Bill Text: NY A08173 | 2013-2014 | General Assembly | Introduced
Bill Title: Amends various provisions of law relating to Lower Manhattan; relates to real property tax abatements; relates to applications for tax abatements for industrial and commercial construction work on properties in a city of one million or more; relates to extending the relocation and employment assistance program and the Lower Manhattan relocation and employment assistance program; relates to extending the special rebates and discounts provided pursuant to the energy cost savings program and the lower Manhattan energy program; relates to the amount of special reduction allowed; exempts certain personal property from sales and compensating use taxes; extends real estate tax abatement programs in New York city.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2014-01-08 - referred to ways and means [A08173 Detail]
Download: New_York-2013-A08173-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8173
2013-2014 Regular Sessions
I N A S S E M B L Y
September 18, 2013
___________
Introduced by M. of A. SILVER, FARRELL, WRIGHT, GLICK, KELLNER, QUART,
ROSA -- Multi-Sponsored by -- M. of A. JACOBS -- read once and
referred to the Committee on Ways and Means
AN ACT to amend the tax law, in relation to exempting tangible personal
property purchased by a tenant for use directly and exclusively to
furnish and equip the tenant's leased premises for use as a commercial
office space; and to amend part C of chapter 2 of the laws of 2005
amending the tax law relating to exemptions from sales and use taxes,
in relation to the effectiveness thereof (Part A); to amend the real
property tax law and the administrative code of the city of New York,
in relation to extending a real property tax abatement program for
certain commercial properties in cities having a population of one
million or more and in relation to extending a special reduction under
the commercial rent tax in the city of New York (Part B); to amend the
real property tax law and the administrative code of the city of New
York, in relation to applications for tax abatements for industrial
and commercial construction work on properties in a city of one
million or more persons (Part C); to amend the general city law and
the administrative code of the city of New York, in relation to
extending the relocation and employment assistance program and the
Lower Manhattan relocation and employment assistance program (Part D);
to amend the general city law and the administrative code of the city
of New York, in relation to extending the special rebates and
discounts provided pursuant to the energy cost savings program and the
Lower Manhattan energy program (Part E); to amend the administrative
code of the city of New York, in relation to the amount of special
reduction allowed (Part F); and to amend the real property tax law,
in relation to a real estate tax abatement program for certain commer-
cial, industrial and manufacturing properties in a city of one million
or more persons (Part G)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11798-01-3
A. 8173 2
1 Section 1. This act enacts into law major components of legislation
2 relating to lower Manhattan. Each component is wholly contained within
3 a Part identified as Parts A through G. The effective date for each
4 particular provision contained within such Part is set forth in the last
5 section of such Part. Any provision in any section contained within a
6 Part, including the effective date of the Part, which makes a reference
7 to a section "of this act", when used in connection with that particular
8 component, shall be deemed to mean and refer to the corresponding
9 section of the Part in which it is found. Section three of this act sets
10 forth the general effective date of this act.
11 PART A
12 Section 1. Subparagraph (A) of paragraph 7 of subdivision (ee) of
13 section 1115 of the tax law, as amended by chapter 203 of the laws of
14 2009, is amended to read as follows:
15 (A) "Tenant" means a person who, as lessee, enters into a space lease
16 with a landlord for a term of ten years or more commencing on or after
17 September first, two thousand five, but not later than, in the case of a
18 space lease with respect to leased premises located in eligible areas as
19 defined in clause (i) of subparagraph (D) of this paragraph, September
20 first, two thousand thirteen and, in the case of a space lease with
21 respect to leased premises located in eligible areas as defined in
22 clause (ii) of subparagraph (D) of this paragraph not later than Septem-
23 ber first, two thousand fifteen, of premises for use as commercial
24 office space in buildings located or to be located in the eligible
25 areas. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, COMMENCING
26 AFTER SEPTEMBER FIRST, TWO THOUSAND THIRTEEN, "TENANT" MEANS A PERSON
27 WHO, AS LESSEE, ENTERS INTO A SPACE LEASE WITH A LANDLORD FOR A TERM OF
28 FIVE YEARS OR MORE, BUT NOT LATER THAN, IN THE CASE OF A SPACE LEASE
29 WITH RESPECT TO LEASED PREMISES LOCATED IN ELIGIBLE AREAS AS DEFINED IN
30 CLAUSE (I) OF SUBPARAGRAPH (D) OF THIS PARAGRAPH, SEPTEMBER FIRST, TWO
31 THOUSAND FIFTEEN AND, IN THE CASE OF A SPACE LEASE WITH RESPECT TO
32 LEASED PREMISES LOCATED IN ELIGIBLE AREAS AS DEFINED IN CLAUSE (II) OF
33 SUBPARAGRAPH (D) OF THIS PARAGRAPH NOT LATER THAN SEPTEMBER FIRST, TWO
34 THOUSAND SEVENTEEN, OF PREMISES FOR USE AS COMMERCIAL OFFICE SPACE IN
35 BUILDINGS LOCATED OR TO BE LOCATED IN THE ELIGIBLE AREAS.
36 A person who currently occupies premises for use as commercial office
37 space under an existing lease in a building in the eligible areas shall
38 not be eligible for exemption under this subdivision unless such exist-
39 ing lease, in the case of a space lease with respect to leased premises
40 located in eligible areas as defined in clause (i) of subparagraph (D)
41 of this paragraph expires according to its terms before September first,
42 two thousand thirteen or such existing lease, in the case of a space
43 lease with respect to leased premises located in eligible areas as
44 defined in clause (ii) of subparagraph (D) of this paragraph and such
45 person enters into a space lease, for a term of ten years or more
46 commencing on or after September first, two thousand five, of premises
47 for use as commercial office space in a building located or to be
48 located in the eligible areas, provided that such space lease with
49 respect to leased premises located in eligible areas as defined in
50 clause (i) of subparagraph (D) of this paragraph commences no later than
51 September first, two thousand thirteen, and provided that such space
52 lease with respect to leased premises located in eligible areas as
53 defined in clause (ii) of subparagraph (D) of this paragraph commences
54 no later than September first, two thousand fifteen and provided,
A. 8173 3
1 further, that such space lease shall expire no earlier than ten years
2 after the expiration of the original lease. NOTWITHSTANDING ANY
3 PROVISION OF LAW TO THE CONTRARY, AFTER SEPTEMBER FIRST, TWO THOUSAND
4 THIRTEEN, A TENANT WHO CURRENTLY OCCUPIES PREMISES FOR USE AS COMMERCIAL
5 OFFICE SPACE UNDER AN EXISTING LEASE IN A BUILDING IN THE ELIGIBLE AREAS
6 SHALL NOT BE ELIGIBLE FOR EXEMPTION UNDER THIS SUBDIVISION UNLESS SUCH
7 EXISTING LEASE, IN THE CASE OF A SPACE LEASE WITH RESPECT TO LEASED
8 PREMISES LOCATED IN ELIGIBLE AREAS AS DEFINED IN CLAUSE (I) OF SUBPARA-
9 GRAPH (D) OF THIS PARAGRAPH EXPIRES ACCORDING TO ITS TERMS BEFORE
10 SEPTEMBER FIRST, TWO THOUSAND FIFTEEN OR SUCH EXISTING LEASE, IN THE
11 CASE OF A SPACE LEASE WITH RESPECT TO LEASED PREMISES LOCATED IN ELIGI-
12 BLE AREAS AS DEFINED IN CLAUSE (II) OF SUBPARAGRAPH (D) OF THIS PARA-
13 GRAPH EXPIRES ACCORDING TO ITS TERMS BEFORE SEPTEMBER FIRST, TWO THOU-
14 SAND SEVENTEEN, PROVIDED THAT SUCH SPACE LEASE WITH RESPECT TO LEASED
15 PREMISES LOCATED IN ELIGIBLE AREAS AS DEFINED IN CLAUSE (I) OF SUBPARA-
16 GRAPH (D) OF THIS PARAGRAPH COMMENCES NO LATER THAN SEPTEMBER FIRST, TWO
17 THOUSAND FIFTEEN, AND PROVIDED THAT SUCH SPACE LEASE WITH RESPECT TO
18 LEASED PREMISES LOCATED IN ELIGIBLE AREAS AS DEFINED IN CLAUSE (II) OF
19 SUBPARAGRAPH (D) OF THIS PARAGRAPH COMMENCES NO LATER THAN SEPTEMBER
20 FIRST, TWO THOUSAND SEVENTEEN AND PROVIDED, FURTHER, THAT SUCH SPACE
21 LEASE SHALL EXPIRE NO EARLIER THAN FIVE YEARS AFTER THE EXPIRATION ON
22 THE ORIGINAL LEASE.
23 S 2. Section 2 of part C of chapter 2 of the laws of 2005 amending the
24 tax law relating to exemptions from sales and use taxes, as amended by
25 chapter 203 of the laws of 2009, is amended to read as follows:
26 S 2. This act shall take effect September 1, 2005 and shall expire and
27 be deemed repealed on December 1, [2016] 2018, and shall apply to sales
28 made, uses occurring and services rendered on or after such effective
29 date, in accordance with the applicable transitional provisions of
30 sections 1106 and 1217 of the tax law; except that clause (i) of subpar-
31 agraph (D) of paragraph seven of subdivision (ee) of section 1115 of the
32 tax law, as added by section one of this act, shall expire and be deemed
33 repealed December 1, [2014] 2016.
34 S 3. This act shall take effect immediately; provided, however, that
35 the amendments to subparagraph (A) of paragraph 7 of subdivision (ee) of
36 section 1115 of the tax law made by section one of this act shall not
37 affect the repeal of such subdivision and shall be deemed repealed ther-
38 ewith.
39 PART B
40 Section 1. Subdivisions 5 and 9 of section 499-a of the real property
41 tax law, as amended by chapter 22 of the laws of 2010, are amended to
42 read as follows:
43 5. "Benefit period." The period commencing with the first day of the
44 month immediately following the rent commencement date and terminating
45 no later than sixty months thereafter, provided, however, that with
46 respect to a lease commencing on or after April first, nineteen hundred
47 ninety-seven with an initial lease term of less than five years, but not
48 less than three years, the period commencing with the first day of the
49 month immediately following the rent commencement date and terminating
50 no later than thirty-six months thereafter. Notwithstanding the forego-
51 ing sentence, a benefit period shall expire no later than March thirty-
52 first, two thousand [twenty] TWENTY-TWO.
A. 8173 4
1 9. "Eligibility period." The period commencing April first, nineteen
2 hundred ninety-five and terminating March thirty-first, two thousand
3 [fourteen] SIXTEEN.
4 S 2. Paragraph (a) of subdivision 3 of section 499-c of the real prop-
5 erty tax law, as amended by chapter 22 of the laws of 2010, is amended
6 to read as follows:
7 (a) For purposes of determining whether the amount of expenditures
8 required by subdivision one of this section have been satisfied, expend-
9 itures on improvements to the common areas of an eligible building shall
10 be included only if work on such improvements commenced and the expendi-
11 tures are made on or after April first, nineteen hundred ninety-five and
12 on or before September thirtieth, two thousand [fourteen] SIXTEEN;
13 provided, however, that expenditures on improvements to the common areas
14 of an eligible building made prior to three years before the lease
15 commencement date shall not be included.
16 S 3. Subdivision 8 of section 499-d of the real property tax law, as
17 amended by chapter 22 of the laws of 2010, is amended to read as
18 follows:
19 8. Leases commencing on or after April first, nineteen hundred nine-
20 ty-seven shall be subject to the provisions of this title as amended by
21 chapter six hundred twenty-nine of the laws of nineteen hundred ninety-
22 seven, chapter one hundred eighteen of the laws of two thousand one,
23 chapter four hundred forty of the laws of two thousand three, chapter
24 sixty of the laws of two thousand seven [and the], chapter TWENTY-TWO of
25 the laws of two thousand ten [that added this phrase] AND THE CHAPTER OF
26 THE LAWS OF TWO THOUSAND THIRTEEN THAT ADDED THIS PHRASE. Notwithstand-
27 ing any other provision of law to the contrary, with respect to leases
28 commencing on or after April first, nineteen hundred ninety-seven, an
29 application for a certificate of abatement shall be considered timely
30 filed if filed within one hundred eighty days following the lease
31 commencement date or within sixty days following the date chapter six
32 hundred twenty-nine of the laws of nineteen hundred ninety-seven became
33 a law, whichever is later.
34 S 4. Subparagraph (a) of paragraph 2 of subdivision i of section
35 11-704 of the administrative code of the city of New York, as amended by
36 chapter 22 of the laws of 2010, is amended to read as follows:
37 (a) An eligible tenant of eligible taxable premises shall be allowed a
38 special reduction in determining the taxable base rent for such eligible
39 taxable premises. Such special reduction shall be allowed with respect
40 to the rent for such eligible taxable premises for a period not exceed-
41 ing sixty months or, with respect to a lease commencing on or after
42 April first, nineteen hundred ninety-seven with an initial lease term of
43 less than five years, but not less than three years, for a period not
44 exceeding thirty-six months, commencing on the rent commencement date
45 applicable to such eligible taxable premises, provided, however, that in
46 no event shall any special reduction be allowed for any period beginning
47 after March thirty-first, two thousand [twenty] TWENTY-TWO. For
48 purposes of applying such special reduction, the base rent for the base
49 year shall, where necessary to determine the amount of the special
50 reduction allowable with respect to any number of months falling within
51 a tax period, be prorated by dividing the base rent for the base year by
52 twelve and multiplying the result by such number of months.
53 S 5. This act shall take effect immediately.
54 PART C
A. 8173 5
1 Section 1. Paragraph (a) of subdivision 1 of section 489-dddddd of the
2 real property tax law, as amended by chapter 28 of the laws of 2011, is
3 amended to read as follows:
4 (a) Application for benefits pursuant to this title may be made imme-
5 diately following the effective date of a local law enacted pursuant to
6 this title and continuing until March first, two thousand [fifteen]
7 SEVENTEEN.
8 S 2. Subdivision 3 of section 489-dddddd of the real property tax
9 law, as added by chapter 28 of the laws of 2011, is amended to read as
10 follows:
11 3. (a) No benefits pursuant to this title shall be granted for
12 construction work performed pursuant to a building permit issued after
13 April first, two thousand [fifteen] SEVENTEEN.
14 (b) If no building permit was required, then no benefits pursuant to
15 this title shall be granted for construction work that is commenced
16 after April first, two thousand [fifteen] SEVENTEEN.
17 S 3. Paragraph 1 of subdivision a of section 11-271 of the adminis-
18 trative code of the city of New York, as amended by chapter 28 of the
19 laws of 2011, is amended to read as follows:
20 (1) Application for benefits pursuant to this part may be made imme-
21 diately following the effective date of the local law that added this
22 section and continuing until March first, two thousand [fifteen] SEVEN-
23 TEEN.
24 S 4. Subdivision c of section 11-271 of the administrative code of
25 the city of New York, as added by chapter 28 of the laws of 2011, is
26 amended to read as follows:
27 c. (1) No benefits pursuant to this part shall be granted for
28 construction work performed pursuant to a building permit issued after
29 April first, two thousand [fifteen] SEVENTEEN.
30 (2) If no building permit was required, then no benefits pursuant to
31 this part shall be granted for construction work that is commenced after
32 April first, two thousand [fifteen] SEVENTEEN.
33 S 5. This act shall take effect immediately.
34 PART D
35 Section 1. Subdivision (b) of section 25-z of the general city law, as
36 amended by chapter 131 of the laws of 2008, is amended to read as
37 follows:
38 (b) No eligible business shall be authorized to receive a credit under
39 any local law enacted pursuant to this article until the premises with
40 respect to which it is claiming the credit meet the requirements in the
41 definition of eligible premises and until it has obtained a certif-
42 ication of eligibility from the mayor of such city or an agency desig-
43 nated by such mayor, and an annual certification from such mayor or an
44 agency designated by such mayor as to the number of eligible aggregate
45 employment shares maintained by such eligible business that may qualify
46 for obtaining a tax credit for the eligible business' taxable year. Any
47 written documentation submitted to such mayor or such agency or agencies
48 in order to obtain any such certification shall be deemed a written
49 instrument for purposes of section 175.00 of the penal law. Such local
50 law may provide for application fees to be determined by such mayor or
51 such agency or agencies. No such certification of eligibility shall be
52 issued under any local law enacted pursuant to this article to an eligi-
53 ble business on or after July first, two thousand [thirteen] FIFTEEN
54 unless:
A. 8173 6
1 (1) prior to such date such business has purchased, leased or entered
2 into a contract to purchase or lease particular premises or a parcel on
3 which will be constructed such premises or already owned such premises
4 or parcel;
5 (2) prior to such date improvements have been commenced on such prem-
6 ises or parcel, which improvements will meet the requirements of subdi-
7 vision (e) of section twenty-five-y of this article relating to expendi-
8 tures for improvements;
9 (3) prior to such date such business submits a preliminary application
10 for a certification of eligibility to such mayor or such agency or agen-
11 cies with respect to a proposed relocation to such particular premises;
12 and
13 (4) such business relocates to such particular premises not later than
14 thirty-six months or, in a case in which the expenditures made for the
15 improvements specified in paragraph two of this subdivision are in
16 excess of fifty million dollars within seventy-two months from the date
17 of submission of such preliminary application.
18 S 2. Subdivision (b) of section 25-ee of the general city law, as
19 amended by chapter 131 of the laws of 2008, is amended to read as
20 follows:
21 (b) No eligible business or special eligible business shall be author-
22 ized to receive a credit against tax under any local law enacted pursu-
23 ant to this article until the premises with respect to which it is
24 claiming the credit meet the requirements in the definition of eligible
25 premises and until it has obtained a certification of eligibility from
26 the mayor of such city or any agency designated by such mayor, and an
27 annual certification from such mayor or an agency designated by such
28 mayor as to the number of eligible aggregate employment shares main-
29 tained by such eligible business or such special eligible business that
30 may qualify for obtaining a tax credit for the eligible business' taxa-
31 ble year. No special eligible business shall be authorized to receive a
32 credit against tax under the provisions of this article unless the
33 number of relocated employee base shares calculated pursuant to subdivi-
34 sion (o) of section twenty-five-dd of this article is equal to or great-
35 er than the lesser of twenty-five percent of the number of New York city
36 base shares calculated pursuant to subdivision (p) of such section and
37 two hundred fifty employment shares. Any written documentation submitted
38 to such mayor or such agency or agencies in order to obtain any such
39 certification shall be deemed a written instrument for purposes of
40 section 175.00 of the penal law. Such local law may provide for applica-
41 tion fees to be determined by such mayor or such agency or agencies. No
42 certification of eligibility shall be issued under any local law enacted
43 pursuant to this article to an eligible business on or after July first,
44 two thousand [thirteen] FIFTEEN unless:
45 (1) prior to such date such business has purchased, leased or entered
46 into a contract to purchase or lease premises in the eligible Lower
47 Manhattan area or a parcel on which will be constructed such premises;
48 (2) prior to such date improvements have been commenced on such prem-
49 ises or parcel, which improvements will meet the requirements of subdi-
50 vision (e) of section twenty-five-dd of this article relating to expend-
51 itures for improvements;
52 (3) prior to such date such business submits a preliminary application
53 for a certification of eligibility to such mayor or such agency or agen-
54 cies with respect to a proposed relocation to such premises; and
55 (4) such business relocates to such premises as provided in subdivi-
56 sion (j) of section twenty-five-dd of this article not later than thir-
A. 8173 7
1 ty-six months or, in a case in which the expenditures made for the
2 improvements specified in paragraph two of this subdivision are in
3 excess of fifty million dollars within seventy-two months from the date
4 of submission of such preliminary application.
5 S 3. Subdivision (b) of section 22-622 of the administrative code of
6 the city of New York, as amended by chapter 131 of the laws of 2008, is
7 amended to read as follows:
8 (b) No eligible business shall be authorized to receive a credit
9 against tax or a reduction in base rent subject to tax under the
10 provisions of this chapter, and of title eleven of the code as described
11 in subdivision (a) of this section, until the premises with respect to
12 which it is claiming the credit meet the requirements in the definition
13 of eligible premises and until it has obtained a certification of eligi-
14 bility from the mayor or an agency designated by the mayor, and an annu-
15 al certification from the mayor or an agency designated by the mayor as
16 to the number of eligible aggregate employment shares maintained by such
17 eligible business that may qualify for obtaining a tax credit for the
18 eligible business' taxable year. Any written documentation submitted to
19 the mayor or such agency or agencies in order to obtain any such certif-
20 ication shall be deemed a written instrument for purposes of section
21 175.00 of the penal law. Application fees for such certifications shall
22 be determined by the mayor or such agency or agencies. No certification
23 of eligibility shall be issued to an eligible business on or after July
24 first, two thousand [thirteen] FIFTEEN unless:
25 (1) prior to such date such business has purchased, leased or entered
26 into a contract to purchase or lease particular premises or a parcel on
27 which will be constructed such premises or already owned such premises
28 or parcel;
29 (2) prior to such date improvements have been commenced on such prem-
30 ises or parcel which improvements will meet the requirements of subdivi-
31 sion (e) of section 22-621 of this chapter relating to expenditures for
32 improvements;
33 (3) prior to such date such business submits a preliminary application
34 for a certification of eligibility to such mayor or such agency or agen-
35 cies with respect to a proposed relocation to such particular premises;
36 and
37 (4) such business relocates to such particular premises not later than
38 thirty-six months or, in a case in which the expenditures made for
39 improvements specified in paragraph two of this subdivision are in
40 excess of fifty million dollars within seventy-two months from the date
41 of submission of such preliminary application.
42 S 4. Subdivision (b) of section 22-624 of the administrative code of
43 the city of New York, as amended by chapter 131 of the laws of 2008, is
44 amended to read as follows:
45 (b) No eligible business or special eligible business shall be author-
46 ized to receive a credit against tax under the provisions of this chap-
47 ter, and of title eleven of the code as described in subdivision (a) of
48 this section, until the premises with respect to which it is claiming
49 the credit meet the requirements in the definition of eligible premises
50 and until it has obtained a certification of eligibility from the mayor
51 or an agency designated by the mayor, and an annual certification from
52 the mayor or an agency designated by the mayor as to the number of
53 eligible aggregate employment shares maintained by such eligible busi-
54 ness or special eligible business that may qualify for obtaining a tax
55 credit for the eligible business' taxable year. No special eligible
56 business shall be authorized to receive a credit against tax under the
A. 8173 8
1 provisions of this chapter and of title eleven of the code unless the
2 number of relocated employee base shares calculated pursuant to subdivi-
3 sion (o) of section 22-623 of this chapter is equal to or greater than
4 the lesser of twenty-five percent of the number of New York city base
5 shares calculated pursuant to subdivision (p) of such section 22-623,
6 and two hundred fifty employment shares. Any written documentation
7 submitted to the mayor or such agency or agencies in order to obtain any
8 such certification shall be deemed a written instrument for purposes of
9 section 175.00 of the penal law. Application fees for such certif-
10 ications shall be determined by the mayor or such agency or agencies. No
11 certification of eligibility shall be issued to an eligible business on
12 or after July first, two thousand [thirteen] FIFTEEN unless:
13 (1) prior to such date such business has purchased, leased or entered
14 into a contract to purchase or lease premises in the eligible Lower
15 Manhattan area or a parcel on which will be constructed such premises;
16 (2) prior to such date improvements have been commenced on such prem-
17 ises or parcel, which improvements will meet the requirements of subdi-
18 vision (e) of section 22-623 of this chapter relating to expenditures
19 for improvements;
20 (3) prior to such date such business submits a preliminary application
21 for a certification of eligibility to such mayor or such agency or agen-
22 cies with respect to a proposed relocation to such premises; and
23 (4) such business relocates to such premises not later than thirty-six
24 months or, in a case in which the expenditures made for the improvements
25 specified in paragraph two of this subdivision are in excess of fifty
26 million dollars within seventy-two months from the date of submission of
27 such preliminary application.
28 S 5. This act shall take effect immediately.
29 PART E
30 Section 1. Paragraph 1 of subdivision (b) of section 25-s of the
31 general city law, as amended by chapter 406 of the laws of 2010, is
32 amended to read as follows:
33 (1) non-residential premises that are wholly contained in property
34 that is eligible to obtain benefits under title two-D or two-F of arti-
35 cle four of the real property tax law, or would be eligible to receive
36 benefits under such article except that such property is exempt from
37 real property taxation and the requirements of paragraph (b) of subdivi-
38 sion seven of section four hundred eighty-nine-dddd of such title two-D,
39 or the requirements of subparagraph (ii) of paragraph (b) of subdivision
40 five of section four hundred eighty-nine-cccccc of such title two-F,
41 whichever is applicable, have not been satisfied, provided that applica-
42 tion for such benefits was made after May third, nineteen hundred eight-
43 y-five and prior to July first, two thousand [thirteen] FIFTEEN, that
44 construction or renovation of such premises was described in such appli-
45 cation, that such premises have been substantially improved by such
46 construction or renovation so described, that the minimum required
47 expenditure as defined in such title two-D or two-F, whichever is appli-
48 cable, has been made, and that such real property is located in an
49 eligible area; or
50 S 2. Paragraph 3 of subdivision (b) of section 25-s of the general
51 city law, as amended by chapter 406 of the laws of 2010, is amended to
52 read as follows:
53 (3) non-residential premises that are wholly contained in real proper-
54 ty that has obtained approval after October thirty-first, two thousand
A. 8173 9
1 and prior to July first, two thousand [thirteen] FIFTEEN for financing
2 by an industrial development agency established pursuant to article
3 eighteen-A of the general municipal law, provided that such financing
4 has been used in whole or in part to substantially improve such premises
5 (by construction or renovation), and that expenditures have been made
6 for improvements to such real property in excess of ten per centum of
7 the value at which such real property was assessed for tax purposes for
8 the tax year in which such improvements commenced, that such expendi-
9 tures have been made within thirty-six months after the earlier of (i)
10 the issuance by such agency of bonds for such financing, or (ii) the
11 conveyance of title to such property to such agency, and that such real
12 property is located in an eligible area; or
13 S 3. Paragraph 5 of subdivision (b) of section 25-s of the general
14 city law, as amended by chapter 406 of the laws of 2010, is amended to
15 read as follows:
16 (5) non-residential premises that are wholly contained in real proper-
17 ty owned by such city or the New York state urban development corpo-
18 ration, or a subsidiary thereof, a lease for which was approved in
19 accordance with the applicable provisions of the charter of such city or
20 by the board of directors of such corporation, and such approval was
21 obtained after October thirty-first, two thousand and prior to July
22 first, two thousand [thirteen] FIFTEEN, provided, however, that such
23 premises were constructed or renovated subsequent to such approval, that
24 expenditures have been made subsequent to such approval for improvements
25 to such real property (by construction or renovation) in excess of ten
26 per centum of the value at which such real property was assessed for tax
27 purposes for the tax year in which such improvements commenced, that
28 such expenditures have been made within thirty-six months after the
29 effective date of such lease, and that such real property is located in
30 an eligible area; or
31 S 4. Paragraph 2 of subdivision (c) of section 25-t of the general
32 city law, as amended by chapter 406 of the laws of 2010, is amended to
33 read as follows:
34 (2) No eligible energy user, qualified eligible energy user, on-site
35 cogenerator, or clean on-site cogenerator shall receive a rebate pursu-
36 ant to this article until it has obtained a certification from the
37 appropriate city agency in accordance with a local law enacted pursuant
38 to this section. No such certification for a qualified eligible energy
39 user shall be issued on or after November first, two thousand. No such
40 certification of any other eligible energy user, on-site cogenerator, or
41 clean on-site cogenerator shall be issued on or after July first, two
42 thousand [thirteen] FIFTEEN.
43 S 5. Paragraph 1 of subdivision (a) of section 25-aa of the general
44 city law, as amended by chapter 406 of the laws of 2010, is amended to
45 read as follows:
46 (1) is eligible to obtain benefits under title two-D or two-F of arti-
47 cle four of the real property tax law, or would be eligible to receive
48 benefits under such title except that such property is exempt from real
49 property taxation and the requirements of paragraph (b) of subdivision
50 seven of section four hundred eighty-nine-dddd of such title two-D, or
51 the requirements of subparagraph (ii) of paragraph (b) of subdivision
52 five of section four hundred eighty-nine-cccccc of such title two-F,
53 whichever is applicable, of the real property tax law have not been
54 satisfied, provided that application for such benefits was made after
55 the thirtieth day of June, nineteen hundred ninety-five and before the
56 first day of July, two thousand [thirteen] FIFTEEN, that construction or
A. 8173 10
1 renovation of such building or structure was described in such applica-
2 tion, that such building or structure has been substantially improved by
3 such construction or renovation, and (i) that the minimum required
4 expenditure as defined in such title has been made, or (ii) where there
5 is no applicable minimum required expenditure, the building was
6 constructed within such period or periods of time established by title
7 two-D or two-F, whichever is applicable, of article four of the real
8 property tax law for construction of a new building or structure; or
9 S 6. Paragraphs 2 and 3 of subdivision (a) of section 25-aa of the
10 general city law, as amended by chapter 406 of the laws of 2010, are
11 amended to read as follows:
12 (2) has obtained approval after the thirtieth day of June, nineteen
13 hundred ninety-five and before the first day of July, two thousand
14 [thirteen] FIFTEEN, for financing by an industrial development agency
15 established pursuant to article eighteen-A of the general municipal law,
16 provided that such financing has been used in whole or in part to
17 substantially improve such building or structure by construction or
18 renovation, that expenditures have been made for improvements to such
19 real property in excess of twenty per centum of the value at which such
20 real property was assessed for tax purposes for the tax year in which
21 such improvements commenced, and that such expenditures have been made
22 within thirty-six months after the earlier of (i) the issuance by such
23 agency of bonds for such financing, or (ii) the conveyance of title to
24 such building or structure to such agency; or
25 (3) is owned by the city of New York or the New York state urban
26 development corporation, or a subsidiary corporation thereof, a lease
27 for which was approved in accordance with the applicable provisions of
28 the charter of such city or by the board of directors of such corpo-
29 ration, as the case may be, and such approval was obtained after the
30 thirtieth day of June, nineteen hundred ninety-five and before the first
31 day of July, two thousand [thirteen] FIFTEEN, provided that expenditures
32 have been made for improvements to such real property in excess of twen-
33 ty per centum of the value at which such real property was assessed for
34 tax purposes for the tax year in which such improvements commenced, and
35 that such expenditures have been made within thirty-six months after the
36 effective date of such lease; or
37 S 7. Subdivision (f) of section 25-bb of the general city law, as
38 amended by chapter 406 of the laws of 2010, is amended to read as
39 follows:
40 (f) Application and certification. An owner or lessee of a building or
41 structure located in an eligible revitalization area, or an agent of
42 such owner or lessee, may apply to such department of small business
43 services for certification that such building or structure is an eligi-
44 ble building or targeted eligible building meeting the criteria of
45 subdivision (a) or (q) of section twenty-five-aa of this article.
46 Application for such certification must be filed after the thirtieth day
47 of June, nineteen hundred ninety-five and before a building permit is
48 issued for the construction or renovation required by such subdivisions
49 and before the first day of July, two thousand [thirteen] FIFTEEN,
50 provided that no certification for a targeted eligible building shall be
51 issued after October thirty-first, two thousand. Such application shall
52 identify expenditures to be made that will affect eligibility under such
53 subdivision (a) or (q). Upon completion of such expenditures, an appli-
54 cant shall supplement such application to provide information (i) estab-
55 lishing that the criteria of such subdivision (a) or (q) have been met;
56 (ii) establishing a basis for determining the amount of special rebates,
A. 8173 11
1 including a basis for an allocation of the special rebate among eligible
2 revitalization area energy users purchasing or otherwise receiving ener-
3 gy services from an eligible redistributor of energy or a qualified
4 eligible redistributor of energy; and (iii) supporting an allocation of
5 charges for energy services between eligible charges and other charges.
6 Such department shall certify a building or structure as an eligible
7 building or targeted eligible building after receipt and review of such
8 information and upon a determination that such information establishes
9 that the building or structure qualifies as an eligible building or
10 targeted eligible building. Such department shall mail such certif-
11 ication or notice thereof to the applicant upon issuance. Such certif-
12 ication shall remain in effect provided the eligible redistributor of
13 energy or qualified eligible redistributor of energy reports any changes
14 that materially affect the amount of the special rebates to which it is
15 entitled or the amount of reduction required by subdivision (c) of this
16 section in an energy services bill of an eligible revitalization area
17 energy user and otherwise complies with the requirements of this arti-
18 cle. Such department shall notify the private utility or public utility
19 service required to make a special rebate to such redistributor of the
20 amount of such special rebate established at the time of certification
21 and any changes in such amount and any suspension or termination by such
22 department of certification under this subdivision. Such department may
23 require some or all of the information required as part of an applica-
24 tion or other report be provided by a licensed engineer.
25 S 8. Paragraph 1 of subdivision (i) of section 22-601 of the adminis-
26 trative code of the city of New York, as amended by chapter 406 of the
27 laws of 2010, is amended to read as follows:
28 (1) Non-residential premises that are wholly contained in property
29 that is eligible to obtain benefits under part four or part five of
30 subchapter two of chapter two of title eleven of this code, or would be
31 eligible to receive benefits under such chapter except that such proper-
32 ty is exempt from real property taxation and the requirements of para-
33 graph two of subdivision g of section 11-259 of this code, or the
34 requirements of subparagraph (b) of paragraph two of subdivision e of
35 section 11-270 of this code, whichever is applicable, have not been
36 satisfied, provided that application for such benefits was made after
37 May third, nineteen hundred eighty-five and prior to July first, two
38 thousand [thirteen] FIFTEEN, that construction or renovation of such
39 premises was described in such application, that such premises have been
40 substantially improved by such construction or renovation so described,
41 that the minimum required expenditure as defined in such part four or
42 part five, whichever is applicable, has been made, and that such real
43 property is located in an eligible area; or
44 S 9. Paragraph 3 of subdivision (i) of section 22-601 of the adminis-
45 trative code of the city of New York, as amended by chapter 406 of the
46 laws of 2010, is amended to read as follows:
47 (3) non-residential premises that are wholly contained in real proper-
48 ty that has obtained approval after October thirty-first, two thousand
49 and prior to July first, two thousand [thirteen] FIFTEEN for financing
50 by an industrial development agency established pursuant to article
51 eighteen-A of the general municipal law, provided that such financing
52 has been used in whole or in part to substantially improve such premises
53 (by construction or renovation), and that expenditures have been made
54 for improvements to such real property in excess of ten per centum of
55 the value at which such real property was assessed for tax purposes for
56 the tax year in which such improvements commenced, that such expendi-
A. 8173 12
1 tures have been made within thirty-six months after the earlier of (i)
2 the issuance by such agency of bonds for such financing, or (ii) the
3 conveyance of title to such property to such agency, and that such real
4 property is located in an eligible area; or
5 S 10. Paragraph 5 of subdivision (i) of section 22-601 of the adminis-
6 trative code of the city of New York, as amended by chapter 406 of the
7 laws of 2010, is amended to read as follows:
8 (5) non-residential premises that are wholly contained in real proper-
9 ty owned by such city or the New York state urban development corpo-
10 ration, or a subsidiary thereof, a lease for which was approved in
11 accordance with the applicable provisions of the charter of such city or
12 by the board of directors of such corporation, and such approval was
13 obtained after October thirty-first, two thousand and prior to July
14 first, two thousand [thirteen] FIFTEEN, provided, however, that such
15 premises were constructed or renovated subsequent to such approval, that
16 expenditures have been made subsequent to such approval for improvements
17 to such real property (by construction or renovation) in excess of ten
18 per centum of the value at which such real property was assessed for tax
19 purposes for the tax year in which such improvements commenced, that
20 such expenditures have been made within thirty-six months after the
21 effective date of such lease, and that such real property is located in
22 an eligible area; or
23 S 11. Paragraph 1 of subdivision (c) of section 22-602 of the adminis-
24 trative code of the city of New York, as amended by chapter 406 of the
25 laws of 2010, is amended to read as follows:
26 (1) No eligible energy user, qualified eligible energy user, on-site
27 cogenerator, clean on-site cogenerator or special eligible energy user
28 shall receive a rebate pursuant to this chapter until it has obtained a
29 certification as an eligible energy user, qualified eligible energy
30 user, on-site cogenerator, clean on-site cogenerator or special eligible
31 energy user, respectively, from the commissioner of small business
32 services. No such certification for a qualified eligible energy user
33 shall be issued on or after July first, two thousand three. No such
34 certification of any other eligible energy user, on-site cogenerator or
35 clean on-site cogenerator shall be issued on or after July first, two
36 thousand [thirteen] FIFTEEN. The commissioner of small business
37 services, after notice and hearing, may revoke a certification issued
38 pursuant to this subdivision where it is found that eligibility criteria
39 have not been met or that compliance with conditions for continued
40 eligibility has not been maintained. The corporation counsel may main-
41 tain a civil action to recover an amount equal to any benefits improper-
42 ly obtained.
43 S 12. This act shall take effect immediately.
44 PART F
45 Section 1. Subparagraph (b-2) of paragraph 2 of subdivision i of
46 section 11-704 of the administrative code of the city of New York, as
47 amended by chapter 203 of the laws of 2009, is amended to read as
48 follows:
49 (b-2) The amount of the special reduction allowed by this subdivision
50 with respect to a lease other than a sublease commencing between July
51 first, two thousand five and June thirtieth, two thousand [thirteen]
52 FIFTEEN with an initial or renewal lease term of at least five years
53 shall be determined as follows:
A. 8173 13
1 (i) For the base year the amount of such special reduction shall be
2 equal to the base rent for the base year.
3 (ii) For the first, second, third and fourth twelve-month periods
4 following the base year the amount of such special reduction shall be
5 equal to the lesser of (A) the base rent for each such twelve-month
6 period or (B) the base rent for the base year.
7 S 2. This act shall take effect immediately.
8 PART G
9 Section 1. Subdivision 9 of section 499-aa of the real property tax
10 law, as amended by chapter 306 of the laws of 2010, is amended to read
11 as follows:
12 9. "Eligibility period." The period commencing April first, nineteen
13 hundred ninety-five and terminating March thirty-first, two thousand
14 one, provided, however, that with respect to eligible premises defined
15 in subparagraph (i) of paragraph (b) of subdivision ten of this section,
16 the period commencing July first, two thousand and terminating June
17 thirtieth, two thousand [fourteen] SIXTEEN, and provided, further,
18 however, that with respect to eligible premises defined in subparagraph
19 (ii) of paragraph (b) or paragraph (c) of subdivision ten of this
20 section, the period commencing July first, two thousand five and termi-
21 nating June thirtieth, two thousand [fourteen] SIXTEEN.
22 S 2. Subparagraph (iii) of paragraph (a) of subdivision 3 of section
23 499-cc of the real property tax law, as amended by chapter 306 of the
24 laws of 2010, is amended to read as follows:
25 (iii) With respect to the eligible premises defined in subparagraph
26 (ii) of paragraph (b) or paragraph (c) of subdivision ten of section
27 four hundred ninety-nine-aa of this title and for purposes of determin-
28 ing whether the amount of expenditures required by subdivision one of
29 this section have been satisfied, expenditures on improvements to the
30 common areas of an eligible building shall be included only if work on
31 such improvements commenced and the expenditures are made on or after
32 July first, two thousand five and on or before December thirty-first,
33 two thousand [fourteen] SIXTEEN; provided, however, that expenditures on
34 improvements to the common areas of an eligible building made prior to
35 three years before the lease commencement date shall not be included.
36 S 3. This act shall take effect immediately.
37 S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
38 sion, section or part of this act shall be adjudged by any court of
39 competent jurisdiction to be invalid, such judgment shall not affect,
40 impair, or invalidate the remainder thereof, but shall be confined in
41 its operation to the clause, sentence, paragraph, subdivision, section
42 or part thereof directly involved in the controversy in which such judg-
43 ment shall have been rendered. It is hereby declared to be the intent of
44 the legislature that this act would have been enacted even if such
45 invalid provisions had not been included herein.
46 S 3. This act shall take effect immediately provided, however, that
47 the applicable effective date of Parts A through G of this act shall be
48 as specifically set forth in the last section of such Parts.
