STATE OF NEW YORK ________________________________________________________________________ 6113--A 2023-2024 Regular Sessions IN ASSEMBLY April 3, 2023 ___________ Introduced by M. of A. CARROLL, LEVENBERG, COLTON, SIMON -- read once and referred to the Committee on Real Property Taxation -- 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: 1 Section 1. Subdivisions 2, 7, and 8 of section 499-aaaa of the real 2 property tax law, subdivisions 2 and 8 as amended by chapter 412 of the 3 laws of 2018 and subdivision 7 as added by chapter 473 of the laws of 4 2008, are amended to read as follows: 5 2. "Application for tax abatement" shall mean an application for a 6 solar electric generating system [or] and/or electric energy storage 7 equipment tax abatement pursuant to section four hundred ninety-nine- 8 cccc of this title. 9 7. "Eligible building" shall mean a class one, class two or class four 10 real property, as defined in subdivision one of section eighteen hundred 11 two of this chapter, located within a city having a population of one 12 million or more persons. No building shall be eligible for more than one 13 tax abatement pursuant to this title prior to January first, two thou- 14 sand twenty-four. 15 8. "Eligible solar electric generating system expenditures" and 16 "eligible electric energy storage equipment expenditures" shall mean 17 reasonable expenditures for materials, labor costs properly allocable to 18 on-site preparation, assembly and original installation, architectural 19 and engineering services, and designs and plans directly related to the 20 construction or installation of a solar electric generating system [or] 21 and/or electric energy storage equipment installed in connection with an 22 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. LBD10389-02-3
A. 6113--A 2 1 solar electric generating system for the purposes of this subdivision. 2 Such eligible expenditures shall not include interest or other finance 3 charges, or any expenditures incurred using a federal, state or local 4 grant. 5 § 2. Paragraph (e) of subdivision 1 of section 499-bbbb of the real 6 property tax law, as amended by section 1 of item B of subpart H of part 7 XXX of chapter 58 of the laws of 2020, is amended and a new paragraph 8 (f) of subdivision 1 and a new subdivision 5 are added to read as 9 follows: 10 (e) if electric energy storage equipment is placed in service on or 11 after January first, two thousand nineteen, and before January first, 12 two thousand twenty-four, for each year of the compliance period such 13 tax abatement shall be the lesser of (i) ten percent of eligible elec- 14 tric energy storage equipment expenditures, (ii) the amount of taxes 15 payable in such tax year, or (iii) sixty-two thousand five hundred 16 dollars[.]; or 17 (f) if the solar electric generating system and/or electric energy 18 storage system is placed in service on or after January first, two thou- 19 sand twenty-four, and before January first, two thousand thirty-five, 20 for each year of the compliance period such tax abatement shall be the 21 lesser of (i) seven and one-half percent of eligible solar electric 22 generating system and/or energy storage system expenditures, (ii) the 23 amount of taxes payable in such tax year, or (iii) sixty-two thousand 24 five hundred dollars. 25 5. Notwithstanding any limitations or restrictions noted within this 26 section or local law or resolution, eligible buildings that are owned by 27 a corporation, association, organization or trust described in section 28 501 (c) (3) of the United States internal revenue code, incorporated 29 under articles two, four, five, or eleven of the private housing finance 30 law, or are income-restricted affordable housing properties, including 31 but not limited to properties with regulatory agreements with the New 32 York city department of housing preservation and development, New York 33 city housing development corporation, New York state department of hous- 34 ing and community renewal, or the United States department of housing 35 and urban development, shall be eligible for a direct-pay credit equal 36 to the monetary value of the abatement as calculated in paragraph (f) of 37 subdivision one of this section. Such direct-pay credit shall be issued 38 to the eligible building owner by the department of finance in the form 39 of a check irrespective of the amount of taxes payable in such tax year. 40 § 3. Subdivision 1 of section 499-cccc of the real property tax law, 41 as amended by section 2 of item B of subpart H of part XXX of chapter 58 42 of the laws of 2020, is amended to read as follows: 43 1. To obtain a tax abatement pursuant to this title, an applicant must 44 file an application for tax abatement, which may be filed on or after 45 January first, two thousand nine, and on or before [March fifteenth] 46 January first, two thousand [twenty-four] thirty-six. 47 § 4. This act shall take effect immediately.