NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4336
SPONSOR: Gunther PURPOSE:
This amendment would allow residential buildings to be eligible for the
Green Building Tax Credit.
SUMMARY OF PROVISIONS:
Section 1 provides that residential buildings are eligible for the Green
Building Tax Credit
Section 2 provides the effective date.
EXISTING LAW:
Currently, Section 19 of the Tax Law, which contains the Green Building
Tax credit, does not extend the tax credit to residential construction.
JUSTIFICATION:
The buildings in which we live, work, and play protect us from Nature's
extremes, yet they also affect our health and environment in countless
ways. The design, construction, operation, maintenance, and removal of
buildings takes enormous amounts of energy, water, and materials, and
generates large quantities of waste, air and water pollution, as well as
creating stormwater runoff and heat islands. Buildings also develop
their own indoor environments, which present an array of health chal-
lenges. Where and how they are built affects wildlife habitat and corri-
dors and the hydrologic cycle, while influencing the overall quality of
human life.
As the environmental impact of buildings becomes more apparent, a new
field called green building is gaining momentum. Green or sustainable
building is the practice of creating healthier and more resource-effi-
cient models of construction, renovation, operation, maintenance, and
demolition. Research and experience increasingly demonstrate that when
buildings are designed and operated with their lifecycle impacts in
mind, they can provide great environmental, economic, and social bene-
fits.
Elements of green building include:
*Energy Efficiency / and Renewable Energy
*Water Stewardship
*Environmentally Preferable Building Materials and Specifications
*Waste Reduction
*Indoor Environment
*Smart Growth and Sustainable Development
Currently, New York State offers tax credits for the construction or
renovation of "green buildings", ranging from 5% to 8% of the cost of
construction or renovation with additional incentives for the use of
photovoltaics (solar panels) and fuel cells. Green buildings are
designed for passive solar heating and cooling, and require smaller
mechanical systems. The design of these buildings provide abundant
natural light, and produce and store their own renewable energy. They
use non-toxic materials, paints, and finishes, which greatly enhance
indoor air quality. Construction methods are resource efficient, and
materials are chosen to be low in embodied energy, found regionally and
contain recycled materials. Construction waste is treated as a resource
and completely recycled. Green buildings are sited and designed to blend
with neighboring buildings they use native landscapes that minimize
water use and are designed to filter and retain stormwater.
This bill expands upon the existing Green building tax credit which is
currently limited only to businesses. By allowing residential homeowners
to take advantage of the green building tax credit, this bill will
further promote Green building in the state, as well as, assist New
Yorkers to build healthier more energy efficient homes.
LEGISLATIVE HISTORY:
This is an amendment to Section 19 of the Tax Law, as added by section 2
of part II of chapter 63 of the laws of 2000. This bill expands upon the
existing Green building tax credit which is currently limited only to
businesses.
PRIOR LEGISLATIVE HISTORY:
2021-22: A5252 referred to Ways & Means/S5469 referred to Governmental
Operations
2019-2020: A3624 referred to Ways & Means / S5003 referred to Govern-
mental Operations
2017-18: A512 referred to Ways & Means/S2706 referred to Governmental
Operations
2015-16: A1849 referred to Ways & Means/S1168 referred to Governmental
Operations
2013-14: A3479 referred to Ways & Means/S1624 referred to Governmental
Operations
2011-12: A1313 referred to Ways & Means/S1043 referred to Governmental
Operations
2009-10: A.459 referred to Ways & Means/S2546 reported to Finance
FISCAL IMPLICATIONS:
Since this bill does not change the total dollar amount of available
credits, simply the eligibility requirements, there is no fiscal impact
to the state.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
4336
2023-2024 Regular Sessions
IN ASSEMBLY
February 14, 2023
___________
Introduced by M. of A. GUNTHER, PEOPLES-STOKES, COLTON, STIRPE, OTIS,
L. ROSENTHAL -- read once and referred to the Committee on Ways and
Means
AN ACT to amend the tax law, in relation to providing a green building
credit to all residential buildings
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraphs (D) and (E) of paragraph 6 of subdivision (b)
2 of section 19 of the tax law, as added by section 2 of part II of chap-
3 ter 63 of the laws of 2000, are amended to read as follows:
4 (D) any combination of buildings described in subparagraphs (A), (B)
5 and (C) of this paragraph, [and] or
6 (E) any residential building, and
7 (F) is not a building located on freshwater wetlands or tidal wetlands
8 the construction of which requires a permit under section 24-0701 or
9 25-0403, respectively, of the environmental conservation law, or on
10 wetlands such that the construction thereof requires a permit pursuant
11 to section 404 of the federal clean water act (33 U.S.C. § 1344).
12 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07999-01-3
