S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6901--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced  by  M. of A. ROZIC, DICKENS, EPSTEIN, SIMONE, COLTON, ZINER-
   MAN, REYES -- 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 raising the
   tax abatement rate and extending certain deadlines  for  purposes   of
   the  green  roof tax abatement for certain properties in a city of one
   million or more persons
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 10 of section 499-aaa of the real property  tax
 law, as amended by chapter 79 of the laws of 2019, is amended to read as
 follows:
   10.  "Green  roof"  shall  mean  an  addition to a roof of an eligible
 building that [covers at least fifty percent of such building's eligible
 rooftop space and] includes (a) a weatherproof  and  waterproof  roofing
 membrane layer that complies with local construction and fire codes, (b)
 a  root  barrier  layer,  (c)  a drainage layer that complies with local
 construction and fire codes  and  is  designed  so  the  drains  can  be
 inspected  and  cleaned, (d) a filter or separation fabric, (e) a growth
 medium, including natural or simulated soil, with a depth  of  at  least
 [two]  ONE AND ONE-HALF inches, (f) if the depth of the growth medium is
 less than three inches, an  independent  water  holding  layer  that  is
 designed  to  prevent  the  rapid drying of the growth medium, such as a
 non-woven fabric, pad or foam mat [or controlled flow roof drain, unless
 the green roof is certified not to need regular irrigation  to  maintain
 live  plants],  and  (g)  a vegetation layer, at least eighty percent of
 which must be covered by live  plants  such  as  (i)  sedum  or  equally
 drought  resistant  and  hardy plant species, (ii) native plant species,
 and/or (iii) agricultural plant species.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07437-03-3
 A. 6901--A                          2
              
             
                          
                 
   § 2. Subdivision 1 of section 499-bbb of the real property tax law, as
 amended by chapter 79 of the  laws  of  2019,  is  amended  to  read  as
 follows:
   1. (a) The amount of such tax abatement for any tax year commencing on
 or  after  July  first,  two  thousand nine and ending on or before June
 thirtieth, two thousand fourteen shall be four dollars and  fifty  cents
 per  square foot of a green roof pursuant to an approved application for
 tax abatement; provided, however, that the amount of such tax  abatement
 shall  not exceed the lesser of (i) one hundred thousand dollars or (ii)
 the tax liability for the eligible building in the tax year in which the
 tax abatement is taken.
   (b) The total amount of such tax abatement commencing on or after July
 first, two thousand fourteen and ending on or before June thirtieth, two
 thousand [twenty-four] TWENTY-SEVEN, shall be [five]  TEN  dollars  [and
 twenty-three  cents]  per  square  foot  of  a green roof pursuant to an
 approved application for tax  abatement;  provided,  however,  that  the
 amount  of  such  tax  abatement  shall  not exceed two hundred thousand
 dollars. To the extent the amount of  such  tax  abatement  exceeds  the
 total tax liability in any tax year, any remaining amount may be applied
 to  the tax liability in succeeding tax years, provided that such abate-
 ment must be applied within five years of the tax year in which the  tax
 abatement was initially taken.
   (c)  Notwithstanding  paragraph  (b)  of  this  subdivision,  property
 located  within  specifically  designated  New   York   city   community
 districts,  selected by an agency designated by the mayor of the city of
 New York pursuant to subdivision five of this section, shall receive  an
 enhanced  tax  abatement for any green roof [with a growth medium with a
 depth of at least four inches]. The total amount of  such  enhanced  tax
 abatement  commencing  on or after July first, two thousand nineteen and
 ending on or before June thirtieth, two thousand  [twenty-four]  TWENTY-
 SEVEN, shall be fifteen dollars per square foot of a green roof pursuant
 to  an approved application for enhanced tax abatement: provided, howev-
 er, that the amount of such enhanced tax abatement shall not exceed  two
 hundred  thousand dollars. To the extent the amount of such enhanced tax
 abatement exceeds the total tax liability in any tax year, any remaining
 amount may be applied to the tax  liability  in  succeeding  tax  years,
 provided  that  such  abatement must be applied within five years of the
 tax year in which the tax abatement was initially taken.
   (d) Notwithstanding paragraph (b) or  (c)  of  this  subdivision,  the
 aggregate  amount  of  tax abatements allowed under this subdivision for
 the tax year commencing July first, two  thousand  fourteen  and  ending
 June thirtieth, two thousand fifteen shall be a maximum of seven hundred
 fifty  thousand  dollars,  and  the  aggregate  amount of tax abatements
 allowed under this subdivision for any tax year commencing on  or  after
 July first, two thousand fifteen and ending on or before June thirtieth,
 two thousand [twenty-four] TWENTY-SEVEN shall be a maximum of [one] FOUR
 million  dollars. No tax abatements shall be allowed under this subdivi-
 sion for any tax year commencing on or after July  first,  two  thousand
 [twenty-four] TWENTY-SEVEN.
   (e)  Such  aggregate  amount  of tax abatements including enhanced tax
 abatements, shall be allocated by the department of finance  on  a  [pro
 rata]  FIRST  COME FIRST SERVE basis among applicants whose applications
 have been approved by a designated agency. If  such  allocation  is  not
 made  prior  to  the  date that the real property tax bill, statement of
 account or other similar bill or statement is prepared, then the depart-
 ment of finance shall, as necessary,  after  such  allocation  is  made,
 A. 6901--A                          3
 
 submit  an amended real property tax bill, statement of account or other
 similar bill or statement to  any  applicant  whose  abatement  must  be
 adjusted  to reflect such allocation. Nothing in this paragraph shall be
 deemed  to  affect  the  obligation of any taxpayer under applicable law
 with respect to the payment of any installment of real property tax  for
 the  fiscal  year as to which such allocation is made, which was due and
 payable prior to the date such amended real property tax bills are sent,
 and the department of finance shall be authorized to determine the  date
 on which amended bills are to be sent and the installments of real prop-
 erty tax which are to be reflected therein.
   §  3. Subdivision 1 and paragraph (c) of subdivision 3 of section 499-
 ccc of the real property tax law, subdivision 1 as amended by chapter 79
 of the laws of 2019 and paragraph (c) of subdivision 3 as added by chap-
 ter 461 of the laws of 2008, are amended to read as follows:
   1. To obtain a tax abatement pursuant to this title, an applicant must
 file an application for tax abatement, which may be filed  on  or  after
 January  first, two thousand nine, and on or before March fifteenth, two
 thousand [twenty-three] TWENTY-SIX.
   (c) Certifications, in a form prescribed by a designated agency,  from
 an  engineer  or  architect  or other certified or licensed professional
 whom a designated agency designates by rule (i) [of  eligible  roof  top
 space,  (ii)]  that  a  green  roof  has been constructed on an eligible
 building in accordance with this title, the rules promulgated hereunder,
 and local construction and fire codes, [(iii)] (II)  that  a  structural
 analysis  of  such  building  has  been  performed establishing that the
 building can sustain the load of the green roof  in  a  fully  saturated
 condition, and [(iv)] (III) pursuant to paragraph (f) of subdivision ten
 of  section four hundred ninety-nine-aaa of this title, if required. All
 certifications required by this title or the rules hereunder  shall  set
 forth  the  specific findings upon which the certification is based, and
 shall include information sufficient to identify the eligible  building,
 the certifying engineer, architect or other professional, and such other
 information as may be prescribed by a designated agency.
   § 4. This act shall take effect immediately.