BILL NUMBER: S1385
SPONSOR: CANZONERI-FITZPATRICK
 
TITLE OF BILL:
An act to amend the tax law, in relation to the solar energy system
equipment credit; to amend the real property tax law, in relation to a
solar STAR credit; and to amend the public service law, in relation to
siting major renewable energy facilities
 
PURPOSE:
To help New Yorkers seeking to utilize solar energy by increasing the
residential solar energy credit and creating a new solar STAR credit,
while restoring and strengthening local control in potential project
developments.
 
SUMMARY OF PROVISIONS:
Section 1: Increases the solar energy system equipment credit from 25%
of expenditures to 40% of expenditures, and increasing the cap on the
credit from $5,000 to $10,000.
Section 2: Establishes a new Solar STAR credit program for homeowners in
municipalities that opt to host at least two midscale solar energy
projects, and that shall be equal to 25% of the total basic star credit
available to homeowners.
Section 3: Ensures municipalities have appropriate local control with
respect to major renewable energy facilities where such facility will be
located.
Section 4: Ensures municipalities have appropriate local control with
respect to major electric transmission facilities where such facility
will be located.
Section 5: Removes the ability of ORES to override local laws and ordi-
nances.
Section 6: Provides that municipalities may require approval, consent,
permit, certificate, contract, agreement, or other condition for the
development, design, construction, operation, or decommissioning of a
major renewable energy facility or a major electric transmission facili-
ty.
Section 7: Makes conforming changes to the public service law with
respect to judicial review of the siting of renewable energy and elec-
tric transmission facilities to account for municipal permitting author-
ities.
Section 8: Provides the effective date.
 
JUSTIFICATION:
New York State has established ambitious energy and emission reduction
goals, however, in the wake of punishingly high inflation rates, New
York's outlook for meeting related statutory deadlines do not look prom-
ising. In light of this, the state recently advanced measures, such as
the Renewable Action Through Project Interconnection and Deployment
(RAPID) Act, to aggressively pursue these goals. However, many local
communities have been concerned about the provisions of the RAPID Act
that would allow the Office of Renewable Energy Siting and Electric
Transmission (ORES) to override local laws or ordinances with respect to
siting major renewable energy or electric transmission facilities.
Rather than eroding local control over major developments in communities
to bolster New York's renewable energy portfolio, this legislation would
offer incentives to residents to help eliminate barriers to choosing
renewable energy. In addition to increasing the solar energy system
equipment credit from 25% of expenditures to 40% of expenditures and
doubling the cap on the credit from $5,000 to $10,000, this legislation
would further establish a new Solar STAR credit program for homeowners
in municipalities that choose to host at least two midscale solar energy
projects. This Solar Star Credit would be equal to 25% of the total
basic star credit available to homeowners. Finally, this legislation
would restore and enhance local control by eliminating ORES's ability to
override local rules, as these decisions belong in the hands of resi-
dents of the communities developers are seeking to build in.
Done in a thoughtful, responsible manner, a transition to a cleaner
energy grid can be greatly beneficial to New Yorkers by diversifying the
grid and eliminating emissions. This bill would advance New York's
efforts to do so, without top-down mandates on communities and by
instead focusing on providing incentives and relief where all too many
New Yorkers need it most-in their wallets.
 
LEGISLATIVE HISTORY:
S.9961: Referred to Rules
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however that the
amendments to article 8 of the public service law made by sections
three, four, five, six and seven of this act shall be subject to the
expiration and repeal of such article and shall expire and be deemed
repealed therewith.

Statutes affected:
S1385: 140 public service law, 140(1) public service law, 141 public service law, 141(1) public service law, 142 public service law, 142(5) public service law, 144 public service law, 144(2) public service law