(a) Definitions. In this section “high performance building” means a building or buildings on real property that meets or exceeds a Silver rating of the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) Green Building Rating System for homes or a Silver rating of the International Code Council’s 700 National Green Building Standard (NGBS).
(b) Creation. There is a tax credit from County real property taxes on high performance buildings as authorized by § 9-242 of the Tax-Property Article of the State Code.
(c) Eligibility and duration. A qualified high performance building is eligible for the credit for each year for a period of five taxable years beginning in the year in which the application is approved, provided the credit is not combined with other optional property tax credits as permitted under Title 9 of the Tax-Property Article of the State Code or this title, and the property meets the requirements of this section.
(d) Time for filing of application. Application for the tax credit created by this section shall be filed on or before June 1 immediately before the taxable year for which the tax credit is first sought. If the application is filed after June 1, the credit shall be disallowed that year but shall be treated as an application for a tax credit for the next succeeding taxable year.
(e) Credit against taxes levied on residential high performance buildings; calculation. The tax credit shall be credited from the taxes levied on a high performance building assessed as residential by the Maryland Department of Assessments and Taxation, and may not be credited from the taxes levied on the land. The total tax credit allowed under this subsection shall be a percentage of the total County property tax assessed based on the rating of the high performance building as follows:
(1) for buildings rated LEED Silver or NGBS Silver - 40%, not to exceed $1,000 for each individual certified building;
(2) for buildings rated LEED Gold or NGBS Gold - 60%, not to exceed $2,000 for each individual certified building; and
(3) for buildings rated LEED Platinum or NGBS Emerald - 80%, not to exceed $3,000 for each individual certified building.
(f) Credits against taxes levied on commercial high performance buildings; calculation. The tax credit shall be credited from the taxes levied on a high performance building assessed as commercial by the Maryland Department of Assessments and Taxation, and may not be credited from the taxes levied on the land. The total tax credit allowed under this subsection shall be a percentage of the total County property tax assessed based on the rating of the high performance building as follows:
(1) for buildings rated LEED Silver or NGBS Silver - 40%, not to exceed $20,000 for each individual certified building;
(2) for buildings rated LEED Gold or NGBS Gold - 60%, not to exceed $40,000 for each individual certified building; and
(3) for buildings rated LEED Platinum or NGBS Emerald - 80%, not to exceed $60,000 for each individual certified building.
(g) Form of application. An application for a high performance building credit shall be made to the Controller on a form provided by the Controller’s Office and shall include documentation demonstrating the building was built to achieve a standard listed in subsections (e) or (f); a statement made under the penalties of perjury as stated in § 1-201 of the Tax-Property Article of the State Code that the building and systems are regularly maintained to comply with the applicable standard; a statement acknowledging officers and employees of the County may enter onto the site of the improvements for the purpose of making inspection in furtherance of this section; and any additional information the Controller believes to be necessary to determine if the taxpayer is eligible to receive the credit.
(Bill No. 78-10; Bill No. 3-12; Bill No. 16-13; Bill No. 22-16; Bill No. 17-20; Bill No. 54-23)