Bill Text: NY S05554 | 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 2-0)
Status: (Passed) 2019-07-03 - SIGNED CHAP.79 [S05554 Detail]
Download: New_York-2019-S05554-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5554--B Cal. No. 1345 2019-2020 Regular Sessions IN SENATE May 6, 2019 ___________ Introduced by Sen. LIU -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged and said bill committed to the Committee on Rules -- reported favorably from said committee, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third read- ing, amended and ordered reprinted, retaining its place in the order of third reading 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07591-10-9S. 5554--B 2 1 (g) a vegetation layer, at least eighty percent of which must be covered 2 by live plants such as (i) sedum or equally drought resistant and hardy 3 plant species, (ii) native plant species, and/or (iii) agricultural 4 plant species. 5 § 2. Section 499-bbb of the real property tax law, as added by chap- 6 ter 461 of the laws of 2008 and subdivision 1 as amended by chapter 524 7 of the laws of 2013, is amended to read as follows: 8 § 499-bbb. Real property tax abatement. An eligible building shall 9 receive an abatement of real property taxes as provided in this title 10 and the rules promulgated hereunder. 11 1. (a) The amount of such tax abatement for any tax year commencing on 12 or after July first, two thousand nine and ending on or before June 13 thirtieth, two thousand fourteen shall be four dollars and fifty cents 14 per square foot of a green roof pursuant to an approved application for 15 tax abatement; provided, however, that the amount of such tax abatement 16 shall not exceed the lesser of (i) one hundred thousand dollars or (ii) 17 the tax liability for the eligible building in the tax year in which the 18 tax abatement is taken. 19 (b) The total amount of such tax abatement [for any tax year] commenc- 20 ing on or after July first, two thousand fourteen and ending on or 21 before June thirtieth, two thousand [nineteen] twenty-four, shall be 22 five dollars and twenty-three cents per square foot of a green roof 23 pursuant to an approved application for tax abatement; provided, howev- 24 er, that the amount of such tax abatement shall not exceed [the lesser25of (i)] two hundred thousand dollars [or (ii) the tax liability for the26eligible building in the tax year in which the tax abatement is taken]. 27 To the extent the amount of such tax abatement exceeds the total tax 28 liability in any tax year, any remaining amount may be applied to the 29 tax liability in succeeding tax years, provided that such abatement must 30 be applied within five years of the tax year in which the tax abatement 31 was initially taken. 32 (c) Notwithstanding paragraph (b) of this subdivision, property 33 located within specifically designated New York city community 34 districts, selected by an agency designated by the mayor of the city of 35 New York pursuant to subdivision five of this section, shall receive an 36 enhanced tax abatement for any green roof with a growth medium with a 37 depth of at least four inches. The total amount of such enhanced tax 38 abatement commencing on or after July first, two thousand nineteen and 39 ending on or before June thirtieth, two thousand twenty-four, shall be 40 fifteen dollars per square foot of a green roof pursuant to an approved 41 application for enhanced tax abatement: provided, however, that the 42 amount of such enhanced tax abatement shall not exceed two hundred thou- 43 sand dollars. To the extent the amount of such enhanced tax abatement 44 exceeds the total tax liability in any tax year, any remaining amount 45 may be applied to the tax liability in succeeding tax years, provided 46 that such abatement must be applied within five years of the tax year in 47 which the tax abatement was initially taken. 48 (d) Notwithstanding paragraph (b) or (c) of this subdivision, the 49 aggregate amount of tax abatements allowed under this subdivision for 50 the tax year commencing July first, two thousand fourteen and ending 51 June thirtieth two thousand fifteen shall be a maximum of seven hundred 52 fifty thousand dollars, and the aggregate amount of tax abatements 53 allowed under this subdivision for any tax year commencing on or after 54 July first, two thousand fifteen and ending on or before June thirtieth, 55 two thousand [nineteen] twenty-four shall be a maximum of one million 56 dollars. No tax abatements shall be allowed under this subdivision forS. 5554--B 3 1 any tax year commencing on or after July first, two thousand [nineteen.] 2 twenty-four. 3 (e) Such aggregate amount of tax abatements including enhanced tax 4 abatements, shall be allocated by the department of finance on a pro 5 rata basis among applicants whose applications have been approved by a 6 designated agency. If such allocation is not made prior to the date that 7 the real property tax bill, statement of account or other similar bill 8 or statement is prepared, then the department of finance shall, as 9 necessary, after such allocation is made, submit an amended real proper- 10 ty tax bill, statement of account or other similar bill or statement to 11 any applicant whose abatement must be adjusted to reflect such allo- 12 cation. Nothing in this paragraph shall be deemed to affect the obli- 13 gation of any taxpayer under applicable law with respect to the payment 14 of any installment of real property tax for the fiscal year as to which 15 such allocation is made, which was due and payable prior to the date 16 such amended real property tax bills are sent, and the department of 17 finance shall be authorized to determine the date on which amended bills 18 are to be sent and the installments of real property tax which are to be 19 reflected therein. 20 2. Such tax abatement shall commence on July first following the 21 approval of an application for tax abatement by a designated agency[,22and shall not exceed one year]. 23 3. With respect to any eligible building held in the condominium form 24 of ownership that receive a tax abatement pursuant to this title, such 25 tax abatement benefits shall be apportioned among all of the condominium 26 tax lots within such eligible building. 27 4. If, as a result of application to the tax commission or a court 28 order or action by the department of finance, the billable assessed 29 value for the fiscal year in which the tax abatement is taken is reduced 30 after the assessment roll becomes final, the department of finance shall 31 recalculate the abatement so that the abatement granted shall not exceed 32 the annual tax liability as so reduced. The amount equal to the differ- 33 ence between the abatement originally granted and the abatement as so 34 recalculated shall be deducted from any refund otherwise payable or 35 remission otherwise due as a result of such reduction in billable 36 assessed value. 37 5. Buildings located within specifically designated New York city 38 community districts, as identified by an agency designated by the mayor 39 of the city of New York, shall be eligible for the enhanced tax abate- 40 ment described in paragraph (c) of subdivision one of this section. No 41 building located outside of a designated area shall be eligible to 42 receive an enhanced abatement. An agency designated by the mayor of the 43 city of New York shall select community districts on a rolling basis 44 over a period of three years. In selecting community districts, such 45 agency shall prioritize areas in the priority combined sewage overflow 46 tributary areas identified by the city of New York, with particular 47 emphasis on those portions of such city that have been identified by an 48 agency designated by the mayor of such city as lacking green space. 49 § 3. Subdivision 1 of section 499-ccc of the real property tax law, as 50 amended by chapter 524 of the laws of 2013, is amended to read as 51 follows: 52 1. To obtain a tax abatement pursuant to this title, an applicant must 53 file an application for tax abatement, which may be filed on or after 54 January first, two thousand nine, and on or before March fifteenth, two 55 thousand [eighteen] twenty-three.S. 5554--B 4 1 § 4. This act shall take effect June 30, 2019; provided, however, that 2 if this act shall have become a law after such date, this act shall take 3 effect immediately and shall be deemed to have been in full force and 4 effect on and after June 30, 2019.
