Bill Text: NY A00049 | 2019-2020 | General Assembly | Introduced

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Bill Title: Establishes a green development neighborhood tax exemption.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to real property taxation [A00049 Detail]

Download: New_York-2019-A00049-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           49
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced by M. of A. CAHILL -- read once and referred to the Committee
          on Real Property Taxation
        AN ACT to amend the real property tax law, in relation to establishing a
          green development neighborhood tax exemption
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The real property tax  law  is  amended  by  adding  a  new
     2  section 431 to read as follows:
     3    §  431.  Green  development neighborhood tax exemption.  1. As used in
     4  this section, the following terms shall have the following meanings:
     5    (a) "Municipal corporation" means any town, city  or  village,  except
     6  for a city having more than one million inhabitants.
     7    (b)  "Applicant" means any person obligated to pay real property taxes
     8  on the property for which an exemption from real  property  taxes  under
     9  this section is sought.
    10    (c)  "Certified  silver" shall mean (i) NGBS silver level certified by
    11  Home Innovation Research Labs  at  a  performance  level  of  silver  or
    12  better, or (ii) LEED for new construction certified silver or better.
    13    (d)   "Green  development  neighborhood"  shall  mean  a  subdivision,
    14  consisting of new one, two or three family residences that is (a) either
    15  a NGBS green certified land development or LEED-ND  certified,  and  (b)
    16  subject  to  deed  restrictions or other covenants running with the land
    17  which require all residences within the subdivision to be constructed so
    18  as to be certified silver or better.
    19    (e) "NGBS green certified land  development"  shall  mean  a  national
    20  green building standard green subdivision with a certification issued by
    21  Home Innovation Research Labs.
    22    (f) "LEED" shall mean the United States green building council leader-
    23  ship in energy and environmental design rating system.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01968-01-9
        A. 49                               2
     1    (g)  "Residence"  shall  mean  a  one, two or three family residential
     2  structure.
     3    (h) "LEED-ND" shall mean LEED for neighborhood development.
     4    (i) "NGBS" shall mean the national green building standard as approved
     5  by the American National Standards Institute.
     6    (j)  "Person"  means  an  individual,  corporation,  limited liability
     7  company, partnership, association, agency,  trust,  estate,  foreign  or
     8  domestic government or subdivision thereof, or other entity.
     9    2. (a) The local legislative body of any municipal corporation may, by
    10  local  law,  provide for the exemption of real property from taxation as
    11  provided in this section, provided the governing board of such municipal
    12  corporation, after conducting a public  hearing,  adopts  a  local  law,
    13  ordinance or resolution providing therefor.  Upon the adoption of such a
    14  local  law,  the  county  in which such municipal corporation is located
    15  may, by local law, and any school district, all  or  part  of  which  is
    16  located  in  such municipal corporation, may, by resolution, exempt such
    17  property from its taxation in the same manner and to the same extent  as
    18  such  municipal  corporation.    Upon  the adoption of such a local law,
    19  residential and common area real property  within  a  green  development
    20  neighborhood  meeting the requirements of paragraph (b) of this subdivi-
    21  sion shall have a maximum exemption from taxation and special ad valorem
    22  levies to the extent of any increase in assessed  value  resulting  from
    23  the  construction  of  a green development neighborhood.  Such local law
    24  shall provide for the percentage of such exemption  and  the  period  of
    25  time  during which such exemption shall continue, but in no event longer
    26  than ten years for each parcel which applies for such exemption.
    27    (b) Upon obtaining a LEED-ND certification  or  NGBS  green  certified
    28  land  development  certification,  a  developer  shall file with the tax
    29  assessor of the assessing unit a copy  of  such  certification  together
    30  with  a  map of the subdivision and evidence that all of the residential
    31  parcels within the subdivision  are  subject  to  deed  restrictions  or
    32  covenants   running  with  the  land  which  require  residences  to  be
    33  constructed so as to be certified silver or better. Individual  residen-
    34  tial parcels within the subdivision shall be entitled to a tax exemption
    35  as  provided  in  the local law or resolution upon submission to the tax
    36  assessor of documentation that the construction is certified  silver  or
    37  better.   Common area and vacant parcels within the subdivision shall be
    38  exempt as provided in the local law or resolution upon submission of the
    39  certification and map to the assessor by the developer.
    40    (c) An exemption under this section shall be granted only upon  appli-
    41  cation  by  the  owner of such real property on a form prescribed by the
    42  commissioner. Such application shall be filed with the assessor  of  the
    43  municipal  corporation or county having the power to assess property for
    44  taxation on or before the appropriate taxable status date of such munic-
    45  ipal corporation or county.
    46    (d) If the assessor is satisfied that the applicant is entitled to  an
    47  exemption pursuant to this section, he or she shall approve the applica-
    48  tion and such real property shall thereafter be exempt from taxation and
    49  special  ad  valorem  levies as provided in this section commencing with
    50  the assessment roll prepared after the taxable status date following the
    51  submission of an application to the assessor. The assessed value of  any
    52  exemption  granted  pursuant  to  this  section  shall be entered by the
    53  assessor on the assessment roll with  the  taxable  property,  with  the
    54  amount of the exemption shown in a separate column.
        A. 49                               3
     1    (e)  No  such  exemption shall be granted unless construction of resi-
     2  dences within a green development neighborhood was commenced  subsequent
     3  to the date on which the municipal corporation's local law took effect.
     4    § 2. This act shall take effect on the one hundred twentieth day after
     5  it  shall have become a law. Effective immediately, the addition, amend-
     6  ment and/or repeal of any rule or regulation necessary for the implemen-
     7  tation of this act on its effective date are authorized to be made on or
     8  before such date.