[Adopted 4-8-2019 by L.L. No. 2-2019]
This article shall be known as "A Local Law Requiring Payment in Lieu of Tax (PILOT) Agreements for Solar Energy Systems Located or Installed Within the Town of Hoosick."
This article is adopted to ensure that the benefits of solar energy resource are available to residents of the Town of Hoosick by promoting the installation of solar-energy-generating equipment through a payment in lieu of taxes (PILOT), granting reduced costs to system developers and energy consumers, and providing a revenue stream to local communities.
This article is adopted under the authority granted by:
A. 
Article IX of the New York State Constitution, § 2(c)(8);
B. 
New York Statute of Local Governments, § 10, Subdivision 5;
C. 
New York Municipal Home Rule Law, § 10, Subdivisions 1(i) and (ii) and 1a(8); and
D. 
New York Real Property Tax Law § 487, Subdivision 9.
As used in this article, the following terms shall have the meanings indicated:
AC
Alternating current.
CAPACITY
The manufacturer's nameplate capacity of the solar energy system as measured in kilowatts (kW) or megawatts (MW) AC.
OWNER
The owner of the property on which a solar energy system is located or installed, or their lessee, licensee or other person authorized to install and operate a solar energy system on the property.
RESIDENTIAL SOLAR ENERGY SYSTEMS
A Tier 1 or Tier 2 solar energy system, as that term is defined in Chapter 247, Land Use, of the Code of the Town of Hoosick, with an approved generating capacity less than 50 kW AC in size, approved and installed on the roof, walls or otherwise upon the property of a residential dwelling (including multifamily dwellings), and designed to serve that dwelling.
SOLAR ENERGY EQUIPMENT
Collectors, controls, energy storage devices, heat pumps and pumps, heat exchangers, windmills, and other materials, hardware or equipment necessary to the process by which solar radiation is collected; converted into another form of energy such as thermal, electrical, mechanical or chemical; stored; protected from unnecessary dissipation; and distributed. 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 include insulated glazing or insulation to the extent that such materials exceed the energy efficiency standards required by New York law.
SOLAR ENERGY SYSTEM
An arrangement or combination of solar energy equipment designed to provide heating, cooling, hot water, or mechanical, chemical, or electrical energy by the collection of solar energy and its conversion, storage, protection and distribution.
A. 
The owner of a property on which a Solar Energy System is located or installed (including any improvement, reconstruction, or replacement thereof), shall enter into a PILOT agreement with the Town of Hoosick and, as may be applicable, the County of Rensselaer and the Hoosick Falls Central School District, consistent with the terms of this article and any intermunicipal agreements by and between the Town of Hoosick, the County of Rensselaer and the Hoosick Falls Central School District, except for:
(1) 
Residential solar energy systems; and
(2) 
Solar energy systems that do not seek or qualify for an exemption from real property taxes pursuant to Real Property Tax Law § 487, Subdivision 4, as the same may be amended, superseded or replaced.
B. 
The lessee or licensee of any owner of a property required to enter into a PILOT agreement by this section which owns, controls or operates the solar energy system may enter into the PILOT agreement on behalf of the owner of the property.
C. 
Any owner or developer of a solar energy system that meets the requirements under Real Property Tax Law § 487, Subdivision 4, must notify the Town of Hoosick Town Assessor via certified mail of its intent to construct a solar energy system. Such notice must be sent to: Town Assessor, Town of Hoosick, PO Box 17, Hoosick Falls, NY 12090. Upon receipt of such notification from an owner, developer or other person of intent to install a solar energy system, said Assessor or his or her designee shall immediately, but in no case more than 60 days after receipt of the notification, notify the owner, developer or other person by certified mail of the mandatory requirement for a PILOT agreement pursuant to the terms of this article.
D. 
In the event of the failure of an owner, developer or other person of a solar energy system to provide the Town of Hoosick with the 60 days' notice of intent to install such solar energy system as required by the foregoing Subsection C, the Town may, at its option, require the owner, developer or other person to enter into a PILOT agreement for the full amount of the real property taxes that would otherwise be due but for the real property tax exemption authorized by Real Property Tax Law § 487.
E. 
The failure or refusal of an owner, developer or other person of a solar energy system to enter into and execute a PILOT agreement with the Town of Hoosick as required by this article shall result in the real property on which such solar energy system is situated being ineligible for the real property tax exemption authorized by Real Property Tax Law § 487.
F. 
Nothing in this article shall exempt any requirement for compliance with state and local building, zoning or other construction codes for the installation of any solar energy equipment or a solar energy system, or authorize the installation of any solar energy equipment or a solar energy system. All solar energy systems must file a real property tax exemption application pursuant to Real Property Tax Law § 487 to receive a tax exemption.
Should any provision of this article be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this article as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
This article shall be effective upon its filing with the Secretary of State in accordance with the Municipal Home Rule Law and shall apply to all solar energy systems constructed within the Town of Hoosick.