or payments in lieu of taxes, provided, however, that the 24 urban development corporation shall not provide assistance to such local 25 government entity for more than seven years, and shall award payments 26 reflecting the loss of revenues due to the cessation of operations as 27 follows: 28 Award Year Maximum Potential Award EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14885-01-6 
 A. 11608 2 1 1 no more than eighty percent of loss of revenues 2 2 no more than seventy percent of loss of revenues 3 3 no more than sixty percent of loss of revenues 4 4 no more than fifty percent of loss of revenues 5 5 no more than forty percent of loss of revenues 6 6 no more than thirty percent of loss of revenues 7 7 no more than twenty percent of loss of revenues 8 A local government entity shall be eligible for only one payment of 9 funds hereunder per year. A local government entity may seek assistance 10 under the electric generation facility cessation mitigation fund once a 11 generator has submitted its notice to the federally designated electric 12 bulk system operator (BSO) serving the state of New York of its intent 13 to retire the facility or of its intent to voluntarily remove the facil- 14 ity from service subject to any return-to-service provisions of any 15 tariff, and that the facility also is ineligible to participate in the 16 markets operated by the BSO. The date of submission of a local govern- 17 ment entity's application for assistance shall establish the order in 18 which assistance is paid to program applicants, except that in no event 19 shall assistance be paid to a local government entity until such time 20 that an electric generating facility has retired or become ineligible to 21 participate in the markets operated by the BSO. For purposes of this 22 section, any local government entity seeking assistance under the elec- 23 tric generation facility cessation mitigation fund must submit an attes- 24 tation to the department of public service that a facility is no longer 25 producing electricity and is no longer participating in markets operated 26 by the BSO. After receipt of such attestation, the department of public 27 service shall confirm such information with the BSO. In the case that 28 the BSO confirms to the department of public service that the facility 29 is no longer producing electricity and participating in markets operated 30 by such BSO, it shall be deemed that the electric generating facility 31 located within the local government entity has ceased operation. The 32 department of public service shall provide such confirmation to the 33 urban development corporation upon receipt. The determination of the 34 amount of such annual payment shall be determined by the president of 35 the urban development corporation based on the amount of the differen- 36 tial between the annual real property taxes and payments in lieu of 37 taxes imposed upon the facility, exclusive of interest and penalties, 38 during the last year of operations and the current real property taxes 39 and payments in lieu of taxes imposed upon the facility, exclusive of 40 interest and penalties. The total amount awarded from this program shall 41 not exceed $140,000,000. 42 Notwithstanding any other law, rule or regulation to the contrary, in 43 the case of the Barker central school district, located in the county of 44 Niagara, if such district is otherwise eligible for assistance under 45 this section, the urban development corporation shall provide assistance 46 for a period not to exceed ten years following the cessation of oper- 47 ations of an electric generating facility located within such district. 48 The maximum potential award for years eight, nine and ten, shall be no 49 more than twenty percent of the loss of revenues as calculated pursuant 50 to this section. All other provisions of this section shall remain 51 applicable. 52 § 2. This act shall take effect immediately.