A. 806 2
3. "ARCHITECT" SHALL MEAN A PERSON LICENSED AND REGISTERED TO PRACTICE
THE PROFESSION OF ARCHITECTURE UNDER THE EDUCATION LAW.
4. "COMPLIANCE PERIOD" SHALL MEAN THE TAX YEAR IN WHICH A TAX ABATE-
MENT COMMENCES AND THE THREE TAX YEARS IMMEDIATELY THEREAFTER.
5. "DEPARTMENT OF FINANCE" SHALL MEAN THE DEPARTMENT OF FINANCE OF A
CITY HAVING A POPULATION OF ONE MILLION OR MORE PERSONS.
6. "DESIGNATED AGENCY" SHALL MEAN ONE OR MORE AGENCIES OR DEPARTMENTS
OF A CITY HAVING A POPULATION OF ONE MILLION OR MORE PERSONS THAT ARE
DESIGNATED BY THE MAYOR OF SUCH CITY TO EXERCISE THE FUNCTIONS, POWERS
AND DUTIES OF A DESIGNATED AGENCY PURSUANT TO THIS TITLE.
7. "ELIGIBLE BUILDING" SHALL MEAN A CLASS ONE OR CLASS TWO PROPERTY AS
DEFINED IN SUBDIVISION ONE OF SECTION EIGHTEEN HUNDRED TWO OF THIS CHAP-
TER, LOCATED WITHIN A CITY HAVING A POPULATION OF ONE MILLION OR MORE
PERSONS. NO BUILDING SHALL BE ELIGIBLE FOR MORE THAN ONE TAX ABATEMENT
PURSUANT TO THIS TITLE PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY-SIX.
8. "ELIGIBLE GREEN INFRASTRUCTURE EXPENDITURES" SHALL MEAN REASONABLE
EXPENDITURES FOR MATERIALS, LABOR COSTS PROPERLY ALLOCABLE TO ON-SITE
PREPARATION, ASSEMBLY AND ORIGINAL INSTALLATION, ARCHITECTURAL AND ENGI-
NEERING SERVICES, AND DESIGNS AND PLANS DIRECTLY RELATED TO THE
CONSTRUCTION OR INSTALLATION OF A GREEN INFRASTRUCTURE PROJECT INSTALLED
IN CONNECTION WITH AN ELIGIBLE BUILDING. SUCH ELIGIBLE EXPENDITURES
SHALL NOT INCLUDE INTEREST OR OTHER FINANCE CHARGES, OR ANY EXPENDITURES
INCURRED USING A FEDERAL, STATE OR LOCAL GRANT.
9. "ENGINEER" SHALL MEAN A PERSON LICENSED AND REGISTERED TO PRACTICE
THE PROFESSION OF ENGINEERING UNDER THE EDUCATION LAW.
10. "GREEN INFRASTRUCTURE PROJECT" SHALL MEAN ANY PROJECT THAT USES
PLANT OR SOIL SYSTEMS, PERMEABLE PAVEMENT OR OTHER PERMEABLE SURFACES OR
SUBSTRATES, STORMWATER HARVEST AND REUSE, OR LANDSCAPING TO STORE,
INFILTRATE, OR EVAPOTRANSPIRATE STORMWATER AND REDUCE FLOWS TO SEWER
SYSTEMS OR TO SURFACE WATERS. GREEN INFRASTRUCTURE SHALL INCLUDE, BUT
SHALL NOT BE LIMITED TO, RAIN GARDENS, PLANTER BOXES, AND PERMEABLE
PAVEMENTS. AS USED IN THIS SUBDIVISION:
(A) "RAIN GARDEN" SHALL MEAN A SHALLOW VEGETATED BASIN THAT COLLECTS
AND ABSORBS STORMWATER RUNOFF.
(B) "PLANTER BOX" SHALL MEAN SMALL RAIN GARDENS WITH VERTICAL WALLS.
(C) "PERMEABLE PAVEMENT" SHALL MEAN HARD SURFACES THAT PERMIT WATER TO
SEEP INTO THE GROUND WHERE IT FALLS.
§ 499-BBBBBB. REAL PROPERTY TAX ABATEMENT. AN ELIGIBLE BUILDING SHALL
RECEIVE AN ABATEMENT OF REAL PROPERTY TAXES AS PROVIDED IN THIS TITLE
AND THE RULES PROMULGATED HEREUNDER. 1. IF THE GREEN INFRASTRUCTURE
PROJECT IS COMPLETED AND OPERATIONAL ON OR AFTER THE EFFECTIVE DATE OF
THIS TITLE, FOR EACH YEAR OF THE COMPLIANCE PERIOD SUCH TAX ABATEMENT
SHALL BE THE LESSER OF (I) SEVEN AND ONE-HALF PERCENT OF ELIGIBLE GREEN
INFRASTRUCTURE EXPENDITURES; (II) THE AMOUNT OF TAXES PAYABLE IN SUCH
TAX YEAR; OR (III) TWENTY THOUSAND DOLLARS.
2. SUCH TAX ABATEMENT SHALL COMMENCE ON JULY FIRST FOLLOWING THE
APPROVAL OF AN APPLICATION FOR TAX ABATEMENT BY A DESIGNATED AGENCY, AND
SHALL NOT BE CARRIED OVER TO ANY SUBSEQUENT TAX YEAR.
3. WITH RESPECT TO ANY ELIGIBLE BUILDING HELD IN THE CONDOMINIUM FORM
OF OWNERSHIP THAT RECEIVES A TAX ABATEMENT PURSUANT TO THIS TITLE, SUCH
TAX ABATEMENT BENEFITS SHALL BE APPORTIONED AMONG ALL OF THE CONDOMINIUM
TAX LOTS WITHIN SUCH ELIGIBLE BUILDING.
4. IF, AS A RESULT OF APPLICATION TO THE TAX COMMISSION OR A COURT
ORDER OR ACTION BY THE DEPARTMENT OF FINANCE, THE BILLABLE ASSESSED
VALUE FOR ANY FISCAL YEAR IN WHICH THE TAX ABATEMENT IS TAKEN IS REDUCED
AFTER THE ASSESSMENT ROLL BECOMES FINAL, THE DEPARTMENT OF FINANCE SHALL
A. 806 3
RECALCULATE THE ABATEMENT SO THAT THE ABATEMENT GRANTED SHALL NOT EXCEED
THE ANNUAL TAX LIABILITY AS SO REDUCED. THE AMOUNT EQUAL TO THE DIFFER-
ENCE BETWEEN THE ABATEMENT ORIGINALLY GRANTED AND THE ABATEMENT AS SO
RECALCULATED SHALL BE DEDUCTED FROM ANY REFUND OTHERWISE PAYABLE OR
REMISSION OTHERWISE DUE AS A RESULT OF SUCH REDUCTION IN BILLABLE
ASSESSED VALUE.
§ 499-CCCCCC. APPLICATION FOR TAX ABATEMENT. 1. TO OBTAIN A TAX ABATE-
MENT PURSUANT TO THIS TITLE, AN APPLICANT SHALL FILE AN APPLICATION FOR
TAX ABATEMENT, WHICH MAY BE FILED ON OR AFTER JANUARY FIRST, TWO THOU-
SAND TWENTY-SIX.
2. SUCH APPLICATION SHALL BE FILED WITH A DESIGNATED AGENCY NO LATER
THAN THE MARCH FIFTEENTH BEFORE THE FIRST TAX YEAR, BEGINNING JULY
FIRST, FOR WHICH THE TAX ABATEMENT IS SOUGHT.
3. (A) SUCH APPLICATION SHALL CONTAIN THE FOLLOWING:
(I) THE NAME AND ADDRESS OF THE APPLICANT AND THE LOCATION OF THE
GREEN INFRASTRUCTURE PROJECT;
(II) PROOF THAT THE APPLICANT RECEIVED ALL REQUIRED CERTIFICATIONS,
PERMITS AND OTHER APPROVALS TO CONSTRUCT THE GREEN INFRASTRUCTURE
PROJECT;
(III) CERTIFICATIONS IN A FORM PRESCRIBED BY A DESIGNATED AGENCY, FROM
AN ARCHITECT, ENGINEER OR OTHER CERTIFIED OR LICENSED PROFESSIONAL WHOM
A DESIGNATED AGENCY DESIGNATES BY RULE, THAT (1) A GREEN INFRASTRUCTURE
PROJECT HAS BEEN PLACED IN SERVICE IN CONNECTION WITH AN ELIGIBLE BUILD-
ING IN ACCORDANCE WITH THIS TITLE, THE RULES PROMULGATED HEREUNDER, AND
LOCAL CONSTRUCTION AND FIRE CODES, AND (2) IF THE GREEN INFRASTRUCTURE
PROJECT HAS BEEN PLACED ON THE ROOF OF A BUILDING OR OTHER STRUCTURE,
THAT A STRUCTURAL ANALYSIS HAS BEEN PERFORMED ESTABLISHING THAT SUCH
BUILDING OR STRUCTURE CAN SUSTAIN THE LOAD OF SUCH PROJECT;
(IV) AN AGREEMENT TO PERMIT A DESIGNATED AGENCY OR ITS DESIGNEE TO
INSPECT THE GREEN INFRASTRUCTURE PROJECT UPON REASONABLE NOTICE; AND
(V) ANY OTHER INFORMATION OR CERTIFICATIONS REQUIRED BY A DESIGNATED
AGENCY PURSUANT TO THIS TITLE AND THE RULES PROMULGATED HEREUNDER.
(B) ALL CERTIFICATIONS REQUIRED BY THIS TITLE OR THE RULES PROMULGATED
HEREUNDER SHALL SET FORTH THE SPECIFIC FINDINGS UPON WHICH THE CERTIF-
ICATION IS BASED, AND SHALL INCLUDE INFORMATION SUFFICIENT TO IDENTIFY
THE ELIGIBLE BUILDING, THE CERTIFYING ENGINEER, ARCHITECT OR OTHER
PROFESSIONAL, AND SUCH OTHER INFORMATION AS MAY BE PRESCRIBED BY A
DESIGNATED AGENCY.
4. AN APPLICATION FOR TAX ABATEMENT SHALL BE IN ANY FORMAT PRESCRIBED
BY A DESIGNATED AGENCY, INCLUDING ELECTRONIC FORM.
5. AN APPLICATION FOR TAX ABATEMENT SHALL BE APPROVED BY A DESIGNATED
AGENCY UPON DETERMINING THAT THE APPLICANT HAS SUBMITTED PROOF ACCEPTA-
BLE TO SUCH AGENCY THAT THE REQUIREMENTS FOR OBTAINING A TAX ABATEMENT
PURSUANT TO THIS TITLE AND THE RULES PROMULGATED HEREUNDER HAVE BEEN
MET. THE BURDEN OF PROOF SHALL BE ON THE APPLICANT TO SHOW BY CLEAR AND
CONVINCING EVIDENCE THAT THE REQUIREMENTS FOR GRANTING A TAX ABATEMENT
HAVE BEEN SATISFIED.
6. UPON NOTIFICATION FROM A DESIGNATED AGENCY THAT AN APPLICATION FOR
TAX ABATEMENT HAS BEEN APPROVED, THE DEPARTMENT OF FINANCE SHALL APPLY
THE TAX ABATEMENT, PROVIDED THERE ARE NO OUTSTANDING REAL ESTATE TAXES,
WATER AND SEWER CHARGES, PAYMENTS IN LIEU OF TAXES OR OTHER MUNICIPAL
CHARGES WITH RESPECT TO THE ELIGIBLE BUILDING.
§ 499-DDDDDD. CONTINUING REQUIREMENTS. THE TAX ABATEMENT SHALL BE
CONDITIONED UPON:
1. CONTINUING COMPLIANCE DURING THE COMPLIANCE PERIOD WITH ALL APPLI-
CABLE PROVISIONS OF LAW, INCLUDING WITHOUT LIMITATION THE LOCAL
A. 806 4
CONSTRUCTION AND FIRE CODES, MAINTAINING THE GREEN INFRASTRUCTURE
PROJECT IN SUCH A MANNER THAT IT CONTINUOUSLY CONSTITUTES SUCH PROJECT
WITHIN THE MEANING OF THIS TITLE AND THE RULES PROMULGATED HEREUNDER,
AND PERMITTING A DESIGNATED AGENCY OR ITS DESIGNEE TO INSPECT THE
PROJECT AND ANY RELATED STRUCTURES AND PROJECT UPON REASONABLE NOTICE;
AND
2. REAL ESTATE TAXES, WATER AND SEWER CHARGES, PAYMENTS IN LIEU OF
TAXES OR OTHER MUNICIPAL CHARGES WITH RESPECT TO AN ELIGIBLE BUILDING
NOT HAVING BEEN DUE AND OWING DURING THE COMPLIANCE PERIOD FOR A PERIOD
OF SIX MONTHS OR MORE.
§ 499-EEEEEE. REVOCATION OF TAX ABATEMENT. 1. THE DEPARTMENT OF
FINANCE SHALL REVOKE, IN WHOLE OR IN PART, ANY TAX ABATEMENT GRANTED
PURSUANT TO THIS TITLE WHENEVER A DESIGNATED AGENCY HAS DETERMINED AND
NOTIFIED THE DEPARTMENT OF FINANCE THAT:
(A) AN APPLICANT HAS FAILED TO COMPLY WITH A REQUIREMENT OF THIS TITLE
OR ANY RULE PROMULGATED HEREUNDER AT ANY TIME DURING THE COMPLIANCE
PERIOD, INCLUDING WITHOUT LIMITATION ANY OF THE CONTINUING REQUIREMENTS
SET FORTH IN SUBDIVISION ONE OF SECTION FOUR HUNDRED NINETY-NINE-DDDDDD
OF THIS TITLE;
(B) AN ELIGIBLE BUILDING HAS NOT BEEN IN COMPLIANCE AT ANY TIME DURING
THE COMPLIANCE PERIOD WITH A REQUIREMENT OF THIS TITLE OR ANY RULE
PROMULGATED HEREUNDER;
(C) THE GREEN INFRASTRUCTURE PROJECT FOR WHICH A TAX ABATEMENT WAS
GRANTED HAS AT ANY TIME DURING THE COMPLIANCE PERIOD FAILED TO MEET ANY
REQUIREMENT FOR SUCH PROJECT PURSUANT TO THIS TITLE OR ANY RULE PROMUL-
GATED HEREUNDER;
(D) THE GREEN INFRASTRUCTURE PROJECT HAS BECOME A FIRE OR SAFETY
HAZARD AT ANY TIME DURING THE COMPLIANCE PERIOD; OR
(E) AN APPLICATION, CERTIFICATION, REPORT OR OTHER DOCUMENT SUBMITTED
BY THE APPLICANT CONTAINS A FALSE OR MISLEADING STATEMENT AS TO A MATE-
RIAL FACT OR OMITS TO STATE ANY MATERIAL FACT NECESSARY IN ORDER TO MAKE
THE STATEMENT THEREIN NOT FALSE OR MISLEADING.
2. THE DEPARTMENT OF FINANCE MAY REVOKE, IN WHOLE OR IN PART, ANY TAX
ABATEMENT GRANTED PURSUANT TO THIS TITLE WHENEVER IT HAS DETERMINED THAT
AN APPLICANT HAS FAILED TO COMPLY WITH THE CONTINUING REQUIREMENT SET
FORTH IN SUBDIVISION TWO OF SECTION FOUR HUNDRED NINETY-NINE-DDDDDD OF
THIS TITLE.
3. WHERE IT HAS BEEN DETERMINED BY A DESIGNATED AGENCY, AFTER NOTICE
AND AN OPPORTUNITY TO BE HEARD, THAT ANY OF THE PROVISIONS OF SUBDIVI-
SION ONE OF THIS SECTION HAVE NOT BEEN COMPLIED WITH, SUCH DESIGNATED
AGENCY SHALL SO NOTIFY THE DEPARTMENT OF FINANCE NO LATER THAN THE NINE-
TIETH DAY AFTER THE LAST DAY OF THE COMPLIANCE PERIOD.
4. AN APPLICANT SHALL PAY, WITH INTEREST, SUCH PART OF ANY TAX ABATE-
MENT RECEIVED PURSUANT TO THIS TITLE THAT REPRESENTS THE PERIOD OF NON-
COMPLIANCE AS DETERMINED BY THE DESIGNATED AGENCY OR THE DEPARTMENT OF
FINANCE, AS THE CASE MAY BE. IN ADDITION, A DESIGNATED AGENCY MAY
DECLARE ANY APPLICANT INELIGIBLE FOR FUTURE TAX ABATEMENT PURSUANT TO
THIS TITLE IF ANY APPLICATION, CERTIFICATION, REPORT OR OTHER DOCUMENT
SUBMITTED BY THE APPLICANT CONTAINS A FALSE OR MISLEADING STATEMENT AS
TO A MATERIAL FACT OR OMITS TO STATE ANY MATERIAL FACT NECESSARY IN
ORDER TO MAKE THE STATEMENT THEREIN NOT FALSE OR MISLEADING.
§ 499-FFFFFF. ENFORCEMENT AND ADMINISTRATION. 1. THE DEPARTMENT OF
FINANCE SHALL HAVE, IN ADDITION TO ANY OTHER FUNCTIONS, POWERS AND
DUTIES THAT HAVE BEEN OR MAY BE CONFERRED ON IT BY LAW, THE FOLLOWING
FUNCTIONS, POWERS AND DUTIES TO BE EXERCISED IN ACCORDANCE WITH THIS
TITLE:
A. 806 5
(A) TO APPLY A TAX ABATEMENT;
(B) TO REVOKE ALL OR PART OF ANY SUCH TAX ABATEMENT;
(C) TO MAKE AND PROMULGATE RULES TO CARRY OUT THE PURPOSES OF THIS
TITLE; AND
(D) ANY OTHER FUNCTION, POWER OR DUTY NECESSARILY IMPLIED BY THIS
TITLE.
2. A DESIGNATED AGENCY SHALL HAVE, IN ADDITION TO ANY OTHER FUNCTIONS,
POWERS AND DUTIES THAT HAVE BEEN OR MAY BE CONFERRED ON IT BY LAW, THE
FOLLOWING FUNCTIONS, POWERS AND DUTIES TO BE EXERCISED IN ACCORDANCE
WITH THIS TITLE:
(A) TO RECEIVE, REVIEW, APPROVE AND DENY APPLICATIONS FOR TAX ABATE-
MENT;
(B) TO INSPECT GREEN INFRASTRUCTURE PROJECTS;
(C) TO ESTABLISH PERMIT OR CERTIFICATION REQUIREMENTS TO DETERMINE
WHEN THE GREEN INFRASTRUCTURE PROJECT HAS BEEN PLACED IN SERVICE, SUCH
AS CERTIFICATION BY AN ARCHITECT, ENGINEER OR OTHER CERTIFIED OR
LICENSED PROFESSIONAL WHOM A DESIGNATED AGENCY DESIGNATES BY RULE;
(D) TO ESTABLISH GUIDANCE AND PROCEDURES FOR DETERMINING OR CERTIFYING
ELIGIBLE GREEN INFRASTRUCTURE PROJECT EXPENDITURES;
(E) TO PRESCRIBE FORMS AND MAKE AND PROMULGATE RULES TO CARRY OUT THE
PURPOSES OF THIS TITLE;
(F) TO MAKE THE DETERMINATIONS PROVIDED FOR IN SECTIONS FOUR HUNDRED
NINETY-NINE-CCCCCC AND FOUR HUNDRED NINETY-NINE-EEEEEE OF THIS TITLE AND
TO NOTIFY THE DEPARTMENT OF FINANCE OF SUCH DETERMINATIONS; AND
(G) ANY OTHER FUNCTION, POWER OR DUTY NECESSARILY IMPLIED BY THIS
TITLE.
3. IF A DESIGNATED AGENCY DETERMINES THAT AN ARCHITECT OR ENGINEER OR
OTHER CERTIFIED OR LICENSED PROFESSIONAL WHOM A DESIGNATED AGENCY DESIG-
NATES BY RULE, IN MAKING ANY CERTIFICATION UNDER THIS TITLE OR ANY RULE
PROMULGATED HEREUNDER, ENGAGED IN PROFESSIONAL MISCONDUCT, THEN SUCH
DEPARTMENT SHALL SO INFORM THE EDUCATION DEPARTMENT OR OTHER APPROPRIATE
CERTIFYING OR LICENSING AUTHORITY.
4. A DESIGNATED AGENCY MAY PROVIDE FOR REASONABLE ADMINISTRATIVE
CHARGES OR FEES NECESSARY TO DEFRAY EXPENSES OF ADMINISTERING THE TAX
ABATEMENT PROGRAM ESTABLISHED BY THIS TITLE.
5. A DESIGNATED AGENCY AND THE DEPARTMENT OF FINANCE SHALL ESTABLISH
PROCEDURES THAT ARE NECESSARY OR APPROPRIATE FOR (A) THE TIMELY NOTIFI-
CATION TO THE DEPARTMENT OF FINANCE BY A DESIGNATED AGENCY OF AN
APPROVAL OF AN APPLICATION FOR TAX ABATEMENT OR OF ANY NONCOMPLIANCE
PURSUANT TO SECTION FOUR HUNDRED NINETY-NINE-EEEEEE OF THIS TITLE AND
(B) ANY OTHER INTERAGENCY COORDINATION TO FACILITATE THE PURPOSES OF
THIS TITLE.
§ 499-GGGGGG. TAX LIEN AND INTEREST. ALL TAXES, WITH INTEREST,
REQUIRED TO BE PAID RETROACTIVELY PURSUANT TO THIS TITLE SHALL CONSTI-
TUTE A TAX LIEN AS OF THE DATE IT IS DETERMINED SUCH TAXES AND INTEREST
ARE OWED. ALL INTEREST SHALL BE CALCULATED FROM THE DATE THE TAXES WOULD
HAVE BEEN DUE BUT FOR THE TAX ABATEMENT GRANTED PURSUANT TO THIS TITLE
AT THE APPLICABLE RATE OR RATES OF INTEREST IMPOSED GENERALLY FOR NON-
PAYMENT OF REAL PROPERTY TAX WITH RESPECT TO THE ELIGIBLE BUILDING FOR
THE PERIOD IN QUESTION.
§ 2. This act shall take effect immediately.