Authorizes a municipal corporation to provide a real property tax exemption for improvements to real property meeting LEED certification standards for green buildings.
Sponsor: LAVALLE / Committee: LOCAL GOVERNMENT
Law Section: Real Property Tax Law / Law: Add S470, RPT L
Sponsor: LAVALLE / Committee: LOCAL GOVERNMENT
Law Section: Real Property Tax Law / Law: Add S470, RPT L
S1462-2011 Actions
- Jul 18, 2012: SIGNED CHAP.188
- Jul 18, 2012: APPROVAL MEMO.4
- Jul 6, 2012: DELIVERED TO GOVERNOR
- Jun 20, 2012: returned to senate
- Jun 20, 2012: passed assembly
- Jun 20, 2012: ordered to third reading rules cal.406
- Jun 20, 2012: substituted for a1415d
- Jun 11, 2012: referred to ways and means
- Jun 11, 2012: DELIVERED TO ASSEMBLY
- Jun 11, 2012: PASSED SENATE
- May 31, 2012: ADVANCED TO THIRD READING
- May 30, 2012: 2ND REPORT CAL.
- May 23, 2012: 1ST REPORT CAL.900
- Apr 16, 2012: PRINT NUMBER 1462D
- Apr 16, 2012: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
- Feb 17, 2012: PRINT NUMBER 1462C
- Feb 17, 2012: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
- Jan 30, 2012: PRINT NUMBER 1462B
- Jan 30, 2012: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
- Jan 4, 2012: REFERRED TO LOCAL GOVERNMENT
- Jan 4, 2012: returned to senate
- Jan 4, 2012: died in assembly
- Jun 14, 2011: referred to ways and means
- Jun 14, 2011: DELIVERED TO ASSEMBLY
- Jun 14, 2011: PASSED SENATE
- Jun 14, 2011: ORDERED TO THIRD READING CAL.1203
- Jun 13, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
- Feb 9, 2011: PRINT NUMBER 1462A
- Feb 9, 2011: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
- Jan 7, 2011: REFERRED TO LOCAL GOVERNMENT
S1462-2011 Votes
VOTE: COMMITTEE VOTE:
- Rules
- Jun 14, 2011
Ayes (23): Skelos, Alesi, Farley, Hannon, Johnson, Larkin, LaValle, Libous, Marcellino, Maziarz, Nozzolio, Saland, Seward, Sampson, Breslin, Dilan, Hassell-Thompson, Krueger, Montgomery, Parker, Perkins, Smith, Stewart-Cousins
Ayes W/R (1): Duane
VOTE: FLOOR VOTE:
- Jun 14, 2011
Ayes (62): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
VOTE: COMMITTEE VOTE:
- Local Government
- May 23, 2012
Ayes (8): Martins, Ball, Little, McDonald, Ritchie, Stewart-Cousins, Oppenheimer, Klein
VOTE: FLOOR VOTE:
- Jun 11, 2012
Ayes (59): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Excused (3): Espaillat, Huntley, Krueger
S1462-2011 Memo
BILL NUMBER:S1462 TITLE OF BILL: An act to amend the real property tax law, in relation to authorizing a municipal corporation to provide a real property tax exemption for improvements to real property meeting LEED certification standards for green buildings PURPOSE: Authorizes a municipal corporation to provide a real property tax exemption for improvements to real property meeting LEED certification standards for green buildings. SUMMARY OF PROVISIONS: Section 1 of the bill amends the real property tax law by adding a new section 470 which provides a property tax exemption for LEED certified buildings at local option. Section 2 of the legislation sets forth the percentage of the exemption based on the LEED certification classification (certified/silver, gold or platinum). The percentages of exemptions are listed by year. Section 3 lists eligibility criteria for the exemption: (a) construction of improvements must commence after January 1, 2012 or later as may be specified by local law; (b) project exceeds $10,000; and(c) proper documentation required. Further provides that "ordinary maintenance and repairs" do not qualify for this exemption. Section 4 provides for the commencement of the exemption upon the approval of the assessor. The exemption will be effective after the taxable status date. JUSTIFICATION: New York has become proactive in bolstering efforts to reduce greenhouse gas emissions by promoting energy efficiency in homes and businesses throughout the state. significant measures have been enacted in an effort to accomplish this goal. This legislation would allow municipal corporations to adopt local laws granting a real property tax exemption for property improvements meeting LEED certification standards for energy efficient buildings. This incentive would further build upon New York's efforts by encouraging more homeowners and businesses to go "green". LEGISLATIVE HISTORY: 2010: A.9819/S.6755 - Remained in Committee FISCAL IMPACT ON THE STATE: To be determined. EFFECTIVE DATE: This act shall take effect immediately.
S1462-2011 Text
S T A T E O F N E W Y O R K
S. 1462 A. 1415 2011-2012 Regular Sessions SENATE - ASSEMBLY January 7, 2011
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print ed, and when printed to be committed to the Committee on Local Govern ment
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred to the Committee on Real Property Taxation
AN ACT to amend the real property tax law, in relation to authorizing a municipal corporation to provide a real property tax exemption for improvements to real property meeting LEED certification standards for green buildings 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 470 to read as follows:
S 470. EXEMPTION FOR IMPROVEMENTS TO REAL PROPERTY MEETING LEED CERTIFICATION STANDARDS FOR GREEN BUILDINGS. 1. CONSTRUCTION OF IMPROVE MENTS TO REAL PROPERTY INITIATED ON OR AFTER THE FIRST DAY OF JANUARY, TWO THOUSAND TWELVE MEETING LEED CERTIFICATION STANDARDS FOR GREEN BUILDINGS AS PROVIDED IN THIS SECTION, SHALL BE EXEMPT FROM TAXATION BY ANY MUNICIPAL CORPORATION IN WHICH LOCATED TO THE EXTENT PROVIDED IN THIS SECTION, PROVIDED THE GOVERNING BOARD OF SUCH MUNICIPALITY, AFTER PUBLIC HEARING, ADOPTS A LOCAL LAW, ORDINANCE OR RESOLUTION PROVIDING THEREFOR. 2. SUCH REAL PROPERTY OR PORTION THEREOF WHICH IS CERTIFIED UNDER A CERTIFICATION STANDARD APPROVED BY THE MUNICIPAL CORPORATION WHICH IS DETERMINED TO BE EQUIVALENT TO THE LEED CERTIFICATION FOR THE CATEGORIES OF CERTIFIED, SILVER, GOLD OR PLATINUM AS MEETING GREEN BUILDING STAND ARDS SHALL BE EXEMPT AS PROVIDED BELOW FOR THE RESPECTIVE PERCENTAGES PROVIDED THAT A COPY OF THE CERTIFICATION FOR A QUALIFIED CATEGORY IS FILED WITH THE ASSESSOR OF THE MUNICIPAL CORPORATION AND THE ASSESSOR APPROVES THE APPLICATION FOR THE APPLICABLE CATEGORY AS MEETING THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03846-01-1
S. 1462 2 A. 1415 REQUIREMENTS OF THIS SECTION AND THE MUNICIPAL CORPORATION'S LOCAL LAW, ORDINANCE OR RESOLUTION. LEED EXEMPTION YEAR CERTIFIED/SILVER GOLD PLATINUM 1 100% 100% 100% 2 100% 100% 100% 3 100% 100% 100% 4 80% 100% 100% 5 60% 80% 100% 6 40% 60% 100% 7 20% 40% 80% 8 0% 20% 60% 9 0% 0% 40% 10 0% 0% 20% 3. NO SUCH EXEMPTION SHALL BE GRANTED UNLESS: (A) SUCH CONSTRUCTION OF IMPROVEMENTS WAS COMMENCED ON OR AFTER THE FIRST DAY OF JANUARY, TWO THOUSAND TWELVE OR SUCH LATER DATE AS MAY BE SPECIFIED BY LOCAL LAW; (B) THE VALUE OF SUCH CONSTRUCTION EXCEEDS THE SUM OF TEN THOUSAND DOLLARS; AND (C) SUCH CONSTRUCTION IS DOCUMENTED BY A BUILDING PERMIT, IF REQUIRED, FOR THE IMPROVEMENTS, OR OTHER APPROPRIATE DOCUMENTATION AS REQUIRED BY THE ASSESSOR. FOR PURPOSES OF THIS SECTION THE TERM "CONSTRUCTION OF IMPROVEMENTS" SHALL NOT INCLUDE ORDINARY MAINTENANCE AND REPAIRS. 4. 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 BY THE MUNICIPAL CORPORATION AS PROVIDED IN THIS SECTION COMMENCING WITH THE ASSESSMENT ROLL PREPARED AFTER THE TAXABLE STATUS DATE. 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.
S 2. This act shall take effect immediately.
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