S T A T E O F N E W Y O R K
________________________________________________________________________
5450
2023-2024 Regular Sessions
I N S E N A T E
March 6, 2023
___________
Introduced by Sens. JACKSON, CLEARE, COMRIE, HOYLMAN-SIGAL, SALAZAR,
SEPULVEDA -- read twice and ordered printed, and when printed to be
committed to the Committee on Cities 1
AN ACT to amend the real property tax law, in relation to providing a
tax abatement for facility-integrated carbon-to-value equipment
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 4 of the real property tax law is amended by adding
a new title 3-A to read as follows:
TITLE 3-A
CARBON-TO-VALUE TAX ABATEMENT FOR CERTAIN PROPERTIES IN A CITY OF
ONE MILLION OR MORE PERSONS
SECTION 498. DEFINITIONS.
498-A. TAX ABATEMENT TERMS AND AMOUNTS.
498-B. TAX ABATEMENT APPLICATION GUIDELINES AND RULES.
498-C. TAX ABATEMENT CONTINUING REQUIREMENTS.
498-D. TAX ABATEMENT REVOCATION RULES.
498-E. TAX ABATEMENT ENFORCEMENT AND ADMINISTRATION.
498-F. TAX LIEN AND INTEREST RULES.
§ 498. DEFINITIONS. WHEN USED IN THIS TITLE:
1. "ANTHROPOGENIC CARBON DIOXIDE EMISSIONS" SHALL REFER TO THE RELEASE
OF HEAT-TRAPPING CARBON DIOXIDE POLLUTION INTO THE ATMOSPHERE AS A
RESULT OF HUMAN ACTIVITIES.
2. "APPLICATION FOR TAX ABATEMENT" SHALL MEAN AN APPLICATION FOR A
FACILITY-INTEGRATED CARBON-TO-VALUE EQUIPMENT TAX ABATEMENT PURSUANT TO
SECTION FOUR HUNDRED NINETY-EIGHT-B OF THIS TITLE.
3. "CARBON DIOXIDE BENEFICIAL USE" SHALL REFER TO A PRACTICE THAT
INVOLVES THE UTILIZATION OF CARBON DIOXIDE IN A PROCESS TO MANUFACTURE A
PRODUCT OR OPERATE EQUIPMENT THAT: (A) RESULTS IN A NET REDUCTION IN
OPERATIONAL AND/OR EMBODIED CARBON DIOXIDE AT A FACILITY OR PROPERTY;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01156-01-3
S. 5450 2
AND (B) IS VERIFIED BY A LIFE CYCLE ASSESSMENT IN COMPLIANCE WITH INTER-
NATIONAL STANDARD ISO 14040.
4. "CARBON DIOXIDE CAPTURE" SHALL REFER TO THE PROCESS OF CAPTURING
CARBON DIOXIDE AT EMISSIONS POINT SOURCES LOCATED AT FACILITIES AND
BUILDINGS.
5. "CARBON DIOXIDE REMOVAL" SHALL REFER TO THE PROCESS OF REMOVING
CARBON DIOXIDE FROM THE ATMOSPHERE.
6. "CARBON DIOXIDE STORAGE" SHALL REFER TO THE PROCESS OF CHEMICALLY
AND/OR PHYSICALLY SEQUESTERING CARBON DIOXIDE EMISSIONS FROM POST-INDUS-
TRIAL OR ATMOSPHERIC SOURCES IN MATERIALS, PRODUCTS OR GEOLOGICAL FORMA-
TIONS FOR PERIODS OF TIME EQUAL TO OR GREATER THAN ONE HUNDRED YEARS.
7. "COMPLIANCE PERIOD" SHALL MEAN THE TAX YEAR IN WHICH A TAX ABATE-
MENT COMMENCES AND THE THREE TAX YEARS IMMEDIATELY THEREAFTER. FOR
ELIGIBLE CARBON-TO-VALUE APPLICATIONS PLACED IN SERVICE AT ELIGIBLE
BUILDINGS FOR WHICH ANNUAL PROPERTY TAX LIABILITY FOR THE ELIGIBLE
BUILDING IS LESS THAN ONE HUNDRED THOUSAND DOLLARS, AND FOR WHICH FIVE
PERCENT OF THE ELIGIBLE CARBON-TO-VALUE EQUIPMENT EXPENDITURES EXCEEDS
ONE HUNDRED THOUSAND DOLLARS, THE COMPLIANCE PERIOD SHALL BE EXTENDED TO
A MAXIMUM OF EIGHT TAX YEARS TO ALLOW ELIGIBLE BUILDING OWNERS TO AVAIL
A TAX ABATEMENT EQUAL TO THE LESSER OF TWENTY PERCENT OF ELIGIBLE
CARBON-TO-VALUE EQUIPMENT EXPENDITURES, OR EIGHT HUNDRED THOUSAND
DOLLARS.
8. "DESIGNATED AGENCY" SHALL MEAN ONE OR MORE AGENCIES OR DEPARTMENTS
OF A CITY HAVING A POPULATION OF ONE MILLION OR MORE PERSONS THAT ARE
DESIGNATED BY THE MAYOR OF SUCH CITY TO EXERCISE THE FUNCTIONS, POWERS
AND DUTIES OF A DESIGNATED AGENCY PURSUANT TO THIS TITLE, INCLUDING
CERTIFICATION OF ELIGIBLE CARBON-TO-VALUE EQUIPMENT, APPLICATIONS AND
BUILDINGS.
9. "ELIGIBLE CARBON-TO-VALUE APPLICATION" SHALL MEAN THE APPLICATION
OF CARBON-TO-VALUE EQUIPMENT AT FACILITIES FOR THE PURPOSES OF MITIGAT-
ING CARBON DIOXIDE EMISSIONS THAT ARE: (A) GENERATED AS A RESULT OF THE
OPERATION OF THAT FACILITY; AND/OR (B) THE MANUFACTURE OF MATERIALS THAT
ARE PREPARED OR PRODUCED AT THAT FACILITY, BY TECHNOLOGIES THAT REMOVE,
CAPTURE AND/OR BENEFICIALLY USE CARBON DIOXIDE, RESULTING IN A NET
REDUCTION OF CARBON DIOXIDE EMISSIONS.
10. "ELIGIBLE BUILDING" SHALL MEAN CLASS FOUR REAL PROPERTY LOCATED
WITHIN A CITY HAVING A POPULATION OF ONE MILLION OR MORE PERSONS. DESIG-
NATED AGENCIES SHALL BE EMPOWERED TO EXCLUDE PROPERTY TAX ABATEMENT
ELIGIBILITY OF CERTAIN BUILDING TYPES ON THE BASIS OF CARBON DIOXIDE
EMISSIONS REDUCTION AND/OR ENVIRONMENTAL JUSTICE CONSIDERATIONS IF THE
LATTER ARE DETERMINED TO CONTRADICT THE INTENT OF EXISTING LOCAL LAWS
THAT HAVE BEEN ESTABLISHED TO REDUCE THE CARBON DIOXIDE EMISSIONS OF
SUCH BUILDINGS. NO BUILDING SHALL BE ELIGIBLE FOR THE PROPERTY TAX
ABATEMENT, UNDER THIS PROVISION, IF THE DESIGNATED AGENCIES EMPOWERED TO
ADMINISTER SUCH ABATEMENT, DEEM THAT SUCH BUILDING HAS NOT EXHAUSTED
OTHER VIABLE METHODS TO REDUCE THE BUILDING'S CARBON EMISSIONS IN ALIGN-
MENT WITH RULES, OBJECTIVES AND PROGRAMS ESTABLISHED PURSUANT TO EXIST-
ING LOCAL LAWS. NO BUILDING SHALL BE ELIGIBLE FOR MORE THAN ONE TAX
ABATEMENT PURSUANT TO THIS TITLE.
11. "ELIGIBLE CARBON-TO-VALUE EQUIPMENT EXPENDITURES" SHALL MEAN
REASONABLE EXPENDITURES FOR MATERIALS, LABOR COSTS PROPERLY ALLOCABLE TO
ON-SITE PREPARATION, ASSEMBLY AND ORIGINAL INSTALLATION, ARCHITECTURAL
AND ENGINEERING SERVICES, AND DESIGNS AND PLANS DIRECTLY RELATED TO THE
CONSTRUCTION OR INSTALLATION OF CARBON-TO-VALUE EQUIPMENT INSTALLED IN
CONNECTION WITH AN ELIGIBLE BUILDING. SUCH ELIGIBLE EXPENDITURES SHALL
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NOT INCLUDE INTEREST OR OTHER FINANCE CHARGES, OR ANY EXPENDITURES
INCURRED USING A FEDERAL, STATE OR LOCAL GRANT.
12. "ENVIRONMENTAL JUSTICE AREAS" SHALL MEAN LOW-INCOME COMMUNITIES OR
MINORITY COMMUNITIES LOCATED IN A CITY OF ONE MILLION OR MORE PERSONS
THAT HAVE BEEN DESIGNATED AND DEFINED PURSUANT TO LOCAL LAW BASED ON
UNITED STATES CENSUS DATA.
13. "FACILITY-INTEGRATED CARBON-TO-VALUE EQUIPMENT" REFERS TO TECHNOL-
OGIES PLACED IN SERVICE AT BUILDINGS WITHIN A CITY OF ONE MILLION OR
MORE PERSONS THAT REMOVE CARBON DIOXIDE FROM THE AMBIENT AIR, CAPTURE
CARBON DIOXIDE FROM EMISSIONS POINT SOURCES LOCATED AT THE PROPERTY,
AND/OR UTILIZE CARBON DIOXIDE IN THE PRODUCTION OF GOODS AND MATERIALS.
QUALIFIED CARBON-TO-VALUE EQUIPMENT MUST PERFORM FUNCTIONS THAT RESULT
EITHER IN VERIFIABLE CARBON DIOXIDE REMOVAL AND STORAGE OR CONSTITUTE A
VERIFIABLE CARBON DIOXIDE BENEFICIAL USE THAT RESULTS IN REDUCED OR
AVOIDED CARBON DIOXIDE EMISSIONS.
§ 498-A. TAX ABATEMENT TERMS AND AMOUNTS. 1. IF THE FACILITY-INTEGRAT-
ED CARBON-TO-VALUE EQUIPMENT IS PLACED IN SERVICE ON OR AFTER JANUARY
FIRST, TWO THOUSAND TWENTY-THREE, AND NOT AFTER DECEMBER THIRTY-FIRST,
TWO THOUSAND TWENTY-EIGHT, FOR EACH YEAR OF THE COMPLIANCE PERIOD SUCH
TAX ABATEMENT SHALL BE THE LESSER OF: (A) FIVE PERCENT OF ELIGIBLE
FACILITY-INTEGRATED CARBON-TO-VALUE EQUIPMENT EXPENDITURES; (B) THE
AMOUNT OF TAXES PAYABLE IN SUCH TAX YEAR; OR (C) ONE HUNDRED THOUSAND
DOLLARS.
2. FOR FACILITY-INTEGRATED CARBON-TO-VALUE EQUIPMENT THAT CAPTURES
CARBON DIOXIDE FROM BOILER SYSTEMS THAT COMBUST FOSSIL-BASED HYDROCARBON
FUELS ELIGIBILITY FOR THE PROPERTY TAX ABATEMENT SHALL BE RESTRICTED TO
PROPERTIES THAT MEET THE FOLLOWING CONDITIONS:
(A) BOILER SYSTEMS THAT ARE LOCATED AT THE PROPERTY WERE PLACED IN
SERVICE BETWEEN JANUARY FIRST, TWO THOUSAND FIFTEEN AND APRIL TWENTY-
SECOND, TWO THOUSAND TWENTY.
(B) THE CARBON DIOXIDE CAPTURED AT THE PROPERTY BY THE PROPOSED
CARBON-TO-VALUE APPLICATION SHALL:
(I) BE UTILIZED SUBSEQUENT TO CAPTURE WITHIN THE PHYSICAL JURISDICTION
OF THE CITY WITH A POPULATION OF ONE MILLION OR MORE PEOPLE; AND
(II) RESULT IN THE STORAGE OF CARBON DIOXIDE IN MATERIALS FOR PERIODS
OF NO LESS THAN ONE HUNDRED YEARS IN DURATION.
(C) THE CARBON-TO-VALUE APPLICATION AT THE PROPERTY SHALL DEMONSTRATE
NET CARBON DIOXIDE REDUCTIONS AS VERIFIED BY A LIFE CYCLE ASSESSMENT IN
COMPLIANCE WITH INTERNATIONAL STANDARD ISO 14040.
(D) THE EQUIPMENT SHALL NOT BE LOCATED AT BUILDINGS LOCATED WITHIN
DESIGNATED ENVIRONMENTAL JUSTICE AREAS AS DEFINED BY A CITY OF ONE
MILLION OR MORE PERSONS PURSUANT TO LOCAL LAW.
§ 498-B. TAX ABATEMENT APPLICATION GUIDELINES AND RULES. 1. TO OBTAIN
A TAX ABATEMENT PURSUANT TO THIS TITLE, AN APPLICANT MUST FILE AN APPLI-
CATION FOR TAX ABATEMENT, WHICH MAY BE FILED ON OR AFTER JANUARY FIRST,
TWO THOUSAND TWENTY-FOUR, AND ON OR BEFORE MARCH FIFTEENTH, TWO THOUSAND
TWENTY-NINE.
2. SUCH AN APPLICATION SHALL CONTAIN THE FOLLOWING:
(A) THE NAME AND ADDRESS OF THE APPLICANT AND THE LOCATION OF THE
FACILITY-INTEGRATED CARBON-TO-VALUE EQUIPMENT.
(B) THE TYPE OF FACILITY-INTEGRATED CARBON-TO-VALUE EQUIPMENT.
(C) A DESCRIPTION OF THE SPECIFIC UTILIZATION OR UTILIZATIONS OF THE
CARBON DIOXIDE THAT WILL BE REMOVED OR CAPTURED BY THE FACILITY-INTE-
GRATED CARBON-TO-VALUE EQUIPMENT.
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(D) PROOF THAT THE APPLICANT RECEIVED ALL REQUIRED CERTIFICATIONS,
PERMITS AND OTHER APPROVALS TO CONSTRUCT THE FACILITY-INTEGRATED
CARBON-TO-VALUE EQUIPMENT.
(E) CERTIFICATIONS IN A FORM PRESCRIBED BY A DESIGNATED AGENCY, FROM
AN ARCHITECT, ENGINEER OR OTHER CERTIFIED OR LICENSED PROFESSIONAL WHOM
A DESIGNATED AGENCY DESIGNATES BY RULE, THAT: (I) A FACILITY-INTEGRATED
CARBON-TO-VALUE EQUIPMENT HAS BEEN PLACED IN SERVICE IN CONNECTION WITH
AN ELIGIBLE BUILDING IN ACCORDANCE WITH THIS TITLE, THE RULES PROMULGAT-
ED HEREUNDER, AND LOCAL CONSTRUCTION AND FIRE CODES; AND (II) IF DEEMED
APPLICABLE BY A DESIGNATED AGENCY, THE FACILITY-INTEGRATED CARBON-TO-VA-
LUE EQUIPMENT HAS BEEN PLACED ON THE ROOF OF A BUILDING OR OTHER STRUC-
TURE, THAT A STRUCTURAL ANALYSIS HAS BEEN PERFORMED ESTABLISHING THAT
SUCH BUILDING OR STRUCTURE CAN SUSTAIN THE LOAD OF SUCH FACILITY-INTE-
GRATED CARBON-TO-VALUE EQUIPMENT. ALL CERTIFICATIONS REQUIRED BY THIS
TITLE OR THE RULES PROMULGATED HEREUNDER SHALL SET FORTH THE SPECIFIC
FINDINGS UPON WHICH THE CERTIFICATION IS BASED, AND SHALL INCLUDE INFOR-
MATION 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.
(F) IF DEEMED APPLICABLE, AN AGREEMENT TO PERMIT A DESIGNATED AGENCY
OR ITS DESIGNEE TO INSPECT THE FACILITY-INTEGRATED CARBON-TO-VALUE
EQUIPMENT AND ANY RELATED STRUCTURES AND EQUIPMENT UPON REASONABLE
NOTICE.
(G) ANY OTHER INFORMATION OR CERTIFICATIONS REQUIRED BY A DESIGNATED
AGENCY PURSUANT TO THIS TITLE AND THE RULES PROMULGATED HEREUNDER.
§ 498-C. TAX ABATEMENT CONTINUING REQUIREMENTS. THE TAX ABATEMENT
SHALL BE CONDITIONED UPON:
1. CONTINUING COMPLIANCE DURING THE COMPLIANCE PERIOD WITH ALL APPLI-
CABLE PROVISIONS OF LAW, INCLUDING WITHOUT LIMITATION THE LOCAL
CONSTRUCTION AND FIRE CODES, MAINTAINING THE FACILITY-INTEGRATED
CARBON-TO-VALUE EQUIPMENT IN SUCH A MANNER THAT IT CONTINUOUSLY CONSTI-
TUTES A FACILITY-INTEGRATED CARBON-TO-VALUE EQUIPMENT WITHIN THE MEANING
OF THIS TITLE AND THE RULES PROMULGATED HEREUNDER, AND PERMITTING A
DESIGNATED AGENCY OR ITS DESIGNEE TO INSPECT THE FACILITY-INTEGRATED
CARBON-TO-VALUE EQUIPMENT AND ANY RELATED STRUCTURES AND EQUIPMENT UPON
REASONABLE NOTICE; AND
2. PROPERTY TAXES, WATER AND SEWER CHARGES, PAYMENTS IN LIEU OF TAXES
OR OTHER MUNICIPAL CHARGES WITH RESPECT TO AN ELIGIBLE BUILDING NOT
HAVING BEEN DUE AND OWING DURING THE COMPLIANCE PERIOD FOR A PERIOD OF
SIX MONTHS OR MORE.
§ 498-D. TAX ABATEMENT REVOCATION RULES. 1. THE DEPARTMENT OF TAXATION
AND FINANCE SHALL REVOKE, IN WHOLE OR IN PART, ANY TAX ABATEMENT GRANTED
PURSUANT TO THIS TITLE WHENEVER A DESIGNATED AGENCY HAS DETERMINED AND
NOTIFIED THE DEPARTMENT OF TAXATION AND FINANCE THAT:
(A) AN APPLICANT HAS FAILED TO COMPLY WITH A REQUIREMENT OF THIS TITLE
OR ANY RULE PROMULGATED HEREUNDER AT ANY TIME DURING THE COMPLIANCE
PERIOD INCLUDING, BUT NOT LIMITED TO, ANY OF THE CONTINUING REQUIREMENTS
SET FORTH IN SUBDIVISION ONE OF SECTION FOUR HUNDRED NINETY-NINE-C OF
THIS TITLE;
(B) AN ELIGIBLE BUILDING HAS NOT BEEN IN COMPLIANCE AT ANY TIME DURING
THE COMPLIANCE PERIOD WITH A REQUIREMENT OF THIS TITLE OR ANY RULE
PROMULGATED HEREUNDER;
(C) THE FACILITY-INTEGRATED CARBON-TO-VALUE EQUIPMENT FOR WHICH A TAX
ABATEMENT WAS GRANTED HAS AT ANY TIME DURING THE COMPLIANCE PERIOD
FAILED TO MEET ANY REQUIREMENT FOR A FACILITY-INTEGRATED CARBON-TO-VALUE
EQUIPMENT PURSUANT TO THIS TITLE OR ANY RULE PROMULGATED HEREUNDER;
S. 5450 5
(D) FACILITY-INTEGRATED CARBON-TO-VALUE EQUIPMENT HAS BECOME A FIRE OR
SAFETY HAZARD AT ANY TIME DURING THE COMPLIANCE PERIOD; OR
(E) AN APPLICATION, CERTIFICATION, REPORT OR OTHER DOCUMENT SUBMITTED
BY THE APPLICANT CONTAINS A FALSE OR MISLEADING STATEMENT AS TO A MATE-
RIAL FACT OR OMITS TO STATE ANY MATERIAL FACT NECESSARY IN ORDER TO MAKE
THE STATEMENT THEREIN NOT FALSE OR MISLEADING.
2. THE DEPARTMENT OF TAXATION AND FINANCE MAY REVOKE, IN WHOLE OR IN
PART, ANY TAX ABATEMENT GRANTED PURSUANT TO THIS TITLE WHENEVER IT HAS
DETERMINED THAT AN APPLICANT HAS FAILED TO COMPLY WITH THE CONTINUING
REQUIREMENTS SET FORTH IN SECTION FOUR HUNDRED NINETY-NINE-C OF THIS
TITLE.
3. WHERE IT HAS BEEN DETERMINED BY A DESIGNATED AGENCY, AFTER NOTICE
AND AN OPPORTUNITY TO BE HEARD, THAT ANY OF THE PROVISIONS OF SUBDIVI-
SION ONE OF THIS SECTION HAVE NOT BEEN COMPLIED WITH, SUCH DESIGNATED
AGENCY SHALL NOTIFY THE DEPARTMENT OF TAXATION AND FINANCE NO LATER THAN
THE NINETIETH DAY AFTER THE LAST DAY OF THE COMPLIANCE PERIOD.
4. AN APPLICANT SHALL PAY, WITH INTEREST, SUCH PART OF ANY TAX ABATE-
MENT RECEIVED PURSUANT TO THIS TITLE THAT REPRESENTS THE PERIOD OF NON-
COMPLIANCE AS DETERMINED BY THE DESIGNATED AGENCY OR THE DEPARTMENT OF
TAXATION AND FINANCE. IN ADDITION, A DESIGNATED AGENCY MAY DECLARE ANY
APPLICANT INELIGIBLE FOR FUTURE TAX ABATEMENT PURSUANT TO THIS TITLE IF
ANY APPLICATION, CERTIFICATION, REPORT OR OTHER DOCUMENT SUBMITTED BY
THE APPLICANT CONTAINS A FALSE OR MISLEADING STATEMENT AS TO A MATERIAL
FACT OR OMITS TO STATE ANY MATERIAL FACT NECESSARY IN ORDER TO MAKE THE
STATEMENT THEREIN NOT FALSE OR MISLEADING.
§ 498-E. TAX ABATEMENT ENFORCEMENT AND ADMINISTRATION. 1. THE DEPART-
MENT OF TAXATION AND FINANCE SHALL HAVE, IN ADDITION TO ANY OTHER FUNC-
TIONS, POWERS AND DUTIES THAT HAVE BEEN OR MAY BE CONFERRED ON IT BY
LAW, THE FOLLOWING FUNCTIONS, POWERS AND DUTIES TO BE EXERCISED IN
ACCORDANCE WITH THIS TITLE:
(A) TO APPLY A TAX ABATEMENT;
(B) TO REVOKE ALL OR PART OF ANY SUCH TAX ABATEMENT;
(C) TO MAKE AND PROMULGATE RULES TO CARRY OUT THE PURPOSES OF THIS
TITLE; AND
(D) ANY OTHER FUNCTION, POWER OR DUTY NECESSARILY IMPLIED BY THIS
TITLE.
2. A DESIGNATED AGENCY SHALL HAVE, IN ADDITION TO ANY OTHER FUNCTIONS,
POWERS AND DUTIES THAT HAVE BEEN OR MAY BE CONFERRED ON IT BY LAW, THE
FOLLOWING FUNCTIONS, POWERS AND DUTIES TO BE EXERCISED IN ACCORDANCE
WITH THIS TITLE:
(A) TO RECEIVE, REVIEW, APPROVE AND DENY APPLICATIONS FOR TAX ABATE-
MENT;
(B) TO INSPECT FACILITY-INTEGRATED CARBON-TO-VALUE EQUIPMENT AND ANY
RELATED STRUCTURES AND EQUIPMENT;
(C) TO ESTABLISH PERMIT OR CERTIFICATION REQUIREMENTS TO DETERMINE
WHEN THE FACILITY-INTEGRATED CARBON-TO-VALUE EQUIPMENT HAS BEEN PLACED
IN SERVICE, SUCH AS CERTIFICATION BY AN ARCHITECT, ENGINEER OR OTHER
CERTIFIED OR LICENSED PROFESSIONAL WHOM A DESIGNATED AGENCY DESIGNATES
BY RULE;
(D) TO ESTABLISH GUIDANCE AND PROCEDURES FOR DETERMINING OR CERTIFYING
ELIGIBLE FACILITY-INTEGRATED CARBON-TO-VALUE EQUIPMENT EXPENDITURES;
(E) TO PRESCRIBE FORMS AND MAKE AND PROMULGATE RULES TO CARRY OUT THE
PURPOSES OF THIS TITLE;
(F) TO MAKE THE DETERMINATIONS PROVIDED FOR IN THIS TITLE AND TO NOTI-
FY THE DEPARTMENT OF TAXATION AND FINANCE OF SUCH DETERMINATIONS; AND
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(G) ANY OTHER FUNCTION, POWER OR DUTY NECESSARILY IMPLIED BY THIS
TITLE.
3. IF A DESIGNATED AGENCY DETERMINES THAT AN ARCHITECT OR ENGINEER OR
OTHER CERTIFIED OR LICENSED PROFESSIONAL WHOM A DESIGNATED AGENCY DESIG-
NATES BY RULE, IN MAKING ANY CERTIFICATION UNDER THIS TITLE OR ANY RULE
PROMULGATED HEREUNDER, ENGAGED IN PROFESSIONAL MISCONDUCT, THEN SUCH
AGENCY SHALL SO INFORM THE EDUCATION DEPARTMENT OR OTHER APPROPRIATE
CERTIFYING OR LICENSING AUTHORITY.
4. A DESIGNATED AGENCY MAY PROVIDE FOR REASONABLE ADMINISTRATIVE
CHARGES OR FEES NECESSARY TO DEFRAY EXPENSES OF ADMINISTERING THE TAX
ABATEMENT PROGRAM ESTABLISHED BY THIS TITLE.
5. A DESIGNATED AGENCY AND THE DEPARTMENT OF TAXATION AND FINANCE
SHALL ESTABLISH PROCEDURES THAT ARE NECESSARY OR APPROPRIATE FOR: (A)
THE TIMELY NOTIFICATION TO THE DEPARTMENT OF TAXATION AND FINANCE BY A
DESIGNATED AGENCY OF AN APPROVAL OF AN APPLICATION FOR TAX ABATEMENT OR
OF ANY NONCOMPLIANCE PURSUANT TO SECTION FOUR HUNDRED NINETY-NINE-D OF
THIS TITLE; AND (B) ANY OTHER INTERAGENCY COORDINATION TO FACILITATE THE
PURPOSES OF THIS TITLE.
§ 498-F. TAX LIEN AND INTEREST RULES. ALL TAXES, WITH INTEREST,
REQUIRED TO BE PAID RETROACTIVELY PURSUANT TO THIS TITLE SHALL CONSTI-
TUTE A TAX LIEN AS OF THE DATE IT IS DETERMINED SUCH TAXES AND INTEREST
ARE OWED. ALL INTEREST SHALL BE CALCULATED FROM THE DATE THE TAXES WOULD
HAVE BEEN DUE BUT FOR THE TAX ABATEMENT GRANTED PURSUANT TO THIS TITLE
AT THE APPLICABLE RATE OR RATES OF INTEREST IMPOSED GENERALLY FOR NON-
PAYMENT OF REAL PROPERTY TAX WITH RESPECT TO THE ELIGIBLE BUILDING FOR
THE PERIOD IN QUESTION.
§ 2. This act shall take effect immediately.
