NY State Senate Bill 2025-S7389

Senate Bill S7389

2025-2026 Legislative Session

Requires a percentage of profits to be paid to a taxing jurisdiction or land owner under certain agreements for the installation and use of solar or wind energy equipment

download bill text pdf

Current Bill Status - In Senate Committee Local Government Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 14, 2025	referred to local government

2025-S7389 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: Real Property Tax Law
Laws Affected:: Amd §487, RPT L; add §66-x, Pub Serv L
Versions Introduced in 2023-2024 Legislative Session:: S6201

2025-S7389 (ACTIVE) - Summary

Requires 12.5% of profits generated from a solar or wind energy system to be paid to a taxing jurisdiction or land owner under certain agreements for the installation and use of such solar or wind energy system, in addition to other PILOT or other payments required under such agreement.

2025-S7389 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7389

SPONSOR: WALCZYK
 
TITLE OF BILL:

An act to amend the real property tax law and the public service law, in
relation to requiring a percentage of profits to be paid to a taxing
jurisdiction or land owner under certain agreements for the installation
and use of solar or wind energy systems

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would protect farm owners and municipalities from depreciating
values of payment programs solar and wind energy companies offer up.

 
SUMMARY OF PROVISIONS:

Section 1: Amends subdivision 9 of section 487 of the real property tax
law by adding a new paragraph (d).

Section 2: Amends the public service law by adding section 66-v.

 
JUSTIFICATION:

Many farmers and municipalities have land they no longer wish to possess
for a variety of reasons. Solar and wind energy companies have begun to
see potential for these lands. Typically, these kind of agreements are
over a period of 20, 25, or even 30 years. Energy companies usually
offer a fixed amount of money per acre for private landowners: munici-
palities usually use payment in lieu of taxes (PILOT) programs. The
issue lies in the fixed nature of these prices; over time, these
contracts lose money to the detriment of the lessors.

With this bill, companies would be required to offer at least 12.5% of
profits made from the sale of energy on said lessor's land. This will
help landowners receive a reliable stream of income that will keep up
with the pace of inflation. This is a common-sense bill that will help
our farmers and municipalities keep their land and profit off of it for
years to come.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Undetermined, but would likely increase local government income.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to all contracts
awarded on and after such date.

2025-S7389 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7389
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 14, 2025
                                ___________
 
 Introduced  by  Sen. WALCZYK -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the real property tax law and the public service law, in
   relation to requiring a percentage of profits to be paid to  a  taxing
   jurisdiction  or land owner under certain agreements for the installa-
   tion and use of solar or wind energy systems
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 9 of section 487 of the real property tax law
 is amended by adding a new paragraph (d) to read as follows:
   (D) ANY PAYMENT IN LIEU OF TAX AGREEMENT EXECUTED UNDER THIS  SUBDIVI-
 SION  SHALL  INCLUDE  A  PROVISION THAT THE TAXING JURISDICTION SHALL BE
 ENTITLED TO RECEIVE TWELVE AND ONE-HALF PERCENT OF THE PROFITS GENERATED
 FROM THE SOLAR OR WIND ENERGY SYSTEM THAT IS THE SUBJECT OF SUCH  AGREE-
 MENT,  IN  ADDITION  TO ANY PAYMENTS IN LIEU OF TAXES OTHERWISE REQUIRED
 UNDER SUCH AGREEMENT.
   § 2. The public service law is amended by adding a new section 66-x to
 read as follows:
   § 66-X. SOLAR AND WIND LAND-LEASE AGREEMENTS.  ANY AGREEMENT  FOR  THE
 LEASE  OF LAND FOR INSTALLATION AND USE OF A SOLAR OR WIND ENERGY SYSTEM
 SHALL INCLUDE A PROVISION THAT THE OWNER OF SUCH LAND SHALL BE  ENTITLED
 TO  RECEIVE  TWELVE  AND  ONE-HALF PERCENT OF THE PROFITS GENERATED FROM
 SUCH SOLAR OR WIND ENERGY SYSTEM, IN  ADDITION  TO  ANY  OTHER  PAYMENTS
 REQUIRED  UNDER SUCH LEASE AGREEMENT.  FOR THE PURPOSES OF THIS SECTION,
 THE TERM "SOLAR OR WIND ENERGY SYSTEM" SHALL HAVE THE  SAME  MEANING  AS
 DEFINED  BY  SECTION  FOUR HUNDRED EIGHTY-SEVEN OF THE REAL PROPERTY TAX
 LAW.
   § 3. This act  shall  take  effect  immediately  and  shall  apply  to
 contracts and agreements entered into on or after such date.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05491-01-5

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