S 5109: Establishes the shovel-ready housing program under which certain municipalities, at their option, may pre-authorize parcels of property for the construction of housing; establishes a shovel-ready community tax rebate for taxpayers residing in municipalities that opt-in to the shovel-ready housing program; provides for annual apportionment to municipalities that have certified participation in the shovel-ready housing program.

  
  STATE OF NEW YORK ________________________________________________________________________ 5109 2025-2026 Regular Sessions  IN SENATE February 19, 2025 ___________ Introduced by Sens. ASHBY, BORRELLO, GRIFFO, MARTINS, MURRAY, OBERACKER, RHOADS, ROLISON, TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development AN ACT to amend the public housing law, the tax law and the state finance law, in relation to establishing the shovel-ready housing program The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public housing law is amended by adding a new section 2 150-a to read as follows: 3 § 150-a. Shovel-ready housing program. 1. No later than one year after 4 the effective date of this section, and after consultation with munici- 5 pal governments throughout the state, the division of housing and commu- 6 nity renewal shall establish a "shovel-ready housing program" under 7 which municipalities, excluding cities with a population of over one 8 million, and planning commissions of such municipalities, if any, at 9 their option, may pre-authorize parcels of property for the construction 10 of housing. 11 2. The commissioner shall promulgate rules, regulations, and reporting 12 requirements to establish the program pursuant to subdivision one of 13 this section. Factors considered shall include, but not be limited to, 14 environmental review, permitting, and local zoning. Nothing under such 15 program shall supersede local laws. The division of housing and communi- 16 ty renewal shall annually publish on its website a list of munici- 17 palities that have opted in to participate in such program. 18 3. In order for the division of housing and community renewal to 19 certify a municipality's participation in the program under subdivision 20 one of this section, such municipality shall pre-authorize parcels 21 sufficient to increase the number of housing units in such municipality EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01980-01-5 
 S. 5109 2 1 by at least one per centum or a minimum of ten units, whichever is 2 greater. 3 § 2. Section 606 of the tax law is amended by adding a new subsection 4 (n-3) to read as follows: 5 (n-3) Shovel-ready community tax rebate credit. (1) An individual 6 taxpayer who meets the eligibility standards in paragraph two of this 7 subsection shall be allowed a credit against the taxes imposed by this 8 article in the amount specified in paragraph three of this subsection 9 for the tax year following the year in the municipality in which such 10 individual resides being certified as participating in the shovel-ready 11 housing program established under section one hundred fifty-a of the 12 public housing law. 13 (2) To be eligible for the credit, the taxpayer (or taxpayers filing 14 joint returns) (i) shall own and primarily reside in real property 15 receiving either the STAR exemption authorized by section four hundred 16 twenty-five of the real property tax law or the school tax relief credit 17 authorized by subsection (eee) of this section, (ii) shall have had 18 qualified gross income no greater than two hundred fifty thousand 19 dollars in the tax year two thousand twenty-one, and (iii) reside in a 20 municipality that has certified participation in the shovel-ready hous- 21 ing program established under section one hundred fifty-a of the public 22 housing law. 23 (3) (i) For a taxpayer who owned and primarily resided in real proper- 24 ty receiving the basic STAR exemption or who received the basic STAR 25 credit, the amount of the credit shall equal the STAR tax savings asso- 26 ciated with such basic STAR exemption in the two thousand twenty-four-- 27 two thousand twenty-five school year, multiplied by the following 28 percentage: 29 For a taxpayer whose primary residence is located outside the city of 30 New York: 31 Qualified Gross  Income Percentage 32 Not over $75,000 163% 33 Over $75,000 but not over $150,000 115% 34 Over $150,000 but not over $200,000 66% 35 Over $200,000 but not over $250,000 18% 36 Over $250,000 No credit 37 (ii) For a taxpayer who owned and primarily resided in real property 38 receiving the enhanced STAR exemption or who received the enhanced STAR 39 credit, the amount of the credit shall equal the STAR tax savings asso- 40 ciated with such enhanced STAR exemption in the two thousand twenty- 41 four--two thousand twenty-five school year, multiplied by sixty-six 42 percent if the taxpayer's primary residence is located outside the city 43 of New York, or one hundred ten percent if the taxpayer's primary resi- 44 dence is located within the city of New York. 45 (iii) In no case shall the amount of the credit allowed under this 46 subsection exceed the school district taxes due with respect to the 47 residence for that school year, nor shall any credit be allowed under 48 this subsection if the amount determined pursuant to this paragraph is 49 less than one hundred dollars. 50 (4) For purposes of this subsection: 51 (i) "Qualified gross income" means the adjusted gross income of the 52 qualified taxpayer for the taxable year as reported for federal income 53 tax purposes, or which would be reported as adjusted gross income if a 54 federal income tax return were required to be filed. In computing quali- 
 S. 5109 3 1 fied gross income, the net amount of loss reported on Federal Schedule 2 C, D, E, or F shall not exceed three thousand dollars per schedule. In 3 addition, the net amount of any other separate category of loss shall 4 not exceed three thousand dollars. The aggregate amount of all losses 5 included in computing qualified gross income shall not exceed fifteen 6 thousand dollars. 7 (ii) "STAR tax savings" means the tax savings attributable to the 8 basic or enhanced STAR exemption, whichever is applicable, within a 9 portion of a school district, as determined by the commissioner pursuant 10 to subdivision two of section thirteen hundred six-a of the real proper- 11 ty tax law. 12 (5) If the amount of the credit allowed under this subsection shall 13 exceed the taxpayer's tax for the taxable year, the excess shall be 14 treated as an overpayment of tax to be credited or refunded in accord- 15 ance with the provisions of section six hundred eighty-six of this arti- 16 cle, provided, however, that no interest shall be paid thereon. For each 17 year this credit is allowed, on or before October fifteenth of such 18 year, or as soon thereafter as is practicable, the commissioner shall 19 determine the taxpayer's eligibility for this credit utilizing the 20 information available to the commissioner on the taxpayer's personal 21 income tax return filed for the taxable year two years prior to the 22 taxable year in which the credit is allowed. For those taxpayers whom 23 the commissioner has determined eligible for this credit, the commis- 24 sioner shall advance a payment in the amount specified in paragraph 25 three of this subsection, which payment shall be issued, to the greatest 26 extent practicable, by October thirty-first of each year the credit is 27 allowed. A taxpayer who has failed to receive an advance payment that 28 such taxpayer believes was due to such taxpayer, or who has received an 29 advance payment that such taxpayer believes is less than the amount that 30 was due to such taxpayer, may request payment of the claimed deficiency 31 in a manner prescribed by the commissioner. 32 (6) A taxpayer shall not be eligible for the credit allowed under this 33 subsection if the school district taxes levied upon the residence during 34 the taxable year remain unpaid sixty days after the last date on which 35 they could have been paid without interest, or in the case of a school 36 district where such taxes are payable in installments, if such taxes 37 remain unpaid sixty days after the last date on which the final install- 38 ment could have been paid without interest. If the taxes remain unpaid 39 on such sixtieth day, the amount of credit claimed by the taxpayer under 40 this subsection or the amount of advance payment of credit received by 41 the taxpayer pursuant to paragraph five of this subsection shall be 42 added back as tax on the income tax return for the taxable year in which 43 such sixtieth day occurs. 44 (7) Only one credit per residence shall be allowed per taxable year 45 under this subsection. When two or more members of a residence are able 46 to meet the qualifications for a qualified taxpayer, the credit shall be 47 equally divided between or among such individuals. In the case of spous- 48 es who file a joint federal return but who are required to determine 49 their New York taxes separately, the credit allowed pursuant to this 50 subsection may be applied against the tax of either or divided between 51 them as they may elect. 52 § 3. The state finance law is amended by adding a new section 54-n to 53 read as follows: 54 § 54-n. Grants to shovel-ready housing municipalities. 1. Annual 55 apportionment. During each fiscal year of the state, there shall be 56 apportioned and paid to cities, towns and villages, that have certified 
 S. 5109 4 1 participation in the shovel-ready housing program established under 2 section one hundred fifty-a of the public housing law from moneys appro- 3 priated by the state, infrastructure grants for the support of shovel 4 ready housing municipalities. Such funding apportioned and paid to each 5 qualified municipality shall be equal to double the municipalities' 6 allotment of the consolidated local street and highway improvement 7 program (CHIPS) funds in the previous fiscal year enacted budget. 8 2. Use of funds. Grants to shovel-ready housing municipalities shall 9 be used for infrastructure purposes including, but not limited to road, 10 bridge, sewer, power generation and distribution, and broadband 11 projects. All other purposes shall be certified by the office of the 12 state comptroller to ensure funds are used for projects that facilitate 13 the construction of additional housing. 14 § 4. This act shall take effect immediately.