STATE OF NEW YORK ________________________________________________________________________ 5127 2023-2024 Regular Sessions IN SENATE February 23, 2023 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the general municipal law and the education law, in relation to exempting payment in lieu of tax payments relating to energy systems from school district and local government tax levies The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraphs (iii) and (vi) of paragraph (c) of subdivi- 2 sion 3 of section 3-c of the general municipal law, as added by section 3 1 of part A of chapter 97 of the laws of 2011, are amended to read as 4 follows: 5 (iii) Add any payments in lieu of taxes that were receivable in the 6 prior fiscal year, other than payments in lieu of taxes receivable in 7 connection with energy systems defined in section four hundred eighty- 8 seven of the real property tax law including solar or wind energy 9 systems, farm waste energy systems, micro-hydroelectric energy 10 systems, fuel cell electric generating systems, micro-combined 11 heat and power generating equipment systems, electric energy storage 12 equipment and electric energy storage systems, or fuel-flexible 13 linear generator electric generating systems. 14 (vi) Subtract any payments in lieu of taxes receivable in the coming 15 fiscal year, other than payments in lieu of taxes receivable in 16 connection with energy systems defined in section four hundred eighty- 17 seven of the real property tax law including solar or wind energy 18 systems, farm waste energy systems, micro-hydroelectric energy 19 systems, fuel cell electric generating systems, micro-combined 20 heat and power generating equipment systems, electric energy storage 21 equipment and electric energy storage systems, or fuel-flexible 22 linear generator electric generating systems. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09742-01-3S. 5127 2 1 § 2. Subparagraphs 3 and 6 of paragraph a of subdivision 3 of section 2 2023-a of the education law, as added by section 2 of part A of chapter 3 97 of the laws of 2011, are amended to read as follows: 4 (3) Add any payments in lieu of taxes that were receivable in the 5 prior school year, other than payments in lieu of taxes receivable in 6 connection with energy systems defined in section four hundred eighty- 7 seven of the real property tax law including solar or wind energy 8 systems, farm waste energy systems, micro-hydroelectric energy 9 systems, fuel cell electric generating systems, micro-combined 10 heat and power generating equipment systems, electric energy storage 11 equipment and electric energy storage systems, or fuel-flexible 12 linear generator electric generating systems. 13 (6) Subtract any payments in lieu of taxes receivable in the coming 14 fiscal year, other than payments in lieu of taxes receivable in 15 connection with energy systems defined in section four hundred eighty- 16 seven of the real property tax law including solar or wind energy 17 systems, farm waste energy systems, micro-hydroelectric energy 18 systems, fuel cell electric generating systems, micro-combined 19 heat and power generating equipment systems, electric energy storage 20 equipment and electric energy storage systems, or fuel-flexible 21 linear generator electric generating systems. 22 § 3. This act shall take effect immediately.