senate Bill S6664

2011-2012 Legislative Session

Establishes a green development home tax exemption

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 11, 2012 referred to real property taxation
delivered to assembly
passed senate
Jun 04, 2012 advanced to third reading
May 31, 2012 2nd report cal.
May 30, 2012 1st report cal.959
May 02, 2012 reported and committed to finance
Mar 08, 2012 referred to local government

Votes

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May 30, 2012 - Finance committee Vote

S6664
30
0
committee
30
Aye
0
Nay
3
Aye with Reservations
0
Absent
2
Excused
0
Abstained
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May 2, 2012 - Local Government committee Vote

S6664
7
0
committee
7
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Local Government committee vote details

Local Government Committee Vote: May 2, 2012

aye wr (1)

Co-Sponsors

S6664 - Bill Details

See Assembly Version of this Bill:
A10739
Current Committee:
Law Section:
Real Property Tax Law
Laws Affected:
Add ยง431, RPT L

S6664 - Bill Texts

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Establishes a green development home tax exemption 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.

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BILL NUMBER:S6664

TITLE OF BILL:
An act
to amend the real property tax law, in relation to establishing a green
development home tax exemption

PURPOSE:
This legislation would allow a tax exemption for real
property tax exemption of thirty five percent for a period of no
longer than twenty years if authorized by the local municipality.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 creates the Green
development home tax exemption which would be a thirty five percent
exemption for a period of no longer than twenty years.
This section provides that such an incentive shall be at local option.
This section further provides that such homes shall be 1, 2, 3 story
homes are designated a green development or are LEED-ND certified.
Further this section specifies what national standards must be meet in
order to be eligible to qualify for the benefit.
Section 2 is the effective date.

JUSTIFICATION:
In order to facilitate growth in the green home market
an incentive is needed as these homes typically cost more than the
average new home.
In order to qualify for this incentive a new home will have to meet
specific National Association of Home Builders (NAHB) or Leadership
in Energy and Environmental Design (LEED). Specific of these
standards that these homes will have to meet include but are not
limited: protection of high value vegetation, improved soil, low or
no VOC finishes, rain barrels at down spouts, recycled content
building materials must be used as 2 major components, built in
recycling collection space, renewable energy sources per house,
energy star rating of 3.0 or higher, low flow showers and toilets,
green certified products must be used. These are a few examples.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day
after it shall have become a law. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective
date is authorized to be made on or before such date.

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

                                  6664

                            I N  S E N A T E

                              March 8, 2012
                               ___________

Introduced  by Sen. GRISANTI -- 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

  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 431 to read as follows:
  S 431. GREEN DEVELOPMENT HOME TAX EXEMPTION. 1. THE LOCAL  LEGISLATIVE
BODY  OF ANY CITY, TOWN OR VILLAGE IS HEREBY AUTHORIZED AND EMPOWERED TO
ADOPT AND AMEND A LOCAL LAW TO PROVIDE  THAT  ANY  REAL  PROPERTY  WHICH
SATISFIES  THE  REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION SHALL BE
GRANTED A REDUCED REAL PROPERTY TAX RATE AS  SET  FORTH  IN  SUBDIVISION
THREE OF THIS SECTION.
  2.  SUCH LOCAL LAW SHALL PROVIDE THAT FOR REAL PROPERTY TO QUALIFY FOR
THE EXEMPTION SET FORTH IN SUBDIVISION THREE OF THIS SECTION, SUCH  REAL
PROPERTY  SHALL  BE  A  ONE, TWO OR THREE FAMILY RESIDENCE AND PART OF A
DEVELOPMENT THAT:
  (A) IS EITHER (I) A GREEN DEVELOPMENT OR (II) LEED-ND CERTIFIED; AND
  (B) CONTAINS  HOMES,  SEVENTY-FIVE  PERCENT  OF  WHICH  ARE  CERTIFIED
SILVER.
  3.  SUCH LOCAL LAW SHALL PROVIDE THAT REAL PROPERTY THAT SATISFIES THE
CRITERIA SET FORTH IN SUBDIVISION TWO OF THIS SECTION SHALL BE PARTIALLY
EXEMPT FROM LOCAL REAL PROPERTY TAXATION FOR  A  PERIOD  NOT  TO  EXCEED
TWENTY  YEARS IN THE AGGREGATE AFTER THE TAXABLE STATUS DATE IMMEDIATELY
FOLLOWING  THE  SATISFACTION  THEREOF,  AS   FOLLOWS:   EXEMPTION   FROM
THIRTY-FIVE PERCENT OF SUCH TAXATION.
  4.  (A)  UPON  SUCCESSFUL  LEED CERTIFICATION OR NAHB CERTIFICATION, A
DEVELOPER SHALL NOTIFY THE TAX ASSESSOR OF ANY ASSESSING UNIT THAT  SUCH
DEVELOPMENT  SATISFIES  THE REQUIREMENTS SET FORTH IN SUBDIVISION TWO OF
THIS SECTION AND THAT ALL REAL PROPERTY LOCATED WITHIN SUCH  DEVELOPMENT
SHALL BE GRANTED A REDUCED REAL PROPERTY TAX RATE AS SET FORTH IN SUBDI-
VISION THREE OF THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14826-01-2

S. 6664                             2

  (B) AN EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL COMMENCE AS OF
THE  DATE  OF  THE NOTIFICATION OF THE TAX ASSESSOR, AND SHALL TERMINATE
UPON THE EXPIRATION OR TERMINATION OF THE CERTIFICATIONS REQUIRED PURSU-
ANT TO SUBDIVISION TWO OF THIS SECTION.
  5.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
  (A) "CERTIFIED SILVER" SHALL MEAN (I) CERTIFIED BY THE  NAHB  NATIONAL
GREEN  BUILDING  CERTIFICATION  PROGRAM  AT A PERFORMANCE POINT LEVEL OF
SILVER OR BETTER, OR (II) LEED FOR NEW CONSTRUCTION CERTIFIED SILVER  OR
BETTER.
  (B)  "DEVELOPMENT"  SHALL MEAN A NEIGHBORHOOD OR COMMUNITY OF NEW ONE,
TWO OR THREE FAMILY RESIDENCES WHICH SHALL INCLUDE ALL STREETS, LOTS AND
COMMON AREAS.
  (C) "GREEN DEVELOPMENT" SHALL MEAN A DEVELOPMENT  WITH  A  PERFORMANCE
POINT LEVEL OF FOUR STARS AS RATED BY THE NAHB.
  (D) "LEED" SHALL MEAN THE UNITED STATES GREEN BUILDING COUNCIL LEADER-
SHIP IN ENERGY AND ENVIRONMENTAL DESIGN RATING SYSTEM.
  (E) "LEED-ND" SHALL MEAN LEED FOR NEIGHBORHOOD DEVELOPMENT.
  (F) "NAHB" SHALL MEAN THE NATIONAL ASSOCIATION OF HOME BUILDERS.
  S 2. This act shall take effect on the one hundred twentieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date is authorized to be made on  or
before such date.

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