Bill S1462D-2011

Authorizes a municipal corporation to provide a real property tax exemption for improvements to real property meeting certification standards for green building

Authorizes a municipal corporation to provide a real property tax exemption for improvements to real property meeting LEED certification standards for green buildings.

Details

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

Votes

VOTE: COMMITTEE VOTE: - Local Government - May 23, 2012
Ayes (8): Martins, Ball, Little, McDonald, Ritchie, Stewart-Cousins, Oppenheimer, Klein

Memo

BILL NUMBER:S1462D

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 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 provided in this section, the green building initiative's green globes rating system, the American National Standards Institute, or substantially equivalent standards for certification using a similar program for green buildings as determined by the municipal corporation.

SUMMARY OF PROVISIONS: Section 1 of the bill amends the real property tax law by adding a new section 470 relating to exemptions to improvements to real property meeting certification standards for green buildings.

1. Provides that construction of improvements to real property initiated on or after the January 1, 2013, meeting LEED certification standards for green buildings provided in this section, the green building initiative's green globes rating system, the American National Standards Institute, or substantially equivalent standards for certification using a similar program for green buildings as determined by the municipal corporation, shall be exempt from taxation by any municipal corporation in which such property is located to the extent 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.

2. 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.

3. Lists eligibility criteria for the exemption: (a) construction of improvements must commence after January 1, 2013 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.

4. Provides for the commencement of the exemption upon the approval of the assessor. The exemption will be effective after the taxable status date.

Section 2 of the bill provides for an immediate effective 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 green buildings provided in this section, the green building initiative's green globes rating system. the American National Standards Institute, or substantially equivalent standards for certification using a similar program for green buildings as determined by the municipal corporation. 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 1462--D 2011-2012 Regular Sessions IN SENATE January 7, 2011 ___________
Introduced by Sens. LAVALLE, DUANE, MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Local Government in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- 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 authorizing a municipal corporation to provide a real property tax exemption for improvements to real property meeting 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 CERTIF- ICATION STANDARDS FOR GREEN BUILDINGS. 1. CONSTRUCTION OF IMPROVEMENTS TO REAL PROPERTY INITIATED ON OR AFTER THE FIRST DAY OF JANUARY, TWO THOUSAND THIRTEEN, MEETING LEED CERTIFICATION STANDARDS FOR GREEN BUILD- INGS AS PROVIDED IN THIS SECTION, THE GREEN BUILDING INITIATIVE'S GREEN GLOBES RATING SYSTEM, THE AMERICAN NATIONAL STANDARDS INSTITUTE, OR SUBSTANTIALLY EQUIVALENT STANDARDS FOR CERTIFICATION USING A SIMILAR PROGRAM FOR GREEN BUILDINGS AS DETERMINED BY THE MUNICIPAL CORPORATION, SHALL BE EXEMPT FROM TAXATION BY ANY MUNICIPAL CORPORATION IN WHICH SUCH PROPERTY IS LOCATED TO THE EXTENT 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.
2. SUCH REAL PROPERTY, OR PORTION THEREOF, WHICH IS CERTIFIED UNDER A LEED CERTIFICATION STANDARD FOR THE CATEGORIES OF CERTIFIED, SILVER, GOLD OR PLATINUM AS MEETING GREEN BUILDING STANDARDS, AS DETERMINED BY A LEED ACCREDITED PROFESSIONAL SHALL BE EXEMPT AS PROVIDED BELOW FOR THE RESPECTIVE PERCENTAGES PROVIDED THAT A COPY OF THE LEED CERTIFICATION FOR A QUALIFIED CATEGORY IS FILED WITH THE ASSESSOR'S OFFICE AND IS APPROVED BY THE ASSESSOR AS MEETING THE REQUIREMENTS OF THIS SECTION AND THE MUNICIPAL CORPORATION'S LOCAL LAW, ORDINANCE OR RESOLUTION. SUCH EXEMPTION SHALL BE TO THE EXTENT OF ANY INCREASE IN ASSESSED VALUE RESULTING FROM THE CONSTRUCTION OR RECONSTRUCTION OF A PROPERTY MEETING LEED CERTIFICATION. 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 THIRTEEN, 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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