Pace Law SchoolJessica Bacher
Law Use Law Center
Pace Law School
Erie County Legislator Mills
Erie County Legislator Dixon
Ms. Bacher,
     First I would thank you for a very informative Workshops that you in conjunction with Erie County and NYSERDA gave on October 13 & December 13 in Orchard Park in which I attended both Since then a number of serious events are taking place in regards to the Real Property Tax Exemption for Solar,Wind, and Farm Waste RPTL 487 which I as well as many other residents in the Town of Evans feel our Supervisor and Town Board are being misinformed on the Facts.   Here are a number of Questions that need clarification and please time is of the essence because our town Board is considering opting-out of the RPTL487 as soon as next Wed. Jan. 18,2017 and this could have an adverse negative effect in which Erie County and NYS are trying to create clean renewable energy jobs.
The Following Question are:
  1. Are Solar PV systems considered real property if installed on Homes, Businesses, or Commercial Solar Farms under RPTL 487 Solar Wind and Farm Waste.jbac?
  2. If Yes how are residential systems assessed by the Town Assessor under the law?
  3. Can a Town refuse to assess a residential  systems if it so chooses and only assess Large Scale PV systems?
  4. Can a Town opt-out of the RPTL 487 and refuse to tax Residential solar PV systems and tax large scale solar PV systems?
  5. Are the following also included as being assessed and taxed if the Town opts out.  I refer to the RPTL form Exemption Solar Hot Water, Solar Heating, Solar Cooling, Greenhouses, Sunspaces, Solar Mass wall, Solar Thermosiphon air Panels, Solar direct gain systems, Wind Energy Systems both mechanical and electrical?
  6. If the Town chooses not to opt-out of the which would leave the exemption in place for Homeowners can they also receive the same revenue on a solar farm systems by enacting a 100% Pilot which would bring in the same revenue from said Solar farms as opting-out and collecting full property taxes as outlined in the RPTL 487?
  7. In your opinion if the town doesn’t opt- out would a 100% Pilot be as effective as opting out  to hinder solar farms that use Article 10?
Respectfully Your legal advise desperately needed for our Town Board not to make the Wrong decision,
                                                                                                                                                                                                                    William J Henry