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S 9606

Relates to appropriations to the Barker central school district following the cessation of operations of an electric generating facility located within such district

2025 Regular Session Introduced by Rob Ortt

Barker Central School District may receive extended cessation aid for up to 10 years after the facility’s closure, with years 8–10 capped at 20% of the revenue loss.

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Bill Summary · S 9606

Summary of Bill S.9606 (2025-2026) – New York

Purpose and intent

  • The bill amends subpart H of part C of chapter 20 of the laws of 2015, to authorize additional, extended financial assistance to the Barker Central School District (Niagara County) following the cessation of operations of an electric generating facility within the district.
  • Specifically, it authorizes the Barker Central School District to receive assistance for up to ten years after the facility’s cessation, whereas the general program provides assistance for up to seven years for other local government entities.

Key provisions and changes

  • General framework (existing program):

    • Provides up to $140 million in total state moneys from the Urban Development Corporation (UDC) to local governments (counties, cities, towns, villages, school districts, or special districts) where:
    • An electric generating facility within the entity ceased operations on or after June 25, 2015, and
    • The facility’s closing caused a reduction in real property tax collections or payments in lieu of taxes (PILOT) of at least 20%.
    • Rules for payments:
    • Payments are made annually on a first-come, first-served basis after confirmation from the NY State Office of Real Property Tax Services (ORPTS) or a related development authority.
    • UDC cannot provide assistance for more than seven years.
    • Awards are structured by year with maximum potential percentages of revenue loss: 80%, 70%, 60%, 50%, 40%, 30%, 20% (for years 1–7 respectively).
    • Eligibility and process:
    • A locality may receive only one payment per year.
    • Local governments may seek assistance under the cessation mitigation fund once the generator has notified the federal Electric Bulk System Operator (BSO) of retirement or removal, and the facility is ineligible to participate in BSO markets.
    • The application date establishes payment order; no payment may be made until retirement or ineligibility to participate in BSO markets.
    • Applicants must attest to DPS that the facility is no longer producing electricity and no longer participating in BSO markets; DPS will verify with the BSO.
    • The amount of annual payment is determined by the UDC president based on the annual tax loss difference (last year of operation vs. current year, excluding interest/penalties).
    • Total program cap remains $140 million.

  • Special provision for Barker Central School District:

    • If Barker Central School District is otherwise eligible, UDC must provide assistance for a period not to exceed ten years after cessation of operations (instead of seven years).
    • For years 8–10 (i.e., the extended period), the maximum potential award is limited to no more than 20% of the loss of revenues as calculated under the program rules.
    • All other provisions of the section apply to Barker as with other districts.

  • Effective date:

    • The act takes effect immediately.

Who is affected

  • Barker Central School District (Niagara County) stands to receive extended assistance (up to 10 years) following the cessation of an electric generating facility within its borders.
  • Other local governments (counties, cities, towns, villages, school districts, and special districts) that meet the cessation and tax-loss criteria remain eligible under the existing framework (up to seven years, with tiered annual award percentages).
  • The Urban Development Corporation, the Department of Public Service, ORPTS, and related development authorities/BSOs are involved in administering, verifying, and distributing the funds.

Procedural and timeline considerations

  • Applications and eligibility rely on a facility’s retirement or ineligibility to participate in BSO markets and on verification of tax loss reductions.
  • The funding is distributed on a first-come, first-served basis, subject to annual availability of funds and the program cap ($140 million total).
  • Barker’s expanded term (ten years) introduces a distinct cap for years 8–10 (up to 20% of eligible revenue loss) compared to the seven-year standard schedule.
  • Effective immediately upon enactment; committee and chamber actions prior to enactment included passage in the Senate.

Fiscal notes (high-level)

  • The program remains capped at $140 million in total assistance.
  • Barker District’s additional ten-year provision will affect the allocation timeline and share of the cap, particularly in years 8–10, which are more constrained (up to 20% of revenue loss per year).

Bottom line

S.9606 targets continued economic relief for Barker Central School District following the shut down of an area electric generating facility, extending eligibility for assistance beyond the standard seven years to ten, with a specific cap on the final three years. The bill preserves the broader cessation mitigation framework for all eligible local governments while providing Barker with a longer horizon and a lower annual award ceiling in the latter years.

Compiled from official sources — confirm details with the bill’s official record.

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