Establishes a green development home tax exemption authorizing a 35% exemption from local real property taxation for homes that are part of green developments as LEED certified or certified by the national association of home builders.

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S6664-2011 Actions

• Jun 11, 2012: referred to real property taxation
• Jun 11, 2012: DELIVERED TO ASSEMBLY
• Jun 11, 2012: PASSED SENATE
• Jun 4, 2012: ADVANCED TO THIRD READING
• May 31, 2012: 2ND REPORT CAL.
• May 30, 2012: 1ST REPORT CAL.959
• May 2, 2012: REPORTED AND COMMITTED TO FINANCE
• Mar 8, 2012: REFERRED TO LOCAL GOVERNMENT

S6664-2011 Meetings

Finance: May 30, 2012, Local Government: May 2, 2012

S6664-2011 Calendars

Active List: Jun 11, 2012 , Floor Calendar: May 31, 2012 , Floor Calendar: Jun 4, 2012 , Floor Calendar: Jun 5, 2012 , Floor Calendar: Jun 6, 2012 , Floor Calendar: Jun 11, 2012

S6664-2011 Votes

S6664-2011 Memo

BILL NUMBER:S6664

TITLE OF BILL:
An act
to amend the real property tax law, in relation to establishing a green
development home tax exemption

PURPOSE:
This legislation would allow a tax exemption for real
property tax exemption of thirty five percent for a period of no
longer than twenty years if authorized by the local municipality.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 creates the Green
development home tax exemption which would be a thirty five percent
exemption for a period of no longer than twenty years.
This section provides that such an incentive shall be at local option.
This section further provides that such homes shall be 1, 2, 3 story
homes are designated a green development or are LEED-ND certified.
Further this section specifies what national standards must be meet in
order to be eligible to qualify for the benefit.
Section 2 is the effective date.

JUSTIFICATION:
In order to facilitate growth in the green home market
an incentive is needed as these homes typically cost more than the
average new home.
In order to qualify for this incentive a new home will have to meet
specific National Association of Home Builders (NAHB) or Leadership
in Energy and Environmental Design (LEED). Specific of these
standards that these homes will have to meet include but are not
limited: protection of high value vegetation, improved soil, low or
no VOC finishes, rain barrels at down spouts, recycled content
building materials must be used as 2 major components, built in
recycling collection space, renewable energy sources per house,
energy star rating of 3.0 or higher, low flow showers and toilets,
green certified products must be used. These are a few examples.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day
after it shall have become a law.  Effective immediately, the
addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective
date is authorized to be made on or before such date.

S6664-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    6664

                              I N  SENATE

                                March 8, 2012
                                 ___________

  Introduced  by Sen. GRISANTI -- 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 home 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:

    S 431. GREEN DEVELOPMENT HOME TAX EXEMPTION. 1. THE LOCAL  LEGISLATIVE
  BODY  OF ANY CITY, TOWN OR VILLAGE IS HEREBY AUTHORIZED AND EMPOWERED TO
  ADOPT AND AMEND A LOCAL LAW TO PROVIDE  THAT  ANY  REAL  PROPERTY  WHICH
  SATISFIES  THE  REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION SHALL BE
  GRANTED A REDUCED REAL PROPERTY TAX RATE AS  SET  FORTH  IN  SUBDIVISION
  THREE OF THIS SECTION.
    2.  SUCH LOCAL LAW SHALL PROVIDE THAT FOR REAL PROPERTY TO QUALIFY FOR
  THE EXEMPTION SET FORTH IN SUBDIVISION THREE OF THIS SECTION, SUCH  REAL
  PROPERTY  SHALL  BE  A  ONE, TWO OR THREE FAMILY RESIDENCE AND PART OF A
  DEVELOPMENT THAT:

    (A) IS EITHER (I) A GREEN DEVELOPMENT OR (II) LEED-ND CERTIFIED; AND
    (B) CONTAINS  HOMES,  SEVENTY-FIVE  PERCENT  OF  WHICH  ARE  CERTIFIED
  SILVER.
    3.  SUCH LOCAL LAW SHALL PROVIDE THAT REAL PROPERTY THAT SATISFIES THE
  CRITERIA SET FORTH IN SUBDIVISION TWO OF THIS SECTION SHALL BE PARTIALLY
  EXEMPT FROM LOCAL REAL PROPERTY TAXATION FOR  A  PERIOD  NOT  TO  EXCEED
  TWENTY  YEARS IN THE AGGREGATE AFTER THE TAXABLE STATUS DATE IMMEDIATELY
  FOLLOWING  THE  SATISFACTION  THEREOF,  AS   FOLLOWS:   EXEMPTION   FROM
  THIRTY-FIVE PERCENT OF SUCH TAXATION.
    4.  (A)  UPON  SUCCESSFUL  LEED CERTIFICATION OR NAHB CERTIFICATION, A
  DEVELOPER SHALL NOTIFY THE TAX ASSESSOR OF ANY ASSESSING UNIT THAT  SUCH
  DEVELOPMENT  SATISFIES  THE REQUIREMENTS SET FORTH IN SUBDIVISION TWO OF
  THIS SECTION AND THAT ALL REAL PROPERTY LOCATED WITHIN SUCH  DEVELOPMENT
  SHALL BE GRANTED A REDUCED REAL PROPERTY TAX RATE AS SET FORTH IN SUBDI-
  VISION THREE OF THIS SECTION.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD14826-01-2

 S. 6664                             2

    (B) AN EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL COMMENCE AS OF
  THE  DATE  OF  THE NOTIFICATION OF THE TAX ASSESSOR, AND SHALL TERMINATE
  UPON THE EXPIRATION OR TERMINATION OF THE CERTIFICATIONS REQUIRED PURSU-
  ANT TO SUBDIVISION TWO OF THIS SECTION.
    5.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
  THE FOLLOWING MEANINGS:

    (A) "CERTIFIED SILVER" SHALL MEAN (I) CERTIFIED BY THE  NAHB  NATIONAL
  GREEN  BUILDING  CERTIFICATION  PROGRAM  AT A PERFORMANCE POINT LEVEL OF
  SILVER OR BETTER, OR (II) LEED FOR NEW CONSTRUCTION CERTIFIED SILVER  OR
  BETTER.
    (B)  "DEVELOPMENT"  SHALL MEAN A NEIGHBORHOOD OR COMMUNITY OF NEW ONE,
  TWO OR THREE FAMILY RESIDENCES WHICH SHALL INCLUDE ALL STREETS, LOTS AND
  COMMON AREAS.
    (C) "GREEN DEVELOPMENT" SHALL MEAN A DEVELOPMENT  WITH  A  PERFORMANCE
  POINT LEVEL OF FOUR STARS AS RATED BY THE NAHB.
    (D) "LEED" SHALL MEAN THE UNITED STATES GREEN BUILDING COUNCIL LEADER-
  SHIP IN ENERGY AND ENVIRONMENTAL DESIGN RATING SYSTEM.
    (E) "LEED-ND" SHALL MEAN LEED FOR NEIGHBORHOOD DEVELOPMENT.
    (F) "NAHB" SHALL MEAN THE NATIONAL ASSOCIATION OF HOME BUILDERS.
    S 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 is authorized to be made on  or
  before such date.