Resolution No. 316

Authorizing The Chairman Of The Ulster County Legislature To Execute A Payment In Lieu Of Taxes Agreement With Bluestone Solar, LLC For Solar Energy Systems Pursuant To Real Property Tax Law Section 487

Resolution Information

Status: 
Adopted

RESOLUTION TEXT +-

Print

Referred to: The Energy and Environment Committee (Chairwoman Wawro and

Legislators Bartels, Greene, Joseph Maloney, and Woltman), and The Ways and

Means Committee (Chairman Gerentine and Legislators Archer, Bartels, Lopez,

Maio, James Maloney, Joseph Maloney, and Petit)

Chairman of the Legislature Kenneth J. Ronk Jr. offers the following:

 WHEREAS, this resolution has been submitted by the County Executive on

behalf of the Department of Finance; and

 WHEREAS, New York State Real Property Tax Law (“RPTL”) Section 487

exempts from taxation the increase in value to real property by reason of inclusion of

qualified solar or wind energy systems or farm waste energy systems unless a county,

city, town, village, or school district opts out of said exemption; and

 WHEREAS, RPTL Section 487 provides that a county, city, town, village or

school district that has not acted to opt out of said exemption may require the owner

of a property which includes a solar or wind energy system meeting the requirements

for the exemption to enter into a contract for Payments in Lieu of Taxes (“PILOT”);

and

WHEREAS, Bluestone Solar LLC has submitted a Notice of Intent to the

County that it plans to build a solar energy system that meets the requirements for the

exemption on a parcel of land located within the physical boundaries of the County at

82-90 Hallihan Hill Road, Kingston New York (the “Project”); and

WHEREAS, pursuant to RPTL Section 487(9)(a), the County has indicated its

intent to require a PILOT Agreement with the Owner, under which the Owner, (or

any successor owner of the project) will be required to make payments to the County

for each year during the term of this Agreement; and

WHEREAS, the Owner has submitted, or will submit to the assessor of the

Town a RP – 487 Application for Tax Exemption of Solar or Wind Energy Systems

or Farm Waste Energy Systems, demonstrating the Project’s eligibility for a real

property tax exemption pursuant to RPTL Section 487; and

WHEREAS, the Parties intend that, during the term of this Agreement, the

Project will be placed on an exempt portion of the assessment roll and the Owner will

not be assessed for any statutory real property taxes for which it might otherwise be

subject to under New York law with respect to the Project; now, therefore be it 

 

 

RESOLVED, that the Chairman of the Ulster County Legislature is hereby

authorized to enter into a PILOT Agreement, and any amendments thereto, with

Bluestone Solar LLC for the building and operations of a Solar Energy System, in the

form as filed with the Clerk of the Ulster County Legislature or as modified with the

approval of the County Attorney;

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 22 NOES: 0

 (1 Abstention: Legislator James Maloney)

Passed Committee: Energy and Environment on July 9, 2018

Passed Committee: Ways and Means on July 10, 2018

FINANCIAL IMPACT:

$3,750/MEGAWATT – 2018 ANITICPATED REVENUE

$3,750/MEGAWATT – 2019 ANTICIPATED REVENUE

$3,750/MEGAWATT – 2020 ANTICIPATED REVENUE

$3,750/MEGAWATT – 2021 ANTICIPATED REVENUE

$3,750/MEGAWATT – 2022 ANTICIPATED REVENUE

$3,750/MEGAWATT – 2023 ANTICIPATED REVENUE

$3,750/MEGAWATT – 2024 ANTICIPATED REVENUE

$3,750/MEGAWATT – 2025 ANTICIPATED REVENUE

$3,750/MEGAWATT – 2026 ANTICIPATED REVENUE

$3,750/MEGAWATT – 2027 ANTICIPATED REVENUE

$3,750/MEGAWATT – 2028 ANTICIPATED REVENUE

$3,750/MEGAWATT – 2029 ANTICIPATED REVENUE

$3,750/MEGAWATT – 2030 ANTICIPATED REVENUE

$3,750/MEGAWATT – 2031 ANTICIPATED REVENUE

$3,750/MEGAWATT – 2032 ANTICIPATED REVENUE 

 

STATE OF NEW YORK

 ss:

COUNTY OF ULSTER

I, the undersigned Clerk of the Legislature of the County of Ulster, hereby certify that the foregoing resolution is

the original resolution adopted by the Ulster County Legislature on the 17th Day of July in the year Two Thousand and

Eighteen, and said resolution shall remain on file in the office of said clerk.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of the County of Ulster this 19th Day of July in

the year Two Thousand and Eighteen.

|s| Victoria A. Fabella

Victoria A. Fabella, Clerk

Ulster County Legislature

Submitted to the County Executive this Approved by the County Executive this

19th Day of July, 2018. 25th Day of July, 2018.

|s| Victoria A. Fabella |s| Michael P. Hein

Victoria A. Fabella, Clerk Michael P. Hein, County Executive

Ulster County Legislature e

Current Text: PDF

 

Updated: February 4, 2019