Pursuant to New York State Real Property Tax Law [§ 102(12)(b)],
a solar or wind energy system is considered "real property" for the
purpose of taxation once it is affixed to real property or a structure.
A local law pursuant to § 487 of the Real Property
Tax Law (RPTL) to "opt out" of allowing real property tax exemptions
pursuant to § 487 of the RPTL and declare improvements related
to solar and wind energy systems fully taxable in the Town of Clay.
Section 487 of the New York State Real Property Tax Law (RPTL)
currently allows owners of real property to apply for and obtain a
fifteen-year exemption from additional property taxation related to
improvements installed or affixed to the property for qualifying solar
or wind energy systems and allows local taxing jurisdictions to "opt
out" and disallow the taxation exemption for solar and wind energy
systems pursuant to § 487 by adopting a local law specifically
doing so.
This article shall take effect immediately upon filing with
the Secretary of State.