New York state has updated laws regarding renewable energy projects and payment in lieu of taxes (PILOT) agreements, however, it came too late for one community.

“The company should be paying local taxes to the county, town, village and school district,” state Assemblyman Scott Gray said.

Gray says in the five or so years since a solar farm was built in Jefferson County, developer Convergent Energy and Power has not paid a single tax dollar to the county, the town of Lyme, the village of Chaumont nor the Lyme School District.

“They demonstrated the fact that these facilities can use a tremendous amount of local resources,” Gray added.

Gray was referencing a 2023 lithium battery fire that occurred at the facility. More than 30 departments and state fire officials spent several days responding, monitoring and investigating.

How much did that cost the state and local communities, Gray was asked.

“Oh, I have no idea. It’s tremendous, right?” he said.

While Gray believes Convergent has a moral obligation to pay taxes, legally, it may not.

The facility was built using section 487 of New York atate real property tax law. When a developer announces plans to build a renewable energy project, the various municipalities separately have 60 days to respond with an intent to negotiate a PILOT deal.

In this case, in the midst of the COVID-19 epidemic, neither the town nor village did, and the county never followed up on its intent response.

“Small communities find themselves up against pressure from large developers and without a lot of tools in the toolbox to withstand that pressure,” Jefferson County Administrator Ryan Pitcher said.

Though it didn’t help in Chamount, New York state updated the law in April 2021to allow municipalities to craft their own local legislation to require PILOT negotiations for all future projects, a law that would override section 487.

Pitcher said it’s a good step, but it needs to go further.

“We really need a united approach. These rural communities need to stand together – county, town, school district, village, together and negotiate the best possible deal with these solar companies,” Piche said, while recommending allowing joint negotiations.

The state Department of Taxation declined to comment on this specific case. Convergent did not return requests for comment.

However, Gray says there is good news.

He says Convergent plans to meet with stakeholders towork toward a resolution to start bringing in tax money from the project.