NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8009
SPONSOR: Thiele TITLE OF BILL: An act to amend the real property tax law, in relation
to certification standards for green buildings
PURPOSE:
To clarify Real Property Tax Law section 470 as added by chapter 188 of
the laws of 2012.
SUMMARY OF PROVISIONS:
Subdivision 1 of section 470 of the real property tax act is amended to
clarify that the standards of construction necessary for a green build-
ing to obtain tax exemption may be LEED, green globes rating system, the
national green building standards as approved by ANSI or any substan-
tially equivalent standards for certification.
Subdivision 2 is amended to clarify that the required certification may
be determined by an accredited professional.
JUSTIFICATION:
The original legislation creating this exemption has been the subject of
interpretation. This bill clarifies that the multiple certifications set
forth in the bill are acceptable as a basis for the exemption and an
accredited professional in any of those standards may make the determi-
nation whether the property has met the required standard.
LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS:
None to the state
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
S. 5777 A. 8009
2013-2014 Regular Sessions
SENATE - ASSEMBLY
June 14, 2013
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Local Govern-
ment
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Real Property Taxation
AN ACT to amend the real property tax law, in relation to certification
standards for green buildings
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1 and 2 of section 470 of the real property
2 tax law, subdivision 1 as added by chapter 188 of the laws of 2012 and
3 subdivision 2 as amended by chapter 14 of the laws of 2013, are amended
4 to read as follows:
5 1. Construction of improvements to real property initiated on or after
6 the first day of January, two thousand thirteen, meeting [LEED] certif-
7 ication standards for green buildings as provided in this section,
8 including LEED, the green building initiative's green globes rating
9 system, the national green building standards as approved by the Ameri-
10 can National Standards Institute, or substantially equivalent standards
11 for certification using a similar program for green buildings as deter-
12 mined by the municipal corporation, shall be exempt from taxation by any
13 municipal corporation in which such property is located to the extent
14 provided in this section, provided the governing board of such municipal
15 corporation, after conducting a public hearing, adopts a local law,
16 ordinance or resolution providing therefor.
17 2. Such real property, or portion thereof, which is certified under a
18 LEED, green globes rating system, national green building standards or
19 similar program using a certification standard [for] which is equivalent
20 to the categories of certified, silver, gold or platinum as meeting
21 green building standards, as determined by [a LEED] an accredited
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11481-01-3
S. 5777 2 A. 8009
1 professional shall be exempt as provided below for the respective
2 percentages provided that a municipal corporation may establish a maxi-
3 mum exemption amount in its local law, ordinance or resolution, and
4 provided further, a copy of the [LEED] certification for a qualified
5 category is filed with the assessor's office and is approved by the
6 assessor as meeting the requirements of this section and the municipal
7 corporation's local law, ordinance or resolution. Such exemption shall
8 be to the extent of any increase in assessed value resulting from the
9 construction or reconstruction of a property meeting LEED, green globes
10 rating system, national green building standards or similar program
11 certification.
12 LEED EXEMPTION
13 YEAR CERTIFIED/SILVER GOLD PLATINUM
14 1 100% 100% 100%
15 2 100% 100% 100%
16 3 100% 100% 100%
17 4 80% 100% 100%
18 5 60% 80% 100%
19 6 40% 60% 100%
20 7 20% 40% 80%
21 8 0% 20% 60%
22 9 0% 0% 40%
23 10 0% 0% 20%
24 § 2. This act shall take effect immediately.
