Bill Text: NY S01462 | 2011-2012 | General Assembly | Amended

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Bill Title: Authorizes a municipal corporation to provide a real property tax exemption for improvements to real property meeting LEED certification standards for green buildings.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2012-07-18 - SIGNED CHAP.188 [S01462 Detail]

Download: New_York-2011-S01462-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1462--D
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    January 7, 2011
                                      ___________
       Introduced by Sens. LAVALLE, DUANE, MONTGOMERY -- read twice and ordered
         printed,  and  when  printed to be committed to the Committee on Local
         Government -- committee discharged, bill amended, ordered reprinted as
         amended and recommitted  to  said  committee  --  recommitted  to  the
         Committee on Local Government in accordance with Senate Rule 6, sec. 8
         --  committee  discharged,  bill amended, ordered reprinted as amended
         and recommitted  to  said  committee  --  committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
         amended and recommitted to said committee
       AN  ACT to amend the real property tax law, in relation to authorizing a
         municipal corporation to provide a real  property  tax  exemption  for
         improvements  to  real  property  meeting  certification standards for
         green buildings
         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 470 to read as follows:
    3    S 470. EXEMPTION FOR IMPROVEMENTS TO  REAL  PROPERTY  MEETING  CERTIF-
    4  ICATION  STANDARDS FOR GREEN BUILDINGS.  1. CONSTRUCTION OF IMPROVEMENTS
    5  TO REAL PROPERTY INITIATED ON OR AFTER THE FIRST  DAY  OF  JANUARY,  TWO
    6  THOUSAND THIRTEEN, MEETING LEED CERTIFICATION STANDARDS FOR GREEN BUILD-
    7  INGS  AS PROVIDED IN THIS SECTION, THE GREEN BUILDING INITIATIVE'S GREEN
    8  GLOBES RATING SYSTEM, THE  AMERICAN  NATIONAL  STANDARDS  INSTITUTE,  OR
    9  SUBSTANTIALLY  EQUIVALENT  STANDARDS  FOR  CERTIFICATION USING A SIMILAR
   10  PROGRAM FOR GREEN BUILDINGS AS DETERMINED BY THE MUNICIPAL  CORPORATION,
   11  SHALL BE EXEMPT FROM TAXATION BY ANY MUNICIPAL CORPORATION IN WHICH SUCH
   12  PROPERTY IS LOCATED TO THE EXTENT PROVIDED IN THIS SECTION, PROVIDED THE
   13  GOVERNING BOARD OF SUCH MUNICIPAL CORPORATION, AFTER CONDUCTING A PUBLIC
   14  HEARING, ADOPTS A LOCAL LAW, ORDINANCE OR RESOLUTION PROVIDING THEREFOR.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03846-07-2
       S. 1462--D                          2
    1    2.  SUCH REAL PROPERTY, OR PORTION THEREOF, WHICH IS CERTIFIED UNDER A
    2  LEED CERTIFICATION STANDARD FOR THE  CATEGORIES  OF  CERTIFIED,  SILVER,
    3  GOLD OR PLATINUM AS MEETING GREEN BUILDING STANDARDS, AS DETERMINED BY A
    4  LEED  ACCREDITED  PROFESSIONAL SHALL BE EXEMPT AS PROVIDED BELOW FOR THE
    5  RESPECTIVE  PERCENTAGES  PROVIDED  THAT A COPY OF THE LEED CERTIFICATION
    6  FOR A QUALIFIED CATEGORY IS FILED WITH  THE  ASSESSOR'S  OFFICE  AND  IS
    7  APPROVED BY THE ASSESSOR AS MEETING THE REQUIREMENTS OF THIS SECTION AND
    8  THE  MUNICIPAL  CORPORATION'S  LOCAL LAW, ORDINANCE OR RESOLUTION.  SUCH
    9  EXEMPTION SHALL BE TO THE EXTENT  OF  ANY  INCREASE  IN  ASSESSED  VALUE
   10  RESULTING  FROM THE CONSTRUCTION OR RECONSTRUCTION OF A PROPERTY MEETING
   11  LEED CERTIFICATION.
   12                               LEED EXEMPTION
   13  YEAR      CERTIFIED/SILVER         GOLD      PLATINUM
   14  1         100%                     100%      100%
   15  2         100%                     100%      100%
   16  3         100%                     100%      100%
   17  4         80%                      100%      100%
   18  5         60%                      80%       100%
   19  6         40%                      60%       100%
   20  7         20%                      40%       80%
   21  8         0%                       20%       60%
   22  9         0%                       0%        40%
   23  10        0%                       0%        20%
   24    3. NO SUCH EXEMPTION SHALL BE GRANTED UNLESS: (A) SUCH CONSTRUCTION OF
   25  IMPROVEMENTS WAS COMMENCED ON OR AFTER THE FIRST  DAY  OF  JANUARY,  TWO
   26  THOUSAND  THIRTEEN, OR SUCH LATER DATE AS MAY BE SPECIFIED BY LOCAL LAW;
   27  (B) THE VALUE OF SUCH CONSTRUCTION  EXCEEDS  THE  SUM  OF  TEN  THOUSAND
   28  DOLLARS;  AND  (C) SUCH CONSTRUCTION IS DOCUMENTED BY A BUILDING PERMIT,
   29  IF REQUIRED, FOR THE IMPROVEMENTS, OR OTHER APPROPRIATE DOCUMENTATION AS
   30  REQUIRED BY  THE  ASSESSOR.  FOR  PURPOSES  OF  THIS  SECTION  THE  TERM
   31  "CONSTRUCTION  OF  IMPROVEMENTS"  SHALL NOT INCLUDE ORDINARY MAINTENANCE
   32  AND REPAIRS.
   33    4. IF THE ASSESSOR IS SATISFIED THAT THE APPLICANT IS ENTITLED  TO  AN
   34  EXEMPTION PURSUANT TO THIS SECTION, HE OR SHE SHALL APPROVE THE APPLICA-
   35  TION  AND SUCH REAL PROPERTY SHALL THEREAFTER BE EXEMPT FROM TAXATION BY
   36  THE MUNICIPAL CORPORATION AS PROVIDED IN THIS  SECTION  COMMENCING  WITH
   37  THE ASSESSMENT ROLL PREPARED AFTER THE TAXABLE STATUS DATE. THE ASSESSED
   38  VALUE OF ANY EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL BE ENTERED
   39  BY  THE  ASSESSOR ON THE ASSESSMENT ROLL WITH THE TAXABLE PROPERTY, WITH
   40  THE AMOUNT OF THE EXEMPTION SHOWN IN A SEPARATE COLUMN.
   41    S 2. This act shall take effect immediately.