[HISTORY: Adopted by the Town Board of the
Town of Ontario 7-22-2019 by L.L. No. 4-2019. Amendments noted where
applicable.]
This chapter shall be known as "Local Law No. 4 of 2019: Nuclear-Powered
Electric-Generating Facilities Exemption From Taxation, Special Ad
Valorem Levies and Special Assessments."
The purpose of this chapter is to exercise the rights granted
to local taxing districts, pursuant to §§ 485 and 490
of the Real Property Tax Law of the State of New York to grant an
exemption for nuclear-powered electric-generating facilities located
within the Town from taxation imposed, special ad valorem levies,
and special assessments imposed by the Town of Ontario, to the extent
provided in §§ 485 and 490 of the Real Property Tax
Law of the State of New York.
Sections 485 and 490 of the Real Property Tax Law of the State
of New York authorize the Town Board for the Town of Ontario to exempt
nuclear-powered electric-generating facilities from taxation, special
ad valorem levies, and special assessments to the extent provided
by law.
A.
The Town Board finds that the continued operation of the nuclear-powered
electric-generating facilities located in the Town of Ontario is largely
dependent on such facilities' ability to compete in a deregulated
electricity-generating market with a competitive level of real property
taxation.
B.
The Town Board finds further that exemption from taxation of nuclear-powered
electric-generating facilities located in the Town of Ontario, providing
for payments in lieu of taxes and the removal of the nuclear-powered
electric-generating facilities located in the Town of Ontario from
the State Equalization Program in accordance with the Real Property
Tax Law of the State of New York, is in the interest of the Town and
will facilitate economic and fiscal stability for the Town, its taxpayers,
and the owners of such nuclear-powered electric-generating facilities.
Pursuant to Real Property Tax Law §§ 485 and
490, the Town Board hereby exempts existing nuclear-powered electric-generating
facilities located within the Town of Ontario from taxation imposed
by the Town of Ontario, special ad valorem levies, and special assessments
imposed by the Town of Ontario to the extent provided in §§ 485
and 490 of the Real Property Tax Law. Such exemptions shall commence
as of January 1, 2020, and shall continue until the first taxable
status date occurring on or after December 31, 2029.
A copy of this chapter shall be filed in the Office of the Clerk
of the Town of Ontario and with the New York State Department of Taxation
and Finance within 30 days after the adoption hereof.
This chapter shall take effect immediately following filing
with the Secretary of State.
