Bill Text: NY A01253 | 2013-2014 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2013-05-24 - enacting clause stricken [A01253 Detail]

Download: New_York-2013-A01253-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1253
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       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 home 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    S  431. GREEN DEVELOPMENT HOME TAX EXEMPTION. 1. THE LOCAL LEGISLATIVE
    4  BODY OF ANY CITY, TOWN OR VILLAGE IS HEREBY AUTHORIZED AND EMPOWERED  TO
    5  ADOPT  AND  AMEND  A  LOCAL  LAW TO PROVIDE THAT ANY REAL PROPERTY WHICH
    6  SATISFIES THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION  SHALL  BE
    7  GRANTED  A  REDUCED  REAL  PROPERTY TAX RATE AS SET FORTH IN SUBDIVISION
    8  THREE OF THIS SECTION.
    9    2. SUCH LOCAL LAW SHALL PROVIDE THAT FOR REAL PROPERTY TO QUALIFY  FOR
   10  THE  EXEMPTION SET FORTH IN SUBDIVISION THREE OF THIS SECTION, SUCH REAL
   11  PROPERTY SHALL BE A ONE, TWO OR THREE FAMILY RESIDENCE  AND  PART  OF  A
   12  DEVELOPMENT THAT:
   13    (A) IS EITHER (I) A GREEN DEVELOPMENT OR (II) LEED-ND CERTIFIED; AND
   14    (B)  CONTAINS  HOMES,  SEVENTY-FIVE  PERCENT  OF  WHICH  ARE CERTIFIED
   15  SILVER.
   16    3. SUCH LOCAL LAW SHALL PROVIDE THAT REAL PROPERTY THAT SATISFIES  THE
   17  CRITERIA SET FORTH IN SUBDIVISION TWO OF THIS SECTION SHALL BE PARTIALLY
   18  EXEMPT  FROM  LOCAL  REAL  PROPERTY  TAXATION FOR A PERIOD NOT TO EXCEED
   19  TWENTY YEARS IN THE AGGREGATE AFTER THE TAXABLE STATUS DATE  IMMEDIATELY
   20  FOLLOWING   THE   SATISFACTION   THEREOF,  AS  FOLLOWS:  EXEMPTION  FROM
   21  THIRTY-FIVE PERCENT OF SUCH TAXATION.
   22    4. (A) UPON SUCCESSFUL LEED CERTIFICATION  OR  NAHB  CERTIFICATION,  A
   23  DEVELOPER  SHALL NOTIFY THE TAX ASSESSOR OF ANY ASSESSING UNIT THAT SUCH
   24  DEVELOPMENT SATISFIES THE REQUIREMENTS SET FORTH IN SUBDIVISION  TWO  OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04024-01-3
       A. 1253                             2
    1  THIS  SECTION AND THAT ALL REAL PROPERTY LOCATED WITHIN SUCH DEVELOPMENT
    2  SHALL BE GRANTED A REDUCED REAL PROPERTY TAX RATE AS SET FORTH IN SUBDI-
    3  VISION THREE OF THIS SECTION.
    4    (B) AN EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL COMMENCE AS OF
    5  THE  DATE  OF  THE NOTIFICATION OF THE TAX ASSESSOR, AND SHALL TERMINATE
    6  UPON THE EXPIRATION OR TERMINATION OF THE CERTIFICATIONS REQUIRED PURSU-
    7  ANT TO SUBDIVISION TWO OF THIS SECTION.
    8    5. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
    9  THE FOLLOWING MEANINGS:
   10    (A)  "CERTIFIED  SILVER" SHALL MEAN (I) CERTIFIED BY THE NAHB NATIONAL
   11  GREEN BUILDING CERTIFICATION PROGRAM AT A  PERFORMANCE  POINT  LEVEL  OF
   12  SILVER  OR BETTER, OR (II) LEED FOR NEW CONSTRUCTION CERTIFIED SILVER OR
   13  BETTER.
   14    (B) "DEVELOPMENT" SHALL MEAN A NEIGHBORHOOD OR COMMUNITY OF  NEW  ONE,
   15  TWO OR THREE FAMILY RESIDENCES WHICH SHALL INCLUDE ALL STREETS, LOTS AND
   16  COMMON AREAS.
   17    (C)  "GREEN  DEVELOPMENT"  SHALL MEAN A DEVELOPMENT WITH A PERFORMANCE
   18  POINT LEVEL OF FOUR STARS AS RATED BY THE NAHB.
   19    (D) "LEED" SHALL MEAN THE UNITED STATES GREEN BUILDING COUNCIL LEADER-
   20  SHIP IN ENERGY AND ENVIRONMENTAL DESIGN RATING SYSTEM.
   21    (E) "LEED-ND" SHALL MEAN LEED FOR NEIGHBORHOOD DEVELOPMENT.
   22    (F) "NAHB" SHALL MEAN THE NATIONAL ASSOCIATION OF HOME BUILDERS.
   23    S 2. This act shall take effect on the one hundred twentieth day after
   24  it shall have become a law. Effective immediately, the addition,  amend-
   25  ment and/or repeal of any rule or regulation necessary for the implemen-
   26  tation  of this act on its effective date is authorized to be made on or
   27  before such date.