S T A T E   O F   N E W   Y O R K
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                                  874--A
     Cal. No. 116
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2017
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Local  Government  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  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 establishing a
   green development neighborhood 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:
   §  431.  GREEN  DEVELOPMENT NEIGHBORHOOD TAX EXEMPTION.  1. AS USED IN
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "MUNICIPAL CORPORATION" 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) NGBS SILVER LEVEL CERTIFIED BY
 HOME INNOVATION RESEARCH LABS  AT  A  PERFORMANCE  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 NGBS GREEN CERTIFIED LAND 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 CERTIFIED SILVER OR BETTER.
   (E) "NGBS GREEN CERTIFIED LAND  DEVELOPMENT"  SHALL  MEAN  A  NATIONAL
 GREEN BUILDING STANDARD GREEN SUBDIVISION WITH A CERTIFICATION ISSUED BY
 HOME INNOVATION RESEARCH LABS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01618-03-7

 S. 874--A                           2
 
   (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.
   (H) "LEED-ND" SHALL MEAN LEED FOR NEIGHBORHOOD DEVELOPMENT.
   (I) "NGBS" SHALL MEAN THE NATIONAL GREEN BUILDING STANDARD AS APPROVED
 BY THE AMERICAN NATIONAL STANDARDS INSTITUTE.
   (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 MUNICIPAL CORPORATION MAY, BY
 LOCAL LAW, PROVIDE FOR THE EXEMPTION OF REAL PROPERTY FROM  TAXATION  AS
 PROVIDED IN THIS SECTION, PROVIDED THE GOVERNING BOARD OF SUCH MUNICIPAL
 CORPORATION,  AFTER  CONDUCTING  A  PUBLIC  HEARING, ADOPTS A LOCAL LAW,
 ORDINANCE OR RESOLUTION PROVIDING THEREFOR.  UPON THE ADOPTION OF SUCH A
 LOCAL LAW, THE COUNTY IN WHICH SUCH  MUNICIPAL  CORPORATION  IS  LOCATED
 MAY,  BY  LOCAL  LAW,  AND  ANY SCHOOL DISTRICT, ALL OR PART OF WHICH IS
 LOCATED IN SUCH MUNICIPAL CORPORATION, MAY, BY RESOLUTION,  EXEMPT  SUCH
 PROPERTY  FROM ITS TAXATION IN THE SAME MANNER AND TO THE SAME EXTENT AS
 SUCH MUNICIPAL CORPORATION.   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  SUBDIVI-
 SION SHALL HAVE A MAXIMUM EXEMPTION FROM TAXATION AND SPECIAL AD VALOREM
 LEVIES  TO  THE  EXTENT OF ANY INCREASE IN ASSESSED VALUE RESULTING FROM
 THE CONSTRUCTION OF A GREEN DEVELOPMENT NEIGHBORHOOD.   SUCH  LOCAL  LAW
 SHALL  PROVIDE  FOR  THE  PERCENTAGE OF SUCH EXEMPTION AND THE PERIOD OF
 TIME DURING WHICH SUCH EXEMPTION SHALL CONTINUE, BUT IN NO EVENT  LONGER
 THAN TEN YEARS FOR EACH PARCEL WHICH APPLIES FOR SUCH EXEMPTION.
   (B)  UPON  OBTAINING  A  LEED-ND CERTIFICATION OR NGBS GREEN CERTIFIED
 LAND 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 CERTIFIED SILVER OR BETTER. INDIVIDUAL RESIDEN-
 TIAL PARCELS WITHIN THE SUBDIVISION SHALL BE ENTITLED TO A TAX EXEMPTION
 AS PROVIDED IN THE LOCAL LAW OR RESOLUTION UPON SUBMISSION  TO  THE  TAX
 ASSESSOR  OF  DOCUMENTATION THAT THE CONSTRUCTION IS CERTIFIED SILVER OR
 BETTER.  COMMON AREA AND VACANT PARCELS WITHIN THE SUBDIVISION SHALL  BE
 EXEMPT AS PROVIDED IN THE LOCAL LAW OR RESOLUTION 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
 MUNICIPAL CORPORATION OR COUNTY HAVING THE POWER TO ASSESS PROPERTY  FOR
 TAXATION ON OR BEFORE THE APPROPRIATE TAXABLE STATUS DATE OF SUCH MUNIC-
 IPAL CORPORATION 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.

 S. 874--A                           3

   (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 MUNICIPAL CORPORATION'S LOCAL LAW TOOK EFFECT.
   § 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.