This article is titled "Local Law Bumer 6 of 2021 Opting Out
of New York State Real Property Law Section 487."
This article uses the definitions set forth in New York State
Real Property Tax Law § 487 and as amended by Chapter 336
of the New York State Laws.
As provided by New York State Real Property Tax Law § 487(8)(a),
there shall be no exemption in the Town of Malta with respect to any
solar or wind energy systems, farm waste energy systems, micro-hydroelectric
energy systems, fuel cell electric generating systems, micro-combined
heat and power generating equipment systems, electric energy storage
equipment and electric energy storage systems, or fuel-flexible linear
generator electronic generating systems or any other energy system
eligible for real property tax exemption under § 487 of
the Real Property Tax Law.
This article is hereby adopted pursuant to the provision of
§ 10 of the New York State Municipal Home Rule Law and § 10
of the New York State Statue of Local Governments, it being the intent
of the Town Board to supersede any and all contrary or inconsistent
state laws.
All other local laws and ordinances of the Town of Malta, if
any, that are inconsistent with the provisions of this article are
hereby repealed: provided, however, that such repeal shall only be
to the extent of such inconsistency and in all other respects this
article shall be in addition to such other local laws or ordinances,
if any, regulating and governing the subject matter covered by this
article.
If any clause, sentence, paragraph, word, section or part of
this article shall be adjudged by any court of competent jurisdiction
to be unconstitutional, illegal or invalid, such judgment, order and/or
decision shall not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation of the clause, sentence, paragraph,
worked section or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
This article shall take upon its filing with the New York State
Secretary of State. The Town shall also file this article with the
Commissioner of the New York State Department of Tax and Finance and
with the President of the New York State Energy Research and Development
Authority (NYSERDA).