Requires 12.5% of profits generated from a solar or wind energy system to be paid to a taxing jurisdiction or land owner under certain agreements for the installation and use of such solar or wind energy system, in addition to other PILOT or other payments required under such agreement.
STATE OF NEW YORK
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7389
2025-2026 Regular Sessions
IN SENATE
April 14, 2025
___________
Introduced by Sen. WALCZYK -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
AN ACT to amend the real property tax law and the public service law, in
relation to requiring a percentage of profits to be paid to a taxing
jurisdiction or land owner under certain agreements for the installa-
tion and use of solar or wind energy systems
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 9 of section 487 of the real property tax law
2 is amended by adding a new paragraph (d) to read as follows:
3 (d) Any payment in lieu of tax agreement executed under this subdivi-
4 sion shall include a provision that the taxing jurisdiction shall be
5 entitled to receive twelve and one-half percent of the profits generated
6 from the solar or wind energy system that is the subject of such agree-
7 ment, in addition to any payments in lieu of taxes otherwise required
8 under such agreement.
9 § 2. The public service law is amended by adding a new section 66-x to
10 read as follows:
11 § 66-x. Solar and wind land-lease agreements. Any agreement for the
12 lease of land for installation and use of a solar or wind energy system
13 shall include a provision that the owner of such land shall be entitled
14 to receive twelve and one-half percent of the profits generated from
15 such solar or wind energy system, in addition to any other payments
16 required under such lease agreement. For the purposes of this section,
17 the term "solar or wind energy system" shall have the same meaning as
18 defined by section four hundred eighty-seven of the real property tax
19 law.
20 § 3. This act shall take effect immediately and shall apply to
21 contracts and agreements entered into on or after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05491-01-5
