2023 New York Laws › RPT - Real Property Tax › Article 5 - Assessment Procedure › Title 4 - Miscellaneous Provisions › 575-B - Solar or Wind Energy Systems.

§ 575-b. Solar or wind energy systems. 1. The assessed value for solar
or  wind energy systems, as defined in section four hundred eighty-seven
of this chapter, shall be determined by a discounted cash flow  approach
that includes:
(a)  An appraisal model identified and published by the New York state
department of taxation and finance, in consultation with  the  New  York
state  energy  research  and  development  authority, within one hundred
eighty days of the effective date  of  this  section,  and  periodically
thereafter as appropriate; and
(b)  A  solar  or  wind energy system discount rate or rates published
annually by the New York  state  department  of  taxation  and  finance;
provided  that  prior  to  such publication, such discount rate or rates
shall be published in preliminary form on the department's  website  and
notice thereof shall be sent to parties who have requested the same. The
department  shall  then allow at least sixty days for public comments to
be submitted, and shall consider any comments so submitted and make  any
changes  it  deems necessary prior to publishing the final discount rate
or rates; and
(c) In the formulation of such a model and discount rate, the New York
state department of taxation and finance shall consult with the New York
State Assessors Association. Provided, further, in  the  formulation  of
such  a  model  and  discount  rate,  the  New  York state department of
taxation and finance shall be authorized to take into  account  economic
and  cost  characteristics of such solar and wind energy systems located
in different geographic regions of the state and  consider  regionalized
market  pressures in the formulation of the appraisal model and discount
rate required under this section.
1-a. Notwithstanding any provision of law to the contrary,  the  solar
or  wind  energy system appraisal model authorized by this section shall
be identified, formulated, adopted, published, and updated  periodically
in  the manner provided in this section without regard to the provisions
of article two of the state administrative procedure act.
2. The reports required by section five hundred seventy-five-a of this
title shall be designed to elicit such information as  the  commissioner
may  reasonably  require  for  the  development  and  maintenance  of an
appraisal model and discount rate.
3. The provisions of this section shall only apply to  solar  or  wind
energy  systems  with  a nameplate capacity equal to or greater than one
megawatt.
4. Complaints  with  respect  to  assessments  determined  under  this
section  shall  be  governed  by  sections  five hundred twelve and five
hundred twenty-four of this article and the following provisions:
(a) The assessor shall, upon  request,  provide  the  owner  with  the
inputs  that  he  or she entered into the commissioner's appraisal model
when valuing the property pursuant to this section.
(b) The property owner may advise the assessor of any  alleged  errors
to  the  appraisal  model  inputs  believed  to  have  been  made by the
assessor, and may provide information to the assessor in support of  any
proposed change to those inputs.
(c)  If  the  property owner provides such information to the assessor
prior to the filing of the tentative assessment roll, the  assessor  may
make  such  adjustments to the appraisal model inputs as he or she deems
warranted based upon the information provided by the property owner, and
may recalculate the property value by entering the adjusted inputs  into
the appraisal model.
(d) If dissatisfied with the assessed value appearing on the tentative
assessment  roll, the property owner may file a complaint with the board
of assessment review; provided, however, that the grounds for review  of

an assessment determined under this section with respect to both article
five  and article seven of this chapter shall be limited to the accuracy
of the appraisal model inputs made by the assessor.
(e) Actions or proceedings that challenge the validity and accuracy of
the appraisal model or discount rates established under this section may
not  be  commenced  against assessing units. Such challenges may only be
brought by commencing an action against the commissioner  in  the  third
department  of the appellate division of the supreme court in the manner
provided by article seventy-eight of the civil practice law and rules.