S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    701
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by M. of A. CARROLL, DINOWITZ, COLTON, EPSTEIN, SIMON, HYND-
   MAN -- Multi-Sponsored by -- M. of A. DAVILA -- read once and referred
   to the Committee on Real Property Taxation
 
 AN ACT to amend the real property tax law, in relation  to  providing  a
   tax  abatement for geothermal well systems in cities of one million or
   more

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  title  heading of title 4-C of article 4 of the real
 property tax law, as amended by chapter 412 of  the  laws  of  2018,  is
 amended to read as follows:
               SOLAR ELECTRIC GENERATING SYSTEM, GEOTHERMAL
             WELL SYSTEM AND ELECTRIC ENERGY STORAGE EQUIPMENT
   TAX ABATEMENT FOR CERTAIN PROPERTIES IN A CITY OF ONE MILLION OR MORE
                                  PERSONS
   § 2. Subdivisions 2 and 8 of section 499-aaaa of the real property tax
 law,  as  amended  by chapter 412 of the laws of 2018, are amended and a
 new subdivision 12 is added to read as follows:
   2. "Application for tax abatement" shall mean  an  application  for  a
 solar  electric  generating  system,  GEOTHERMAL WELL SYSTEM or electric
 energy storage equipment tax abatement pursuant to section four  hundred
 ninety-nine-cccc of this title.
   8. "Eligible solar electric generating system expenditures", "ELIGIBLE
 GEOTHERMAL WELL SYSTEM EXPENDITURES" and "eligible electric energy stor-
 age equipment expenditures" shall mean reasonable expenditures for mate-
 rials,  labor  costs properly allocable to on-site preparation, assembly
 and original installation, architectural and engineering  services,  and
 designs  and  plans directly related to the construction or installation
 of a solar electric generating system, GEOTHERMAL WELL SYSTEM  or  elec-
 tric  energy  storage equipment installed in connection with an eligible
 building. Such eligible expenditures shall not include interest or other

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01048-01-3
              

 A. 701                              2
 
 finance charges, or any expenditures incurred using a federal, state  or
 local grant.
   12.  "GEOTHERMAL  WELL  SYSTEM"  MEANS A SYSTEM WHICH USES THE EARTH'S
 NATURAL TEMPERATURE UNDER THE GROUND TO HEAT AND/OR COOL A BUILDING.
   § 3. Paragraph (e) of subdivision 1 of section 499-bbbb  of  the  real
 property tax law, as amended by section 1 of item B of subpart H of part
 XXX  of  chapter  58 of the laws of 2020, is amended and a new paragraph
 (f) is added to read as follows:
   (e) if electric energy storage equipment is placed in  service  on  or
 after  January  first,  two thousand nineteen, and before January first,
 two thousand twenty-four, for each year of the  compliance  period  such
 tax  abatement  shall be the lesser of (i) ten percent of eligible elec-
 tric energy storage equipment expenditures, (ii)  the  amount  of  taxes
 payable  in  such  tax  year,  or  (iii) sixty-two thousand five hundred
 dollars[.]; OR
   (F) IF A GEOTHERMAL WELL SYSTEM IS PLACED IN SERVICE ON OR AFTER JANU-
 ARY FIRST, TWO THOUSAND TWENTY-FIVE, AND BEFORE JANUARY FIRST, TWO THOU-
 SAND TWENTY-SEVEN, FOR EACH YEAR  OF  THE  COMPLIANCE  PERIOD  SUCH  TAX
 ABATEMENT  SHALL BE THE LESSER OF (I) TEN PERCENT OF ELIGIBLE GEOTHERMAL
 WELL SYSTEM EXPENDITURES, (II) THE AMOUNT OF TAXES PAYABLE IN  SUCH  TAX
 YEAR, OR (III) SIXTY-TWO THOUSAND FIVE HUNDRED DOLLARS.
   § 4. Subdivisions 1 and 3 of section 499-cccc of the real property tax
 law,  subdivision  1  as  amended by section 2 of item B of subpart H of
 part XXX of chapter 58 of the laws of 2020 and subdivision 3 as  amended
 by chapter 412 of the laws of 2018, are amended to read as follows:
   1. To obtain a tax abatement pursuant to this title, an applicant must
 file  an  application  for tax abatement, which may be filed on or after
 January first, two thousand nine, and on or before March fifteenth,  two
 thousand  twenty-four  FOR  ELIGIBLE  SOLAR  ELECTRIC  GENERATING SYSTEM
 EXPENDITURES AND ELIGIBLE ELECTRIC ENERGY STORAGE EXPENDITURES AND ON OR
 AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, AND ON  OR  BEFORE  MARCH
 FIFTEENTH, TWO THOUSAND TWENTY-SEVEN FOR ELIGIBLE GEOTHERMAL WELL SYSTEM
 EXPENDITURES.
   3. Such application shall contain the following:
   (a)  The  name  and  address  of the applicant and the location of the
 solar electric generating system, GEOTHERMAL WELL SYSTEM or the electric
 energy storage equipment.
   (b) Proof that the applicant  received  all  required  certifications,
 permits  and  other approvals to construct the solar electric generating
 system, GEOTHERMAL WELL SYSTEM or the electric energy storage equipment.
   (c) Certifications in a form prescribed by a designated  agency,  from
 an  architect, engineer or other certified or licensed professional whom
 a designated agency designates by rule, that (i) a solar electric gener-
 ating system, GEOTHERMAL WELL SYSTEM or electric energy  storage  equip-
 ment  has been placed in service in connection with an eligible building
 in accordance with this title,  the  rules  promulgated  hereunder,  and
 local construction and fire codes, and (ii) if the solar electric gener-
 ating  system,  GEOTHERMAL WELL SYSTEM or electric energy storage equip-
 ment has been placed on the roof of a building or other structure,  that
 a structural analysis has been performed establishing that such building
 or  structure  can  sustain  the  load of such solar electric generating
 system, GEOTHERMAL WELL SYSTEM or electric energy storage equipment. All
 certifications required by this title or the rules promulgated hereunder
 shall set forth the specific findings upon which  the  certification  is
 based, and shall include information sufficient to identify the eligible
 A. 701                              3
 
 building,  the certifying engineer, architect or other professional, and
 such other information as may be prescribed by a designated agency.
   (d)  An  agreement  to  permit  a designated agency or its designee to
 inspect the solar electric generating system, GEOTHERMAL WELL SYSTEM  or
 electric  energy storage equipment and any related structures and equip-
 ment upon reasonable notice.
   (e) Any other information or certifications required by  a  designated
 agency pursuant to this title and the rules promulgated hereunder.
   §  5.  Subdivision 1 of section 499-dddd of the real property tax law,
 as amended by chapter 412 of the laws of 2018, is  amended  to  read  as
 follows:
   1.  continuing compliance during the compliance period with all appli-
 cable  provisions  of  law,  including  without  limitation  the   local
 construction  and  fire codes, maintaining the solar electric generating
 system or electric energy storage equipment in such  a  manner  that  it
 continuously  constitutes a solar electric generating system, GEOTHERMAL
 WELL SYSTEM or electric energy storage equipment within the  meaning  of
 this  title and the rules promulgated hereunder, and permitting a desig-
 nated agency or its designee to inspect the  solar  electric  generating
 system,  GEOTHERMAL WELL SYSTEM or electric energy storage equipment and
 any related structures and equipment upon reasonable notice; and
   § 6. Paragraphs (c) and (d) of subdivision 1 of  section  499-eeee  of
 the  real  property  tax  law,  as amended by chapter 412 of the laws of
 2018, are amended to read as follows:
   (c) the solar electric generating system, GEOTHERMAL  WELL  SYSTEM  or
 electric  energy storage equipment for which a tax abatement was granted
 has at any time during the compliance period failed to meet any require-
 ment for a solar electric generating system, GEOTHERMAL WELL  SYSTEM  or
 electric  energy  storage  equipment  pursuant to this title or any rule
 promulgated hereunder;
   (d) the solar electric generating system, GEOTHERMAL  WELL  SYSTEM  or
 electric  energy storage equipment has become a fire or safety hazard at
 any time during the compliance period; or
   § 7. Paragraphs (b), (c) and (d) of subdivision 2 of section  499-ffff
 of  the  real property tax law, as amended by chapter 412 of the laws of
 2018, are amended to read as follows:
   (b) to inspect solar  electric  generating  systems,  GEOTHERMAL  WELL
 SYSTEMS  or electric energy storage equipment and any related structures
 and equipment;
   (c) to establish permit or  certification  requirements  to  determine
 when  the  solar  electric  generating system, GEOTHERMAL WELL SYSTEM or
 electric energy storage equipment has been placed in  service,  such  as
 certification  by  an architect, engineer or other certified or licensed
 professional whom a designated agency designates by rule;
   (d) to establish guidance and procedures for determining or certifying
 eligible solar electric generating system,  GEOTHERMAL  WELL  SYSTEM  or
 electric energy storage equipment expenditures;
   § 8. This act shall take effect immediately.