Town of Fort Edward, NY
Washington County
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[Adopted 5-14-2018 by L.L. No. 1-2018]
It is the Town Board of the Town of Fort Edward's intent to remove the exemption from Town taxation contained in New York State Real Property Tax Law (RPTL) § 487 for any microhydroelectric energy system, fuel cell electric generating system, microcombined heat and power generating equipment system, or electric energy storage equipment or electric energy storage system.
The authority for this article is RPTL § 487(8)(a) which provides that a county, city, town or village may by local law or a school district, other than a school district to which Article 52 of the Education Law applies, may by resolution provide that no exemption under this section shall be applicable within its jurisdiction with respect to any microhydroelectric energy system, fuel cell electric generating system, microcombined heat and power generating equipment system, or electric energy storage equipment or electric energy storage system constructed subsequent to January 1, 2018, or the effective date of such local law, ordinance or resolution, whichever is later.
Pursuant to this article, the exemption provided by RPTL § 487 is hereby removed for the purposes of Town taxation and no such exemption shall be granted with respect to any microhydroelectric energy system, fuel cell electric generating system, microcombined heat and power generating equipment system, or electric energy storage equipment or electric energy storage system constructed subsequent to January 1, 2018, or the effective date of such local law, ordinance or resolution, whichever is later.
If any provision of this article or the application thereof to any person or circumstance shall be held invalid, the remainder of this article and the application of such provision to other persons or circumstances shall not be affected thereby.
In addition to filing with the Secretary of State, this article shall be filed with the Office of Real Property Services, and an additional copy shall be provided to the President of the New York State Energy Research and Development Authority (NYSERDA).
This article shall take effect upon filing in the office of the Secretary of New York State.