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Assembly Bill A8254

2023-2024 Legislative Session

Relates to the ability of a taxing jurisdiction to opt out of the exemption from taxation for certain energy systems

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Archive: Last Bill Status - In Assembly Committee

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2023-A8254 (ACTIVE) - Details

Current Committee:
Assembly Real Property Taxation
Law Section:
Real Property Tax Law
Laws Affected:
Amd §487, RPT L
Versions Introduced in 2025-2026 Legislative Session:
A3828

2023-A8254 (ACTIVE) - Summary

Provides that a taxing jurisdiction which has opted out of the exemption from taxation for certain energy systems may not offer the exemption for specific or single projects; requires that a jurisdiction which changes its status relating to the exemption must do so within 120 days prior to the taxable status date; provides that such change shall be valid for one year.

2023-A8254 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8254
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 15, 2023
                                ___________
 
 Introduced  by  M. of A. GRAY -- read once and referred to the Committee
   on Real Property Taxation
 
 AN ACT to amend the real property tax law, in relation to the ability of
   a taxing jurisdiction to opt out of the 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:
 
   Section 1. Paragraph (a) of subdivision 8 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:
   (a) 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 either (i) 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
 which began construction subsequent to January first,  nineteen  hundred
 ninety-one  or the effective date of such local law, ordinance or resol-
 ution, whichever is later, and/or (ii)  that  no  exemption  under  this
 section  shall be applicable within its jurisdiction with respect to any
 micro-hydroelectric energy system, fuel cell electric generating system,
 micro-combined heat and  power  generating  equipment  system,  electric
 energy  storage  equipment  or  electric energy storage system, or fuel-
 flexible linear generator electric generating system constructed  subse-
 quent  to  January first, two thousand eighteen or the effective 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.   A TAXING  JURISDICTION  WHICH
 HAS OPTED NOT TO PROVIDE THE EXEMPTION AUTHORIZED BY THIS SECTION PURSU-
 ANT  TO  THE PROVISIONS OF THIS PARAGRAPH MAY NOT SUBSEQUENTLY  GRANT AN
 EXEMPTION FOR A SINGLE OR SPECIFIC ENERGY SYSTEM INSTALLATION OR  DEVEL-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13548-01-3

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