S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10536
 
                           I N  A S S E M B L Y
 
                               June 3, 2024
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Braunstein)
   -- read once and referred to the Committee on Real Property Taxation
 
 AN ACT to amend the real property tax law, in relation  to  establishing
   an  abatement  and  exemption  from  real  property  taxes for capital
   improvements to reduce carbon emissions; and providing for the  repeal
   of such provisions upon expiration thereof

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. New York's nation leading climate  law,
 the  climate  leadership  and  community protection act of 2019 (CLCPA),
 requires the state to reduce its greenhouse gas emissions to 40  percent
 below  1990  levels  by  2030, and 85 percent below 1990 levels by 2050,
 among other goals. At the same time, New York city's local law number 97
 for the year 2019 requires buildings over 25,000 square feet  to  reduce
 their  carbon  emissions to comply with increasingly stringent emissions
 limits. While New York's  building  stock  accounts  for  more  than  25
 percent  of  statewide  greenhouse gas emissions and transportation is a
 top emitter, in New York city that ratio  is  reversed,  with  buildings
 accounting  for approximately 70 percent of greenhouse gas emissions. As
 such, reaching the state and city's climate goals will  require  signif-
 icant investment to decarbonize buildings including through electrifica-
 tion,  energy  efficiency,  and  the  use of new technologies and energy
 sources. The use of this targeted abatement, which would be available to
 support all property owners that are meaningfully  engaged  in  reducing
 carbon  emissions will ensure the success of the CLCPA and local law 97.
 This legislation will benefit all  New  Yorkers  by  ensuring  that  our
 buildings can play a vital role in decarbonization.
   §  2.  The  real  property  tax law is amended by adding a new section
 488-b to read as follows:
   § 488-B. ABATEMENT AND EXEMPTION FROM REAL PROPERTY TAXES FOR  CAPITAL
 IMPROVEMENTS TO REDUCE CARBON EMISSIONS. 1. ANY CITY HAVING A POPULATION
 OF  ONE  MILLION  OR MORE, ACTING THROUGH ITS LOCAL LEGISLATIVE BODY, IS
 AUTHORIZED AND EMPOWERED TO DETERMINE THAT INCENTIVES  IN  THE  FORM  OF
 ABATEMENT  AND/OR  EXEMPTION  OF  REAL  PROPERTY  TAXES ARE NECESSARY TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15839-01-4
 A. 10536                            2
 
 ENCOURAGE CARBON EMISSIONS REDUCTION IN SUCH CITY AND TO ENACT  A  LOCAL
 LAW  PROVIDING  THAT  SUCH  BENEFITS SHALL BE PROVIDED IN THE MANNER SET
 FORTH IN THIS TITLE.
   2.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A) "ELIGIBLE REAL PROPERTY" SHALL MEAN A COVERED BUILDING AS  DEFINED
 IN  SECTION 28-320.1 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK,
 OR AN APPROPRIATE SUBSET OF SUCH  COVERED  BUILDINGS  AS  DETERMINED  BY
 LOCAL LAW.
   (B)  "ELIGIBLE  IMPROVEMENTS" SHALL INCLUDE CATEGORIES OF WORK LOCATED
 AT ELIGIBLE REAL PROPERTY THAT ARE EXPECTED TO RESULT IN A REDUCTION  OF
 GREENHOUSE  GAS EMISSIONS FOR THE BUILDING, INCLUDING BUT NOT LIMITED TO
 FULL OR PARTIAL BUILDING  ELECTRIFICATION,  BUILDING  ENVELOPE  IMPROVE-
 MENTS,  THE  INSTALLATION OF ONSITE CLEAN ENERGY GENERATION, STORAGE, OR
 ELECTRIC VEHICLE CHARGING INFRASTRUCTURE, OR OTHER MEASURES THAT  REDUCE
 ENERGY CONSUMPTION AS DETERMINED BY LOCAL LAW PROVIDED HOWEVER THAT SUCH
 WORK  SHALL HAVE COMMENCED ON OR AFTER JANUARY FIRST, TWO THOUSAND TWEN-
 TY-TWO AND SHALL BE COMPLETED BY  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND
 TWENTY-NINE.
   (C)  "FULL OR PARTIAL BUILDING ELECTRIFICATION" SHALL MEAN THE INSTAL-
 LATION AND USE OF ENERGY EFFICIENT ELECTRIC-BASED HEATING,  COOLING  AND
 DOMESTIC  HOT  WATER  SYSTEMS TO DISPLACE THE USE OF FOSSIL FUEL SOURCES
 (E.G. FUEL OIL, NATURAL GAS, DISTRICT STEAM) AND/OR LESS EFFICIENT ELEC-
 TRIC-BASED HEATING SYSTEMS.
   3. ELIGIBLE REAL PROPERTY RECONSTRUCTED, ALTERED  OR  IMPROVED  SUBSE-
 QUENT  TO  THE EFFECTIVE DATE OF THIS SECTION SHALL, UPON ENACTMENT OF A
 LOCAL LAW AUTHORIZING  SUCH  EXEMPTION,  BE  EXEMPT  FROM  TAXATION  AND
 SPECIAL  AD  VALOREM  LEVIES TO THE EXTENT PROVIDED IN THIS SECTION. ANY
 EXEMPTION AND/OR ABATEMENT PERMITTED PURSUANT TO THIS SECTION SHALL TAKE
 EFFECT NO SOONER THAN THE JULY FIRST NEXT SUCCEEDING THE EFFECTIVE  DATE
 OF THIS SECTION.
   4.  SUBJECT  TO  THE PROVISIONS OF LOCAL LAW, ANY INCREASE IN ASSESSED
 VALUATION OF ELIGIBLE REAL PROPERTY RESULTING FROM ELIGIBLE IMPROVEMENTS
 MAY BE EXEMPT FROM TAXATION FOR LOCAL PURPOSES FOR A  PERIOD  OF  UP  TO
 TWENTY YEARS.
   5.  SUBJECT  TO THE PROVISIONS OF LOCAL LAW, AN ELIGIBLE REAL PROPERTY
 MAY BE ELIGIBLE FOR AN ABATEMENT OF REAL PROPERTY TAXES  OF  NO  GREATER
 THAN  TWENTY  YEARS  THAT  SHALL  NOT  EXCEED  THE  COST OF THE ELIGIBLE
 IMPROVEMENTS.
   6. NOTWITHSTANDING THE PROVISIONS OF ANY STATE OR LOCAL LAW,  RULE  OR
 REGULATION  TO  THE CONTRARY, ANY EXEMPTION OR ABATEMENT SHALL BE AVAIL-
 ABLE NOTWITHSTANDING THE RECEIPT OF ANY OTHER BENEFIT UNDER STATE, LOCAL
 OR FEDERAL LAW.
   7. DURING THE PERIOD OF TAX EXEMPTION OR ABATEMENT  PURSUANT  TO  THIS
 SECTION,  THE  EXEMPTION OR ABATEMENT MAY BE REVOKED UPON A VIOLATION OF
 APPLICABLE OVERSIGHT LAWS, WHERE AN AGENCY WITH JURISDICTION TO  ENFORCE
 SUCH  LAWS  HAS  REQUESTED  A SUSPENSION OF ABATEMENT OR EXEMPTION BASED
 UPON VIOLATIONS OF THE MULTIPLE DWELLING LAW, THE  LOCAL  BUILDING  CODE
 AND THE LOCAL HOUSING MAINTENANCE CODE, OR OTHER APPLICABLE LAW OR REGU-
 LATION.    THE BENEFITS OF THIS SECTION MAY BE REVOKED OR REDUCED UPON A
 FINDING BY THE AGENCY WITH JURISDICTION TO ENFORCE SUCH LAWS THAT:
   (A) THE APPLICATION FOR BENEFITS HEREUNDER CONTAINS A FALSE  STATEMENT
 OR FALSE INFORMATION AS TO A MATERIAL MATTER OR OMITS A MATERIAL MATTER;
   (B)  REAL  ESTATE  TAXES, WATER AND SEWER CHARGES, PAYMENTS IN LIEU OF
 TAXES OR OTHER MUNICIPAL CHARGES ARE DUE AND OWING  FOR  MORE  THAN  ONE
 YEAR;
 A. 10536                            3
 
   (C)  THE  ELIGIBLE  REAL  PROPERTY FAILS TO SUBMIT A REPORT TO THE NEW
 YORK CITY DEPARTMENT OF BUILDINGS AS REQUIRED BY SECTION  28-320.3.7  OF
 THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK; OR
   (D)  AFTER  RECEIVING  NOTICE  OF  SUCH A FAILURE, THAT SUCH OWNER HAS
 FAILED TO CURE THE DEFICIENCY WITHIN NINETY DAYS.
   8. THE LOCAL AGENCIES OF GOVERNMENT CHARGED WITH THE ADMINISTRATION OF
 THIS SECTION MAY PROMULGATE RULES  AND  REGULATIONS  TO  CARRY  OUT  THE
 PROVISIONS OF THIS SECTION.
   §  3.  This  act shall take effect immediately and shall expire and be
 deemed repealed December 31, 2029.