HomeMy WebLinkAboutTB 2023-158 PILOT required for solar wind projectsMEETING OF THE ITHACA TOWN BOARD
September 25, 2023
TB Resolution 2023 -158 : Requirement for Contracts for Payments in Lieu of Taxes for Certain Solar and Wind Energy Systems
Whereas, New York State Real Property Tax Law §487(2) states that real property which includes certain solar or wind energy systems (as defined in § 487) “shall be exempt from taxation
to the extent of any increase in the value thereof by reason of the inclusion of such solar or wind energy system” for a period of fifteen (15) years, and
Whereas, Real Property Tax Law §487(8)(a) states a municipality may adopt a local law providing said exemption is not applicable to qualifying solar and wind energy systems within its
jurisdiction, but the Ithaca Town Board has elected not to adopt such a local law, and
Whereas, Real Property Tax Law §487(9)(a) permits municipalities that have not removed the exemption to require the owner or developer of a property which includes a qualifying solar
or wind energy system to enter into a contract for payments in lieu of taxes (“PILOT contract”), with the PILOT contract amounts up to the amount of taxes that would be paid if the property
were subject to full taxation absent the 15-year exemption, and
Whereas, pursuant to Real Property Tax Law §487(9)(a), the Town of Ithaca currently has to provide written notification to an owner or developer of the Town’s intent to require a PILOT
contract; in order to require a PILOT contract, the Town must make such notification within sixty (60) days of the Town’s receipt of the owner’s or developer’s proper written notificationof
its intent to construct a solar or wind energy system, and
Whereas, Real Property Tax Law §487(9)(b) provides an alternate notification provision that allows the Town to adopt a resolution indicating the Town’s “ongoing intent to require a contract
for payments in lieu of taxes for such systems, such…resolution shall be considered notification to owners or developers and no further action is required on the part of the” Town to
provide notification, and
Whereas, with adoption of this resolution, the Town will no longer have provide individual notification to an owner or developer withinsixty (60) days of receipt of a notification of
intent to construct a solar or wind energy system, now therefor it be
Resolved, that effective September 26, 2023, and continuing unless and until this resolution is revoked, the Town of Ithaca will require PILOT contracts for solar and wind energy systems
greater than 500kW in sizethat qualify for the 15-year exemption, and be it further
Resolved, that the PILOT contract amounts shall be equal to the amount of taxes that would be paidif the property were subject to full taxation absent the 15-year exemption.
Moved: Rich DePaoloSeconded: Rod Howe
Vote: Howe, DePaolo, Levine, Rosen & Goodman