S T A T E O F N E W Y O R K
________________________________________________________________________
4239
2023-2024 Regular Sessions
I N S E N A T E
February 6, 2023
___________
Introduced by Sen. O'MARA -- 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 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 section 1 of part X of chapter 59 of the laws of 2021, 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
thirty, and (b) micro-hydroelectric energy systems, fuel cell electric
generating systems, micro-combined heat and power generating equipment
systems, electric energy storage equipment or electric energy storage
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 thirty, AND (C) ALL SYSTEMS
DESCRIBED IN PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION WHOSE STANDALONE
OR COMBINED GENERATION CAPACITY DOES NOT EXCEED TWENTY KILOWATTS 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 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.
§ 3. Subdivision 9 of section 487 of the real property tax law is
amended by adding a new paragraph (d) to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08790-01-3
S. 4239 2
(D) 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.