senate Bill S1462D

Signed by Governor

Authorizes a municipal corporation to provide a real property tax exemption for improvements to real property meeting certification standards for green building

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 07 / Jan / 2011
    • REFERRED TO LOCAL GOVERNMENT
  • 09 / Feb / 2011
    • AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • 09 / Feb / 2011
    • PRINT NUMBER 1462A
  • 13 / Jun / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 14 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1203
  • 14 / Jun / 2011
    • PASSED SENATE
  • 14 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 14 / Jun / 2011
    • REFERRED TO WAYS AND MEANS
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO LOCAL GOVERNMENT
  • 30 / Jan / 2012
    • AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • 30 / Jan / 2012
    • PRINT NUMBER 1462B
  • 17 / Feb / 2012
    • AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • 17 / Feb / 2012
    • PRINT NUMBER 1462C
  • 16 / Apr / 2012
    • AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • 16 / Apr / 2012
    • PRINT NUMBER 1462D
  • 23 / May / 2012
    • 1ST REPORT CAL.900
  • 30 / May / 2012
    • 2ND REPORT CAL.
  • 31 / May / 2012
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2012
    • PASSED SENATE
  • 11 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2012
    • REFERRED TO WAYS AND MEANS
  • 20 / Jun / 2012
    • SUBSTITUTED FOR A1415D
  • 20 / Jun / 2012
    • ORDERED TO THIRD READING RULES CAL.406
  • 20 / Jun / 2012
    • PASSED ASSEMBLY
  • 20 / Jun / 2012
    • RETURNED TO SENATE
  • 06 / Jul / 2012
    • DELIVERED TO GOVERNOR
  • 18 / Jul / 2012
    • APPROVAL MEMO.4
  • 18 / Jul / 2012
    • SIGNED CHAP.188

Summary

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

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Bill Details

See Assembly Version of this Bill:
A1415D
Versions:
S1462
S1462A
S1462B
S1462C
S1462D
Legislative Cycle:
2011-2012
Law Section:
Real Property Tax Law
Laws Affected:
Add ยง470, RPT L
Versions Introduced in 2009-2010 Legislative Cycle:
S6755, A9819

Sponsor Memo

BILL NUMBER:S1462D

TITLE OF BILL:
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

PURPOSE:
Authorizes a municipal corporation to
provide a real property
tax exemption for improvements to real property meeting LEED
certification standards for green buildings provided in this section,
the green building initiative's green globes rating system, the
American National Standards Institute, or substantially equivalent
standards for certification using a similar program for green
buildings as determined by the municipal corporation.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends the real property
tax law by adding a new section 470 relating to exemptions to
improvements to real property meeting certification standards for
green buildings.

1. Provides that construction of improvements to real property
initiated on or after the January 1, 2013, meeting LEED certification
standards for green buildings provided in this section, the green
building initiative's green globes rating system, the American
National Standards Institute, or substantially equivalent standards
for certification using a similar program for green buildings as
determined by the municipal corporation, shall be exempt from
taxation by any municipal corporation in which such property is
located to the extent provided in this section, provided the
governing board of such municipal corporation, after conducting a
public hearing, adopts a local law, ordinance or resolution providing
therefor.

2. Sets forth the percentage of the exemption based on the LEED
certification classification (certified/silver, gold or platinum).
The percentages of exemptions are listed by year.

3. Lists eligibility criteria for the exemption: (a) construction of
improvements must commence after January 1, 2013 or later as may be
specified by local law; (b) project exceeds $10,000; and (c) proper
documentation required. Further provides that "ordinary maintenance
and repairs" do not qualify for this exemption.

4. Provides for the commencement of the exemption upon the approval of
the assessor. The exemption will be effective after the taxable
status date.

Section 2 of the bill provides for an immediate effective date.

JUSTIFICATION:
New York has become proactive in bolstering efforts to
reduce greenhouse gas emissions by promoting energy efficiency in
homes and businesses throughout the State. Significant measures have
been enacted in an effort to accomplish this goal. This legislation
would allow municipal corporations to adopt local laws granting a
real property tax exemption for property improvements meeting LEED
certification standards for green
buildings provided in this section, the green building initiative's
green globes rating system. the American National Standards
Institute, or substantially equivalent standards for certification
using a similar program for green buildings as determined by the
municipal corporation. This incentive would further build upon New
York's efforts by encouraging more homeowners and businesses to go
"green".

LEGISLATIVE HISTORY:
2010: A.9819/S.6755 - Remained in Committee

FISCAL IMPACT ON THE STATE:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    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:

  Section  1.  The  real  property  tax  law  is amended by adding a new
section 470 to read as follows:
  S 470. EXEMPTION FOR IMPROVEMENTS TO  REAL  PROPERTY  MEETING  CERTIF-
ICATION  STANDARDS FOR GREEN BUILDINGS.  1. CONSTRUCTION OF IMPROVEMENTS
TO REAL PROPERTY INITIATED ON OR AFTER THE FIRST  DAY  OF  JANUARY,  TWO
THOUSAND THIRTEEN, MEETING LEED CERTIFICATION STANDARDS FOR GREEN BUILD-
INGS  AS PROVIDED IN THIS SECTION, THE GREEN BUILDING INITIATIVE'S GREEN
GLOBES RATING SYSTEM, THE  AMERICAN  NATIONAL  STANDARDS  INSTITUTE,  OR
SUBSTANTIALLY  EQUIVALENT  STANDARDS  FOR  CERTIFICATION USING A SIMILAR
PROGRAM FOR GREEN BUILDINGS AS DETERMINED BY THE MUNICIPAL  CORPORATION,
SHALL BE EXEMPT FROM TAXATION BY ANY MUNICIPAL CORPORATION IN WHICH SUCH
PROPERTY IS LOCATED TO THE EXTENT PROVIDED IN THIS SECTION, PROVIDED THE
GOVERNING BOARD OF SUCH MUNICIPAL CORPORATION, AFTER CONDUCTING A PUBLIC
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

  2.  SUCH REAL PROPERTY, OR PORTION THEREOF, WHICH IS CERTIFIED UNDER A
LEED CERTIFICATION STANDARD FOR THE  CATEGORIES  OF  CERTIFIED,  SILVER,
GOLD OR PLATINUM AS MEETING GREEN BUILDING STANDARDS, AS DETERMINED BY A
LEED  ACCREDITED  PROFESSIONAL SHALL BE EXEMPT AS PROVIDED BELOW FOR THE
RESPECTIVE  PERCENTAGES  PROVIDED  THAT A COPY OF THE LEED CERTIFICATION
FOR A QUALIFIED CATEGORY IS FILED WITH  THE  ASSESSOR'S  OFFICE  AND  IS
APPROVED BY THE ASSESSOR AS MEETING THE REQUIREMENTS OF THIS SECTION AND
THE  MUNICIPAL  CORPORATION'S  LOCAL LAW, ORDINANCE OR RESOLUTION.  SUCH
EXEMPTION SHALL BE TO THE EXTENT  OF  ANY  INCREASE  IN  ASSESSED  VALUE
RESULTING  FROM THE CONSTRUCTION OR RECONSTRUCTION OF A PROPERTY MEETING
LEED CERTIFICATION.
                             LEED EXEMPTION
YEAR      CERTIFIED/SILVER         GOLD      PLATINUM
1         100%                     100%      100%
2         100%                     100%      100%
3         100%                     100%      100%
4         80%                      100%      100%
5         60%                      80%       100%
6         40%                      60%       100%
7         20%                      40%       80%
8         0%                       20%       60%
9         0%                       0%        40%
10        0%                       0%        20%
  3. NO SUCH EXEMPTION SHALL BE GRANTED UNLESS: (A) SUCH CONSTRUCTION OF
IMPROVEMENTS WAS COMMENCED ON OR AFTER THE FIRST  DAY  OF  JANUARY,  TWO
THOUSAND  THIRTEEN, OR SUCH LATER DATE AS MAY BE SPECIFIED BY LOCAL LAW;
(B) THE VALUE OF SUCH CONSTRUCTION  EXCEEDS  THE  SUM  OF  TEN  THOUSAND
DOLLARS;  AND  (C) SUCH CONSTRUCTION IS DOCUMENTED BY A BUILDING PERMIT,
IF REQUIRED, FOR THE IMPROVEMENTS, OR OTHER APPROPRIATE DOCUMENTATION AS
REQUIRED BY  THE  ASSESSOR.  FOR  PURPOSES  OF  THIS  SECTION  THE  TERM
"CONSTRUCTION  OF  IMPROVEMENTS"  SHALL NOT INCLUDE ORDINARY MAINTENANCE
AND REPAIRS.
  4. IF THE ASSESSOR IS SATISFIED THAT THE APPLICANT IS ENTITLED  TO  AN
EXEMPTION PURSUANT TO THIS SECTION, HE OR SHE SHALL APPROVE THE APPLICA-
TION  AND SUCH REAL PROPERTY SHALL THEREAFTER BE EXEMPT FROM TAXATION BY
THE MUNICIPAL CORPORATION AS PROVIDED IN THIS  SECTION  COMMENCING  WITH
THE ASSESSMENT ROLL PREPARED AFTER THE TAXABLE STATUS DATE. THE ASSESSED
VALUE OF ANY EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL BE ENTERED
BY  THE  ASSESSOR ON THE ASSESSMENT ROLL WITH THE TAXABLE PROPERTY, WITH
THE AMOUNT OF THE EXEMPTION SHOWN IN A SEPARATE COLUMN.
  S 2. This act shall take effect immediately.

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