[Amended 5-25-2022 by L.L. No. 2-2022]
Effective January 1, 2018, Real Property Tax Law § 487
provides a real property tax exemption for solar or wind energy systems,
farm waste energy systems, micro-hydroelectric energy systems, fuel
cell electric generating systems, micro-combined heat and power generating
equipment systems, electric energy storage equipment and electric
energy storage systems, or fuel-flexible linear generator electric
generating systems unless such system meets the guidelines set by
the president of the authority and all other applicable provisions
of law.
As used in this article, the following terms shall have the
meanings indicated:
ELECTRIC ENERGY STORAGE EQUIPMENT
A set of technologies capable of storing electric energy
and releasing that energy as electric power at a later time. Electric
energy storage technologies may store energy as potential, kinetic,
chemical or thermal energy which can be released as electric power
and include, but are not limited to, various types of batteries, flywheels,
electrochemical capacitors, compressed air storage and thermal storage
devices.
ELECTRIC ENERGY STORAGE SYSTEM
An arrangement or combination of equipment designed to store
electrical energy in electric energy storage equipment and release
electric power at a later time.
FUEL CELL ELECTRIC GENERATING EQUIPMENT
A solid oxide, molten carbonate, proton exchange membrane
or phosphoric acid fuel cell with a combined rated capacity of not
more than 2,000 kilowatts. It does not include insulated glazing or
insulation to the extent that such materials exceed the energy efficiency
standards established by law.
FUEL CELL ELECTRIC GENERATING SYSTEM
An arrangement or combination of equipment designed to produce
electrical energy through reaction of chemicals, including but not
limited to hydrogen, oxygen, methane and natural gas.
MICRO-COMBINED HEAT AND POWER GENERATING EQUIPMENT
An integrated, cogenerating building heating and electrical
power generation system, owned, leased or operated by a residential
customer, located at such customer's premises, operating on any fuel
and of any applicable engine, fuel cell or other technology with a
rated capacity of at least one kilowatt and not more than 10 kilowatts
electric and any thermal output that has a design total fuel use efficiency
in the production of heat and electricity of not less than 80%, and
annually produces at least 2,000 kilowatt hours of useful energy in
the form of electricity that may work in combination with supplemental
or parallel conventional heating systems, that is manufactured, installed
and operated in accordance with applicable government and industry
standards, that is connected to the electric system and operated in
conjunction with an electric corporation's transmission and distribution
facilities. It does not include pipes, controls, insulation or other
equipment which is part of the normal heating, cooling, or insulation
system of a building. It does not include insulated glazing or insulation
to the extent that such materials exceed the energy efficiency standards
established by law.
MICRO-HYDROELECTRIC ENERGY EQUIPMENT
Any energy storage device, penstock, turbine, generator and
other materials, hardware and equipment necessary to the process by
which the flow of stream or river water or water from other water
bodies is 1) converted into electrical energy; 2) protected from unnecessary
dissipation; and 3) distributed. It does not include pipes, controls,
insulation or other equipment which are part of the normal heating,
cooling, or insulation system of a building. It does not include insulated
glazing or insulation to the extent that such materials exceed the
energy efficiency standards established by law.
MICRO-HYDROELECTRIC ENERGY SYSTEM
An arrangement or combination of micro-hydroelectric energy
equipment designed to provide electrical energy by the use of flowing
water. It does not include pipes, controls, insulation or other equipment
which are part of the normal heating, cooling, or insulation system
of a building. It does not include insulated glazing or insulation
to the extent that such materials exceed the energy efficiency standards
established by law.
[Amended 5-25-2022 by L.L. No. 2-2022]
No exemption under New York Real Property Tax Law § 487
shall be applicable within the Town of Lyons with respect to any solar
or wind energy systems, farm waste energy systems, micro-hydroelectric
energy systems, fuel cell electric generating systems, micro-combined
heat and power generating equipment systems, electric energy storage
equipment and electric energy storage systems, or fuel-flexible linear
generator electric generating systems which began construction subsequent
to January 1, 1991, or the effective date of this article, ordinance
or resolution, whichever is later, and/or that no exemption under
this section shall be applicable within the Town of Lyons with respect
to any micro-hydroelectric energy system, fuel cell electric generating
system, micro-combined heat and power generating equipment system,
electric energy storage equipment or electric energy storage system,
or fuel-flexible linear generator electric generating system constructed
subsequent to January 1, 2018, or the effective date of this article,
ordinance or resolution, whichever is later.
A copy of this article shall be filed with the New York State
Commissioner of Taxation and Finance and with the President of the
New York State Energy Research and Development Authority, as required
under New York State Real Property Tax Law § 487, Subdivision
8(a).