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

                                  1253

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

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. THE LOCAL LEGISLATIVE
BODY OF ANY CITY, TOWN OR VILLAGE IS HEREBY AUTHORIZED AND EMPOWERED  TO
ADOPT  AND  AMEND  A  LOCAL  LAW TO PROVIDE THAT ANY REAL PROPERTY WHICH
SATISFIES THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION  SHALL  BE
GRANTED  A  REDUCED  REAL  PROPERTY TAX RATE AS SET FORTH IN SUBDIVISION
THREE OF THIS SECTION.
  2. SUCH LOCAL LAW SHALL PROVIDE THAT FOR REAL PROPERTY TO QUALIFY  FOR
THE  EXEMPTION SET FORTH IN SUBDIVISION THREE OF THIS SECTION, SUCH REAL
PROPERTY SHALL BE A ONE, TWO OR THREE FAMILY RESIDENCE  AND  PART  OF  A
DEVELOPMENT THAT:
  (A) IS EITHER (I) A GREEN DEVELOPMENT OR (II) LEED-ND CERTIFIED; AND
  (B)  CONTAINS  HOMES,  SEVENTY-FIVE  PERCENT  OF  WHICH  ARE CERTIFIED
SILVER.
  3. SUCH LOCAL LAW SHALL PROVIDE THAT REAL PROPERTY THAT SATISFIES  THE
CRITERIA SET FORTH IN SUBDIVISION TWO OF THIS SECTION SHALL BE PARTIALLY
EXEMPT  FROM  LOCAL  REAL  PROPERTY  TAXATION FOR A PERIOD NOT TO EXCEED
TWENTY YEARS IN THE AGGREGATE AFTER THE TAXABLE STATUS DATE  IMMEDIATELY
FOLLOWING   THE   SATISFACTION   THEREOF,  AS  FOLLOWS:  EXEMPTION  FROM
THIRTY-FIVE PERCENT OF SUCH TAXATION.
  4. (A) UPON SUCCESSFUL LEED CERTIFICATION  OR  NAHB  CERTIFICATION,  A
DEVELOPER  SHALL NOTIFY THE TAX ASSESSOR OF ANY ASSESSING UNIT THAT SUCH
DEVELOPMENT SATISFIES THE REQUIREMENTS SET FORTH IN SUBDIVISION  TWO  OF

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

                                                           LBD04024-01-3

A. 1253                             2

THIS  SECTION AND THAT ALL REAL PROPERTY LOCATED WITHIN SUCH DEVELOPMENT
SHALL BE GRANTED A REDUCED REAL PROPERTY TAX RATE AS SET FORTH IN SUBDI-
VISION THREE OF THIS SECTION.
  (B) AN EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL COMMENCE AS OF
THE  DATE  OF  THE NOTIFICATION OF THE TAX ASSESSOR, AND SHALL TERMINATE
UPON THE EXPIRATION OR TERMINATION OF THE CERTIFICATIONS REQUIRED PURSU-
ANT TO SUBDIVISION TWO OF THIS SECTION.
  5. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
THE FOLLOWING MEANINGS:
  (A)  "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.
  (B) "DEVELOPMENT" SHALL MEAN A NEIGHBORHOOD OR COMMUNITY OF  NEW  ONE,
TWO OR THREE FAMILY RESIDENCES WHICH SHALL INCLUDE ALL STREETS, LOTS AND
COMMON AREAS.
  (C)  "GREEN  DEVELOPMENT"  SHALL MEAN A DEVELOPMENT WITH A PERFORMANCE
POINT LEVEL OF FOUR STARS AS RATED BY THE NAHB.
  (D) "LEED" SHALL MEAN THE UNITED STATES GREEN BUILDING COUNCIL LEADER-
SHIP IN ENERGY AND ENVIRONMENTAL DESIGN RATING SYSTEM.
  (E) "LEED-ND" SHALL MEAN LEED FOR NEIGHBORHOOD DEVELOPMENT.
  (F) "NAHB" SHALL MEAN THE NATIONAL ASSOCIATION OF HOME BUILDERS.
  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.