NY State Senate Bill 2009-S6755

Senate Bill S6755

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 Senate Committee Local Government 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
Feb 03, 2010	referred to local government

2009-S6755 (ACTIVE) - Details

See Assembly Version of this Bill:: A9819
Current Committee:: Senate Local Government
Law Section:: Real Property Tax Law
Laws Affected:: Add §470, RPT L
Versions Introduced in 2011-2012 Legislative Session:: S1462, A1415

2009-S6755 (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-S6755 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6755

 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 bill.

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
Immediately.

2009-S6755 (ACTIVE) - Bill Text download pdf

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

                                  6755

                            I N  S E N A T E

                            February 3, 2010
                               ___________

Introduced  by  Sen. LAVALLE -- 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 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

S. 6755                             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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