Bill Text: NY S03644 | 2015-2016 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Establishes a green development home tax exemption for certain counties 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 4-0)
Status: (Engrossed - Dead) 2016-05-05 - referred to real property taxation [S03644 Detail]
Download: New_York-2015-S03644-Introduced.html
Bill Title: Establishes a green development home tax exemption for certain counties 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 4-0)
Status: (Engrossed - Dead) 2016-05-05 - referred to real property taxation [S03644 Detail]
Download: New_York-2015-S03644-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 3644 2015-2016 Regular Sessions I N S E N A T E February 13, 2015 ___________ Introduced by Sen. PANEPINTO -- 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 in Erie county 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. ERIE COUNTY GREEN DEVELOPMENT HOME TAX EXEMPTION. 1. AS USED 4 IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 5 (A) "APPLICANT" MEANS ANY PERSON OBLIGATED TO PAY REAL PROPERTY TAXES 6 ON THE PROPERTY FOR WHICH AN EXEMPTION FROM REAL PROPERTY TAXES UNDER 7 THIS SECTION IS SOUGHT. 8 (B) "CERTIFIED SILVER" SHALL MEAN (I) CERTIFIED BY THE NAHB NATIONAL 9 GREEN BUILDING CERTIFICATION PROGRAM AT A PERFORMANCE POINT LEVEL OF 10 SILVER OR BETTER, OR (II) LEED FOR NEW CONSTRUCTION CERTIFIED SILVER OR 11 BETTER. 12 (C) "GREEN DEVELOPMENT NEIGHBORHOOD" SHALL MEAN A SUBDIVISION, 13 CONSISTING OF NEW ONE, TWO OR THREE FAMILY RESIDENCES THAT IS (I) EITHER 14 A GREEN DEVELOPMENT OR LEED-ND CERTIFIED, AND (II) SUBJECT TO DEED 15 RESTRICTIONS OR OTHER COVENANTS RUNNING WITH THE LAND WHICH REQUIRE ALL 16 RESIDENCES WITHIN THE SUBDIVISION TO BE CONSTRUCTED SO AS TO BE CERTI- 17 FIED SILVER. 18 (D) "GREEN DEVELOPMENT" SHALL MEAN A SUBDIVISION DEVELOPMENT WITH A 19 PERFORMANCE POINT LEVEL OF FOUR STARS AS RATED BY THE NAHB. 20 (E) "LEED" SHALL MEAN THE UNITED STATES GREEN BUILDING COUNCIL LEADER- 21 SHIP IN ENERGY AND ENVIRONMENTAL DESIGN RATING SYSTEM. 22 (F) "RESIDENCE" SHALL MEAN A ONE, TWO OR THREE FAMILY RESIDENTIAL 23 STRUCTURE. 24 (G) "LEED-ND" SHALL MEAN LEED FOR NEIGHBORHOOD DEVELOPMENT. 25 (H) "NAHB" SHALL MEAN THE NATIONAL ASSOCIATION OF HOME BUILDERS. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06322-02-5 S. 3644 2 1 (I) "PERSON" MEANS AN INDIVIDUAL, CORPORATION, LIMITED LIABILITY 2 COMPANY, PARTNERSHIP, ASSOCIATION, AGENCY, TRUST, ESTATE, FOREIGN OR 3 DOMESTIC GOVERNMENT OR SUBDIVISION THEREOF, OR OTHER ENTITY. 4 2. (A) THE COUNTY OF ERIE MAY, BY LOCAL LAW, PROVIDE FOR THE EXEMPTION 5 OF REAL PROPERTY FROM TAXATION AS PROVIDED IN THIS SECTION. ERIE COUNTY 6 MAY, BY LOCAL LAW, AND ANY SCHOOL DISTRICT, ALL OR PART OF WHICH IS 7 LOCATED IN SUCH COUNTY, MAY, BY RESOLUTION, EXEMPT SUCH PROPERTY FROM 8 ITS TAXATION IN THE SAME MANNER AND TO THE SAME EXTENT AS SUCH COUNTY. 9 UPON THE ADOPTION OF SUCH A LOCAL LAW, RESIDENTIAL AND COMMON AREA REAL 10 PROPERTY WITHIN A GREEN DEVELOPMENT NEIGHBORHOOD MEETING THE REQUIRE- 11 MENTS OF PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE EXEMPT FROM TAXATION 12 AND SPECIAL AD VALOREM LEVIES TO THE EXTENT OF THIRTY-FIVE PERCENT OF 13 THE ASSESSED VALUE OF SUCH REAL PROPERTY. SUCH LOCAL LAW SHALL PROVIDE 14 FOR THE PERIOD OF TIME DURING WHICH SUCH EXEMPTION SHALL CONTINUE, BUT 15 IN NO EVENT LONGER THAN TWENTY YEARS FOR EACH PARCEL WHICH APPLIES FOR 16 SUCH EXEMPTION. 17 (B) UPON OBTAINING A LEED-ND CERTIFICATION OR GREEN DEVELOPMENT 18 CERTIFICATION, A DEVELOPER SHALL FILE WITH THE TAX ASSESSOR OF THE 19 ASSESSING UNIT A COPY OF SUCH CERTIFICATION TOGETHER WITH A MAP OF THE 20 SUBDIVISION AND EVIDENCE THAT ALL OF THE RESIDENTIAL PARCELS WITHIN THE 21 SUBDIVISION ARE SUBJECT TO DEED RESTRICTIONS OR COVENANTS RUNNING WITH 22 THE LAND WHICH REQUIRE RESIDENCES TO BE CONSTRUCTED SO AS TO BE CERTI- 23 FIED SILVER. INDIVIDUAL RESIDENTIAL PARCELS WITHIN THE SUBDIVISION SHALL 24 BE ENTITLED TO A TAX EXEMPTION AS PROVIDED IN THE LOCAL LAW OR RESOL- 25 UTION UPON SUBMISSION TO THE TAX ASSESSOR OF DOCUMENTATION THAT THE 26 CONSTRUCTION IS CERTIFIED SILVER. COMMON AREA AND VACANT PARCELS WITHIN 27 THE SUBDIVISION SHALL BE EXEMPT AS PROVIDED IN THE LOCAL LAW OR RESOL- 28 UTION UPON SUBMISSION OF THE CERTIFICATION AND MAP TO THE ASSESSOR BY 29 THE DEVELOPER. 30 (C) AN EXEMPTION UNDER THIS SECTION SHALL BE GRANTED ONLY UPON APPLI- 31 CATION BY THE OWNER OF SUCH REAL PROPERTY ON A FORM PRESCRIBED BY THE 32 COMMISSIONER. SUCH APPLICATION SHALL BE FILED WITH THE ASSESSOR OF ERIE 33 COUNTY HAVING THE POWER TO ASSESS PROPERTY FOR TAXATION ON OR BEFORE THE 34 APPROPRIATE TAXABLE STATUS DATE OF SUCH MUNICIPALITY OR COUNTY. 35 (D) IF THE ASSESSOR IS SATISFIED THAT THE APPLICANT IS ENTITLED TO AN 36 EXEMPTION PURSUANT TO THIS SECTION, HE OR SHE SHALL APPROVE THE APPLICA- 37 TION AND SUCH REAL PROPERTY SHALL THEREAFTER BE EXEMPT FROM TAXATION AND 38 SPECIAL AD VALOREM LEVIES AS PROVIDED IN THIS SECTION COMMENCING WITH 39 THE ASSESSMENT ROLL PREPARED AFTER THE TAXABLE STATUS DATE FOLLOWING THE 40 SUBMISSION OF AN APPLICATION TO THE ASSESSOR. THE ASSESSED VALUE OF ANY 41 EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL BE ENTERED BY THE 42 ASSESSOR ON THE ASSESSMENT ROLL WITH THE TAXABLE PROPERTY, WITH THE 43 AMOUNT OF THE EXEMPTION SHOWN IN A SEPARATE COLUMN. 44 (E) NO SUCH EXEMPTION SHALL BE GRANTED UNLESS CONSTRUCTION OF RESI- 45 DENCES WITHIN A GREEN DEVELOPMENT NEIGHBORHOOD WAS COMMENCED SUBSEQUENT 46 TO THE DATE ON WHICH THE LOCAL LAW TOOK EFFECT. 47 S 2. This act shall take effect on the one hundred twentieth day after 48 it shall have become a law. Effective immediately, the addition, amend- 49 ment and/or repeal of any rule or regulation necessary for the implemen- 50 tation of this act on its effective date is authorized to be made on or 51 before such date.