senate Bill S1462D

Signed By Governor
2011-2012 Legislative Session

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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Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 18, 2012 signed chap.188
approval memo.4
Jul 06, 2012 delivered to governor
Jun 20, 2012 returned to senate
passed assembly
ordered to third reading rules cal.406
substituted for a1415d
Jun 11, 2012 referred to ways and means
delivered to assembly
passed senate
May 31, 2012 advanced to third reading
May 30, 2012 2nd report cal.
May 23, 2012 1st report cal.900
Apr 16, 2012 print number 1462d
amend and recommit to local government
Feb 17, 2012 print number 1462c
amend and recommit to local government
Jan 30, 2012 print number 1462b
amend and recommit to local government
Jan 04, 2012 referred to local government
returned to senate
died in assembly
Jun 14, 2011 referred to ways and means
delivered to assembly
passed senate
ordered to third reading cal.1203
Jun 13, 2011 committee discharged and committed to rules
Feb 09, 2011 print number 1462a
amend and recommit to local government
Jan 07, 2011 referred to local government

Votes

view votes

May 23, 2012 - Local Government committee Vote

S1462D
8
0
committee
8
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Local Government committee vote details

Local Government Committee Vote: May 23, 2012

Jun 14, 2011 - Rules committee Vote

S1462A
23
0
committee
23
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A
B
C
D (Active)
Original
A
B
C
D (Active)

S1462 - Bill Details

See Assembly Version of this Bill:
A1415D
Law Section:
Real Property Tax Law
Laws Affected:
Add §470, RPT L
Versions Introduced in 2009-2010 Legislative Session:
S6755, A9819

S1462 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S1462

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, 2012 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:
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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 1462                                                  A. 1415

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             January 7, 2011
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment

IN  ASSEMBLY  -- 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 TWELVE  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03846-01-1

S. 1462                             2                            A. 1415

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%
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 TWELVE 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.

Co-Sponsors

S1462A - Bill Details

See Assembly Version of this Bill:
A1415D
Law Section:
Real Property Tax Law
Laws Affected:
Add §470, RPT L
Versions Introduced in 2009-2010 Legislative Session:
S6755, A9819

S1462A - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S1462A

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 to authorize a municipal
corporation, at local option, to provide a real property tax
exemption for improvements to real property meeting LEED
certification standards for green buildings.

1. Provides that construction of improvements to real property
initiated on or after the January 1, 2012, meeting LEED certification
standards for green buildings provided in this section, shall be
exempt from taxation by any municipal corporation which 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, 2012 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 energy efficient buildings. 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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 1462--A                                            A. 1415--A

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             January 7, 2011
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment  --  committee  discharged,  bill  amended,  ordered reprinted as
  amended and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
  to  the  Committee  on Real Property Taxation -- 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 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  TWELVE,  MEETING  LEED  CERTIFICATION STANDARDS FOR GREEN
BUILDINGS AS PROVIDED IN THIS SECTION, 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.  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03846-03-1

S. 1462--A                          2                         A. 1415--A

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 TWELVE, 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.

Co-Sponsors

S1462B - Bill Details

See Assembly Version of this Bill:
A1415D
Law Section:
Real Property Tax Law
Laws Affected:
Add §470, RPT L
Versions Introduced in 2009-2010 Legislative Session:
S6755, A9819

S1462B - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S1462B

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 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, 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.

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:
2010: S.6755/A.9819

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 1462--B                                            A. 1415--B

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             January 7, 2011
                               ___________

IN  SENATE  --  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

IN ASSEMBLY -- Introduced by M. of A. THIELE, GALEF, ENGLEBRIGHT, ROSEN-
  THAL,  CALHOUN  --  Multi-Sponsored by -- M. of A. MURRAY -- read once
  and referred to the Committee on Real Property Taxation  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  recommitted to the Committee on Real Property
  Taxation in accordance with Assembly Rule 3, sec. 2  --  reported  and
  referred  to  the Committee on Ways and Means -- 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 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  THIRTEEN,  MEETING LEED CERTIFICATION STANDARDS FOR GREEN
BUILDINGS AS PROVIDED IN THIS SECTION, SHALL BE EXEMPT FROM TAXATION  BY
ANY  MUNICIPAL  CORPORATION  IN  WHICH  SUCH  PROPERTY IS LOCATED TO THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03846-04-2

S. 1462--B                          2                         A. 1415--B

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.  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.

Co-Sponsors

S1462C - Bill Details

See Assembly Version of this Bill:
A1415D
Law Section:
Real Property Tax Law
Laws Affected:
Add §470, RPT L
Versions Introduced in 2009-2010 Legislative Session:
S6755, A9819

S1462C - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S1462C

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 or substantially
equivalent standards for certification using a similar program to
LEED certification for green building 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 to authorize a municipal corporation, at local option, to
provide a real property tax exemption for improvements to real
property meeting LEED certification standards for green buildings or
substantially equivalent standards for certification using a similar
program to LEED certification for green buildings as determined by
the municipal corporation.

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 or
substantially equivalent standards for certification using a similar
program to LEED certification for green buildings as determined by
the municipal corporation, shall be exempt from taxation by an
municipal corporation which adopts a local law, ordinance or
resolution providing therefore.

2. Sets forth the percentage of the exemption based on the LEED
certification classification (certified/silver, gold or platinum).
The percentages of the 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 maybe
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 due 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 or
substantially equivalent standards for certification using a similar
program to LEED certification as determined by the municipal
corporation 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:
2010 S.6755/A.98l9

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 1462--C                                            A. 1415--C

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             January 7, 2011
                               ___________

IN  SENATE  --  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 committee

IN ASSEMBLY -- Introduced by M. of A. THIELE, GALEF, ENGLEBRIGHT, ROSEN-
  THAL, CALHOUN, COLTON -- Multi-Sponsored by -- M. of A. MURRAY -- read
  once and referred to  the  Committee  on  Real  Property  Taxation  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- recommitted to the Committee on  Real
  Property  Taxation  in  accordance  with  Assembly  Rule  3, sec. 2 --
  reported and referred to the Committee on Ways and Means --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  -- again reported from said committee with amend-
  ments, 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 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03846-05-2

S. 1462--C                          2                         A. 1415--C

TWO THOUSAND THIRTEEN, MEETING LEED CERTIFICATION  STANDARDS  FOR  GREEN
BUILDINGS AS PROVIDED IN THIS SECTION, OR SUBSTANTIALLY EQUIVALENT STAN-
DARDS  FOR  CERTIFICATION  USING A SIMILAR PROGRAM TO LEED CERTIFICATION
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 GOVERN-
ING BOARD OF SUCH MUNICIPAL CORPORATION, AFTER CONDUCTING A PUBLIC HEAR-
ING, ADOPTS A LOCAL LAW, ORDINANCE OR RESOLUTION PROVIDING THEREFOR.
  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.

Co-Sponsors

S1462D (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A1415D
Law Section:
Real Property Tax Law
Laws Affected:
Add §470, RPT L
Versions Introduced in 2009-2010 Legislative Session:
S6755, A9819

S1462D (ACTIVE) - Bill Texts

view summary

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

view 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 full text
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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:

  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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