S T A T E O F N E W Y O R K
________________________________________________________________________
2475--A
2025-2026 Regular Sessions
I N S E N A T E
January 21, 2025
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations -- recommitted to the Committee on Energy and Telecommuni-
cations in accordance with Senate Rule 6, sec. 8 -- reported favorably
from said committee and 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 public service law and the real property tax law, in
relation to establishing an exemption from taxation for energy-related
public utility real property related to attaining state climate goals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public service law is amended by adding a new section
28 to read as follows:
§ 28. UTILITY TAX EXEMPTION FOR ENERGY-RELATED PUBLIC UTILITY REAL
PROPERTY RELATED TO ATTAINING STATE CLIMATE GOALS. 1. THE DEPARTMENT IS
AUTHORIZED AND DIRECTED TO CONSULT WITH THE COMMISSIONER OF TAXATION AND
FINANCE IN DEVELOPING DEFINITIONS AND GUIDELINES FOR THE ELIGIBILITY FOR
EXEMPTION OF ENERGY-RELATED PUBLIC UTILITY REAL PROPERTY AS DESCRIBED IN
SUBDIVISIONS TWO AND THREE OF SECTION FOUR HUNDRED EIGHTY-SEVEN-B OF THE
REAL PROPERTY TAX LAW. NO ENERGY-RELATED PUBLIC UTILITY REAL PROPERTY
SHALL BE ENTITLED TO ANY EXEMPTION FROM TAXATION UNDER SECTION FOUR
HUNDRED EIGHTY-SEVEN-B OF THE REAL PROPERTY TAX LAW UNLESS SUCH PROJECT
MEETS THE GUIDELINES SET BY THE COMMISSIONER OF TAXATION AND FINANCE IN
CONSULTATION WITH THE DEPARTMENT.
2. THE DEPARTMENT SHALL ENSURE THAT ANY NET DECREASE IN A UTILITY
COMPANY'S REAL PROPERTY TAX EXPENSE RESULTING FROM THE PROVISIONS OF
SECTION FOUR HUNDRED EIGHTY-SEVEN-B OF THE REAL PROPERTY TAX LAW SHALL
INURE TO THE BENEFIT OF THE RATEPAYERS OF SUCH COMPANY.
§ 2. The real property tax law is amended by adding a new section
487-b to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00111-02-6
S. 2475--A 2
§ 487-B. EXEMPTION FROM TAXATION FOR ENERGY-RELATED PUBLIC UTILITY
REAL PROPERTY RELATED TO ATTAINING STATE CLIMATE GOALS. 1. AS USED IN
THIS SECTION:
(A) "ENERGY-RELATED PUBLIC UTILITY REAL PROPERTY" MEANS REAL PROPERTY
THAT IS OWNED BY A UTILITY CORPORATION AND USED IN THE STORAGE, TRANS-
MISSION AND DISTRIBUTION OF ELECTRICITY, OR STEAM INCLUDING CONDUITS,
CABLES, LINES, WIRES, POLES, MAINS, PIPES, SUBSTATIONS, TANKS, SUPPORTS
AND ENCLOSURES FOR ELECTRICAL CONDUCTORS LOCATED ON, ABOVE AND BELOW
REAL PROPERTY.
(B) "DEPARTMENT" MEANS THE DEPARTMENT OF PUBLIC SERVICE.
(C) "UTILITY CORPORATION" SHALL HAVE THE SAME MEANING AS DEFINED IN
SECTION TWO OF THE PUBLIC SERVICE LAW.
(D) "STATE CLIMATE GOALS" SHALL MEAN THE CLIMATE JUSTICE AND EMISSION
REDUCTION GOALS IN ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL CONSERVA-
TION LAW AND THE RENEWABLE ENERGY GOALS IN SECTION SIXTY-SIX-P OF THE
PUBLIC SERVICE LAW.
2. ENERGY-RELATED PUBLIC UTILITY REAL PROPERTY, THE PRIMARY PURPOSE OF
WHICH IS TO AID IN MEETING STATE CLIMATE GOALS, SHALL BE EXEMPT FROM
TAXATION, EXCEPT SCHOOL DISTRICT TAX LEVIES. SUCH EXEMPTION SHALL REMAIN
IN EFFECT UNTIL SUCH ENERGY-RELATED PUBLIC UTILITY REAL PROPERTY IS
RETIRED AND REMOVED FROM SERVICE.
3. ENERGY-RELATED PUBLIC UTILITY REAL PROPERTY OWNED BY A UTILITY
CORPORATION PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, THE PRIMA-
RY PURPOSE OF WHICH IS TO AID IN MEETING STATE CLIMATE GOALS, SHALL BE
EXEMPT FROM TAXATION, EXCEPT SCHOOL DISTRICT TAX LEVIES, TO THE EXTENT
OF ANY INCREASE IN THE VALUE THEREOF BY REASON OF THE INCLUSION OF NEW
ENERGY-RELATED PUBLIC UTILITY REAL PROPERTY DESIGNED TO MEET STATE
CLIMATE GOALS. SUCH EXEMPTION SHALL REMAIN IN EFFECT UNTIL SUCH ASSETS
OR INSTALLATIONS ARE RETIRED AND REMOVED FROM SERVICE.
4. THE COMMISSIONER, IN CONSULTATION WITH THE DEPARTMENT, SHALL, AFTER
NOTICE AND OPPORTUNITY FOR PUBLIC COMMENT, PROVIDE DEFINITIONS AND
GUIDELINES FOR THE ELIGIBILITY FOR EXEMPTION OF ENERGY-RELATED PUBLIC
UTILITY REAL PROPERTY DESCRIBED IN SUBDIVISIONS TWO AND THREE OF THIS
SECTION. NO ENERGY-RELATED PUBLIC UTILITY REAL PROPERTY SHALL BE ENTI-
TLED TO ANY EXEMPTION FROM TAXATION UNDER THIS SECTION UNLESS SUCH
PROJECT MEETS THE GUIDELINES SET BY THE COMMISSIONER, IN CONSULTATION
WITH THE DEPARTMENT, AND ALL OTHER APPLICABLE PROVISIONS OF LAW. THE
COMMISSIONER, IN CONSULTATION WITH THE DEPARTMENT, SHALL DETERMINE
ADHERENCE TO SUCH DEFINITIONS AND GUIDELINES FOR EACH APPLICATION AND
SHALL CERTIFY OR WITHHOLD CERTIFICATION FOR EACH APPLICATION.
5. SUCH EXEMPTION SHALL BE GRANTED UPON APPLICATION BY THE OWNER AND
CERTIFICATION BY THE COMMISSIONER, IN CONSULTATION WITH THE DEPARTMENT.
SUCH APPLICATION BY THE OWNER OF THE ENERGY-RELATED PUBLIC UTILITY REAL
PROPERTY SHALL BE ON A FORM PRESCRIBED AND MADE AVAILABLE BY THE COMMIS-
SIONER, IN CONSULTATION WITH THE DEPARTMENT. THE APPLICANT SHALL FURNISH
SUCH INFORMATION AS THE COMMISSIONER SHALL REQUIRE. THE APPLICATION
SHALL BE FILED WITH THE ASSESSOR OF THE APPROPRIATE COUNTY, CITY, TOWN
OR VILLAGE HAVING THE POWER TO ASSESS PROPERTY FOR TAXATION ON OR BEFORE
THE TAXABLE STATUS DATE OF SUCH COUNTY, CITY, TOWN OR VILLAGE. A COPY OF
SUCH APPLICATION SHALL BE FILED WITH THE COMMISSIONER WHO SHALL PROVIDE
IT TO THE DEPARTMENT.
6. THE ASSESSOR SHALL APPROVE APPLICATIONS CERTIFIED BY THE COMMIS-
SIONER. IN THE EVENT THAT ENERGY-RELATED PUBLIC UTILITY REAL PROPERTY
GRANTED AN EXEMPTION PURSUANT TO THIS SECTION CEASES TO BE USED PRIMARI-
LY FOR ELIGIBLE PURPOSES, THE EXEMPTION GRANTED PURSUANT TO THIS SECTION
SHALL CEASE.
S. 2475--A 3
7. ANY NET DECREASE IN A UTILITY COMPANY'S REAL PROPERTY TAX EXPENSE
RESULTING FROM THE PROVISIONS OF THIS SECTION SHALL INURE TO THE BENEFIT
OF THE RATEPAYERS OF SUCH COMPANY.
§ 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall apply to
taxable years beginning on or after such date. Effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.