Bill Text: NY A01253 | 2013-2014 | General Assembly | Introduced
Bill Title: Establishes a green development home tax exemption authorizing a 35% exemption from local real property taxation for homes that are part of green developments as LEED certified or certified by the national association of home builders.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2013-05-24 - enacting clause stricken [A01253 Detail]
Download: New_York-2013-A01253-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1253 2013-2014 Regular Sessions I N A S S E M B L Y (PREFILED) January 9, 2013 ___________ Introduced by M. of A. CAHILL -- read once and referred to the Committee on Real Property Taxation AN ACT to amend the real property tax law, in relation to establishing a green development home tax exemption THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The real property tax law is amended by adding a new 2 section 431 to read as follows: 3 S 431. GREEN DEVELOPMENT HOME TAX EXEMPTION. 1. THE LOCAL LEGISLATIVE 4 BODY OF ANY CITY, TOWN OR VILLAGE IS HEREBY AUTHORIZED AND EMPOWERED TO 5 ADOPT AND AMEND A LOCAL LAW TO PROVIDE THAT ANY REAL PROPERTY WHICH 6 SATISFIES THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION SHALL BE 7 GRANTED A REDUCED REAL PROPERTY TAX RATE AS SET FORTH IN SUBDIVISION 8 THREE OF THIS SECTION. 9 2. SUCH LOCAL LAW SHALL PROVIDE THAT FOR REAL PROPERTY TO QUALIFY FOR 10 THE EXEMPTION SET FORTH IN SUBDIVISION THREE OF THIS SECTION, SUCH REAL 11 PROPERTY SHALL BE A ONE, TWO OR THREE FAMILY RESIDENCE AND PART OF A 12 DEVELOPMENT THAT: 13 (A) IS EITHER (I) A GREEN DEVELOPMENT OR (II) LEED-ND CERTIFIED; AND 14 (B) CONTAINS HOMES, SEVENTY-FIVE PERCENT OF WHICH ARE CERTIFIED 15 SILVER. 16 3. SUCH LOCAL LAW SHALL PROVIDE THAT REAL PROPERTY THAT SATISFIES THE 17 CRITERIA SET FORTH IN SUBDIVISION TWO OF THIS SECTION SHALL BE PARTIALLY 18 EXEMPT FROM LOCAL REAL PROPERTY TAXATION FOR A PERIOD NOT TO EXCEED 19 TWENTY YEARS IN THE AGGREGATE AFTER THE TAXABLE STATUS DATE IMMEDIATELY 20 FOLLOWING THE SATISFACTION THEREOF, AS FOLLOWS: EXEMPTION FROM 21 THIRTY-FIVE PERCENT OF SUCH TAXATION. 22 4. (A) UPON SUCCESSFUL LEED CERTIFICATION OR NAHB CERTIFICATION, A 23 DEVELOPER SHALL NOTIFY THE TAX ASSESSOR OF ANY ASSESSING UNIT THAT SUCH 24 DEVELOPMENT SATISFIES THE REQUIREMENTS SET FORTH IN SUBDIVISION TWO OF EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04024-01-3 A. 1253 2 1 THIS SECTION AND THAT ALL REAL PROPERTY LOCATED WITHIN SUCH DEVELOPMENT 2 SHALL BE GRANTED A REDUCED REAL PROPERTY TAX RATE AS SET FORTH IN SUBDI- 3 VISION THREE OF THIS SECTION. 4 (B) AN EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL COMMENCE AS OF 5 THE DATE OF THE NOTIFICATION OF THE TAX ASSESSOR, AND SHALL TERMINATE 6 UPON THE EXPIRATION OR TERMINATION OF THE CERTIFICATIONS REQUIRED PURSU- 7 ANT TO SUBDIVISION TWO OF THIS SECTION. 8 5. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE 9 THE FOLLOWING MEANINGS: 10 (A) "CERTIFIED SILVER" SHALL MEAN (I) CERTIFIED BY THE NAHB NATIONAL 11 GREEN BUILDING CERTIFICATION PROGRAM AT A PERFORMANCE POINT LEVEL OF 12 SILVER OR BETTER, OR (II) LEED FOR NEW CONSTRUCTION CERTIFIED SILVER OR 13 BETTER. 14 (B) "DEVELOPMENT" SHALL MEAN A NEIGHBORHOOD OR COMMUNITY OF NEW ONE, 15 TWO OR THREE FAMILY RESIDENCES WHICH SHALL INCLUDE ALL STREETS, LOTS AND 16 COMMON AREAS. 17 (C) "GREEN DEVELOPMENT" SHALL MEAN A DEVELOPMENT WITH A PERFORMANCE 18 POINT LEVEL OF FOUR STARS AS RATED BY THE NAHB. 19 (D) "LEED" SHALL MEAN THE UNITED STATES GREEN BUILDING COUNCIL LEADER- 20 SHIP IN ENERGY AND ENVIRONMENTAL DESIGN RATING SYSTEM. 21 (E) "LEED-ND" SHALL MEAN LEED FOR NEIGHBORHOOD DEVELOPMENT. 22 (F) "NAHB" SHALL MEAN THE NATIONAL ASSOCIATION OF HOME BUILDERS. 23 S 2. This act shall take effect on the one hundred twentieth day after 24 it shall have become a law. Effective immediately, the addition, amend- 25 ment and/or repeal of any rule or regulation necessary for the implemen- 26 tation of this act on its effective date is authorized to be made on or 27 before such date.