S T A T E O F N E W Y O R K
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49
2019-2020 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2019
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Introduced by M. of A. CAHILL -- read once and referred to the Committee
on Real Property Taxation
AN ACT to amend the real property tax law, in relation to establishing a
green development neighborhood 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:
§ 431. GREEN DEVELOPMENT NEIGHBORHOOD TAX EXEMPTION. 1. AS USED IN
THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "MUNICIPAL CORPORATION" MEANS ANY TOWN, CITY OR VILLAGE, EXCEPT
FOR A CITY HAVING MORE THAN ONE MILLION INHABITANTS.
(B) "APPLICANT" MEANS ANY PERSON OBLIGATED TO PAY REAL PROPERTY TAXES
ON THE PROPERTY FOR WHICH AN EXEMPTION FROM REAL PROPERTY TAXES UNDER
THIS SECTION IS SOUGHT.
(C) "CERTIFIED SILVER" SHALL MEAN (I) NGBS SILVER LEVEL CERTIFIED BY
HOME INNOVATION RESEARCH LABS AT A PERFORMANCE LEVEL OF SILVER OR
BETTER, OR (II) LEED FOR NEW CONSTRUCTION CERTIFIED SILVER OR BETTER.
(D) "GREEN DEVELOPMENT NEIGHBORHOOD" SHALL MEAN A SUBDIVISION,
CONSISTING OF NEW ONE, TWO OR THREE FAMILY RESIDENCES THAT IS (A) EITHER
A NGBS GREEN CERTIFIED LAND DEVELOPMENT OR LEED-ND CERTIFIED, AND (B)
SUBJECT TO DEED RESTRICTIONS OR OTHER COVENANTS RUNNING WITH THE LAND
WHICH REQUIRE ALL RESIDENCES WITHIN THE SUBDIVISION TO BE CONSTRUCTED SO
AS TO BE CERTIFIED SILVER OR BETTER.
(E) "NGBS GREEN CERTIFIED LAND DEVELOPMENT" SHALL MEAN A NATIONAL
GREEN BUILDING STANDARD GREEN SUBDIVISION WITH A CERTIFICATION ISSUED BY
HOME INNOVATION RESEARCH LABS.
(F) "LEED" SHALL MEAN THE UNITED STATES GREEN BUILDING COUNCIL LEADER-
SHIP IN ENERGY AND ENVIRONMENTAL DESIGN RATING SYSTEM.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01968-01-9
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(G) "RESIDENCE" SHALL MEAN A ONE, TWO OR THREE FAMILY RESIDENTIAL
STRUCTURE.
(H) "LEED-ND" SHALL MEAN LEED FOR NEIGHBORHOOD DEVELOPMENT.
(I) "NGBS" SHALL MEAN THE NATIONAL GREEN BUILDING STANDARD AS APPROVED
BY THE AMERICAN NATIONAL STANDARDS INSTITUTE.
(J) "PERSON" MEANS AN INDIVIDUAL, CORPORATION, LIMITED LIABILITY
COMPANY, PARTNERSHIP, ASSOCIATION, AGENCY, TRUST, ESTATE, FOREIGN OR
DOMESTIC GOVERNMENT OR SUBDIVISION THEREOF, OR OTHER ENTITY.
2. (A) THE LOCAL LEGISLATIVE BODY OF ANY MUNICIPAL CORPORATION MAY, BY
LOCAL LAW, PROVIDE FOR THE EXEMPTION OF REAL PROPERTY FROM TAXATION AS
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. UPON THE ADOPTION OF SUCH A
LOCAL LAW, THE COUNTY IN WHICH SUCH MUNICIPAL CORPORATION IS LOCATED
MAY, BY LOCAL LAW, AND ANY SCHOOL DISTRICT, ALL OR PART OF WHICH IS
LOCATED IN SUCH MUNICIPAL CORPORATION, MAY, BY RESOLUTION, EXEMPT SUCH
PROPERTY FROM ITS TAXATION IN THE SAME MANNER AND TO THE SAME EXTENT AS
SUCH MUNICIPAL CORPORATION. UPON THE ADOPTION OF SUCH A LOCAL LAW,
RESIDENTIAL AND COMMON AREA REAL PROPERTY WITHIN A GREEN DEVELOPMENT
NEIGHBORHOOD MEETING THE REQUIREMENTS OF PARAGRAPH (B) OF THIS SUBDIVI-
SION SHALL HAVE A MAXIMUM EXEMPTION FROM TAXATION AND SPECIAL AD VALOREM
LEVIES TO THE EXTENT OF ANY INCREASE IN ASSESSED VALUE RESULTING FROM
THE CONSTRUCTION OF A GREEN DEVELOPMENT NEIGHBORHOOD. SUCH LOCAL LAW
SHALL PROVIDE FOR THE PERCENTAGE OF SUCH EXEMPTION AND THE PERIOD OF
TIME DURING WHICH SUCH EXEMPTION SHALL CONTINUE, BUT IN NO EVENT LONGER
THAN TEN YEARS FOR EACH PARCEL WHICH APPLIES FOR SUCH EXEMPTION.
(B) UPON OBTAINING A LEED-ND CERTIFICATION OR NGBS GREEN CERTIFIED
LAND DEVELOPMENT CERTIFICATION, A DEVELOPER SHALL FILE WITH THE TAX
ASSESSOR OF THE ASSESSING UNIT A COPY OF SUCH CERTIFICATION TOGETHER
WITH A MAP OF THE SUBDIVISION AND EVIDENCE THAT ALL OF THE RESIDENTIAL
PARCELS WITHIN THE SUBDIVISION ARE SUBJECT TO DEED RESTRICTIONS OR
COVENANTS RUNNING WITH THE LAND WHICH REQUIRE RESIDENCES TO BE
CONSTRUCTED SO AS TO BE CERTIFIED SILVER OR BETTER. INDIVIDUAL RESIDEN-
TIAL PARCELS WITHIN THE SUBDIVISION SHALL BE ENTITLED TO A TAX EXEMPTION
AS PROVIDED IN THE LOCAL LAW OR RESOLUTION UPON SUBMISSION TO THE TAX
ASSESSOR OF DOCUMENTATION THAT THE CONSTRUCTION IS CERTIFIED SILVER OR
BETTER. COMMON AREA AND VACANT PARCELS WITHIN THE SUBDIVISION SHALL BE
EXEMPT AS PROVIDED IN THE LOCAL LAW OR RESOLUTION UPON SUBMISSION OF THE
CERTIFICATION AND MAP TO THE ASSESSOR BY THE DEVELOPER.
(C) AN EXEMPTION UNDER THIS SECTION SHALL BE GRANTED ONLY UPON APPLI-
CATION BY THE OWNER OF SUCH REAL PROPERTY ON A FORM PRESCRIBED BY THE
COMMISSIONER. SUCH APPLICATION SHALL BE FILED WITH THE ASSESSOR OF THE
MUNICIPAL CORPORATION OR COUNTY HAVING THE POWER TO ASSESS PROPERTY FOR
TAXATION ON OR BEFORE THE APPROPRIATE TAXABLE STATUS DATE OF SUCH MUNIC-
IPAL CORPORATION OR COUNTY.
(D) 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 AND
SPECIAL AD VALOREM LEVIES AS PROVIDED IN THIS SECTION COMMENCING WITH
THE ASSESSMENT ROLL PREPARED AFTER THE TAXABLE STATUS DATE FOLLOWING THE
SUBMISSION OF AN APPLICATION TO THE ASSESSOR. 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.
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(E) NO SUCH EXEMPTION SHALL BE GRANTED UNLESS CONSTRUCTION OF RESI-
DENCES WITHIN A GREEN DEVELOPMENT NEIGHBORHOOD WAS COMMENCED SUBSEQUENT
TO THE DATE ON WHICH THE MUNICIPAL CORPORATION'S LOCAL LAW TOOK EFFECT.
§ 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 are authorized to be made on or
before such date.