Bill Text: NY S00049 | 2021-2022 | General Assembly | Introduced
Bill Title: Establishes a green development neighborhood tax exemption.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Engrossed - Dead) 2022-03-07 - referred to real property taxation [S00049 Detail]
Download: New_York-2021-S00049-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 49 2021-2022 Regular Sessions IN SENATE (Prefiled) January 6, 2021 ___________ Introduced by Sen. KAPLAN -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the real property tax law, in relation to establishing a green development neighborhood 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 § 431. Green development neighborhood tax exemption. 1. As used in 4 this section, the following terms shall have the following meanings: 5 (a) "Municipal corporation" means any town, city or village, except 6 for a city having more than one million inhabitants. 7 (b) "Applicant" means any person obligated to pay real property taxes 8 on the property for which an exemption from real property taxes under 9 this section is sought. 10 (c) "Certified silver" shall mean (i) NGBS silver level certified by 11 Home Innovation Research Labs at a performance level of silver or 12 better, or (ii) LEED for new construction certified silver or better. 13 (d) "Green development neighborhood" shall mean a subdivision, 14 consisting of new one, two or three family residences that is (a) either 15 a NGBS green certified land development or LEED-ND certified, and (b) 16 subject to deed restrictions or other covenants running with the land 17 which require all residences within the subdivision to be constructed so 18 as to be certified silver or better. 19 (e) "NGBS green certified land development" shall mean a national 20 green building standard green subdivision with a certification issued by 21 Home Innovation Research Labs. 22 (f) "LEED" shall mean the United States green building council leader- 23 ship in energy and environmental design rating system. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00655-01-1S. 49 2 1 (g) "Residence" shall mean a one, two or three family residential 2 structure. 3 (h) "LEED-ND" shall mean LEED for neighborhood development. 4 (i) "NGBS" shall mean the national green building standard as approved 5 by the American National Standards Institute. 6 (j) "Person" means an individual, corporation, limited liability 7 company, partnership, association, agency, trust, estate, foreign or 8 domestic government or subdivision thereof, or other entity. 9 2. (a) The local legislative body of any municipal corporation may, by 10 local law, provide for the exemption of real property from taxation as 11 provided in this section, provided the governing board of such municipal 12 corporation, after conducting a public hearing, adopts a local law, 13 ordinance or resolution providing therefor. Upon the adoption of such a 14 local law, the county in which such municipal corporation is located 15 may, by local law, and any school district, all or part of which is 16 located in such municipal corporation, may, by resolution, exempt such 17 property from its taxation in the same manner and to the same extent as 18 such municipal corporation. Upon the adoption of such a local law, 19 residential and common area real property within a green development 20 neighborhood meeting the requirements of paragraph (b) of this subdivi- 21 sion shall have a maximum exemption from taxation and special ad valorem 22 levies to the extent of any increase in assessed value resulting from 23 the construction of a green development neighborhood. Such local law 24 shall provide for the percentage of such exemption and the period of 25 time during which such exemption shall continue, but in no event longer 26 than ten years for each parcel which applies for such exemption. 27 (b) Upon obtaining a LEED-ND certification or NGBS green certified 28 land development certification, a developer shall file with the tax 29 assessor of the assessing unit a copy of such certification together 30 with a map of the subdivision and evidence that all of the residential 31 parcels within the subdivision are subject to deed restrictions or 32 covenants running with the land which require residences to be 33 constructed so as to be certified silver or better. Individual residen- 34 tial parcels within the subdivision shall be entitled to a tax exemption 35 as provided in the local law or resolution upon submission to the tax 36 assessor of documentation that the construction is certified silver or 37 better. Common area and vacant parcels within the subdivision shall be 38 exempt as provided in the local law or resolution upon submission of the 39 certification and map to the assessor by the developer. 40 (c) An exemption under this section shall be granted only upon appli- 41 cation by the owner of such real property on a form prescribed by the 42 commissioner. Such application shall be filed with the assessor of the 43 municipal corporation or county having the power to assess property for 44 taxation on or before the appropriate taxable status date of such munic- 45 ipal corporation or county. 46 (d) If the assessor is satisfied that the applicant is entitled to an 47 exemption pursuant to this section, he or she shall approve the applica- 48 tion and such real property shall thereafter be exempt from taxation and 49 special ad valorem levies as provided in this section commencing with 50 the assessment roll prepared after the taxable status date following the 51 submission of an application to the assessor. The assessed value of any 52 exemption granted pursuant to this section shall be entered by the 53 assessor on the assessment roll with the taxable property, with the 54 amount of the exemption shown in a separate column.S. 49 3 1 (e) No such exemption shall be granted unless construction of resi- 2 dences within a green development neighborhood was commenced subsequent 3 to the date on which the municipal corporation's local law took effect. 4 § 2. This act shall take effect on the one hundred twentieth day after 5 it shall have become a law. Effective immediately, the addition, amend- 6 ment and/or repeal of any rule or regulation necessary for the implemen- 7 tation of this act on its effective date are authorized to be made on or 8 before such date.