senate Bill S2529

Amended

Exempts a homeowner from any tax increases when installing a solar energy system on their home

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 18 / Jan / 2013
    • REFERRED TO LOCAL GOVERNMENT
  • 24 / Apr / 2013
    • AMEND (T) AND RECOMMIT TO LOCAL GOVERNMENT
  • 24 / Apr / 2013
    • PRINT NUMBER 2529A
  • 04 / Jun / 2013
    • 1ST REPORT CAL.1047
  • 05 / Jun / 2013
    • 2ND REPORT CAL.
  • 10 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO LOCAL GOVERNMENT

Summary

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

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Bill Details

See Assembly Version of this Bill:
A1366
Versions:
S2529
S2529A
Legislative Cycle:
2013-2014
Current Committee:
Senate Local Government
Law Section:
Real Property Tax Law
Laws Affected:
Amd ยง487, RPT L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3409, A3544
2009-2010: S4915, A4896
2007-2008: A11203

Sponsor 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Section 8 is repealed to clarify that this tax exemption applies to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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2529

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            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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