Bill Text: NY A04740 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to the green roof tax abatement; authorizes a tax abatement for any tax year commencing on or after July 1, 2019 and ending on or before June 30, 2024, which shall be fifteen dollars per square foot of a green roof; provides that the amount of such tax abatement shall not exceed $200,000.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2019-06-18 - substituted by s5554b [A04740 Detail]

Download: New_York-2019-A04740-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4740--B

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    February 5, 2019
                                       ___________

        Introduced  by  M.  of A. ROZIC, LENTOL -- read once and referred to the
          Committee on Real Property  Taxation  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- reported and referred to the Committee on Rules -- reported and
          referred to the Committee on Ways and Means --  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 the green roof
          tax abatement

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1.  Subdivision 10 of section 499-aaa of the real property tax
     2  law,  as  amended by chapter 524 of the laws of 2013, is amended to read
     3  as follows:
     4    10. "Green roof" shall mean an addition  to  a  roof  of  an  eligible
     5  building  that covers at least fifty percent of such building's eligible
     6  rooftop space and includes (a) a  weatherproof  and  waterproof  roofing
     7  membrane layer that complies with local construction and fire codes, (b)
     8  a  root  barrier  layer, (c) [an insulation layer that complies with the
     9  Energy Conservation Construction  Code  of  New  York  state  and  local
    10  construction  and  fire  codes, (d)] a drainage layer that complies with
    11  local construction and fire codes and is designed so the drains  can  be
    12  inspected  and  cleaned, (d) a filter or separation fabric, (e) a growth
    13  medium, including natural or simulated soil, with a depth  of  at  least
    14  two  inches,  (f)  if  the depth of the growth medium is less than three
    15  inches, an independent water holding layer that is designed  to  prevent
    16  the  rapid  drying of the growth medium, such as a non-woven fabric, pad
    17  or foam mat or controlled flow roof drain,  unless  the  green  roof  is
    18  certified  not  to  need regular irrigation to maintain live plants, and
    19  (g) a vegetation layer, at least eighty percent of which must be covered
    20  by live plants such as (i) sedum or equally drought resistant and  hardy
    21  plant  species,  (ii)  native  plant  species, and/or (iii) agricultural
    22  plant species.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07591-11-9

        A. 4740--B                          2

     1    § 2.  Section 499-bbb of the real property tax law, as added by  chap-
     2  ter  461 of the laws of 2008 and subdivision 1 as amended by chapter 524
     3  of the laws of 2013, is amended to read as follows:
     4    §  499-bbb.  Real  property  tax abatement. An eligible building shall
     5  receive an abatement of real property taxes as provided  in  this  title
     6  and the rules promulgated hereunder.
     7    1. (a) The amount of such tax abatement for any tax year commencing on
     8  or  after  July  first,  two  thousand nine and ending on or before June
     9  thirtieth, two thousand fourteen shall be four dollars and  fifty  cents
    10  per  square foot of a green roof pursuant to an approved application for
    11  tax abatement; provided, however, that the amount of such tax  abatement
    12  shall  not exceed the lesser of (i) one hundred thousand dollars or (ii)
    13  the tax liability for the eligible building in the tax year in which the
    14  tax abatement is taken.
    15    (b) The total amount of such tax abatement [for any tax year] commenc-
    16  ing on or after July first, two  thousand  fourteen  and  ending  on  or
    17  before  June  thirtieth,  two  thousand [nineteen] twenty-four, shall be
    18  five dollars and twenty-three cents per square  foot  of  a  green  roof
    19  pursuant  to an approved application for tax abatement; provided, howev-
    20  er, that the amount of such tax abatement shall not exceed  [the  lesser
    21  of  (i)] two hundred thousand dollars [or (ii) the tax liability for the
    22  eligible building in the tax year in which the tax abatement is  taken].
    23  To  the  extent  the  amount of such tax abatement exceeds the total tax
    24  liability in any tax year, any remaining amount may be  applied  to  the
    25  tax liability in succeeding tax years, provided that such abatement must
    26  be  applied within five years of the tax year in which the tax abatement
    27  was initially taken.
    28    (c)  Notwithstanding  paragraph  (b)  of  this  subdivision,  property
    29  located   within   specifically   designated  New  York  city  community
    30  districts, selected by an agency designated by the mayor of the city  of
    31  New  York pursuant to subdivision five of this section, shall receive an
    32  enhanced tax abatement for any green roof with a growth  medium  with  a
    33  depth  of  at  least  four inches. The total amount of such enhanced tax
    34  abatement commencing on or after July first, two thousand  nineteen  and
    35  ending  on  or before June thirtieth, two thousand twenty-four, shall be
    36  fifteen dollars per square foot of a green roof pursuant to an  approved
    37  application  for  enhanced  tax  abatement:  provided, however, that the
    38  amount of such enhanced tax abatement shall not exceed two hundred thou-
    39  sand dollars. To the extent the amount of such  enhanced  tax  abatement
    40  exceeds  the  total  tax liability in any tax year, any remaining amount
    41  may be applied to the tax liability in succeeding  tax  years,  provided
    42  that such abatement must be applied within five years of the tax year in
    43  which the tax abatement was initially taken.
    44    (d)  Notwithstanding  paragraph  (b)  or  (c) of this subdivision, the
    45  aggregate amount of tax abatements allowed under  this  subdivision  for
    46  the  tax  year  commencing  July first, two thousand fourteen and ending
    47  June thirtieth two thousand fifteen shall be a maximum of seven  hundred
    48  fifty  thousand  dollars,  and  the  aggregate  amount of tax abatements
    49  allowed under this subdivision for any tax year commencing on  or  after
    50  July first, two thousand fifteen and ending on or before June thirtieth,
    51  two  thousand  [nineteen]  twenty-four shall be a maximum of one million
    52  dollars. No tax abatements shall be allowed under this  subdivision  for
    53  any tax year commencing on or after July first, two thousand [nineteen.]
    54  twenty-four.
    55    (e)  Such  aggregate  amount  of tax abatements including enhanced tax
    56  abatements, shall be allocated by the department of  finance  on  a  pro

        A. 4740--B                          3

     1  rata  basis  among applicants whose applications have been approved by a
     2  designated agency. If such allocation is not made prior to the date that
     3  the real property tax bill, statement of account or other  similar  bill
     4  or  statement  is  prepared,  then  the  department of finance shall, as
     5  necessary, after such allocation is made, submit an amended real proper-
     6  ty tax bill, statement of account or other similar bill or statement  to
     7  any  applicant  whose  abatement  must be adjusted to reflect such allo-
     8  cation. Nothing in this paragraph shall be deemed to  affect  the  obli-
     9  gation  of any taxpayer under applicable law with respect to the payment
    10  of any installment of real property tax for the fiscal year as to  which
    11  such  allocation  is  made,  which was due and payable prior to the date
    12  such amended real property tax bills are sent,  and  the  department  of
    13  finance shall be authorized to determine the date on which amended bills
    14  are to be sent and the installments of real property tax which are to be
    15  reflected therein.
    16    2.  Such  tax  abatement  shall  commence  on July first following the
    17  approval of an application for tax abatement by  a  designated  agency[,
    18  and shall not exceed one year].
    19    3.  With respect to any eligible building held in the condominium form
    20  of ownership that receive a tax abatement pursuant to this  title,  such
    21  tax abatement benefits shall be apportioned among all of the condominium
    22  tax lots within such eligible building.
    23    4.  If,  as  a  result of application to the tax commission or a court
    24  order or action by the department  of  finance,  the  billable  assessed
    25  value for the fiscal year in which the tax abatement is taken is reduced
    26  after the assessment roll becomes final, the department of finance shall
    27  recalculate the abatement so that the abatement granted shall not exceed
    28  the  annual tax liability as so reduced. The amount equal to the differ-
    29  ence between the abatement originally granted and the  abatement  as  so
    30  recalculated  shall  be  deducted  from  any refund otherwise payable or
    31  remission otherwise due as  a  result  of  such  reduction  in  billable
    32  assessed value.
    33    5.  Buildings  located  within  specifically  designated New York city
    34  community districts, as identified by an agency designated by the  mayor
    35  of  the  city of New York, shall be eligible for the enhanced tax abate-
    36  ment described in paragraph (c) of subdivision one of this  section.  No
    37  building  located  outside  of  a  designated  area shall be eligible to
    38  receive an enhanced abatement. An agency designated by the mayor of  the
    39  city  of  New  York  shall select community districts on a rolling basis
    40  over a period of three years.   In selecting community  districts,  such
    41  agency  shall  prioritize areas in the priority combined sewage overflow
    42  tributary areas identified by the city  of  New  York,  with  particular
    43  emphasis  on those portions of such city that have been identified by an
    44  agency designated by the mayor of such city as lacking green space.
    45    § 3. Subdivision 1 of section 499-ccc of the real property tax law, as
    46  amended by chapter 524 of the laws  of  2013,  is  amended  to  read  as
    47  follows:
    48    1. To obtain a tax abatement pursuant to this title, an applicant must
    49  file  an  application  for tax abatement, which may be filed on or after
    50  January first, two thousand nine, and on or before March fifteenth,  two
    51  thousand [eighteen] twenty-three.
    52    § 4. This act shall take effect June 30, 2019; provided, however, that
    53  if this act shall have become a law after such date, this act shall take
    54  effect  immediately  and  shall be deemed to have been in full force and
    55  effect on and after June 30, 2019.
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