NY State Senate Bill 2023-S8794

Senate Bill S8794

2023-2024 Legislative Session

Excludes certain solar or wind energy projects in the county of Lewis from certain appraisal models and discount rates

download bill text pdf

Current Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 12, 2024	referred to local government

2023-S8794 (ACTIVE) - Details

See Assembly Version of this Bill:: A9546
Current Committee:: Senate Local Government
Law Section:: Real Property Taxation
Laws Affected:: Amd Part N §3, Chap 59 of 2023

2023-S8794 (ACTIVE) - Summary

Excludes solar or wind energy projects in the county of Lewis that were already in existence on the effective date of Part N of chapter 59 of the laws of 2023 from certain appraisal models and discount rates.

2023-S8794 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8794

SPONSOR: WALCZYK
 
TITLE OF BILL:

An act to amend part N of chapter 59 of the laws of 2023 amending the
real property tax law and the state administrative procedure act relat-
ing to clarifying the solar or wind energy system appraisal model, in
relation to excluding certain solar or wind energy projects in the coun-
ty of Lewis from certain appraisal models and discount rates

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would amend the last year's budget to ensure that existing
payment in lieu of tax agreements (PILOTS) on renewable energy projects
are exempt from changes in determining their value.

 
SUMMARY OF PROVISIONS:

Section 1: Amends section 3 of part N of chapter 59 of the laws of 2023
by adding a new subsection clarifying that no existing renewable energy
projects in Lewis County are to be subject to Part N of the Revenue

budget bill of 2023.

Section 2: Sets the effective date.

 
JUSTIFICATION:

Lewis County has numerous renewable energy projects. With these develop-
ments come a great deal of PILOT money for municipalities. In last
year's budget, the way these are valued changed. For almost a year,
there has been no clarification as to whether Part N applies to existing
projects or only new ones. If these changes do apply to existing
projects, the results would be devastating. Many towns in Lewis County
will have financial trouble, as the new valuation process cuts how much
these projects are worth. Some projects would see a 40% decline in
value, which hurts town budgets that depend on this consistent stream of
PILOT money. This bill clarifies that existing projects in Lewis County
are not subject to valuation changes found under Part N of last year.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Potential revenue increase for local municipalities if Part N does in
fact apply to all projects in New York.

 
EFFECTIVE DATE:
This bill shall take effect immediately.

2023-S8794 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8794
 
                             I N  S E N A T E
 
                              March 12, 2024
                                ___________
 
 Introduced  by  Sen. WALCZYK -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend part N of chapter 59 of the laws of  2023  amending  the
   real  property  tax  law  and  the  state administrative procedure act
   relating to clarifying the  solar  or  wind  energy  system  appraisal
   model,  in relation to excluding certain solar or wind energy projects
   in the county of Lewis from  certain  appraisal  models  and  discount
   rates
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3 of part N of chapter  59  of  the  laws  of  2023
 amending  the  real property tax law and the state administrative proce-
 dure act  relating  to  clarifying  the  solar  or  wind  energy  system
 appraisal model, is amended to read as follows:
   §  3.  1.  No  assessing  unit  that failed to use the appraisal model
 pursuant to section 575-b of the real property tax law in 2022 shall  be
 held  liable  for failing to use such model in 2022. Within fifteen days
 from the effective date of this act, the commissioner  of  taxation  and
 finance  may  readopt  the  2022  appraisal model or models and discount
 rates for use in 2023, without additional consultation with the New York
 state energy research and development authority or the  New  York  state
 assessors  association, and without soliciting or considering additional
 public comments.
   2. THE APPRAISAL MODEL OR MODELS AND DISCOUNT RATES DEVELOPED PURSUANT
 TO SECTION 575-B OF THE REAL PROPERTY TAX LAW SHALL  NOT  APPLY  TO  THE
 ASSESSED  VALUE  FOR  ANY SOLAR OR WIND ENERGY PROJECTS IN THE COUNTY OF
 LEWIS ALREADY IN EXISTENCE ON THE EFFECTIVE DATE OF THIS ACT.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have  been  in  full force and effect on and after the effective date of
 part N of chapter 59 of the laws of 2023.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14723-01-4

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