Bill Text: NY S04750 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to the exemption from taxation for micro-hydroelectric energy systems, fuel cell electric generating systems, or micro-combined heat and power generating equipment systems.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 0000-00-00 - [S04750 Detail]

Download: New_York-2015-S04750-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4750
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    April 15, 2015
                                      ___________
       Introduced  by  Sen.  GRIFFO -- 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 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. The section heading and subdivisions 2, 3 and 4 of section
    2  487 of the real property tax law, as amended by chapter 515 of the  laws
    3  of 2002, are amended to read as follows:
    4    Exemption  from  taxation for certain [solar or wind energy systems or
    5  farm waste] energy systems.
    6    2. Real property which includes a solar or wind  energy  system  [or],
    7  farm  waste  energy system, MICRO-HYDROELECTRIC ENERGY SYSTEM, FUEL CELL
    8  ELECTRIC GENERATING SYSTEM, OR MICRO-COMBINED HEAT AND POWER  GENERATING
    9  EQUIPMENT  SYSTEM  approved  in  accordance  with the provisions of this
   10  section shall be exempt from taxation to the extent of any  increase  in
   11  the value thereof by reason of the inclusion of such solar or wind ener-
   12  gy  system  [or],  farm  waste energy system, MICRO-HYDROELECTRIC ENERGY
   13  SYSTEM, FUEL CELL ELECTRIC GENERATING SYSTEM, OR MICRO-COMBINED HEAT AND
   14  POWER GENERATING EQUIPMENT SYSTEM for a period of fifteen years.  When a
   15  solar or wind energy system or components thereof [or], farm waste ener-
   16  gy system, MICRO-HYDROELECTRIC ENERGY SYSTEM, FUEL CELL ELECTIC GENERAT-
   17  ING SYSTEM, OR MICRO-COMBINED HEAT AND POWER GENERATING EQUIPMENT SYSTEM
   18  also serve as part of the building  structure,  the  increase  in  value
   19  which shall be exempt from taxation shall be equal to the assessed value
   20  attributable to such system or components multiplied by the ratio of the
   21  incremental  cost of such system or components to the total cost of such
   22  system or components.
   23    3. The president of the authority shall provide definitions and guide-
   24  lines for the eligibility for exemption of the  solar  and  wind  energy
   25  equipment  and  systems  [and], farm waste energy equipment and systems,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04869-02-5
       S. 4750                             2
    1  MICRO-HYDROELECTRIC EQUIPMENT AND SYSTEMS, FUEL CELL ELECTRIC GENERATING
    2  EQUIPMENT AND SYSTEMS, AND  MICRO-COMBINED  HEAT  AND  POWER  GENERATING
    3  EQUIPMENT  AND SYSTEMS described in paragraphs (a) [and], (b), (E), (F),
    4  (G), (H), (I), (J), (K) AND (L) of subdivision one of this section.
    5    4.  No  solar  or  wind  energy system [or], farm waste energy system,
    6  MICRO-HYDROELECTRIC ENERGY SYSTEM, FUEL CELL ELECTRIC GENERATING SYSTEM,
    7  OR MICRO-COMBINED HEAT AND POWER GENERATING EQUIPMENT  SYSTEM  shall  be
    8  entitled  to  any exemption from taxation under this section unless such
    9  system meets the guidelines set by the president of  the  authority  and
   10  all other applicable provisions of law.
   11    S  2.  Subdivision  1  of  section 487 of the real property tax law is
   12  amended by adding six new paragraphs (g), (h), (i), (j), (k) and (l)  to
   13  read as follows:
   14    (G)  "MICRO-HYDROELECTRIC  ENERGY  EQUIPMENT" MEANS ANY ENERGY STORAGE
   15  DEVICE, PENSTOCK, TURBINE, GENERATOR AND OTHER MATERIALS,  HARDWARE  AND
   16  EQUIPMENT  NECESSARY TO THE PROCESS BY WHICH THE FLOW OF STREAM OR RIVER
   17  WATER OR WATER FROM OTHER WATER BODIES IS (I) CONVERTED INTO  ELECTRICAL
   18  ENERGY;  (II) PROTECTED FROM UNNECESSARY DISSIPATION; AND (III) DISTRIB-
   19  UTED. IT DOES NOT INCLUDE PIPES, CONTROLS, INSULATION OR OTHER EQUIPMENT
   20  WHICH ARE PART OF THE NORMAL HEATING, COOLING, OR INSULATION SYSTEM OF A
   21  BUILDING. IT DOES NOT INCLUDE INSULATED GLAZING  OR  INSULATION  TO  THE
   22  EXTENT THAT SUCH MATERIALS EXCEED THE ENERGY EFFICIENCY STANDARDS ESTAB-
   23  LISHED BY LAW.
   24    (H) "MICRO-HYDROELECTRIC ENERGY SYSTEM" MEANS AN ARRANGEMENT OR COMBI-
   25  NATION OF MICRO-HYDROELECTRIC ENERGY EQUIPMENT DESIGNED TO PROVIDE ELEC-
   26  TRICAL  ENERGY  BY  THE USE OF FLOWING WATER. IT DOES NOT INCLUDE PIPES,
   27  CONTROLS, INSULATION OR OTHER EQUIPMENT WHICH ARE  PART  OF  THE  NORMAL
   28  HEATING,  COOLING,  OR  INSULATION  SYSTEM  OF  A  BUILDING. IT DOES NOT
   29  INCLUDE INSULATED GLAZING OR INSULATION TO THE EXTENT THAT SUCH  MATERI-
   30  ALS EXCEED THE ENERGY EFFICIENCY STANDARDS ESTABLISHED BY LAW.
   31    (I)  "FUEL  CELL  ELECTRIC  GENERATING EQUIPMENT" MEANS A SOLID OXIDE,
   32  MOLTEN CARBONATE, PROTON EXCHANGE MEMBRANE OR PHOSPHORIC ACID FUEL  CELL
   33  WITH  A COMBINED RATED CAPACITY OF NOT MORE THAN TWO THOUSAND KILOWATTS.
   34  IT DOES NOT INCLUDE INSULATED GLAZING OR INSULATION TO THE  EXTENT  THAT
   35  SUCH  MATERIALS  EXCEED  THE  ENERGY EFFICIENCY STANDARDS ESTABLISHED BY
   36  LAW.
   37    (J) "FUEL CELL ELECTRIC GENERATING SYSTEM"  MEANS  AN  ARRANGEMENT  OR
   38  COMBINATION  OF  EQUIPMENT DESIGNED TO PRODUCE ELECTRICAL ENERGY THROUGH
   39  REACTION OF CHEMICALS, INCLUDING BUT NOT LIMITED  TO  HYDROGEN,  OXYGEN,
   40  METHANE AND NATURAL GAS.
   41    (K)  "MICRO-COMBINED  HEAT  AND  POWER  GENERATING EQUIPMENT" MEANS AN
   42  INTEGRATED, COGENERATING BUILDING HEATING AND  ELECTRICAL  POWER  GENER-
   43  ATION  SYSTEM,  OPERATING ON ANY FUEL AND OF ANY APPLICABLE ENGINE, FUEL
   44  CELL OR OTHER TECHNOLOGY WITH A RATED CAPACITY OF AT LEAST ONE  KILOWATT
   45  AND NOT MORE THAN TEN KILOWATTS ELECTRIC AND ANY THERMAL OUTPUT THAT HAS
   46  A  DESIGN  TOTAL FUEL USE EFFICIENCY IN THE PRODUCTION OF HEAT AND ELEC-
   47  TRICITY OF NOT LESS THAN EIGHTY PERCENT, AND ANNUALLY PRODUCES AT  LEAST
   48  TWO  THOUSAND KILOWATT HOURS OF USEFUL ENERGY IN THE FORM OF ELECTRICITY
   49  THAT MAY WORK IN COMBINATION WITH SUPPLEMENTAL OR PARALLEL  CONVENTIONAL
   50  HEATING SYSTEMS, THAT IS MANUFACTURED, INSTALLED AND OPERATED IN ACCORD-
   51  ANCE   WITH  APPLICABLE  GOVERNMENT  AND  INDUSTRY  STANDARDS,  THAT  IS
   52  CONNECTED TO THE ELECTRIC SYSTEM AND OPERATED  IN  CONJUNCTION  WITH  AN
   53  ELECTRIC CORPORATION'S TRANSMISSION AND DISTRIBUTION FACILITIES. IT DOES
   54  NOT  INCLUDE  PIPES,  CONTROLS,  INSULATION OR OTHER EQUIPMENT WHICH ARE
   55  PART OF THE NORMAL HEATING, COOLING, OR INSULATION SYSTEM OF A BUILDING.
   56  IT DOES NOT INCLUDE INSULATED GLAZING OR INSULATION TO THE  EXTENT  THAT
       S. 4750                             3
    1  SUCH  MATERIALS  EXCEED  THE  ENERGY EFFICIENCY STANDARDS ESTABLISHED BY
    2  LAW.
    3    (L)  "MICRO-COMBINED HEAT AND POWER GENERATING EQUIPMENT SYSTEM" MEANS
    4  AN ARRANGEMENT OR COMBINATION OF EQUIPMENT  DESIGNED  TO  PRODUCE  ELEC-
    5  TRICAL ENERGY AND HEAT FOR A BUILDING OR ASSOCIATED BUILDINGS.
    6    S  3.  Subdivision  5  of section 487 of the real property tax law, as
    7  amended by chapter 344 of the laws  of  2014,  is  amended  to  read  as
    8  follows:
    9    5. The exemption granted pursuant to this section shall only be appli-
   10  cable  to  (A) solar or wind energy systems or farm waste energy systems
   11  which are [(a)] (I) existing or constructed prior to July  first,  nine-
   12  teen  hundred eighty-eight or [(b)] (II) constructed subsequent to Janu-
   13  ary first, nineteen hundred ninety-one and prior to January  first,  two
   14  thousand  twenty-five,  AND (B) MICRO-HYDROELECTRIC ENERGY SYSTEMS, FUEL
   15  CELL ELECTRIC GENERATING  SYSTEMS,  OR  MICRO-COMBINED  HEAT  AND  POWER
   16  GENERATING EQUIPMENT SYSTEMS WHICH ARE CONSTRUCTED SUBSEQUENT TO JANUARY
   17  FIRST,  TWO  THOUSAND  SIXTEEN  AND PRIOR TO JANUARY FIRST, TWO THOUSAND
   18  TWENTY-FIVE.
   19    S 4. Paragraph (a) of subdivision 8 of section 487 of the real proper-
   20  ty tax law, as amended by chapter 344 of the laws of 2014, is amended to
   21  read as follows:
   22    (a) Notwithstanding the provisions of subdivision two of this section,
   23  a county, city, town or village may by local law or a  school  district,
   24  other than a school district to which article fifty-two of the education
   25  law  applies,  may  by  resolution  provide EITHER (I) that no exemption
   26  under this section shall be  applicable  within  its  jurisdiction  with
   27  respect  to  any solar or wind energy system or farm waste energy system
   28  which began construction subsequent to January first,  nineteen  hundred
   29  ninety-one  or the effective date of such local law, ordinance or resol-
   30  ution, whichever is later, AND/OR (II)  THAT  NO  EXEMPTION  UNDER  THIS
   31  SECTION  SHALL BE APPLICABLE WITHIN ITS JURISDICTION WITH RESPECT TO ANY
   32  MICRO-HYDROELECTRIC ENERGY SYSTEM, FUEL CELL ELECTRIC GENERATING SYSTEM,
   33  OR MICRO-COMBINED HEAT AND POWER GENERATING EQUIPMENT SYSTEM CONSTRUCTED
   34  SUBSEQUENT TO JANUARY FIRST, TWO THOUSAND SIXTEEN OR THE EFFECTIVE  DATE
   35  OF  SUCH LOCAL LAW, ORDINANCE OR RESOLUTION, WHICHEVER IS LATER.  A copy
   36  of any such local law or resolution shall be filed with the commissioner
   37  and with the president of the authority.
   38    S 5. This act shall take effect January 1, 2016.
feedback