[Adopted 2-7-2017 by L.L.
No. 4-2017; amended in its entirety 2-6-2018 by L.L. No. 1-2018]
This article amends Local Law No. 4 of 2017, which opted out
solar, wind and farm waste energy systems from property tax exemption,
by also opting out micro-hydroelectric energy systems, fuel cell electric
generating systems, micro-combined heat and power generating equipment
systems, or electric energy storage equipment or electric energy storage
systems which were added to New York State Real Property Tax Law § 487
by Chapter 336 of the New York State Laws of 2017.
This article uses the definitions set forth in New York State
Real Property Tax Law § 487 and as amended by Chapter 336
of the New York State Laws of 2017.
As provided by New York State Real Property Tax Law § 487(8)(a),
as amended by Chapter 336 of the New York State Laws of 2017, in addition
to solar, wind and farm waste energy systems, no exemption shall be
applicable within the Town of Guilderland with respect to micro-hydroelectric
energy systems fuel cell electric generating systems, micro-combined
heat and power generating equipment systems, or electric energy storage
equipment or electric energy storage systems which began construction
as of the effective date of this article.
The provisions of this article are separable, and if any provision,
clause, sentence, subsection, word or part thereof is held illegal,
invalid, unconstitutional, or inapplicable to any person or circumstance,
such illegality, invalidity or unconstitutionality or inapplicability
shall not affect or impair any of the remaining provisions, clauses,
sentences, subsections, words, or parts of this article or their application
to other persons or circumstances.
A copy of this article shall be filed with the Commissioner
of the New York State Department of Taxation and Finance and the President
of the New York State Energy Research and Development Authority.
