Bill Text: NY A01366 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Exempts a homeowner from any tax increases when installing a solar energy system on their home.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - referred to real property taxation [A01366 Detail]

Download: New_York-2013-A01366-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1366
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by M. of A. COLTON -- read once and referred to the Committee
         on Real Property Taxation
       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:
    1    Section 1. Subdivisions 2, 5, 8 and 9 of section 487 of the real prop-
    2  erty tax law, subdivisions 2 and 8 as amended by chapter 515 of the laws
    3  of  2002, subdivision 8 as further amended by subdivision (b) of section
    4  1 of part W of chapter 56 of the laws of 2010, subdivision 5 as  amended
    5  by chapter 366 of the laws of 2010 and subdivision 9 as added by chapter
    6  608 of the laws of 2002, are amended to read as follows:
    7    2.  Real property which includes a solar or wind energy system or farm
    8  waste energy system approved in accordance with the provisions  of  this
    9  section  shall  be exempt from taxation to the extent of any increase in
   10  the value thereof by reason of the inclusion of such solar or wind ener-
   11  gy system or farm waste energy system [for a period of  fifteen  years].
   12  When  a  solar or wind energy system or components thereof or farm waste
   13  energy system also serve as part of the building structure, the increase
   14  in value which shall be exempt from  taxation  shall  be  equal  to  the
   15  assessed  value  attributable to such system or components multiplied by
   16  the ratio of the incremental cost of such system or  components  to  the
   17  total cost of such system or components.
   18    5. The exemption granted pursuant to this section shall only be appli-
   19  cable to solar or wind energy systems or farm waste energy systems which
   20  are  (a)  existing  or constructed prior to July first, nineteen hundred
   21  eighty-eight [or], (b) constructed subsequent to January first, nineteen
   22  hundred ninety-one and prior to January first, two thousand  fifteen  OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04147-01-3
       A. 1366                             2
    1  (C)  SOLAR  ENERGY SYSTEMS CONSTRUCTED ON ONE, TWO, THREE OR FOUR FAMILY
    2  HOMES ON OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN.
    3    [8. Notwithstanding the provisions of subdivision two of this section,
    4  a  county,  city, town or village may by local law or a school district,
    5  other than a school district to which article fifty-two of the education
    6  law applies, may by resolution provide  that  no  exemption  under  this
    7  section  shall be applicable within its jurisdiction with respect to any
    8  solar or wind energy system or  farm  waste  energy  system  constructed
    9  subsequent  to  January first, nineteen hundred ninety-one or the effec-
   10  tive date of such local  law,  ordinance  or  resolution,  whichever  is
   11  later.  A  copy  of any such local law or resolution shall be filed with
   12  the commissioner and with the president of the authority.
   13    9. (a) A county, city, town, village  or  school  district,  except  a
   14  school  district  under article fifty-two of the education law, that has
   15  not acted to remove the exemption under this  section  may  require  the
   16  owner  of  a property which includes a solar or wind energy system which
   17  meets the requirements of subdivision four of  this  section,  to  enter
   18  into a contract for payments in lieu of taxes. Such contract may require
   19  annual  payments  in  an  amount  not  to exceed the amounts which would
   20  otherwise be payable but for the exemption under this section.
   21    (b) The payment in lieu of a tax agreement shall  not  operate  for  a
   22  period  of more than fifteen years, commencing in each instance from the
   23  date on which the benefits of such exemption first become available  and
   24  effective.]
   25    S 2. This act shall take effect immediately.