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Bill

A 11378

Extends certain deadlines for purposes of the green roof tax abatement for certain properties in a city of one million or more persons

2025 Regular Session

Extends and clarifies NYC green roof tax abatements, raises enhanced rates in designated districts, extends windows to 2031, with annual caps and five-year carryover.

REPORTED REFERRED TO WAYS AND MEANS
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Bill Summary · A 11378

Overview

A. 11378 (2025-2026) from New York Assembly, introduced May 15, 2026, would extend certain deadlines and modify provisions related to the green roof tax abatement program for properties in New York City (city with 1 million or more residents). The bill focuses on extending eligible abatement periods, updating dollar amounts per square foot, and adjusting aggregate annual caps. It applies to green roof projects approved under the real property tax law and previously established rules.

Main purpose and intent

  • Extend and clarify the timeframe and limits for the green roof tax abatement program in New York City.
  • Increase the enhanced (city-designated district) abatement rate in certain areas and maintain overall program caps.
  • Ensure application and utilization of abatements can occur across multiple tax years within specified deadlines.

Key provisions and changes

  • Section on base abatement (subdivision 1, paragraph (b)):

    • Base abatement rate: 10 dollars per square foot of a green roof, applicable to abatements commencing on or after July 1, 2014 and ending on or before June 30, 2031.
    • Cap: Abatement shall not exceed $200,000 per project.
    • Carryover: If the annual abatement exceeds the tax liability, the excess can be applied to future tax years, but only within five years of the tax year in which the abatement was initially taken.
  • Enhanced abatement in designated NYC community districts (paragraph (c)):

    • Enhanced rate: 15 dollars per square foot for green roofs in NYC community districts designated by a city agency (selected by the NYC mayor under subdivision five of the section).
    • Applicable period: July 1, 2019 to June 30, 2031.
    • Cap: Enhanced abatements are capped at $200,000 per project.
    • Carryover: Excess abatement can be applied to future tax years, within five years of the initial tax year.
  • Aggregate annual caps (paragraph (d)):

    • For tax year July 1, 2014 to June 30, 2015: aggregate abatements capped at $750,000.
    • For tax years after June 30, 2015: aggregate abatements capped at $4,000,000 per year.
    • No abatements under this subdivision for tax years beginning on or after July 1, 2031.
  • Application window adjustments (Section 2):

    • To obtain a tax abatement, applicants may file on or after January 1, 2009 and on or before March 15, 2030 (note: the prior law listed 2026; the bill updates to 2030, aligning with new deadlines).
  • Effective date (Section 3):

    • The act would take effect immediately upon enactment.

Who/what is affected

  • Property owners in New York City who pursue green roof installations with an approved tax abatement.
  • Projects eligible for base (10 $/sq ft) or enhanced (15 $/sq ft) abatements.
  • NYC community districts designated for enhanced abatements by a city agency.
  • Taxing jurisdictions implementing annual caps and carryover provisions as specified.
  • Applicants seeking abatements must adhere to the revised application window (Jan 1, 2009 – Mar 15, 2030).

Procedural and timeline considerations

  • Abatement eligibility windows extend through 2031 for base and enhanced rates.
  • Aggregate annual cap remains at $4 million per year (post-2015), with a prior-year smaller cap of $750,000 for the 2014–2015 tax year.
  • Carryover mechanics allow any excess abatement to be applied to future tax years for up to five years.
  • Enhanced abatements apply only in designated NYC community districts and require action by a city-designated agency chosen by the NYC mayor.
  • The bill would take effect immediately if enacted.

Potential impact and considerations

  • Could encourage broader adoption of green roofs by clarifying and extending abatement availability and carryover.
  • Provides potentially larger incentives in designated NYC districts, promoting targeted environmental or urban-heat mitigation goals.
  • Fiscal impact depends on the number of qualifying projects and the distribution of abatements within annual caps.
  • Businesses and property owners planning green roof projects should consider the extended windows and annual cap constraints when budgeting.

Compiled from official sources — confirm details with the bill’s official record.

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