Provides that a taxing jurisdiction which has opted out of the exemption from taxation for certain energy systems may not offer the exemption for specific or single projects; requires that a jurisdiction which changes its status relating to the exemption must do so within 120 days prior to the taxable status date; provides that such change shall be valid for one year.
STATE OF NEW YORK
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3828
2025-2026 Regular Sessions
IN ASSEMBLY
January 30, 2025
___________
Introduced by M. of A. GRAY, BEEPHAN, PALMESANO -- read once and
referred to the Committee on Real Property Taxation
AN ACT to amend the real property tax law, in relation to the ability of
a taxing jurisdiction to opt out of the exemption from taxation for
certain energy systems
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 8 of section 487 of the real
2 property tax law, as amended by chapter 325 of the laws of 2018, is
3 amended to read as follows:
4 (a) Notwithstanding the provisions of subdivision two of this section,
5 a county, city, town or village may by local law or a school district,
6 other than a school district to which article fifty-two of the education
7 law applies, may by resolution provide either (i) that no exemption
8 under this section shall be applicable within its jurisdiction with
9 respect to any solar or wind energy system or farm waste energy system
10 which began construction subsequent to January first, nineteen hundred
11 ninety-one or the effective date of such local law, ordinance or resol-
12 ution, whichever is later, and/or (ii) that no exemption under this
13 section shall be applicable within its jurisdiction with respect to any
14 micro-hydroelectric energy system, fuel cell electric generating system,
15 micro-combined heat and power generating equipment system, electric
16 energy storage equipment or electric energy storage system, or fuel-
17 flexible linear generator electric generating system constructed subse-
18 quent to January first, two thousand eighteen or the effective date of
19 such local law, ordinance or resolution, whichever is later. A copy of
20 any such local law or resolution shall be filed with the commissioner
21 and with the president of the authority. A taxing jurisdiction which
22 has opted not to provide the exemption authorized by this section pursu-
23 ant to the provisions of this paragraph may not subsequently grant an
24 exemption for a single or specific energy system installation or devel-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08232-01-5
A. 3828 2
1 opment. A taxing jurisdiction which has previously opted not to provide
2 an exemption under this section may by local law, ordinance or resol-
3 ution, as appropriate, change or repeal the opt out and permit the
4 exemption only if it passes such local law, ordinance or resolution
5 within one hundred twenty days prior to the taxable status date of such
6 taxing jurisdiction. Such local law, ordinance or resolution shall be
7 valid and in effect for one year. An exemption granted during such time
8 period shall be valid for the fifteen year period as provided in subdi-
9 vision two of this section except as otherwise provided in this section.
10 § 2. This act shall take effect immediately.
