S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2097

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

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:

  Section 1. The real property tax  law  is  amended  by  adding  a  new
section 431 to read as follows:
  S  431.  GREEN  DEVELOPMENT  HOME  TAX EXEMPTION.   1. AS USED IN THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "MUNICIPALITY" MEANS ANY TOWN, CITY OR VILLAGE, EXCEPT FOR A  CITY
HAVING MORE THAN ONE MILLION INHABITANTS.
  (B)  "APPLICANT" MEANS ANY PERSON OBLIGATED TO PAY REAL PROPERTY TAXES
ON THE PROPERTY FOR WHICH AN EXEMPTION FROM REAL  PROPERTY  TAXES  UNDER
THIS SECTION IS SOUGHT.
  (C)  "CERTIFIED  SILVER" SHALL MEAN (I) CERTIFIED BY THE NAHB NATIONAL
GREEN BUILDING CERTIFICATION PROGRAM AT A  PERFORMANCE  POINT  LEVEL  OF
SILVER  OR BETTER, OR (II) LEED FOR NEW CONSTRUCTION CERTIFIED SILVER OR
BETTER.
  (D)  "GREEN  DEVELOPMENT  NEIGHBORHOOD"  SHALL  MEAN  A   SUBDIVISION,
CONSISTING OF NEW ONE, TWO OR THREE FAMILY RESIDENCES THAT IS (A) EITHER
A  GREEN  DEVELOPMENT  OR  LEED-ND  CERTIFIED,  AND  (B) SUBJECT TO DEED
RESTRICTIONS OR OTHER COVENANTS RUNNING WITH THE LAND WHICH REQUIRE  ALL
RESIDENCES  WITHIN  THE SUBDIVISION TO BE CONSTRUCTED SO AS TO BE CERTI-
FIED SILVER.
  (E) "GREEN DEVELOPMENT" SHALL MEAN A SUBDIVISION  DEVELOPMENT  WITH  A
PERFORMANCE POINT LEVEL OF FOUR STARS AS RATED BY THE NAHB.
  (F) "LEED" SHALL MEAN THE UNITED STATES GREEN BUILDING COUNCIL LEADER-
SHIP IN ENERGY AND ENVIRONMENTAL DESIGN RATING SYSTEM.
  (G)  "RESIDENCE"  SHALL  MEAN  A  ONE, TWO OR THREE FAMILY RESIDENTIAL
STRUCTURE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06322-01-5
              

A. 2097                             2

  (H) "LEED-ND" SHALL MEAN LEED FOR NEIGHBORHOOD DEVELOPMENT.
  (I) "NAHB" SHALL MEAN THE NATIONAL ASSOCIATION OF HOME BUILDERS.
  (J)  "PERSON"  MEANS  AN  INDIVIDUAL,  CORPORATION,  LIMITED LIABILITY
COMPANY, PARTNERSHIP, ASSOCIATION, AGENCY,  TRUST,  ESTATE,  FOREIGN  OR
DOMESTIC GOVERNMENT OR SUBDIVISION THEREOF, OR OTHER ENTITY.
  2.  (A)  THE  LOCAL LEGISLATIVE BODY OF ANY MUNICIPALITY MAY, BY LOCAL
LAW, PROVIDE FOR  THE  EXEMPTION  OF  REAL  PROPERTY  FROM  TAXATION  AS
PROVIDED  IN  THIS  SECTION.  UPON THE ADOPTION OF SUCH A LOCAL LAW, THE
COUNTY IN WHICH SUCH MUNICIPALITY IS LOCATED MAY, BY LOCAL LAW, AND  ANY
SCHOOL  DISTRICT,  ALL OR PART OF WHICH IS LOCATED IN SUCH MUNICIPALITY,
MAY, BY RESOLUTION, EXEMPT SUCH PROPERTY FROM ITS TAXATION IN  THE  SAME
MANNER AND TO THE SAME EXTENT AS SUCH MUNICIPALITY. UPON THE ADOPTION OF
SUCH  A  LOCAL  LAW,  RESIDENTIAL AND COMMON AREA REAL PROPERTY WITHIN A
GREEN DEVELOPMENT NEIGHBORHOOD MEETING THE REQUIREMENTS OF PARAGRAPH (B)
OF THIS SUBDIVISION SHALL BE EXEMPT FROM TAXATION AND SPECIAL AD VALOREM
LEVIES TO THE EXTENT OF THIRTY-FIVE PERCENT OF  THE  ASSESSED  VALUE  OF
SUCH  REAL PROPERTY. SUCH LOCAL LAW SHALL PROVIDE FOR THE PERIOD OF TIME
DURING WHICH SUCH EXEMPTION SHALL CONTINUE, BUT IN NO EVENT LONGER  THAN
TWENTY YEARS FOR EACH PARCEL WHICH APPLIES FOR SUCH EXEMPTION.
  (B)  UPON  OBTAINING  A  LEED-ND  CERTIFICATION  OR  GREEN DEVELOPMENT
CERTIFICATION, A DEVELOPER SHALL FILE  WITH  THE  TAX  ASSESSOR  OF  THE
ASSESSING  UNIT  A COPY OF SUCH CERTIFICATION TOGETHER WITH A MAP OF THE
SUBDIVISION AND EVIDENCE THAT ALL OF THE RESIDENTIAL PARCELS WITHIN  THE
SUBDIVISION  ARE  SUBJECT TO DEED RESTRICTIONS OR COVENANTS RUNNING WITH
THE LAND WHICH REQUIRE RESIDENCES TO BE CONSTRUCTED SO AS TO  BE  CERTI-
FIED SILVER. INDIVIDUAL RESIDENTIAL PARCELS WITHIN THE SUBDIVISION SHALL
BE  ENTITLED  TO  A TAX EXEMPTION AS PROVIDED IN THE LOCAL LAW OR RESOL-
UTION UPON SUBMISSION TO THE TAX  ASSESSOR  OF  DOCUMENTATION  THAT  THE
CONSTRUCTION  IS CERTIFIED SILVER. COMMON AREA AND VACANT PARCELS WITHIN
THE SUBDIVISION SHALL BE EXEMPT AS PROVIDED IN THE LOCAL LAW  OR  RESOL-
UTION  UPON  SUBMISSION  OF THE CERTIFICATION AND MAP TO THE ASSESSOR BY
THE DEVELOPER.
  (C) AN EXEMPTION UNDER THIS SECTION SHALL BE GRANTED ONLY UPON  APPLI-
CATION  BY  THE  OWNER OF SUCH REAL PROPERTY ON A FORM PRESCRIBED BY THE
COMMISSIONER. SUCH APPLICATION SHALL BE FILED WITH THE ASSESSOR  OF  THE
MUNICIPALITY  OR COUNTY HAVING THE POWER TO ASSESS PROPERTY FOR TAXATION
ON OR BEFORE THE APPROPRIATE TAXABLE STATUS DATE OF SUCH MUNICIPALITY OR
COUNTY.
  (D) IF THE ASSESSOR IS SATISFIED THAT THE APPLICANT IS ENTITLED TO  AN
EXEMPTION PURSUANT TO THIS SECTION, HE OR SHE SHALL APPROVE THE APPLICA-
TION AND SUCH REAL PROPERTY SHALL THEREAFTER BE EXEMPT FROM TAXATION AND
SPECIAL  AD  VALOREM  LEVIES AS PROVIDED IN THIS SECTION COMMENCING WITH
THE ASSESSMENT ROLL PREPARED AFTER THE TAXABLE STATUS DATE FOLLOWING THE
SUBMISSION OF AN APPLICATION TO THE ASSESSOR. THE ASSESSED VALUE OF  ANY
EXEMPTION  GRANTED  PURSUANT  TO  THIS  SECTION  SHALL BE ENTERED BY THE
ASSESSOR ON THE ASSESSMENT ROLL WITH  THE  TAXABLE  PROPERTY,  WITH  THE
AMOUNT OF THE EXEMPTION SHOWN IN A SEPARATE COLUMN.
  (E)  NO  SUCH  EXEMPTION SHALL BE GRANTED UNLESS CONSTRUCTION OF RESI-
DENCES WITHIN A GREEN DEVELOPMENT NEIGHBORHOOD WAS COMMENCED  SUBSEQUENT
TO THE DATE ON WHICH THE MUNICIPALITY'S LOCAL LAW TOOK EFFECT.
  S 2. This act shall take effect on the one hundred twentieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date is authorized to be made on  or
before such date.