Public Hearing - Bullis Road Solar PILOT

Mon Sep 20th, 2021 - 12 to 10:30 am
At Marilla Town Hall, 1740 Two Rod Road, Town of Marilla


            Pursuant to Article 18-A of NYS General Municipal Law, the Erie County Industrial Development Agency (the “Agency”) will hold a public hearing on September 20, 2021, at 10:00 a.m. in the meeting room at Marilla Town Hall, 1740 Two Rod Road, Town of Marilla, Erie County, regarding:

RPNY Solar 2, LLC, and/or Individual(s) or Affiliate(s), Subsidiary(ies), or Entity(ies) formed or to be formed on its behalf (the “Company”), has submitted an application to the Agency (a copy of which is on file at the office of the Agency) requesting the Agency to undertake a certain project (the “Project”) consisting of: (i) the acquisition by the Agency of a leasehold interest in approximately 22 acres of real property located at 11061 Bullis Road in the Town of Marilla, New York (the “Land”, being more particularly described as a portion of tax parcel No. 139.000-12-14.000, as may be subdivided); (ii) the planning, design, construction and operation of a 4.5 MW solar electrical generation system, including panel foundations, inverters, transformers, interconnect wiring, utility connections, sitework, landscaping, fencing, security and related improvements (collectively, the “Improvements”); (iii) the acquisition of and installation in and around the Land and Improvements by the Company of machinery, equipment, fixtures and other items of tangible personal property (the “Equipment” and, collectively with, the Land and the Improvements, the “Facility”); and (iv) entering into a straight lease transaction (within the meaning of subdivision (15) of Section 854 of the Act), pursuant to which the Agency will retain a leasehold interest in the Facility for a period of time and sublease such interest in the Facility back to the Company (the “Straight Lease Transaction”).  The Facility will be initially owned and operated by the Company.

The Agency will acquire a leasehold interest in the Facility and lease the Facility back to the Company.  The Company will operate the Facility during the term of the lease.  At the end of the lease term, the leasehold interest will be terminated.  The Agency contemplates that it will provide financial assistance to the Company for qualifying portions of the Project in the form of sales and use tax exemption benefits, mortgage recording tax exemption benefits, and real property tax abatement benefits (the “PILOT Agreement”).  The terms of the PILOT Agreement contain a deviation from the Agency’s Uniform Tax Exemption Policy (the "Policy").  The Agency is contemplating a deviation from the Policy as follows:  The Agency contemplates providing a fixed annual PILOT payment of $4,500 per megawatt (MW) of the Facility’s nameplate capacity for a term of up to twenty five (25) years, increasing annually by two percent (2%).

A representative of the Agency will be present at the above-stated time and place to present a copy of the Application and hear and accept written and oral comments from all persons with views in favor of or opposed to the proposed financial assistance.  Written comments may be submitted at this public hearing or delivered to the Agency at 95 Perry Street-Suite 403, Buffalo, NY 14203 until the comment period closes at 4:00 p.m. on September 21, 2021.  The Project Application is available for public inspection at the Agency’s website at

This public hearing is being conducted in accordance with Subdivision 2 of Section 859-a of the New York General Municipal Law.

Click here for a copy of the application (PDF) 

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