BILL NUMBER: S4104
SPONSOR: PARKER
 
TITLE OF BILL:
An act to amend the tax law, in relation to providing a green building
credit to all residential buildings
 
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:
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.
 
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 storm water 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 life cycle impact 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 build-
ings", ranging from 5% to 0% of the cost of construction or renovation,
with additional incentives for the use of photovoltaic installations
(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 provides abundant natural light, and produces
and stores 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 materi-
als. Construction waste is treated as a resource and completely recy-
cled. 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 storm water.
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
promote the construction of Green buildings in the State and assist New
Yorkers to build healthier and more energy efficient homes.
 
LEGISLATIVE HISTORY:
2023-24: S6853- Referred to Investigations and Government Operations
2021-22: 5.5469- Referred to Investigations and Government Operations
2019-20: S.5003- Referred to Investigations and Government Operations
2017-18: S.2706- REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
2015-16: S.1168- Referred to Investigations and Government Operations
2013-14: S.1624- Referred to Investigations and Government Operations
2011-12: S.1043/A.1313 - Referred to Investigations & Government Oper-
ations
2009-10: S.2546- Referred to Investigations& Government Operations
2007-08: S2000- Referred to Investigations& Government Operations
 
FISCAL IMPLICATIONS:
It is expected that the cost of this credit will be $25 million, the
same amount as the existing Green building credit contained in section
19 of the tax law for commercial buildings.
 
EFFECTIVE DATE:
This act shall take effect immediately.