S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8558
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 23, 2019
                                ___________
 
 Introduced  by M. of A. CARROLL -- read once and referred to the Commit-
   tee on Real Property Taxation
 
 AN ACT to amend the real property tax law, in relation  to  providing  a
   tax  abatement for geothermal well systems in cities of one million or
   more
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  title  heading of title 4-C of article 4 of the real
 property tax law, as amended by chapter 412 of  the  laws  of  2018,  is
 amended to read as follows:
               SOLAR ELECTRIC GENERATING SYSTEM, GEOTHERMAL
             WELL SYSTEM AND ELECTRIC ENERGY STORAGE EQUIPMENT
   TAX ABATEMENT FOR CERTAIN PROPERTIES IN A CITY OF ONE MILLION OR MORE
                                  PERSONS
   § 2. Subdivisions 2 and 8 of section 499-aaaa of the real property tax
 law,  as  amended  by chapter 412 of the laws of 2018, are amended and a
 new subdivision 12 is added to read as follows:
   2. "Application for tax abatement" shall mean  an  application  for  a
 solar  electric  generating  system,  GEOTHERMAL WELL SYSTEM or electric
 energy storage equipment tax abatement pursuant to section four  hundred
 ninety-nine-cccc of this title.
   8. "Eligible solar electric generating system expenditures", "ELIGIBLE
 GEOTHERMAL WELL SYSTEM EXPENDITURES" and "eligible electric energy stor-
 age equipment expenditures" shall mean reasonable expenditures for mate-
 rials,  labor  costs properly allocable to on-site preparation, assembly
 and original installation, architectural and engineering  services,  and
 designs  and  plans directly related to the construction or installation
 of a solar electric generating system, GEOTHERMAL WELL SYSTEM  or  elec-
 tric  energy  storage equipment installed in connection with an eligible
 building. Such eligible expenditures shall not include interest or other
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13614-02-9
              

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 finance charges, or any expenditures incurred using a federal, state  or
 local grant.
   12.  "GEOTHERMAL  WELL  SYSTEM"  MEANS A SYSTEM WHICH USES THE EARTH'S
 NATURAL TEMPERATURE UNDER THE GROUND TO HEAT AND/OR COOL A BUILDING.
   § 3. Paragraph (e) of subdivision 1 of section 499-bbbb  of  the  real
 property  tax  law,  as  added  by  chapter  412 of the laws of 2018, is
 amended and a new paragraph (f) is added to read as follows:
   (e) if electric energy storage equipment is placed in  service  on  or
 after  January  first,  two thousand nineteen, and before January first,
 two thousand twenty-one, for each year of the compliance period such tax
 abatement shall be the lesser of (i) ten percent  of  eligible  electric
 energy  storage equipment expenditures, (ii) the amount of taxes payable
 in such tax year, or (iii) sixty-two thousand five  hundred  dollars[.];
 OR
   (F) IF A GEOTHERMAL WELL SYSTEM IS PLACED IN SERVICE ON OR AFTER JANU-
 ARY  FIRST, TWO THOUSAND TWENTY-ONE, AND BEFORE JANUARY FIRST, TWO THOU-
 SAND TWENTY-THREE, FOR EACH YEAR  OF  THE  COMPLIANCE  PERIOD  SUCH  TAX
 ABATEMENT  SHALL BE THE LESSER OF (I) TEN PERCENT OF ELIGIBLE GEOTHERMAL
 WELL SYSTEM EXPENDITURES, (II) THE AMOUNT OF TAXES PAYABLE IN  SUCH  TAX
 YEAR, OR (III) SIXTY-TWO THOUSAND FIVE HUNDRED DOLLARS.
   § 4. Subdivisions 1 and 3 of section 499-cccc of the real property tax
 law,  subdivision 1 as separately amended by chapters 327 and 412 of the
 laws of 2018 and subdivision 3 as amended by chapter 412 of the laws  of
 2018, are amended to read as follows:
   1. To obtain a tax abatement pursuant to this title, an applicant must
 file  an  application  for tax abatement, which may be filed on or after
 January first, two thousand nine, and on or before March fifteenth,  two
 thousand  twenty-one  FOR  ELIGIBLE  SOLAR  ELECTRIC  GENERATING  SYSTEM
 EXPENDITURES AND ELIGIBLE ELECTRIC ENERGY STORAGE EXPENDITURES AND ON OR
 AFTER JANUARY FIRST, TWO THOUSAND TWENTY-ONE, AND  ON  OR  BEFORE  MARCH
 FIFTEENTH, TWO THOUSAND TWENTY-THREE FOR ELIGIBLE GEOTHERMAL WELL SYSTEM
 EXPENDITURES.
   3. Such application shall contain the following:
   (a)  The  name  and  address  of the applicant and the location of the
 solar electric generating system, GEOTHERMAL WELL SYSTEM or the electric
 energy storage equipment.
   (b) Proof that the applicant  received  all  required  certifications,
 permits  and  other approvals to construct the solar electric generating
 system, GEOTHERMAL WELL SYSTEM or the electric energy storage equipment.
   (c) Certifications in a form prescribed by a designated  agency,  from
 an  architect, engineer or other certified or licensed professional whom
 a designated agency designates by rule, that (i) a solar electric gener-
 ating system, GEOTHERMAL WELL SYSTEM or electric energy  storage  equip-
 ment  has been placed in service in connection with an eligible building
 in accordance with this title,  the  rules  promulgated  hereunder,  and
 local construction and fire codes, and (ii) if the solar electric gener-
 ating  system,  GEOTHERMAL WELL SYSTEM or electric energy storage equip-
 ment has been placed on the roof of a building or other structure,  that
 a structural analysis has been performed establishing that such building
 or  structure  can  sustain  the  load of such solar electric generating
 system, GEOTHERMAL WELL SYSTEM or electric energy storage equipment. All
 certifications required by this title or the rules promulgated hereunder
 shall set forth the specific findings upon which  the  certification  is
 based, and shall include information sufficient to identify the eligible
 building,  the certifying engineer, architect or other professional, and
 such other information as may be prescribed by a designated agency.

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   (d) An agreement to permit a designated  agency  or  its  designee  to
 inspect  the solar electric generating system, GEOTHERMAL WELL SYSTEM or
 electric energy storage equipment and any related structures and  equip-
 ment upon reasonable notice.
   (e)  Any  other information or certifications required by a designated
 agency pursuant to this title and the rules promulgated hereunder.
   § 5. Subdivision 1 of section 499-dddd of the real property  tax  law,
 as  amended  by  chapter  412 of the laws of 2018, is amended to read as
 follows:
   1. continuing compliance during the compliance period with all  appli-
 cable   provisions  of  law,  including  without  limitation  the  local
 construction and fire codes, maintaining the solar  electric  generating
 system  or  electric  energy  storage equipment in such a manner that it
 continuously constitutes a solar electric generating system,  GEOTHERMAL
 WELL  SYSTEM  or electric energy storage equipment within the meaning of
 this title and the rules promulgated hereunder, and permitting a  desig-
 nated  agency  or  its designee to inspect the solar electric generating
 system, GEOTHERMAL WELL SYSTEM or electric energy storage equipment  and
 any related structures and equipment upon reasonable notice; and
   §  6.  Paragraphs  (c) and (d) of subdivision 1 of section 499-eeee of
 the real property tax law, as amended by chapter  412  of  the  laws  of
 2018, are amended to read as follows:
   (c)  the  solar  electric generating system, GEOTHERMAL WELL SYSTEM or
 electric energy storage equipment for which a tax abatement was  granted
 has at any time during the compliance period failed to meet any require-
 ment  for  a solar electric generating system, GEOTHERMAL WELL SYSTEM or
 electric energy storage equipment pursuant to this  title  or  any  rule
 promulgated hereunder;
   (d)  the  solar  electric generating system, GEOTHERMAL WELL SYSTEM or
 electric energy storage equipment has become a fire or safety hazard  at
 any time during the compliance period; or
   §  7. Paragraphs (b), (c) and (d) of subdivision 2 of section 499-ffff
 of the real property tax law, as amended by chapter 412 of the  laws  of
 2018, are amended to read as follows:
   (b)  to  inspect  solar  electric  generating systems, GEOTHERMAL WELL
 SYSTEMS or electric energy storage equipment and any related  structures
 and equipment;
   (c)  to  establish  permit  or certification requirements to determine
 when the solar electric generating system,  GEOTHERMAL  WELL  SYSTEM  or
 electric  energy  storage  equipment has been placed in service, such as
 certification by an architect, engineer or other certified  or  licensed
 professional whom a designated agency designates by rule;
   (d) to establish guidance and procedures for determining or certifying
 eligible  solar  electric  generating  system, GEOTHERMAL WELL SYSTEM or
 electric energy storage equipment expenditures;
   § 8. This act shall take effect immediately.