S T A T E   O F   N E W   Y O R K
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                                  943--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Local  Government  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 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 to repeal such provisions
   upon the 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:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01352-03-3
              

 S. 943--A                           2
 
   §  488-B. ABATEMENT AND EXEMPTION FROM REAL PROPERTY TAXES FOR CAPITAL
 IMPROVEMENTS TO REDUCE CARBON EMISSIONS. 1. FOR  THE  PURPOSES  OF  THIS
 SECTION,  THE  FOLLOWING TERMS SHALL HAVE THE MEANINGS SPECIFIED IN THIS
 SUBDIVISION:
   A.  "ELIGIBLE  REAL  PROPERTY"  SHALL MEAN A PROPERTY LOCATED WITHIN A
 CITY OF ONE MILLION OR MORE THAT IS:
   (I) ANY CLASS B MULTIPLE DWELLING AS DEFINED IN THE MULTIPLE  DWELLING
 LAW;
   (II) ANY CLASS A MULTIPLE DWELLING AS DEFINED IN THE MULTIPLE DWELLING
 LAW;
   NOTWITHSTANDING  THE  FOREGOING,  ELIGIBLE  REAL  PROPERTY  SHALL  NOT
 INCLUDE COLLEGE AND SCHOOL DORMITORIES, CLUB HOUSES, OR RESIDENCES WHOSE
 OCCUPANCY IS RESTRICTED TO AN INSTITUTIONAL USE SUCH AS HOUSING INTENDED
 FOR USE PRIMARILY OR EXCLUSIVELY BY THE EMPLOYEES OF A SINGLE COMPANY OR
 INSTITUTION. A BUILDING IS AN ELIGIBLE REAL PROPERTY ONLY IF  IT  QUALI-
 FIES AS SUCH AFTER COMPLETION OF THE ELIGIBLE IMPROVEMENTS, BUT NEED NOT
 HAVE BEEN AN ELIGIBLE REAL PROPERTY PRIOR TO THE ELIGIBLE IMPROVEMENTS;
   (III)  ANY NON-RESIDENTIAL, COMMERCIAL PROPERTY USED PRIMARILY FOR THE
 BUYING, SELLING OR OTHERWISE PROVIDING OF GOODS OR SERVICES INCLUSIVE OF
 MANUFACTURING AND OFFICE SPACE;
   (IV) ANY SINGLE FAMILY PRIVATE DWELLING; OR
   (V) ANY TWO-FAMILY PRIVATE DWELLING.
   B. "ELIGIBLE IMPROVEMENTS" SHALL BE LIMITED TO CATEGORIES OF WORK THAT
 RESULT IN A REDUCTION OF GREENHOUSE  GAS  EMISSIONS  FOR  THE  BUILDING,
 PROVIDED FURTHER THAT SUCH WORK SHALL BE IN CONFORMITY WITH ALL APPLICA-
 BLE  LAWS.  ELIGIBLE  IMPROVEMENTS SHALL INCLUDE, BUT NOT BE LIMITED TO,
 ANY OF THE FOLLOWING TYPES OF IMPROVEMENTS:
   (I) DESIGN, PERMITTING, AND TECHNICAL ANALYSIS WORK REQUIRED TO  IDEN-
 TIFY,  MEASURE,  AND COMPLETE ELIGIBLE WORK INCLUDING THE DEVELOPMENT OF
 CARBON EMISSIONS REDUCTION STRATEGIES AND PLANS;
   (II) CLEANING, RESURFACING OR REPAIR OF ADJACENT  SURFACES,  INCLUSIVE
 OF  THE REPLACEMENT OR INSTALLATION OF WINDOWS, WALLS, CEILINGS, FLOORS,
 DOORS OR TRIM WHERE NECESSARY;
   (III) POINTING, WATERPROOFING AND REPAIR OF BUILDING ENVELOPE, INCLUD-
 ING CLEANING OF ENTIRE BUILDING EXTERIOR SURFACE  TO  PREPARE  FOR  SUCH
 WORK,  IN  THE  COURSE  OF THE REPLACEMENT, INSTALLATION OR UPGRADING OF
 ELIGIBLE SYSTEMS OR EQUIPMENT;
   (IV) REPLACEMENT, REPAIR OR INSTALLATION OF NEW SYSTEMS FOR HEATING OR
 COOLING, INCLUDING DOMESTIC HOT WATER;
   (V) INSTALLATION OF SOLAR, GREEN ROOFS OR OTHER MECHANISMS  TO  OFFSET
 USE OF ENERGY FROM THE ELECTRICITY GRID;
   (VI)  REPLACEMENT,  OR  INSTALLATION  OF  INSULATION  IN WALLS, ROOFS,
 FLOORING, EAVES, AND AROUND PIPES;
   (VII) REPLACEMENT OR INSTALLATION OF THERMOSTATS  TO  CONTROL  TEMPER-
 ATURE AND BUILDING MANAGEMENT SYSTEMS;
   (VIII)  INSTALLATION  OF  ENERGY  EFFICIENT  APPLIANCES,  FIXTURES, OR
 LIGHTING;
   (IX) REPAIR,  REPLACEMENT  AND  MODIFICATION  OF  ELECTRICAL  SYSTEMS,
 AND/OR WIRING ASSOCIATED THEREWITH;
   (X) APPURTENANT LABOR, EQUIPMENT AND SUPPLIES; AND
   (XI)  ANY  OTHER  CATEGORIES OF WORK ESTABLISHED BY THE BOARD IN REGU-
 LATIONS THAT RESULTS IN A NET REDUCTION IN GREENHOUSE GAS EMISSIONS  FOR
 THE BUILDING.
   C.  "BOARD"  SHALL MEAN THE ENERGY EFFICIENCY IMPROVEMENT BOARD ESTAB-
 LISHED BY THIS SECTION.
 S. 943--A                           3

   D. "DEPARTMENT OF BUILDINGS" SHALL MEAN THE DEPARTMENT OF BUILDINGS IN
 THE CITY OF NEW YORK.
   2.  ELIGIBLE PROPERTY RECONSTRUCTED, ALTERED OR IMPROVED SUBSEQUENT TO
 THE EFFECTIVE DATE OF THIS SECTION SHALL BE  EXEMPT  FROM  TAXATION  AND
 SPECIAL  AD  VALOREM  LEVIES TO THE EXTENT PROVIDED IN THIS SECTION. ANY
 EXEMPTION OR ABATEMENT PERMITTED PURSUANT TO  THIS  SECTION  SHALL  TAKE
 EFFECT  NO  SOONER THAN JULY FIRST NEXT SUCCEEDING THE EFFECTIVE DATE OF
 THIS SECTION.
   3. THERE IS HEREBY ESTABLISHED AN ENERGY EFFICIENCY IMPROVEMENT  BOARD
 WITHIN THE OFFICE OF REAL PROPERTY SERVICES, WHICH SHALL CONSIST OF FOUR
 MEMBERS APPOINTED BY THE GOVERNOR, ONE OF WHOM SHALL BE THE COMMISSIONER
 OF  TAXATION AND FINANCE, EX-OFFICIO, ONE OF WHOM SHALL BE THE PRESIDENT
 OF THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY,  EX-OF-
 FICIO,  ONE  OF  WHOM  SHALL  BE THE COMMISSIONER OF HOMES AND COMMUNITY
 RENEWAL, EX-OFFICIO, AND A FOURTH MEMBER WHO SHALL  HAVE  EXPERIENCE  IN
 THE  CONSTRUCTION  OF  MULTIPLE  DWELLINGS. THE BOARD SHALL ADDITIONALLY
 HAVE TWO, NON-VOTING MEMBERS APPOINTED BY THE MAYOR OF THE CITY  OF  NEW
 YORK.    THE  BOARD  SHALL BE RESPONSIBLE FOR ADMINISTERING THE BENEFITS
 CONFERRED BY THIS SECTION. THE BOARD SHALL APPOINT STAFF, WITHIN AMOUNTS
 APPROPRIATED THEREFOR, TO ASSIST IT IN THE EXECUTION OF ITS DUTIES.  THE
 BOARD  MEMBERS  SHALL  BE  ENTITLED TO REIMBURSEMENT OF THEIR ACTUAL AND
 NECESSARY EXPENSES IN THE DISCHARGE  OF  THEIR  DUTIES,  BUT  SHALL  NOT
 OTHERWISE  BE  ENTITLED TO ANY COMPENSATION FOR THEIR SERVICE. THE BOARD
 SHALL PROMULGATE A REGULATION TO ESTABLISH A  METHODOLOGY  TO  DETERMINE
 THE  GREENHOUSE GAS EMISSIONS OF A BUILDING, AND BY REGULATION ESTABLISH
 A FORMULA THAT APPLICANTS CAN UTILIZE  TO  DETERMINE  THE  REDUCTION  IN
 EMISSIONS  CREATED  BY  ANY  IMPROVEMENTS PERMITTED BY THIS SECTION. THE
 IMPROVEMENTS DESCRIBED IN SUBPARAGRAPHS (I), (II) AND (X) OF PARAGRAPH B
 OF SUBDIVISION ONE OF THIS SECTION WHICH DO NOT INHERENTLY REDUCE  EMIS-
 SIONS,  MAY  ONLY  BE  APPROVED IF THEY ARE PART OF AN APPLICATION WHICH
 INCLUDES OTHER PROJECTS WHICH HAVE THE NET EFFECT OF  REDUCING  THE  NET
 GREENHOUSE  GAS  EMISSIONS OF THE BUILDING IF THE BUILDING IS CHARACTER-
 IZED AS AN ELIGIBLE REAL PROPERTY PURSUANT TO SUBPARAGRAPH (I), (II)  OR
 (III) OF PARAGRAPH A OF SUBDIVISION ONE OF THIS SECTION. FOR AN ELIGIBLE
 REAL  PROPERTY  DEFINED  IN  SUBPARAGRAPH  (IV) OR (V) OF PARAGRAPH A OF
 SUBDIVISION ONE OF THIS SECTION, THE BENEFITS  OF  SUBPARAGRAPH  (I)  OF
 PARAGRAPH  B OF SUBDIVISION ONE OF THIS SECTION MAY BE CLAIMED INDEPEND-
 ENTLY AT A REDUCED BENEFIT OF FIFTY PERCENT OF ACTUAL COSTS AS  PROVIDED
 FURTHER  IN  THIS SECTION. THE BOARD SHALL PROMULGATE AN APPLICATION FOR
 BENEFITS AFFORDED TO OWNERS UNDER THIS SECTION, AND  SHALL  ESTABLISH  A
 PROCESS  TO REVIEW APPLICATIONS FOR THE BENEFITS UNDER THIS SECTION. THE
 BOARD MAY PROMULGATE REGULATIONS TO  ALLOW  FOR  ADDITIONAL  CLASSES  OR
 CATEGORIES OF WORK THAT SHOULD ENTITLE AN INDIVIDUAL TO AN EXEMPTION AND
 ABATEMENT  UNDER THIS SECTION, UPON A FINDING THAT SUCH WORK HAS A BENE-
 FICIAL IMPACT ON GREENHOUSE  GAS  EMISSIONS.  THE  BOARD  SHALL  APPROVE
 REASONABLE  COSTS  ASSOCIATED  WITH  THE  WORK PROPOSED AND MAY USE AS A
 GUIDE THE TYPICAL COSTS OF SUCH IMPROVEMENTS, AND UPDATE  SUCH  INFORMA-
 TION  ANNUALLY. ANY APPLICATION FOR BENEFITS SHALL BE APPROVED OR DENIED
 WITHIN ONE YEAR OF SUBMISSION, OR IF AN AFFIRMATIVE APPROVAL  OR  DENIAL
 HAS  NOT BEEN GIVEN, THEN SUCH APPLICATION SHALL BE DEEMED APPROVED. THE
 BOARD SHALL ESTABLISH A PROCESS TO COMMUNICATE WITH  THE  DEPARTMENT  OF
 FINANCE IN THE CITY OF NEW YORK AS TO THEIR DETERMINATIONS, SUCH THAT IT
 MAY PROMPTLY UPDATE THE TAX ROLLS.
   4.  ANY  INCREASE  IN  ASSESSED  VALUATION  OF  ELIGIBLE REAL PROPERTY
 RESULTING FROM ELIGIBLE IMPROVEMENTS SHALL BE EXEMPT FROM  TAXATION  FOR
 LOCAL PURPOSES FOR A PERIOD OF TWENTY YEARS, PROVIDED THAT:
 S. 943--A                           4
 
   A.  THE  ELIGIBLE  IMPROVEMENTS  ARE  COMMENCED AFTER DECEMBER THIRTY-
 FIRST, TWO THOUSAND TWENTY-ONE, AND ARE COMPLETED WITHIN SIXTY MONTHS OF
 THE ISSUANCE OF A PERMIT BY THE DEPARTMENT OF BUILDINGS;
   B. THE ELIGIBLE IMPROVEMENTS ARE APPROVED BY THE BOARD WITH RESPECT TO
 THEIR COSTS AND THEIR QUALIFICATIONS FOR THE BENEFITS OF THIS SECTION;
   C.  THE EXEMPTION MAY COMMENCE NO SOONER THAN THE JULY FIRST FOLLOWING
 THE FILING WITH THE LOCAL  AGENCY  RESPONSIBLE  FOR  REAL  PROPERTY  TAX
 ASSESSMENT  AN  APPLICATION  FOR  SUCH  ASSESSMENT, PROVIDED THAT IF THE
 BOARD HAS NOT ESTABLISHED THE AMOUNT OF SUCH ASSESSMENT  PRIOR  TO  SUCH
 FILING,  THAT  NO  SUCH  INCREASE IN ASSESSMENT SHALL BE PERMITTED UNTIL
 SUCH TIME AS THE BOARD DETERMINES THAT THE COST OR WORK IS OTHERWISE NOT
 QUALIFIED FOR SUCH EXEMPTION; PROVIDED, HOWEVER, THAT  NO  ABATEMENT  OF
 EXISTING  TAXES  SHALL BE PERMITTED UNTIL SUCH TIME AS AN APPLICATION IS
 APPROVED, OR DEEMED APPROVED AS APPLICABLE.  IF  THE  REHABILITATION  IS
 CARRIED  OUT WITH SUBSTANTIAL GOVERNMENT ASSISTANCE AS PART OF A PROGRAM
 FOR AFFORDABLE HOUSING, THE EXEMPTION MAY COMMENCE NO  SOONER  THAN  THE
 JULY  FIRST  FOLLOWING  THE  COMMENCEMENT  OF  CONSTRUCTION  OF ELIGIBLE
 IMPROVEMENTS;
   D. THERE SHALL BE NO OUTSTANDING REAL ESTATE TAXES,  WATER  AND  SEWER
 CHARGES,  PAYMENTS  IN  LIEU OF TAXES OR OTHER MUNICIPAL CHARGES DUE AND
 OWING AS OF THE TAX QUARTER PRIOR TO COMMENCEMENT OF  TAX  EXEMPTION  TO
 THIS SECTION;
   E. NO PERSON WHO LIVES IN THE ELIGIBLE REAL PROPERTY SHALL BE REQUIRED
 BY  THE  OWNER TO PERMANENTLY VACATE THE ELIGIBLE REAL PROPERTY IN ORDER
 TO PERFORM THE ELIGIBLE IMPROVEMENTS OR ANY RELATED WORK;
   F. NOTWITHSTANDING THE PROVISIONS OF ANY STATE OR LOCAL LAW,  RULE  OR
 REGULATION  TO  THE  CONTRARY, THE EXEMPTION SHALL BE AVAILABLE NOTWITH-
 STANDING THE RECEIPT OF ANY OTHER BENEFIT UNDER STATE, LOCAL OR  FEDERAL
 LAW.
   5.  ELIGIBLE REAL PROPERTY WHICH QUALIFIES FOR EXEMPTION FROM TAXATION
 FOR LOCAL PURPOSES FOR ELIGIBLE IMPROVEMENTS SHALL ALSO BE ELIGIBLE  FOR
 A  TEN OR TWENTY YEAR ABATEMENT OF REAL PROPERTY TAXES NOT TO EXCEED THE
 COST OF ELIGIBLE IMPROVEMENTS CERTIFIED BY THE  BOARD,  WHICH  ABATEMENT
 MAY  COMMENCE  ON  THE  FIRST DAY OF THE FIRST TAX QUARTER FOLLOWING THE
 FILING WITH THE LOCAL AGENCY RESPONSIBLE FOR REAL PROPERTY  TAX  ASSESS-
 MENT  OF  A  CERTIFICATION  OF  ELIGIBILITY ISSUED BY THE BOARD FOR SUCH
 ABATEMENT; PROVIDED, HOWEVER THAT IF THE REHABILITATION IS  CARRIED  OUT
 WITH SUBSTANTIAL GOVERNMENT ASSISTANCE AS PART OF A PROGRAM FOR AFFORDA-
 BLE  HOUSING  THE ABATEMENT MAY COMMENCE NO SOONER THAN THE FIRST DAY OF
 THE FIRST TAX QUARTER FOLLOWING  THE  COMMENCEMENT  OF  CONSTRUCTION  OF
 ELIGIBLE IMPROVEMENTS, PROVIDED THAT:
   A. THE ANNUAL ABATEMENT SHALL NOT EXCEED THE AMOUNT OF TAXES OTHERWISE
 PAYABLE  IN THE CORRESPONDING TAX YEAR, PROVIDED THAT EXCESS COSTS WHICH
 ARE NOT APPLIED IN ANY TAX YEAR MAY BE CARRIED FORWARD FOR THE REMAINDER
 OF THE PERIOD OF THE ABATEMENT APPLICABLE TO SUCH IMPROVEMENT;
   B. THE AMOUNT OF SUCH ABATEMENT SHALL NOT EXCEED THE FOLLOWING AMOUNTS
 AND DURATIONS, WHICH SHALL BE DETERMINED BY REGULATIONS ESTABLISHING   A
 METHODOLOGY  TO CALCULATE THE ANNUAL ABATEMENT FOR SUCH APPLICABLE WORK.
 SUCH METHODOLOGY  SHALL  ESTABLISH  A  BASE  YEAR  FOR  CALCULATING  THE
 PERCENTAGE  ON  THE  BUILDING'S  PRIOR  CALENDAR YEAR BUILDING EMISSIONS
 REPORT AS REQUIRED BY ARTICLE THREE HUNDRED TWENTY OF CHAPTER  THREE  OF
 TITLE  TWENTY-EIGHT  OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK,
 OR IF NOT REQUIRED TO FILE A BUILDING EMISSIONS REPORT,  THEN  A  BENCH-
 MARKING  REPORT  REQUIRED BY ARTICLE THREE HUNDRED NINE OF CHAPTER THREE
 OF TITLE TWENTY-EIGHT OF THE ADMINISTRATIVE CODE  OF  THE  CITY  OF  NEW
 YORK:
 S. 943--A                           5
 
   (I)  A TEN YEAR ABATEMENT SHALL APPLY FOR PROJECTS WHICH HAVE A GREEN-
 HOUSE GAS EMISSION REDUCTION OF  BETWEEN  TWO  PERCENT  AND  TWENTY-NINE
 PERCENT AS FOLLOWS:
   (1)  FIVE  PERCENT  OF  THE  COSTS  OF SUCH IMPROVEMENT ANNUALLY FOR A
 GREENHOUSE GAS EMISSION REDUCTION OF BETWEEN TWO TO FIVE PERCENT;
   (2) SIX AND ONE-HALF PERCENT OF THE COSTS OF SUCH IMPROVEMENT ANNUALLY
 FOR A GREENHOUSE GAS EMISSION REDUCTION OF BETWEEN FIVE TO TEN PERCENT;
   (3) SEVEN PERCENT OF THE COSTS OF  SUCH  IMPROVEMENT  ANNUALLY  FOR  A
 GREENHOUSE GAS EMISSION REDUCTION OF BETWEEN TEN TO TWELVE PERCENT;
   (4)  SEVEN AND ONE-HALF PERCENT OF THE COSTS OF SUCH IMPROVEMENT ANNU-
 ALLY FOR A GREENHOUSE  GAS  EMISSION  REDUCTION  OF  BETWEEN  TWELVE  TO
 FIFTEEN PERCENT;
   (5)  EIGHT  PERCENT  OF  THE  COSTS OF SUCH IMPROVEMENT ANNUALLY FOR A
 GREENHOUSE GAS  EMISSION  REDUCTION  OF  BETWEEN  FIFTEEN  TO  SEVENTEEN
 PERCENT;
   (6)  EIGHT AND ONE-HALF PERCENT OF THE COSTS OF SUCH IMPROVEMENT ANNU-
 ALLY FOR A GREENHOUSE GAS EMISSION REDUCTION  OF  BETWEEN  SEVENTEEN  TO
 TWENTY PERCENT;
   (7)  NINE  PERCENT  OF  THE  COSTS  OF SUCH IMPROVEMENT ANNUALLY FOR A
 GREENHOUSE GAS EMISSION  REDUCTION  OF  BETWEEN  TWENTY  TO  TWENTY-FIVE
 PERCENT;
   (8) NINE AND ONE-HALF PERCENT OF THE COSTS OF SUCH IMPROVEMENT ANNUAL-
 LY  FOR  A  GREENHOUSE  GAS EMISSION REDUCTION OF BETWEEN TWENTY-FIVE TO
 TWENTY-NINE PERCENT; AND
   (II) UP TO A TWENTY YEAR ABATEMENT SHALL APPLY FOR PROJECTS WHICH HAVE
 A GREENHOUSE GAS  EMISSION  REDUCTION  OF  THIRTY  PERCENT  OR  MORE  AS
 FOLLOWS: TEN PERCENT OF THE COSTS OF SUCH IMPROVEMENT ANNUALLY, PROVIDED
 THAT  IN ANY YEAR IN WHICH SUCH TEN PERCENT EXCEEDS THE TAX OWED, EXCESS
 AMOUNTS SHALL CARRY FORWARD UNTIL THE EARLIER OF YEARS  IS  REACHED,  OR
 ONE HUNDRED PERCENT OF THE COSTS OF SUCH IMPROVEMENT ARE EXPENDED.
   C.  THE  ABATEMENT  SHALL  BE AVAILABLE FOR CONSECUTIVE YEARS FROM THE
 DATE SUCH ABATEMENT FIRST BECOMES EFFECTIVE;
   D. THE TOTAL ABATEMENT SHALL BE THE LESSER OF TWO HUNDRED  PERCENT  OF
 THE  CERTIFIED  REASONABLE  COSTS OF ELIGIBLE IMPROVEMENTS OR THE ACTUAL
 COSTS AS DETERMINED BY THE BOARD PURSUANT TO ITS RULES AND  REGULATIONS;
 AND
   E.  NOTWITHSTANDING  THE PROVISIONS OF ANY STATE OR LOCAL LAW, RULE OR
 REGULATION TO THE CONTRARY, THE ABATEMENT SHALL  BE  AVAILABLE  NOTWITH-
 STANDING  THE RECEIPT OF ANY OTHER BENEFIT UNDER STATE, LOCAL OR FEDERAL
 LAW.
   6. DURING THE PERIOD OF TAX EXEMPTION OR ABATEMENT  PURSUANT  TO  THIS
 SECTION,  THE  OWNER  SHALL SUBMIT AN ANNUAL CERTIFICATION TO THE BOARD.
 FAILURE TO SUBMIT SUCH CERTIFICATION MAY RESULT IN REVOCATION  OF  BENE-
 FITS. SUCH CERTIFICATION SHALL INCLUDE THE FOLLOWING:
   A.  THE  ANNUAL  GREENHOUSE  GAS EMISSIONS AND USAGE OF ENERGY FOR THE
 BUILDING;
   B. A STATEMENT THAT THE PROPERTY CURRENTLY COMPLIES WITH ALL  BUILDING
 AND HOUSING CODES AND THAT NO TAX REQUIRED TO BE PAID IS IN ARREARS; AND
   C. ALL SUCH OTHER INFORMATION REQUIRED BY THE BOARD.
   7.  DURING  THE  PERIOD OF TAX EXEMPTION OR ABATEMENT PURSUANT TO THIS
 SECTION, THE EXEMPTION AND 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.
 S. 943--A                           6
 
   8. THE BENEFITS OF THIS SECTION MAY BE REVOKED OR REDUCED UPON A FIND-
 ING BY THE BOARD THAT:
   A.  THE APPLICATION FOR BENEFITS HEREUNDER OR THE ANNUAL CERTIFICATION
 REQUIRED 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; OR
   C. THE ELIGIBLE REAL PROPERTY FAILS  TO  PROVIDE  THE  ANNUAL  CERTIF-
 ICATION REQUIRED BY THIS SECTION; AND
   D.  AFTER  RECEIVING  NOTICE  OF  SUCH  A FAILURE, THAT SUCH OWNER HAS
 FAILED TO CURE THE DEFICIENCY WITHIN NINETY DAYS.
   9. 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, 2030.