NY State Senate Bill 2009-S2510

Senate Bill S2510

2009-2010 Legislative Session

Increases partial real property tax exemption for residential improvements and an added exemption schedule for LEED certification standards for green buildings in certain cities

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to local government
Feb 23, 2009	referred to local government

2009-S2510 (ACTIVE) - Details

See Assembly Version of this Bill:: A3208
Current Committee:: Senate Local Government
Law Section:: Real Property Tax Law
Laws Affected:: Amd §485-j, RPT L

2009-S2510 (ACTIVE) - Summary

Increases partial real property tax exemption for residential improvements and an added exemption schedule for LEED certification standards for green buildings in certain cities.

2009-S2510 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2510

 TITLE OF BILL :

An act to amend the real property tax law, in relation to increasing
the partial real property tax exemption for residential improvements
and an added exemption schedule for LEED certification standards for
green buildings in certain cities


 PURPOSE :

To increase the residential improvement property tax exemption for the
City of Syracuse and establish a property tax exemption for LEED
certified buildings in the City of Syracuse.

 SUMMARY OF PROVISIONS :

Section 1 -- Amends subdivisions 1, 2 and 4 of Real Property Tax Law
section 485-j.

Subdivision 1 is amended to apply this exemption to construction of
improvements to residential real property initiated on or after
January 1, 2010.

Subdivision 2 is amended to apply the one-hundred percent property tax

exemption for a period of two years. Currently the 100% exemption
applies for a period of one year. This subdivision is also amended to
expand the exemption to a six year period. Currently the exemption
applies to a five year period. Subdivision 2 is also amended to
establish a property tax exemption for LEED certified -- or "green" --
residential real property.

Subdivision 4 establishes a procedure for receiving the LEED
certification exemption.

Section 2 -- Effective date.

 JUSTIFICATION :

This legislation is being introduced at the request of the Syracuse
Common Council and the Syracuse Department of Assessment.  In 2006,
the Governor signed into law a bill that would establish a property
tax exemption for homeowners in the City of Syracuse who improve their
property. This bill expands upon that law and establishes a new
property tax exemption for LEED certified -- or "green" -- residential
properties.

By enacting this bill into law, we can provide an important benefit to
Syracuse homeowners and improve the quality-of-life in Syracuse's
neighborhoods.

 LEGISLATIVE HISTORY :

S.7814/A.10834 of 2008 (Passed Senate)

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2009-S2510 (ACTIVE) - Bill Text download pdf

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

                                  2510

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 23, 2009
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Local Government

AN ACT to amend the real property tax law, in relation to increasing the
  partial real property tax exemption for residential  improvements  and
  an added exemption schedule for LEED certification standards for green
  buildings in certain cities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 1, 2 and 4 of section 485-j of the real  prop-
erty  tax  law, as added by chapter 195 of the laws of 2006, are amended
to read as follows:
  1.  Construction of improvements to residential real  property  initi-
ated on or after the first day of January, two thousand [six] TEN in the
cities  with  a  population of not less than one hundred thirty thousand
and not more than one hundred sixty thousand may be exempt from city and
school taxation as provided in this section.
  2. (a)(i) Such real property shall be exempt  for  a  period  of  [one
year]  TWO YEARS to the extent of one hundred per centum of the increase
in assessed value thereof attributable to such construction and  for  an
additional  period  of  four years provided, however, that the extent of
such exemption shall be decreased by twenty per centum each year  during
such  additional  period  of  four  years  and  such  exemption shall be
computed with respect to the "exemption base". The exemption base  shall
be  the  increase in assessed value due to improvements as determined by
the assessor in the initial year of such [five] SIX year period  follow-
ing the filing of an original application.
  (ii)  The following table shall illustrate the computation of the city
tax exemption:

Year of exemption                  Percentage of exemption
        1                                    100

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05537-01-9

S. 2510                             2

        2                                    [80] 100
        3                                    [60] 80
        4                                    [40] 60
        5                                    [20] 40
        6                                    20

  (iii)  (1)  SUCH RESIDENTIAL REAL PROPERTY OR PORTION THEREOF WHICH IS
CERTIFIED UNDER A CERTIFICATION STANDARD APPROVED BY THE CITY  WHICH  IS
DETERMINED TO BE EQUIVALENT TO THE LEED CERTIFICATION FOR THE CATEGORIES
OF  CERTIFIED, SILVER, GOLD OR PLATINUM AS MEETING GREEN BUILDING STAND-
ARDS SHALL BE EXEMPT AS PROVIDED BELOW FOR  THE  RESPECTIVE  PERCENTAGES
PROVIDED  THAT  A  COPY OF THE CERTIFICATION FOR A QUALIFIED CATEGORY IS
FILED WITH THE CITY'S COMMISSIONER OF ASSESSMENT AND THE COMMISSIONER OF
ASSESSMENT APPROVES THE APPLICATION FOR THE APPLICABLE CATEGORY AS MEET-
ING THE REQUIREMENTS OF THIS LAW AND THE CITY'S LOCAL LAW.

                       RESIDENTIAL LEED EXEMPTION
          CERTIFIED/SILVER           GOLD             PLATINUM
          100%                       100%             100%
          100%                       100%             100%
          100%                       100%             100%
          80%                        100%             100%
          60%                        80%              100%
          40%                        60%              100%
          20%                        40%              80%
                                     20%              60%
                                                      40%
                                                      20%
  (2) QUALIFIED RESIDENTIAL REAL PROPERTY WHICH DOES NOT MEET THE CERTI-
FIED, SILVER, GOLD OR PLATINUM STANDARD AS DETERMINED BY THE CITY  SHALL
BE  EXEMPT  UNDER  SUBPARAGRAPH (II) OF THIS PARAGRAPH PROVIDED IT MEETS
THE APPLICABLE REQUIREMENTS OF THIS LAW AND THE CITY'S LOCAL LAW.
  (IV) Exemptions granted pursuant to this section shall apply  to  real
property taxes imposed for both city and school district purposes.
  (b)  No  such exemption shall be granted unless: (i) such construction
of improvements was commenced on or after the first day of  January  two
thousand [six] TEN or such later date as may be specified by local law;
  (ii)  the  residential real property is situate in a city with a popu-
lation of not less than one hundred thirty thousand and  not  more  than
one hundred sixty thousand;
  (iii)  the  value of such construction exceeds the sum of ten thousand
dollars; and
  (iv)  such  construction  is  documented  by  a  building  permit,  if
required,  for  the  improvements, or other appropriate documentation as
required by the assessor.
  (c) For purposes of this section the term  "construction  of  improve-
ments" shall not include ordinary maintenance and repairs.
  4.  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 by a city with a population of not  less  than
one hundred thirty thousand and not more than one hundred sixty thousand
as provided in this section commencing with the assessment roll prepared
after  the  taxable status date referred to in subdivision three of this
section. The assessed value of any exemption granted  pursuant  to  this
section shall be entered by the assessor on the assessment roll with the

S. 2510                             3

taxable  property,  with the amount of the exemption shown in a separate
column.  IN ANY CASE WHERE THERE  IS  AN  ADDITIONAL  PARTIAL  EXEMPTION
BASED  ON  A  CERTIFICATION  OF  CERTIFIED,  SILVER, GOLD OR PLATINUM IN
ACCORDANCE  WITH  THE APPLICABLE CERTIFICATION STANDARDS APPROVED BY THE
CITY, A COPY OF SUCH CERTIFICATION SHALL BE FILED IN  THE  SUBJECT  REAL
PROPERTY FILE.
  S  2.  This  act shall take effect immediately; provided, however that
any residential real property that has been granted an exemption  pursu-
ant  to  chapter 195 of the laws of 2006, prior to the effective date of
this act shall be entitled to the exemption for the applicable five-year
period with the primary applicable percentage exemption.

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