It is the intent of this article to remove the exemption from
Town taxation contained in New York State Real Property Tax Law (RPTL)
§ 487 for certain energy systems. This section grants a
fifteen-year exemption from real property taxation on the increase
in assessed value attributable to the construction of said systems.
As such, and because the Town is substantially residential, the Town
Board seeks to protect the Town's tax base by the adoption of this
article.
This article is adopted pursuant to RPTL § 487, Subdivision
(8)(a), which provides that a county, city, town or village may, by
local law, provide that no exemption under this section shall be applicable
within its jurisdiction.
Pursuant to this article, the exemption provided by RPTL § 487
is hereby removed for the purposes of Town taxation, and no such exemption
shall be granted with respect to any solar or wind energy system,
farm waste energy system, micro-hydroelectric energy system, fuel
electric energy storage equipment and electric energy storage system,
or fuel-flexible linear generator electric generating system which
began construction subsequent to the date of legislative effect (January
1, 1991) or the effective date of such local law, whichever is later.
Further, the Town opts out of this exemption for any other type of
energy system that may be incorporated in RPTL § 487, unless
a local law to the contrary is adopted.
Pursuant to 6 NYCRR 617.5(26) and (33), this article is classified
as a Type II action which requires no further review under the State
Environmental Quality Review Act.
If a court of competent jurisdiction determines that any clause,
sentence, paragraph, subdivision, or part of this article or the application
thereof to any person, firm or corporation, or circumstance is invalid
or unconstitutional, the court's order or judgment shall not affect,
impair, or invalidate the remainder of this article, but shall be
confined in its operation to the clause, sentence, paragraph, subdivision,
or part of this article or in its application to the person, individual,
firm or corporation or circumstance directly involved in the controversy
in which such judgment or order shall be rendered.
This article shall be effective immediately upon filing with
the Commissioner of the New York State Department of Taxation and
Finance, the President of the New York State Energy Research and Development
Authority, and the Secretary of State as may be necessary.