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Senate Bill S7389

2025-2026 Legislative Session

Requires a percentage of profits to be paid to a taxing jurisdiction or land owner under certain agreements for the installation and use of solar or wind energy equipment

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Current Bill Status - In Senate Committee Local Government Committee

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2025-S7389 (ACTIVE) - Details

Current Committee:
Senate Local Government
Law Section:
Real Property Tax Law
Laws Affected:
Amd §487, RPT L; add §66-x, Pub Serv L
Versions Introduced in 2023-2024 Legislative Session:
S6201

2025-S7389 (ACTIVE) - Summary

Requires 12.5% of profits generated from a solar or wind energy system to be paid to a taxing jurisdiction or land owner under certain agreements for the installation and use of such solar or wind energy system, in addition to other PILOT or other payments required under such agreement.

2025-S7389 (ACTIVE) - Sponsor Memo

2025-S7389 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7389
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 14, 2025
                                ___________
 
 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 the real property tax law and the public service law, in
   relation to requiring a percentage of profits to be paid to  a  taxing
   jurisdiction  or land owner under certain agreements for the installa-
   tion and use of solar or wind energy systems
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 9 of section 487 of the real property tax law
 is amended by adding a new paragraph (d) to read as follows:
   (D) ANY PAYMENT IN LIEU OF TAX AGREEMENT EXECUTED UNDER THIS  SUBDIVI-
 SION  SHALL  INCLUDE  A  PROVISION THAT THE TAXING JURISDICTION SHALL BE
 ENTITLED TO RECEIVE TWELVE AND ONE-HALF PERCENT OF THE PROFITS GENERATED
 FROM THE SOLAR OR WIND ENERGY SYSTEM THAT IS THE SUBJECT OF SUCH  AGREE-
 MENT,  IN  ADDITION  TO ANY PAYMENTS IN LIEU OF TAXES OTHERWISE REQUIRED
 UNDER SUCH AGREEMENT.
   § 2. The public service law is amended by adding a new section 66-x to
 read as follows:
   § 66-X. SOLAR AND WIND LAND-LEASE AGREEMENTS.  ANY AGREEMENT  FOR  THE
 LEASE  OF LAND FOR INSTALLATION AND USE OF A SOLAR OR WIND ENERGY SYSTEM
 SHALL INCLUDE A PROVISION THAT THE OWNER OF SUCH LAND SHALL BE  ENTITLED
 TO  RECEIVE  TWELVE  AND  ONE-HALF PERCENT OF THE PROFITS GENERATED FROM
 SUCH SOLAR OR WIND ENERGY SYSTEM, IN  ADDITION  TO  ANY  OTHER  PAYMENTS
 REQUIRED  UNDER SUCH LEASE AGREEMENT.  FOR THE PURPOSES OF THIS SECTION,
 THE TERM "SOLAR OR WIND ENERGY SYSTEM" SHALL HAVE THE  SAME  MEANING  AS
 DEFINED  BY  SECTION  FOUR HUNDRED EIGHTY-SEVEN OF THE REAL PROPERTY TAX
 LAW.
   § 3. This act  shall  take  effect  immediately  and  shall  apply  to
 contracts and agreements entered into on or after such date.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05491-01-5

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