The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2900
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2019
                                ___________
 
 Introduced  by Sens. KAPLAN, ORTT -- 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 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.
   (G) "RESIDENCE" SHALL MEAN A ONE,  TWO  OR  THREE  FAMILY  RESIDENTIAL
 STRUCTURE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01968-01-9

 S. 2900                             2
 
   (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.
   (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.

 S. 2900                             3

   § 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.