Bill Text: NY S00874 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Establishes a green development neighborhood tax exemption.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2018-03-21 - referred to real property taxation [S00874 Detail]

Download: New_York-2017-S00874-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                           874
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 5, 2017
                                       ___________
        Introduced  by  Sen.  ORTT  --  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 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    § 431. Green development home tax exemption.    1.  As  used  in  this
     4  section, the following terms shall have the following meanings:
     5    (a)  "Municipality" means any town, city or village, except for a city
     6  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) 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    (d)   "Green  development  neighborhood"  shall  mean  a  subdivision,
    15  consisting of new one, two or three family residences that is (a) either
    16  a green development or  LEED-ND  certified,  and  (b)  subject  to  deed
    17  restrictions  or other covenants running with the land which require all
    18  residences within the subdivision to be constructed so as to  be  certi-
    19  fied silver.
    20    (e)  "Green  development"  shall mean a subdivision development with a
    21  performance point level of four stars as rated by the NAHB.
    22    (f) "LEED" shall mean the United States green building council leader-
    23  ship in energy and environmental design rating system.
    24    (g) "Residence" shall mean a one,  two  or  three  family  residential
    25  structure.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01618-01-7
        S. 874                              2
     1    (h) "LEED-ND" shall mean LEED for neighborhood development.
     2    (i) "NAHB" shall mean the national association of home builders.
     3    (j)  "Person"  means  an  individual,  corporation,  limited liability
     4  company, partnership, association, agency,  trust,  estate,  foreign  or
     5  domestic government or subdivision thereof, or other entity.
     6    2.  (a)  The  local legislative body of any municipality may, by local
     7  law, provide for  the  exemption  of  real  property  from  taxation  as
     8  provided  in  this  section.  Upon the adoption of such a local law, the
     9  county in which such municipality is located may, by local law, and  any
    10  school  district,  all or part of which is located in such municipality,
    11  may, by resolution, exempt such property from its taxation in  the  same
    12  manner and to the same extent as such municipality. Upon the adoption of
    13  such  a  local  law,  residential and common area real property within a
    14  green development neighborhood meeting the requirements of paragraph (b)
    15  of this subdivision shall be exempt from taxation and special ad valorem
    16  levies to the extent of thirty-five percent of  the  assessed  value  of
    17  such  real property. Such local law shall provide for the period of time
    18  during which such exemption shall continue, but in no event longer  than
    19  twenty years for each parcel which applies for such exemption.
    20    (b)  Upon  obtaining  a  LEED-ND  certification  or  green development
    21  certification, a developer shall file  with  the  tax  assessor  of  the
    22  assessing  unit  a copy of such certification together with a map of the
    23  subdivision and evidence that all of the residential parcels within  the
    24  subdivision  are  subject to deed restrictions or covenants running with
    25  the land which require residences to be constructed so as to  be  certi-
    26  fied silver. Individual residential parcels within the subdivision shall
    27  be  entitled  to  a tax exemption as provided in the local law or resol-
    28  ution upon submission to the tax  assessor  of  documentation  that  the
    29  construction  is certified silver. Common area and vacant parcels within
    30  the subdivision shall be exempt as provided in the local law  or  resol-
    31  ution  upon  submission  of the certification and map to the assessor by
    32  the developer.
    33    (c) An exemption under this section shall be granted only upon  appli-
    34  cation  by  the  owner of such real property on a form prescribed by the
    35  commissioner. Such application shall be filed with the assessor  of  the
    36  municipality  or county having the power to assess property for taxation
    37  on or before the appropriate taxable status date of such municipality or
    38  county.
    39    (d) If the assessor is satisfied that the applicant is entitled to  an
    40  exemption pursuant to this section, he or she shall approve the applica-
    41  tion and such real property shall thereafter be exempt from taxation and
    42  special  ad  valorem  levies as provided in this section commencing with
    43  the assessment roll prepared after the taxable status date following the
    44  submission of an application to the assessor. The assessed value of  any
    45  exemption  granted  pursuant  to  this  section  shall be entered by the
    46  assessor on the assessment roll with  the  taxable  property,  with  the
    47  amount of the exemption shown in a separate column.
    48    (e)  No  such  exemption shall be granted unless construction of resi-
    49  dences within a green development neighborhood was commenced  subsequent
    50  to the date on which the municipality's local law took effect.
    51    § 2. This act shall take effect on the one hundred twentieth day after
    52  it  shall have become a law. Effective immediately, the addition, amend-
    53  ment and/or repeal of any rule or regulation necessary for the implemen-
    54  tation of this act on its effective date is authorized to be made on  or
    55  before such date.