 | RESOLUTION NO. 62 of 2018 DATED: March 27, 2018 |
RESOLUTION ADOPTING INTRODUCTORY LOCAL LAW B OF 2018 (LOCAL LAW 2) - A LOCAL LAW OPTING OUT OF REAL PROPERTY TAX LAW § 487
| Seconded by: | Wilson |
RESOLVED, that Introductory Local Law No. B of 2018 (Local Law 2) entitled "A Local Law Opting Out of Real Property Tax Law " hereby is adopted and is incorporated as follows:
"A Local Law Opting Out of Real Property Tax Law § 487" Be it enacted by the Montgomery County Legislature as follows:
Section 1:
The purpose of this local law is to opt out of Real Property Tax Law § 487.
Section 2:
a.) No exemption under Real Property Tax Law § 487 shall be applicable to Montgomery County taxes with respect to any solar or wind energy system or farm waste energy system.
b.) No exemption under Real Property Tax Law § 487 shall be applicable to Montgomery County taxes with respect to any micro-hydroelectric energy system, fuel cell electric generating system, micro-combined heat and power generating equipment system, or electric energy storage equipment or electric energy storage system.
Section 3:
The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.
Section 4:
To the extent that this local law is inconsistent with Real Property Tax Law § 487, Local Law 3 of 2016 or any other laws or regulations it shall supersede those laws.
Section 5:
a.) This law shall be effective immediately upon filing with the Secretary of State.
b.) In accordance with RPTL 487 (8) a., the County shall file this local law 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.
RESOLUTION VOTE, passed with Aye(9). (3/27/2018)
Statement of Legislative and Financial Impact:
I. Nature of Request:
RESOLUTION ADOPTING A LOCAL LAW OPTING OUT OF REAL PROPERTY TAX LAW § 487
II. Justification:
The County has started to experience an influx of Solar Energy Facilities and it is the intent of the County to capture tax revenues from the development of such facilities and to ensure that these facilities are treated equally with other commercially taxed properties within the County.
III. Legislative Impact:
Pursuant to Article 2 of the Charter the Montgomery County Legislature has the authority to exercise all powers of local legislation in relation to enacting, amending or rescinding local laws.
IV. Financial Impact:
Will potentially result in an increase in tax revenue to the County.
| cc: | County Clerk County Treasurer |
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||