S2529-2013 Actions

• Apr 24, 2013: PRINT NUMBER 2529A
• Apr 24, 2013: AMEND (T) AND RECOMMIT TO LOCAL GOVERNMENT
• Jan 18, 2013: REFERRED TO LOCAL GOVERNMENT

S2529-2013 Memo

BILL NUMBER:S2529

TITLE OF BILL:  An act to amend the real property tax law, in relation
to permanently exempting a homeowner from tax increases when
installing a solar energy system on their home

PURPOSE: To exempt a homeowner from any property tax increase after
installation of a solar energy system on their home

SUMMARY OF PROVISIONS: Section 1- amends subdivisions 2 of section 487
of the Real Property Tax law to remove the current limitation of 15
years on any increased assessment for wind, solar and farm waste to
energy systems. Section 5 is amended to allow any home solar energy
systems constructed after January 1, 2016 to receive this incentive.
Section 8 is repealed to clarify that this tax exemption applies to
county city, town, village and school taxes.

Section 2- contains the effective date

JUSTIFICATION: This legislation would modify the Real Property Tax law
regarding real property which includes a solar energy system, wind
energy system and farm waste system. Currently, there is a fifteen
year real property tax increase exemption for anyone who installs the
aforementioned systems. These structures provide positive benefits to
the environment, a reduction in pollution caused by power plants
striving to meet the needs of the local energy demand, reduces the
demand of foreign oil and save residents money by providing clean free
energy. The current exemption for fifteen years provides an incentive
for the installation of such system however after the expiration of
this exemption (15 years) the increase to real property tax is a
discouragement for these upgrades. This legislation will permanently
eliminate the increase to real property taxes which will provide
further incentive for the market of individual alternative energy
production and sustainability.

LEGISLATIVE HISTORY:  2011-12: A. 3544 Real Property; S. 3409 Local
Governments 2009-10: A.4896/Real Property; S.4915/Local
Govt/Finance/Rules 2008: A.11203/Real Property

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take immediately.

S2529-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2529
 2013-2014 Regular Sessions
 I N  SENATE
 January 18, 2013
 
 Introduced  by  Sen.  MARCELLINO  -- 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, in  relation  to  permanently
 exempting a homeowner from tax increases when installing a solar ener
 gy system on their home
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivisions 2, 5, 8 and 9 of section 487 of the real prop
 erty tax law, subdivisions 2 and 8 as amended by chapter 515 of the laws
 of 2002, subdivision 8 as further amended by subdivision (b) of  section
 1  of part W of chapter 56 of the laws of 2010, subdivision 5 as amended
 by chapter 366 of the laws of 2010 and subdivision 9 as added by chapter
 608 of the laws of 2002, are amended to read as follows:

 2. Real property which includes a solar or wind energy system or  farm
 waste  energy  system approved in accordance with the provisions of this
 section shall be exempt from taxation to the extent of any  increase  in
 the value thereof by reason of the inclusion of such solar or wind ener
 gy  system  or farm waste energy system [for a period of fifteen years].
 When a solar or wind energy system or components thereof or  farm  waste
 energy system also serve as part of the building structure, the increase
 in  value  which  shall  be  exempt  from taxation shall be equal to the
 assessed value attributable to such system or components  multiplied  by
 the  ratio  of  the incremental cost of such system or components to the
 total cost of such system or components.
 5. The exemption granted pursuant to this section shall only be appli
 cable to solar or wind energy systems or farm waste energy systems which
 are (a) existing or constructed prior to July  first,  nineteen  hundred
 eighty-eight [or], (b) constructed subsequent to January first, nineteen
 hundred  ninety-one  and prior to January first, two thousand fifteen OR
 (C) SOLAR ENERGY SYSTEMS CONSTRUCTED ON ONE, TWO, THREE OR  FOUR  FAMILY
 HOMES ON OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04147-01-3
 
       S. 2529                             2
 [8. Notwithstanding the provisions of subdivision two of this section,
 a  county,  city, town or village may by local law or a school district,
 other than a school district to which article fifty-two of the education
 law applies, may by resolution provide  that  no  exemption  under  this
 section  shall be applicable within its jurisdiction with respect to any
 solar or wind energy system or  farm  waste  energy  system  constructed
 subsequent  to  January first, nineteen hundred ninety-one or the effec-
 tive date of such local  law,  ordinance  or  resolution,  whichever  is
 later.  A  copy  of any such local law or resolution shall be filed with
 the commissioner and with the president of the authority.
 9. (a) A county, city, town, village  or  school  district,  except  a
 school  district  under article fifty-two of the education law, that has
 not acted to remove the exemption under this  section  may  require  the
 owner  of  a property which includes a solar or wind energy system which
 meets the requirements of subdivision four of  this  section,  to  enter
 into a contract for payments in lieu of taxes. Such contract may require
 annual  payments  in  an  amount  not  to exceed the amounts which would
 otherwise be payable but for the exemption under this section.
 (b) The payment in lieu of a tax agreement shall  not  operate  for  a
 period  of more than fifteen years, commencing in each instance from the
 date on which the benefits of such exemption first become available  and
 effective.]
 

S 2. This act shall take effect immediately.

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