S T A T E O F N E W Y O R K
________________________________________________________________________
2658--A
2019-2020 Regular Sessions
I N S E N A T E
January 28, 2019
___________
Introduced by Sen. O'MARA -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the real property tax law, in relation to exempting
homeowners from tax increases for certain renewable energy systems
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 5 of section 487 of the real property tax law,
as amended by chapter 325 of the laws of 2018, is amended to read as
follows:
5. The exemption granted pursuant to this section shall only be appli-
cable to (a) solar or wind energy systems or farm waste energy systems
which are (i) existing or constructed prior to July first, nineteen
hundred eighty-eight or (ii) constructed subsequent to January first,
nineteen hundred ninety-one and prior to January first, two thousand
twenty-five, and (b) micro-hydroelectric energy systems, fuel cell elec-
tric generating systems, micro-combined heat and power generating equip-
ment systems, electric energy storage equipment or electric energy stor-
age system, or fuel-flexible linear generator electric generating system
which are constructed subsequent to January first, two thousand eighteen
and prior to January first, two thousand twenty-five, AND (C) ALL
SYSTEMS DESCRIBED IN PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION WHOSE
STANDALONE OR COMBINED GENERATION CAPACITY DOES NOT EXCEED TWENTY KILO-
WATTS AND WHOSE STANDALONE OR COMBINED ELECTRIC ENERGY STORAGE CAPACITY
DOES NOT EXCEED THIRTY KILOWATT-HOURS.
§ 2. Subdivision 8 of section 487 of the real property tax law, as
amended by chapter 325 of the laws of 2018, is amended by adding a new
paragraph (c) to read as follows:
(C) THIS SUBDIVISION SHALL NOT APPLY TO EXEMPTIONS GRANTED PURSUANT TO
PARAGRAPH (C) OF SUBDIVISION FIVE OF THIS SECTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08370-05-9
S. 2658--A 2
§ 3. Subdivision 9 of section 487 of the real property tax law is
amended by adding a new paragraph (c) to read as follows:
(C) THIS SUBDIVISION SHALL NOT APPLY TO EXEMPTIONS GRANTED PURSUANT TO
PARAGRAPH (C) OF SUBDIVISION FIVE OF THIS SECTION.
§ 4. This act shall take effect immediately; provided, however, that
if chapter 325 of the laws of 2018 shall not have taken effect on or
before such date then sections one and two of this act shall take effect
on the same date and in the same manner as such chapter of the laws of
2018 takes effect.