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: (Passed) 2019-07-03 - SIGNED CHAP.79 [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 the9Energy Conservation Construction Code of New York state and local10construction 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. LBD07591-11-9A. 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 lesser21of (i)] two hundred thousand dollars [or (ii) the tax liability for the22eligible 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 proA. 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[,18and 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.