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Board postpones decision on solar tax‑exemption opt‑out, seeks legal review
Summary
The board discussed Real Property Law §487 (15‑year exemption for renewable projects), the potential for PILOT agreements, and agreed to send materials to town attorneys and postpone action until a full board can weigh in.
Chair summarized Real Property Law §487, explaining the statute allows a 15‑year exemption for certain renewable energy projects unless a local taxing jurisdiction opts out. “It's an opt out law, which means that the town is automatically enrolled in this law and needs to physically opt out through a law and to say that they are not going to honor that exemption,” the chair said.
Boardmembers discussed consequences of opting out. They noted that opting out at the town level would not change county or school taxing jurisdictions that have not opted out, and that opting out would preclude accepting a PILOT in lieu of taxes for the same property. Members agreed the town should consult both its assessment attorney and its town‑law counsel because the assessment questions and the town‑law drafting involve different expertise. One boardmember said Pine Plains had negotiated a pilot and received a payment on the day the project was approved; the board agreed to ask counsel whether PILOTs are one‑time or ongoing and how negotiations typically proceed.
Given absent boardmembers and the need for legal advice, the board voted to postpone discussion of the §487 opt‑out until a full board is present and to forward available materials to the town attorneys for review.
