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A07312 Summary:

BILL NOA07312
 
SAME ASNo Same As
 
SPONSORArdila
 
COSPNSR
 
MLTSPNSR
 
Add 431, RPT L
 
Establishes a green development neighborhood tax exemption.
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A07312 Actions:

BILL NOA07312
 
05/17/2023referred to real property taxation
01/03/2024referred to real property taxation
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A07312 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7312
 
SPONSOR: Ardila
  TITLE OF BILL: An act to amend the real property tax law, in relation to establishing a green development neighborhood tax exemption   PURPOSE: This legislation would allow a tax exemption for real property tax exemption of thirty five percent for a period of no longer than twenty years if authorized by the local municipality.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 creates the Green development home tax exemption which would be a thirty five percent exemption for a period of no longer than twenty years. This section provides that such an incentive shall be at local option. This section further provides that such homes shall be 1,2,3 story homes are designated a green development or are LEED-ND certified. Further this section specifies what national standards must be met in order to be eligible to qualify for the benefit. Section 2 provides the effective date.   JUSTIFICATION: In order to facilitate growth in the green home market an incentive is needed as these homes typically cost more than the average new home. In order to qualify for this incentive a new home will have to meet specif- ic National Association of Home Builders (NAHB) or Leadership in Energy and Environmental Design (LEER). Specific of these standards that these homes will have to meet include but are not limited: protection of high value vegetation, improved soil, low or no VOC finishes, rain barrels at downspouts, recycled content building materials must be used as 2 major components, built in recycling collection space, renewable energy sourc- es per house, energy star rating of 3.0 or, higher, low flow showers and toilets, green certified products must be used. These are a few exam- ples.   PRIOR LEGISLATIVE HISTORY: 2019-2020: A.49 - Referred to Real Property Taxation 2017-2018: A.931 - Referred to Real Property Taxation 2015-2016: A.2097- Referred to Real Property Taxation 2013-2014: A.7297- Referred to Real Property Taxation   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule orregulation necessary for the implementation of this act on its effective date is authorized to be made on or before such date.
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A07312 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7312
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 17, 2023
                                       ___________
 
        Introduced by M. of A. ARDILA -- 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 neighborhood tax exemption
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The real property tax  law  is  amended  by  adding  a  new
     2  section 431 to read as follows:
     3    §  431.  Green  development neighborhood tax exemption.  1. As used in
     4  this section, the following terms shall have the following meanings:
     5    (a) "Municipal corporation" means any town, city  or  village,  except
     6  for a city having more than one million inhabitants.
     7    (b)  "Applicant" means any person obligated to pay real property taxes
     8  on the property for which an exemption from real  property  taxes  under
     9  this section is sought.
    10    (c)  "Certified  silver" shall mean (i) NGBS silver level certified by
    11  Home Innovation Research Labs  at  a  performance  level  of  silver  or
    12  better, or (ii) LEED for new construction certified silver or better.
    13    (d)   "Green  development  neighborhood"  shall  mean  a  subdivision,
    14  consisting of new one, two or three family residences that is (a) either
    15  a NGBS green certified land development or LEED-ND  certified,  and  (b)
    16  subject  to  deed  restrictions or other covenants running with the land
    17  which require all residences within the subdivision to be constructed so
    18  as to be certified silver or better.
    19    (e) "NGBS green certified land  development"  shall  mean  a  national
    20  green building standard green subdivision with a certification issued by
    21  Home Innovation Research Labs.
    22    (f) "LEED" shall mean the United States green building council leader-
    23  ship in energy and environmental design rating system.
    24    (g)  "Residence"  shall  mean  a  one, two or three family residential
    25  structure.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07491-01-3

        A. 7312                             2
 
     1    (h) "LEED-ND" shall mean LEED for neighborhood development.
     2    (i) "NGBS" shall mean the national green building standard as approved
     3  by the American National Standards Institute.
     4    (j)  "Person"  means  an  individual,  corporation,  limited liability
     5  company, partnership, association, agency,  trust,  estate,  foreign  or
     6  domestic government or subdivision thereof, or other entity.
     7    2. (a) The local legislative body of any municipal corporation may, by
     8  local  law,  provide for the exemption of real property from taxation as
     9  provided in this section, provided the governing board of such municipal
    10  corporation, after conducting a public  hearing,  adopts  a  local  law,
    11  ordinance or resolution providing therefor.  Upon the adoption of such a
    12  local  law,  the  county  in which such municipal corporation is located
    13  may, by local law, and any school district, all  or  part  of  which  is
    14  located  in  such municipal corporation, may, by resolution, exempt such
    15  property from its taxation in the same manner and to the same extent  as
    16  such  municipal  corporation.    Upon  the adoption of such a local law,
    17  residential and common area real property  within  a  green  development
    18  neighborhood  meeting the requirements of paragraph (b) of this subdivi-
    19  sion shall have a maximum exemption from taxation and special ad valorem
    20  levies to the extent of any increase in assessed  value  resulting  from
    21  the  construction  of  a green development neighborhood.  Such local law
    22  shall provide for the percentage of such exemption  and  the  period  of
    23  time  during which such exemption shall continue, but in no event longer
    24  than ten years for each parcel which applies for such exemption.
    25    (b) Upon obtaining a LEED-ND certification  or  NGBS  green  certified
    26  land  development  certification,  a  developer  shall file with the tax
    27  assessor of the assessing unit a copy  of  such  certification  together
    28  with  a  map of the subdivision and evidence that all of the residential
    29  parcels within the subdivision  are  subject  to  deed  restrictions  or
    30  covenants   running  with  the  land  which  require  residences  to  be
    31  constructed so as to be certified silver or better. Individual  residen-
    32  tial parcels within the subdivision shall be entitled to a tax exemption
    33  as  provided  in  the local law or resolution upon submission to the tax
    34  assessor of documentation that the construction is certified  silver  or
    35  better.   Common area and vacant parcels within the subdivision shall be
    36  exempt as provided in the local law or resolution upon submission of the
    37  certification and map to the assessor by the developer.
    38    (c) An exemption under this section shall be granted only upon  appli-
    39  cation  by  the  owner of such real property on a form prescribed by the
    40  commissioner. Such application shall be filed with the assessor  of  the
    41  municipal  corporation or county having the power to assess property for
    42  taxation on or before the appropriate taxable status date of such munic-
    43  ipal corporation or county.
    44    (d) If the assessor is satisfied that the applicant is entitled to  an
    45  exemption pursuant to this section, he or she shall approve the applica-
    46  tion and such real property shall thereafter be exempt from taxation and
    47  special  ad  valorem  levies as provided in this section commencing with
    48  the assessment roll prepared after the taxable status date following the
    49  submission of an application to the assessor. The assessed value of  any
    50  exemption  granted  pursuant  to  this  section  shall be entered by the
    51  assessor on the assessment roll with  the  taxable  property,  with  the
    52  amount of the exemption shown in a separate column.
    53    (e)  No  such  exemption shall be granted unless construction of resi-
    54  dences within a green development neighborhood was commenced  subsequent
    55  to the date on which the municipal corporation's local law took effect.

        A. 7312                             3
 
     1    § 2. This act shall take effect on the one hundred twentieth day after
     2  it  shall have become a law. Effective immediately, the addition, amend-
     3  ment and/or repeal of any rule or regulation necessary for the implemen-
     4  tation of this act on its effective date are authorized to be made on or
     5  before such date.
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