Paul L. Caron

Thursday, November 5, 2009

Jones: Tax Abatements for Green Roofs

Keith J. Jones (General Counsel, National Association of Clean Water Agencies, Washington, D.C.) has published Being Green Doesn't Need to be Taxing: How New York State Law is a Vanguard for Using Green Infrastructure, 29 Pace L. Rev. 499 (2009).  Here is the Introduction:

On June 23, 2008, New York State once again became a legislative and environmental leader. On that day, the New York State Legislature passed a bill that would create a substantial tax abatement for the installation of green roofs in New York City. Subsequently, in August 2008, Governor David Paterson signed the bill into law.2 By doing so, New York became the first state in the nation to enact a major tax incentive program to promote the use of a specific form of green infrastructure. 3 It is hoped that this is just the first serious step down a new greener path. Ideally, other state and local jurisdictions will once again follow New York’s lead. New York City has long been known as a trend setter in everything from fashion to immigration, 4 but people sometimes overlook New York State’s role in establishing legal and legislative precedents. With this new law, New York moves to the forefront of governments working to advance sustainability and prudent environmental stewardship by way of decisive economic policy and actual tax law.

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