Provides a period of probable usefulness for the acquisition, construction or reconstruction of or addition to a solar array or solar panel system, whether or not including buildings, land or rights in land, original furnishings, equipment, machinery or apparatus, or the replacement of such equipment, machinery or apparatus.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9030
SPONSOR: Burdick TITLE OF BILL:
An act to amend the local finance law, in relation to providing a period
of probable usefulness for solar arrays and panels
PURPOSE OR GENERAL IDEA OF BILL:
Provides a period of probable usefulness for solar arrays and panels.
SUMMARY OF PROVISIONS:
Section 1 amends paragraph (a) of section 11.00 of the local finance law
by adding a new subdivision 111, which specifies that the period of
probable usefulness for acquisition, construction, reconstruction, or
addition of solar arrays or solar panel systems shall be thirty
years.Section 2 states the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
This is a new bill.
JUSTIFICATION:
Periods of probable usefulness prevent a municipality, school district,
or district corporation from receiving a bond, loan, or other contract
for indebtedness for any object or purpose longer than the period set
forth in the statute. Solar Panels have a lifespan of twenty-five to
thirty years,' but the current statutory period of probable usefulness
sets a cap on such power systems at a mere five years.Under the Climate
Leadership and Community Protection Act (CLCPA), New York aims to reduce
greenhouse gas emissions by 40% by 2030, and 85% by 2050.2 Achieving
these ambitious climate goals will be more difficult if the ability of
municipalities, school districts, and district corporations to acquire
solar panels is hindered by law. This bill creates a new subdivision
specifically for solar arrays and panels within the period of probable
usefulness statute, and establishes the maximum period at thirty years.
PRIOR LEGISLATIVE HISTORY:
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
TBD.
EFFECTIVE DATE:
This act shall take effect immediately.
1 Forbes, How Long Do Solar Panels Last? https://www.forbes.com/home-
improvement/solar/how-lonc-do-solar-canels-l
ast/O:-:text=The%20industry%20standard%20for%20most,for%2025%20years%20or
%20 more.
2 CLCPA Fact Sheet: https://eany.org/wp- content/upl-oads/2019/10/cicpa
fact sheet 0.pdf
STATE OF NEW YORK
________________________________________________________________________
9030
IN ASSEMBLY
February 5, 2024
___________
Introduced by M. of A. BURDICK -- read once and referred to the Commit-
tee on Local Governments
AN ACT to amend the local finance law, in relation to providing a period
of probable usefulness for solar arrays and panels
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph a of section 11.00 of the local finance law is
2 amended by adding a new subdivision 111 to read as follows:
3 111. Solar arrays and panels. The acquisition, construction or recon-
4 struction of or addition to a solar array or solar panel system, whether
5 or not including buildings, land or rights in land, original
6 furnishings, equipment, machinery or apparatus, or the replacement of
7 such equipment, machinery or apparatus, thirty years.
8 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14017-02-4
