NY State Assembly Bill 2009-A9819

Assembly Bill A9819

2009-2010 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 29, 2010	referred to real property taxation

2009-A9819 (ACTIVE) - Details

See Senate Version of this Bill:: S6755
Current Committee:: Assembly Real Property Taxation
Law Section:: Real Property Tax Law
Laws Affected:: Add §470, RPT L
Versions Introduced in 2011-2012 Legislative Session:: A1415, S1462

2009-A9819 (ACTIVE) - Summary

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

2009-A9819 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A9819

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 LEED 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.

SUMMARY OF PROVISIONS: Section 1 of the bill amends
the real
property tax law by adding a new section 470 which provides a
property tax exemption for LEED certified buildings at local
option.

Section 2 of the legislation 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.

Section 3 lists eligibility criteria for the exemption:

(a) construction of improvements must commence after
January 1, 2011 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.

Section 4 provides for the commencement of the exemption upon the
approval of the assessor. The exemption will be effective after the
taxable status 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 energy efficient buildings. This
incentive would further build upon New York's efforts by encouraging
more homeowners and businesses to go "green".

LEGISLATIVE HISTORY: New Legislation, 2010.

FISCAL IMPACT ON THE STATE: To be determined.

EFFECTIVE DATE: This act shall take effect immediately.

2009-A9819 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9819

                          I N  A S S E M B L Y

                            January 29, 2010
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on Real Property Taxation

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 LEED 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 LEED
CERTIFICATION STANDARDS FOR GREEN BUILDINGS. 1. CONSTRUCTION OF IMPROVE-
MENTS TO REAL PROPERTY INITIATED ON OR AFTER THE FIRST DAY  OF  JANUARY,
TWO  THOUSAND  ELEVEN  MEETING  LEED  CERTIFICATION  STANDARDS FOR GREEN
BUILDINGS AS PROVIDED IN THIS SECTION, SHALL BE EXEMPT FROM TAXATION  BY
ANY  MUNICIPAL  CORPORATION  IN  WHICH LOCATED TO THE EXTENT PROVIDED IN
THIS SECTION, PROVIDED THE GOVERNING BOARD OF SUCH  MUNICIPALITY,  AFTER
PUBLIC  HEARING,  ADOPTS  A LOCAL LAW, ORDINANCE OR RESOLUTION PROVIDING
THEREFOR.
  2. SUCH REAL PROPERTY OR PORTION THEREOF WHICH IS  CERTIFIED  UNDER  A
CERTIFICATION  STANDARD  APPROVED  BY THE MUNICIPAL CORPORATION WHICH IS
DETERMINED TO BE EQUIVALENT TO THE LEED CERTIFICATION FOR THE CATEGORIES
OF CERTIFIED, SILVER, GOLD OR PLATINUM AS MEETING GREEN BUILDING  STAND-
ARDS  SHALL  BE  EXEMPT AS PROVIDED BELOW FOR THE RESPECTIVE PERCENTAGES
PROVIDED THAT A COPY OF THE CERTIFICATION FOR A  QUALIFIED  CATEGORY  IS
FILED  WITH  THE  ASSESSOR OF THE MUNICIPAL CORPORATION AND THE ASSESSOR
APPROVES THE APPLICATION FOR THE  APPLICABLE  CATEGORY  AS  MEETING  THE
REQUIREMENTS  OF THIS SECTION AND THE MUNICIPAL CORPORATION'S LOCAL LAW,
ORDINANCE OR RESOLUTION.
                             LEED EXEMPTION
YEAR      CERTIFIED/SILVER         GOLD      PLATINUM
1         100%                     100%      100%
2         100%                     100%      100%
3         100%                     100%      100%

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD15311-01-0

A. 9819                             2

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 ELEVEN 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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