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S6971Senate2015-2016 SessionSame asA2829

Requires the secretary of state to establish standards for inspection and certification of green roofs and provides for a green roof installation credit

Sponsor Thomas F. O'MaraSD-58+2 co-sponsorsAffects Finance
Status
In Senate Committee
Finance
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Finance

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Sponsors

Primary sponsor
Thomas F. O'Mara

Senator · Senate District 58

Chair, Environmental Conservation

History

  1. Referred to finance

Companion bill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the executive law, in relation to pre-installation review and certification of green roof materials and to amend the tax law, in relation to establishing a green roof installation credit

Purpose or general idea of bill

This legislation would require the Secretary of State to establish standards for inspection and certification of green roofs and provides for a green roof installation credit.

Summary of specific provisions

Section 1. The Executive Law is amended by adding a new section 94-c to read as follows:

Read the full memo (771 words)

§ 94-c Green roof inspection and certification. 1. The secretary shall develop and implement a program to evaluate and set standards for the plant material utilized in green roof construction in the state and for environmentally acceptable chemical fertilizers used in the maintenance of green roofs. The commissioner will implement a program to inform installers and the public of prohibitions and recommendations. 2. The secretary may delegate to qualified personnel of county and city building inspectors his or her duties of review and approval of plans and issuance of certification required. 3. Defines the term "green roof."

Section 2. Section 606 of the Tax Law is amended by adding a new subsection (ccc) to read as follows: (ccc) Green roof installation credit. (1) An individual taxpayer shall be allowed a credit for taxable years beginning on or after January 1, 2017 against the tax imposed by this article for the installation of a green roof. The amount of the credit shall be 55% of qualified green roof installation expenditures, but shall not exceed the maximum credit of $5,000. (2) Qualified green roof installation expenditures. (A) Defines the term "qualified green roof installation expenditures." (B) Names what is included in qualified expenditures. (C) Qualified expenditures shall not include interest or other finance charges. (3) Defines the term "green roof pre-installation criteria." (4) Details tax specifics when a green roof is installed by a condominium management association or a cooperative housing corporation. (5) Details tax policy if a green roof is purchased and installed in a principal residence shared by two or more taxpayers, the amount of the credit allowable under this subsection shall be prorated according to the percentage of the total expenditure for such roof contributed by each taxpayer. (6) The amount of any federal, state or local grant received by the taxpayer, which was used for the purchase and/or installation of such roof and which was not included in the federal gross income of the taxpayer, shall not be included in the amount of such expenditure. (7) Credits provided shall be allowed with respect to the taxable year, commencing after January 1, 2017, in which the green roof is installed. (8) If the amount of the credit and carryovers of such credit shall exceed the taxpayer's tax for such year, the excess may be carried over to the five taxable years next following the taxable year with respect to which the credit is allowed and may be deducted from the taxpayer's tax for such year or years.

Section 3. Establishes the effective date as detailed below.

Justification

In addition to the aesthetic value of the roof garden for the resident(s) of the building where it is installed, the green roof would also serve several other functions. First, the gardens absorb the heat of the sun without heating the temperature of the building, which keeps the building cooler in the summer and requires less energy output by the resident(s). Second, as we all know, plants produce oxygen and absorb carbon dioxide. In congested urban areas, where very few trees and shrubs exist, this is a simple way to increase the amount of oxygen in urban areas. Commercial installation of roof gardens can cost $510-$524 per square foot, which is why a tax credit would add an extra incentive for building owners to install roof gardens.

Prior legislative history

A. 5166-A of 2013/2014 A. 7046 of 2011/2012 A. 7413-A and S. 2763-A of 2009/2010 Similar to: S. 4362-A of 2007/2008

Fiscal implications

The fiscal implications of this legislation are to be determined.

Effective date

This act shall take effect immediately provided that section one of this act shall take effect January 1, 2017 and that section two of this act shall apply to taxable years commencing on or after January 1, 2017; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made an completed on or before such effective date.

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