NY State Senate Bill 2023-S6640B

Senate Bill S6640B

Signed By Governor

2023-2024 Legislative Session

Updates and modifies the tax abatements for certain solar and electric storage systems

download bill text pdf

Current Bill Status Via A6113 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 22, 2023	signed chap.485
Sep 19, 2023	delivered to governor
Jun 07, 2023	returned to assembly passed senate 3rd reading cal.1530 substituted for s6640b
Jun 07, 2023	substituted by a6113b
Jun 01, 2023	ordered to third reading cal.1530 committee discharged and committed to rules
May 23, 2023	reported and committed to finance
May 18, 2023	print number 6640b
May 18, 2023	amend and recommit to cities 1
May 11, 2023	print number 6640a
May 11, 2023	amend and recommit to cities 1
May 03, 2023	referred to cities 1

Votes

- Jun 7, 2023 - Floor Vote
  A6113
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 7, 2023
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (2)
      
      Cooney
      
      Felder
  Jun 1, 2023 - Rules Committee Vote
  S6640B
  
  18
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 1, 2023
      
      aye (18)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (3)
      
      Helming
      
      Lanza
      
      O'Mara
  May 23, 2023 - Cities 1 Committee Vote
  S6640B
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Cities 1 Committee Vote: May 23, 2023
      
      aye (6)
      
      Cleare
      
      Comrie
      
      Jackson
      
      Persaud
      
      Rhoads
      
      Sepúlveda
      
      aye wr (1)
      
      Lanza

Bill Amendments

Original

B (Active)

2023-S6640 - Details

See Assembly Version of this Bill:: A6113
Law Section:: Real Property Tax Law
Laws Affected:: Amd §§499-aaaa, 499-bbbb & 499-cccc, RPT L

2023-S6640 - Summary

Updates and modifies the tax abatements for certain solar and electric storage systems; grants real property tax abatements for solar parking canopy structures.

2023-S6640 - Sponsor Memo

                                 
BILL NUMBER: S6640

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the real property tax law, in relation to updating and
modifying the tax abatements for certain solar and electric storage
systems

 
PURPOSE OF BILL:

To extend and enhance the solar electric generating system and electric
storage system tax abatements for New York City and provide for a tax
credit for the installation of such systems by non-profit owned and/or
income restricted affordable housing properties.

 
SUMMARY OF PROVISIONS:

Section one of the bill clarifies that the tax abatement for solar elec-
tric generating systems and electric energy storage equipment can be
used in conjunction. It defines eligible expenditures as reasonable
expenditures for materials, labor costs properly allocable to on-site

preparation, assembly, original installation, architectural and engi-
neering services, and designs and plans directly related to construction
or installation and adds solar parking canopy structures as an eligible
system.

Section two of the bill extends the period of the abatement for both
solar and electric energy storage systems to 2035 and sets the terms of
each abatement as the lesser of thirty percent of expenditures or
$250,000 taken in equal increments annually over a four-year period.
Properties that are owned by not-for-profit entities and/or income
restricted affordable housing properties would be eligible to receive a
direct-pay credit equal to the abatement through a check issued by the
New York City Department of Finance.

Section three of the bill includes conforming language extending the
abatement program to 2035.

Section four of the bill sets forth the effective date.

 
JUSTIFICATION:

This legislation would extend and strengthen the existing incentive
programs passed by the legislature and signed into law by the Governor
to encourage the installation of solar electric generating systems and
energy storage systems, in connection with class one, class two and
class four properties in New York City. The program, while enabled by
the State, is administered and paid for by the City.  By extending the
period for when properties can apply for the abatement to 2035 and
allowing both types of abatements to be used together it will better
align with federal incentives from the Inflation Reduction Act, allowing
for the leveraging of federal dollars.

This legislation is also consistent with the commitments of New York
State in the Climate Leadership in the Climate Leadership and Community
Protection Act (CLCPA) and the City of New York through Local Law 97 to
reduce greenhouse gas emissions and to provide cleaner, more reliable
power for every New Yorker. It also now makes the incentives available
to not-for-profit owned properties such as houses of worship and income
restricted affordable properties through a direct credit provision,
thereby helping to meet environmental justice and equity goals. Contin-
uation and enhancement of the property tax abatement / credit is neces-
sary to offset a portion of the extra costs associated with NYC solar
energy installation, thus further stimulating clean energy investment
and job creation throughout New York City.

 
LEGISLATIVE HISTORY:

This is a new bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6640 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6640
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                May 3, 2023
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities 1
 
 AN ACT to amend the real property tax law, in relation to  updating  and
   modifying  the  tax  abatements for certain solar and electric storage
   systems

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  2, 7, and 8 of section 499-aaaa of the real
 property tax law, subdivisions 2 and 8 as amended by chapter 412 of  the
 laws  of  2018  and subdivision 7 as added by chapter 473 of the laws of
 2008, are amended to read as follows:
   2. "Application for tax abatement" shall mean  an  application  for  a
 solar  electric  generating  system  [or] AND/OR electric energy storage
 equipment tax abatement pursuant to section  four  hundred  ninety-nine-
 cccc of this title.
   7. "Eligible building" shall mean a class one, class two or class four
 real property, as defined in subdivision one of section eighteen hundred
 two  of  this  chapter, located within a city having a population of one
 million or more persons. [No building shall be eligible  for  more  than
 one tax abatement pursuant to this title.]
   8.  "Eligible  solar  electric  generating  system  expenditures"  and
 "eligible electric energy storage  equipment  expenditures"  shall  mean
 reasonable expenditures for materials, 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 [or]
 AND/OR electric energy storage equipment installed in connection with an
 eligible building. SOLAR PARKING CANOPY STRUCTURES SHALL BE CONSIDERED A
 SOLAR ELECTRIC GENERATING SYSTEM FOR THE PURPOSES OF  THIS  SUBDIVISION.
 Such  eligible  expenditures shall not include interest or other finance
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10389-01-3
 S. 6640                             2

 
 charges, or any expenditures incurred using a federal,  state  or  local
 grant.
   §  2.  Paragraph  (e) of subdivision 1 of section 499-bbbb of the real
 property tax law, as amended by section 1 of item B of subpart H of part
 XXX of chapter 58 of the laws of 2020, is amended and a new  subdivision
 5 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-four,  for each year of the compliance period such
 tax abatement shall be the lesser of (i) ten percent of  eligible  elec-
 tric  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  THE  SOLAR  ELECTRIC GENERATING SYSTEM AND/OR ELECTRIC ENERGY
 STORAGE SYSTEM IS PLACED IN SERVICE ON OR AFTER JANUARY FIRST, TWO THOU-
 SAND TWENTY-FOUR, AND BEFORE JANUARY FIRST,  TWO  THOUSAND  THIRTY-FIVE,
 FOR  EACH  YEAR OF THE COMPLIANCE PERIOD SUCH TAX ABATEMENT SHALL BE THE
 LESSER OF (I) SEVEN AND ONE-HALF  PERCENT  OF  ELIGIBLE  SOLAR  ELECTRIC
 GENERATING  SYSTEM  AND/OR  ENERGY STORAGE SYSTEM EXPENDITURES, (II) THE
 AMOUNT OF TAXES PAYABLE IN SUCH TAX YEAR, OR  (III)  SIXTY-TWO  THOUSAND
 FIVE HUNDRED DOLLARS.
   5.  NOTWITHSTANDING  ANY LIMITATIONS OR RESTRICTIONS NOTED WITHIN THIS
 SECTION OR LOCAL LAW OR RESOLUTION, ELIGIBLE BUILDINGS THAT ARE OWNED BY
 A CORPORATION, ASSOCIATION, ORGANIZATION OR TRUST DESCRIBED  IN  SECTION
 501  (C)  (3)  OF  THE UNITED STATES INTERNAL REVENUE CODE, INCORPORATED
 UNDER ARTICLES TWO, FIVE, OR NINE OF THE PRIVATE HOUSING FINANCE LAW, OR
 ARE INCOME-RESTRICTED AFFORDABLE HOUSING PROPERTIES, INCLUDING  BUT  NOT
 LIMITED  TO PROPERTIES WITH REGULATORY AGREEMENTS WITH THE NEW YORK CITY
 DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, NEW YORK CITY  HOUS-
 ING  DEVELOPMENT  CORPORATION,  NEW YORK STATE DEPARTMENT OF HOUSING AND
 COMMUNITY RENEWAL, OR THE UNITED STATES DEPARTMENT OF HOUSING AND  URBAN
 DEVELOPMENT,  SHALL  BE  ELIGIBLE  FOR  A DIRECT-PAY CREDIT EQUAL TO THE
 MONETARY VALUE OF THE ABATEMENT AS CALCULATED IN PARAGRAPH (F) OF SUBDI-
 VISION ONE OF THIS SECTION. SUCH DIRECT-PAY CREDIT SHALL  BE  ISSUED  TO
 THE  ELIGIBLE BUILDING OWNER BY THE DEPARTMENT OF FINANCE IN THE FORM OF
 A CHECK IRRESPECTIVE OF THE AMOUNT OF TAXES PAYABLE IN SUCH TAX YEAR.
   § 3. Subdivision 1 of section 499-cccc of the real property  tax  law,
 as amended by section 2 of item B of subpart H of part XXX of chapter 58
 of the laws of 2020, is 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-four] THIRTY-FIVE.
   § 4. This act shall take effect immediately.

2023-S6640A - Details

See Assembly Version of this Bill:: A6113
Law Section:: Real Property Tax Law
Laws Affected:: Amd §§499-aaaa, 499-bbbb & 499-cccc, RPT L

2023-S6640A - Summary

Updates and modifies the tax abatements for certain solar and electric storage systems; grants real property tax abatements for solar parking canopy structures.

2023-S6640A - Sponsor Memo

                                 
BILL NUMBER: S6640A

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the real property tax law, in relation to updating and
modifying the tax abatements for certain solar and electric storage
systems

 
PURPOSE OF BILL:

To extend and enhance the solar electric generating system and electric
storage system tax abatements for New York City and provide for a tax
credit for the installation of such systems by non-profit owned and/or
income restricted affordable housing properties.

 
SUMMARY OF PROVISIONS:

Section one of the bill clarifies that the tax abatement for solar elec-
tric generating systems and electric energy storage equipment can be
used in conjunction. It defines eligible expenditures as reasonable
expenditures for materials, labor costs properly allocable to on-site

preparation, assembly, original installation, architectural and engi-
neering services, and designs and plans directly related to construction
or installation and adds solar parking canopy structures as an eligible
system.

Section two of the bill extends the period of the abatement for both
solar and electric energy storage systems to 2035 and sets the terms of
each abatement as the lesser of thirty percent of expenditures or
$250,000 taken in equal increments annually over a four-year period.
Properties that are owned by not-for-profit entities and/or income
restricted affordable housing properties would be eligible to receive a
direct-pay credit equal to the abatement through a check issued by the
New York City Department of Finance.

Section three of the bill includes conforming language extending the
abatement program to 2036.

Section four of the bill sets forth the effective date.

 
JUSTIFICATION:

This legislation would extend and strengthen the existing incentive
programs passed by the legislature and signed into law by the Governor
to encourage the installation of solar electric generating systems and
energy storage systems, in connection with class one, class two and
class four properties in New York City. The program while enabled by the
State is administered and paid for by the City.  By extending the period
for when properties can apply for the abatement to 2036 and allowing
both types of abatements to be used together it better aligns with
federal incentives from the Inflation Reduction Act allowing for the
leveraging of federal dollars. This legislation is consistent with the
commitments of New York State in the Climate Leadership and Community
Protection Act (CLCPA) and the City of New York through Local Law 97 to
reduce greenhouse gas emission reduction and to provide cleaner, more
reliable power for every New Yorker. It also now makes the incentives
available to not-for-profit owned properties such as houses of worship
and income restricted affordable properties through a direct credit
provision thereby helping to meet environmental justice and equity
goals. Continuation and enhancement of the property tax abatement /
credit is necessary to offset a portion of the extra costs associated
with NYC solar energy installation, thus further stimulating clean ener-
gy investment and job creation throughout New York City.

 
LEGISLATIVE HISTORY:

This is a new bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6640A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6640--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                May 3, 2023
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Cities  1  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to amend the real property tax law, in relation to updating and
   modifying the tax abatements for certain solar  and  electric  storage
   systems
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 2, 7, and 8 of section 499-aaaa  of  the  real
 property  tax law, subdivisions 2 and 8 as amended by chapter 412 of the
 laws of 2018 and subdivision 7 as added by chapter 473 of  the  laws  of
 2008, are amended to read as follows:
   2.  "Application  for  tax  abatement" shall mean an application for a
 solar electric generating system [or]  AND/OR  electric  energy  storage
 equipment  tax  abatement  pursuant to section four hundred ninety-nine-
 cccc of this title.
   7. "Eligible building" shall mean a class one, class two or class four
 real property, as defined in subdivision one of section eighteen hundred
 two of this chapter, located within a city having a  population  of  one
 million or more persons. No building shall be eligible for more than one
 tax  abatement  pursuant to this title PRIOR TO JANUARY FIRST, TWO THOU-
 SAND TWENTY-FOUR.
   8.  "Eligible  solar  electric  generating  system  expenditures"  and
 "eligible  electric  energy  storage  equipment expenditures" shall mean
 reasonable expenditures for materials, 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  [or]
 AND/OR electric energy storage equipment installed in connection with an
 eligible building. SOLAR PARKING CANOPY STRUCTURES SHALL BE CONSIDERED A

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10389-03-3

 S. 6640--A                          2
 
 SOLAR  ELECTRIC  GENERATING SYSTEM FOR THE PURPOSES OF THIS SUBDIVISION.
 Such eligible expenditures shall not include interest or  other  finance
 charges,  or  any  expenditures incurred using a federal, state or local
 grant.
   §  2.  Paragraph  (e) of subdivision 1 of section 499-bbbb of the real
 property tax law, as amended by section 1 of item B of subpart H of part
 XXX of chapter 58 of the laws of 2020, is amended and  a  new  paragraph
 (f)  of  subdivision  1  and  a  new  subdivision 5 are 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-four, for each year of the  compliance  period  such
 tax  abatement  shall be the lesser of (i) ten percent of eligible elec-
 tric 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 THE SOLAR ELECTRIC GENERATING  SYSTEM  AND/OR  ELECTRIC  ENERGY
 STORAGE SYSTEM IS PLACED IN SERVICE ON OR AFTER JANUARY FIRST, TWO THOU-
 SAND  TWENTY-FOUR,  AND  BEFORE JANUARY FIRST, TWO THOUSAND THIRTY-FIVE,
 FOR EACH YEAR OF THE COMPLIANCE PERIOD SUCH TAX ABATEMENT SHALL  BE  THE
 LESSER  OF  (I)  SEVEN  AND  ONE-HALF PERCENT OF ELIGIBLE SOLAR ELECTRIC
 GENERATING SYSTEM AND/OR ENERGY STORAGE SYSTEM  EXPENDITURES,  (II)  THE
 AMOUNT  OF  TAXES  PAYABLE IN SUCH TAX YEAR, OR (III) SIXTY-TWO THOUSAND
 FIVE HUNDRED DOLLARS.
   5. NOTWITHSTANDING ANY LIMITATIONS OR RESTRICTIONS NOTED  WITHIN  THIS
 SECTION OR LOCAL LAW OR RESOLUTION, ELIGIBLE BUILDINGS THAT ARE OWNED BY
 A  CORPORATION,  ASSOCIATION, ORGANIZATION OR TRUST DESCRIBED IN SECTION
 501 (C) (3) OF THE UNITED STATES  INTERNAL  REVENUE  CODE,  INCORPORATED
 UNDER ARTICLES TWO, FOUR, FIVE, OR ELEVEN OF THE PRIVATE HOUSING FINANCE
 LAW,  OR  ARE INCOME-RESTRICTED AFFORDABLE HOUSING PROPERTIES, INCLUDING
 BUT NOT LIMITED TO PROPERTIES WITH REGULATORY AGREEMENTS  WITH  THE  NEW
 YORK  CITY  DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, NEW YORK
 CITY HOUSING DEVELOPMENT CORPORATION, NEW YORK STATE DEPARTMENT OF HOUS-
 ING AND COMMUNITY RENEWAL, OR THE UNITED STATES  DEPARTMENT  OF  HOUSING
 AND  URBAN  DEVELOPMENT, SHALL BE ELIGIBLE FOR A DIRECT-PAY CREDIT EQUAL
 TO THE MONETARY VALUE OF THE ABATEMENT AS CALCULATED IN PARAGRAPH (F) OF
 SUBDIVISION ONE OF THIS SECTION. SUCH DIRECT-PAY CREDIT SHALL BE  ISSUED
 TO  THE ELIGIBLE BUILDING OWNER BY THE DEPARTMENT OF FINANCE IN THE FORM
 OF A CHECK IRRESPECTIVE OF THE AMOUNT OF TAXES PAYABLE IN SUCH TAX YEAR.
   § 3. Subdivision 1 of section 499-cccc of the real property  tax  law,
 as amended by section 2 of item B of subpart H of part XXX of chapter 58
 of the laws of 2020, is 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]
 JANUARY FIRST, two thousand [twenty-four] THIRTY-SIX.
   § 4. This act shall take effect immediately.

co-Sponsors

2023-S6640B (ACTIVE) - Details

See Assembly Version of this Bill:: A6113
Law Section:: Real Property Tax Law
Laws Affected:: Amd §§499-aaaa, 499-bbbb & 499-cccc, RPT L

2023-S6640B (ACTIVE) - Summary

Updates and modifies the tax abatements for certain solar and electric storage systems; grants real property tax abatements for solar parking canopy structures.

2023-S6640B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6640B

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the real property tax law, in relation to updating and
modifying the tax abatements for certain solar and electric storage
systems

 
PURPOSE:

To extend and enhance the solar electric generating system and electric
storage system tax abatements for New York City.

 
SUMMARY OF PROVISIONS:

Section 1 clarifies that the tax abatement for solar electric generating
systems and electric energy storage equipment can be used in conjunc-
tion. It defines eligible expenditures as reasonable expenditures for
materials, labor costs properly allocable to on-site preparation, assem-
bly. and original installation, architectural and engineering servic-
es,..and designs and plans directly related to construction or installa-

tion and adds solar parking canopy structures as an eligible system.

Section 2 extends the period of the abatement for both solar and elec-
tric energy storage systems through 2035 and sets the terms of each
abatement as the lesser of thirty percent of expenditures or $250,000
taken in equal increments annually over a four-year period.

Section 3 includes conforming language extending the abatement program
to January 1, 2036.

Section 4 sets the effective date.

 
JUSTIFICATION:

This legislation would extend and strengthen the existing incentive
programs passed by the legislature and signed into law by the Governor
to encourage the installation of solar electric generating systems and
energy storage systems, in connection with class one, class two and
class four properties in New York City. The program while enabled by the
State is administered and paid for by the City.  By extending the period
for when properties can apply for the abatement to 2036 and allowing
both types of abatements to be used together it better aligns with
federal incentives from the Inflation Reduction Act allowing for the
leveraging of federal dollars. This legislation is consistent with the
commitments of New York State in the Climate Leadership and Community
Protection Act (CLCPA) and the City of New York through Local Law 97 to
reduce greenhouse gas emission reduction and to provide cleaner, more
reliable power for every New Yorker.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6640B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6640--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                May 3, 2023
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Cities  1  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  committee  discharged,  bill amended, ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the real property tax law, in relation to  updating  and
   modifying  the  tax  abatements for certain solar and electric storage
   systems
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  2, 7, and 8 of section 499-aaaa of the real
 property tax law, subdivisions 2 and 8 as amended by chapter 412 of  the
 laws  of  2018  and subdivision 7 as added by chapter 473 of the laws of
 2008, are amended to read as follows:
   2. "Application for tax abatement" shall mean  an  application  for  a
 solar  electric  generating  system  [or] AND/OR electric energy storage
 equipment tax abatement pursuant to section  four  hundred  ninety-nine-
 cccc of this title.
   7. "Eligible building" shall mean a class one, class two or class four
 real property, as defined in subdivision one of section eighteen hundred
 two  of  this  chapter, located within a city having a population of one
 million or more persons. No building shall be eligible for more than one
 tax abatement pursuant to this title PRIOR TO JANUARY FIRST,  TWO  THOU-
 SAND TWENTY-FOUR.
   8.  "Eligible  solar  electric  generating  system  expenditures"  and
 "eligible electric energy storage  equipment  expenditures"  shall  mean
 reasonable expenditures for materials, 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 [or]
 AND/OR electric energy storage equipment installed in connection with an

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10389-05-3

 S. 6640--B                          2
 
 eligible building. SOLAR PARKING CANOPY STRUCTURES SHALL BE CONSIDERED A
 SOLAR ELECTRIC GENERATING SYSTEM FOR THE PURPOSES OF  THIS  SUBDIVISION.
 Such  eligible  expenditures shall not include interest or other finance
 charges,  or  any  expenditures incurred using a federal, state or local
 grant.
   § 2. Paragraph (e) of subdivision 1 of section 499-bbbb  of  the  real
 property tax law, as amended by section 1 of item B of subpart H of part
 XXX  of  chapter  58 of the laws of 2020, is amended and a new paragraph
 (f) of subdivision 1 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-four, for each year of the  compliance  period  such
 tax  abatement  shall be the lesser of (i) ten percent of eligible elec-
 tric 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 THE SOLAR ELECTRIC GENERATING  SYSTEM  AND/OR  ELECTRIC  ENERGY
 STORAGE SYSTEM IS PLACED IN SERVICE ON OR AFTER JANUARY FIRST, TWO THOU-
 SAND  TWENTY-FOUR,  AND  BEFORE JANUARY FIRST, TWO THOUSAND THIRTY-FIVE,
 FOR EACH YEAR OF THE COMPLIANCE PERIOD SUCH TAX ABATEMENT SHALL  BE  THE
 LESSER  OF  (I)  SEVEN  AND  ONE-HALF PERCENT OF ELIGIBLE SOLAR ELECTRIC
 GENERATING SYSTEM AND/OR ENERGY STORAGE SYSTEM  EXPENDITURES,  (II)  THE
 AMOUNT  OF  TAXES  PAYABLE IN SUCH TAX YEAR, OR (III) SIXTY-TWO THOUSAND
 FIVE HUNDRED DOLLARS.
   § 3. Subdivision 1 of section 499-cccc of the real property  tax  law,
 as amended by section 2 of item B of subpart H of part XXX of chapter 58
 of the laws of 2020, is 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]
 JANUARY FIRST, two thousand [twenty-four] THIRTY-SIX.
   § 4. This act shall take effect immediately.

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Senate Bill S6640B

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Sponsored By

Brian Kavanagh

Current Bill Status Via A6113 - Signed by Governor

Bill Amendments

2023-S6640 - Details

2023-S6640 - Summary

2023-S6640 - Sponsor Memo

2023-S6640 - Bill Text download pdf

2023-S6640A - Details

2023-S6640A - Summary

2023-S6640A - Sponsor Memo

2023-S6640A - Bill Text download pdf

co-Sponsors

Iwen Chu

2023-S6640B (ACTIVE) - Details

2023-S6640B (ACTIVE) - Summary

2023-S6640B (ACTIVE) - Sponsor Memo

2023-S6640B (ACTIVE) - Bill Text download pdf

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