STATE OF NEW YORK
________________________________________________________________________
8558
2019-2020 Regular Sessions
IN ASSEMBLY
August 23, 2019
___________
Introduced by M. of A. CARROLL -- read once and referred to the Commit-
tee on Real Property Taxation
AN ACT to amend the real property tax law, in relation to providing a
tax abatement for geothermal well systems in cities of one million or
more
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The title heading of title 4-C of article 4 of the real
2 property tax law, as amended by chapter 412 of the laws of 2018, is
3 amended to read as follows:
4 SOLAR ELECTRIC GENERATING SYSTEM, GEOTHERMAL
5 WELL SYSTEM AND ELECTRIC ENERGY STORAGE EQUIPMENT
6 TAX ABATEMENT FOR CERTAIN PROPERTIES IN A CITY OF ONE MILLION OR MORE
7 PERSONS
8 § 2. Subdivisions 2 and 8 of section 499-aaaa of the real property tax
9 law, as amended by chapter 412 of the laws of 2018, are amended and a
10 new subdivision 12 is added to read as follows:
11 2. "Application for tax abatement" shall mean an application for a
12 solar electric generating system, geothermal well system or electric
13 energy storage equipment tax abatement pursuant to section four hundred
14 ninety-nine-cccc of this title.
15 8. "Eligible solar electric generating system expenditures", "eligible
16 geothermal well system expenditures" and "eligible electric energy stor-
17 age equipment expenditures" shall mean reasonable expenditures for mate-
18 rials, labor costs properly allocable to on-site preparation, assembly
19 and original installation, architectural and engineering services, and
20 designs and plans directly related to the construction or installation
21 of a solar electric generating system, geothermal well system or elec-
22 tric energy storage equipment installed in connection with an eligible
23 building. Such eligible expenditures shall not include interest or other
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13614-02-9
A. 8558 2
1 finance charges, or any expenditures incurred using a federal, state or
2 local grant.
3 12. "Geothermal well system" means a system which uses the earth's
4 natural temperature under the ground to heat and/or cool a building.
5 § 3. Paragraph (e) of subdivision 1 of section 499-bbbb of the real
6 property tax law, as added by chapter 412 of the laws of 2018, is
7 amended and a new paragraph (f) is added to read as follows:
8 (e) if electric energy storage equipment is placed in service on or
9 after January first, two thousand nineteen, and before January first,
10 two thousand twenty-one, for each year of the compliance period such tax
11 abatement shall be the lesser of (i) ten percent of eligible electric
12 energy storage equipment expenditures, (ii) the amount of taxes payable
13 in such tax year, or (iii) sixty-two thousand five hundred dollars[.];
14 or
15 (f) if a geothermal well system is placed in service on or after Janu-
16 ary first, two thousand twenty-one, and before January first, two thou-
17 sand twenty-three, for each year of the compliance period such tax
18 abatement shall be the lesser of (i) ten percent of eligible geothermal
19 well system expenditures, (ii) the amount of taxes payable in such tax
20 year, or (iii) sixty-two thousand five hundred dollars.
21 § 4. Subdivisions 1 and 3 of section 499-cccc of the real property tax
22 law, subdivision 1 as separately amended by chapters 327 and 412 of the
23 laws of 2018 and subdivision 3 as amended by chapter 412 of the laws of
24 2018, are amended to read as follows:
25 1. To obtain a tax abatement pursuant to this title, an applicant must
26 file an application for tax abatement, which may be filed on or after
27 January first, two thousand nine, and on or before March fifteenth, two
28 thousand twenty-one for eligible solar electric generating system
29 expenditures and eligible electric energy storage expenditures and on or
30 after January first, two thousand twenty-one, and on or before March
31 fifteenth, two thousand twenty-three for eligible geothermal well system
32 expenditures.
33 3. Such application shall contain the following:
34 (a) The name and address of the applicant and the location of the
35 solar electric generating system, geothermal well system or the electric
36 energy storage equipment.
37 (b) Proof that the applicant received all required certifications,
38 permits and other approvals to construct the solar electric generating
39 system, geothermal well system or the electric energy storage equipment.
40 (c) Certifications in a form prescribed by a designated agency, from
41 an architect, engineer or other certified or licensed professional whom
42 a designated agency designates by rule, that (i) a solar electric gener-
43 ating system, geothermal well system or electric energy storage equip-
44 ment has been placed in service in connection with an eligible building
45 in accordance with this title, the rules promulgated hereunder, and
46 local construction and fire codes, and (ii) if the solar electric gener-
47 ating system, geothermal well system or electric energy storage equip-
48 ment has been placed on the roof of a building or other structure, that
49 a structural analysis has been performed establishing that such building
50 or structure can sustain the load of such solar electric generating
51 system, geothermal well system or electric energy storage equipment. All
52 certifications required by this title or the rules promulgated hereunder
53 shall set forth the specific findings upon which the certification is
54 based, and shall include information sufficient to identify the eligible
55 building, the certifying engineer, architect or other professional, and
56 such other information as may be prescribed by a designated agency.
A. 8558 3
1 (d) An agreement to permit a designated agency or its designee to
2 inspect the solar electric generating system, geothermal well system or
3 electric energy storage equipment and any related structures and equip-
4 ment upon reasonable notice.
5 (e) Any other information or certifications required by a designated
6 agency pursuant to this title and the rules promulgated hereunder.
7 § 5. Subdivision 1 of section 499-dddd of the real property tax law,
8 as amended by chapter 412 of the laws of 2018, is amended to read as
9 follows:
10 1. continuing compliance during the compliance period with all appli-
11 cable provisions of law, including without limitation the local
12 construction and fire codes, maintaining the solar electric generating
13 system or electric energy storage equipment in such a manner that it
14 continuously constitutes a solar electric generating system, geothermal
15 well system or electric energy storage equipment within the meaning of
16 this title and the rules promulgated hereunder, and permitting a desig-
17 nated agency or its designee to inspect the solar electric generating
18 system, geothermal well system or electric energy storage equipment and
19 any related structures and equipment upon reasonable notice; and
20 § 6. Paragraphs (c) and (d) of subdivision 1 of section 499-eeee of
21 the real property tax law, as amended by chapter 412 of the laws of
22 2018, are amended to read as follows:
23 (c) the solar electric generating system, geothermal well system or
24 electric energy storage equipment for which a tax abatement was granted
25 has at any time during the compliance period failed to meet any require-
26 ment for a solar electric generating system, geothermal well system or
27 electric energy storage equipment pursuant to this title or any rule
28 promulgated hereunder;
29 (d) the solar electric generating system, geothermal well system or
30 electric energy storage equipment has become a fire or safety hazard at
31 any time during the compliance period; or
32 § 7. Paragraphs (b), (c) and (d) of subdivision 2 of section 499-ffff
33 of the real property tax law, as amended by chapter 412 of the laws of
34 2018, are amended to read as follows:
35 (b) to inspect solar electric generating systems, geothermal well
36 systems or electric energy storage equipment and any related structures
37 and equipment;
38 (c) to establish permit or certification requirements to determine
39 when the solar electric generating system, geothermal well system or
40 electric energy storage equipment has been placed in service, such as
41 certification by an architect, engineer or other certified or licensed
42 professional whom a designated agency designates by rule;
43 (d) to establish guidance and procedures for determining or certifying
44 eligible solar electric generating system, geothermal well system or
45 electric energy storage equipment expenditures;
46 § 8. This act shall take effect immediately.
