Bill Text: NY S08430 | 2019-2020 | General Assembly | Amended
Bill Title: Clarifies the definition of "first building permit" for purposes of filing requirements to qualify for an abatement of tax payments for certain industrial and commercial properties located in a city of one million or more persons.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-07-22 - PRINT NUMBER 8430B [S08430 Detail]
Download: New_York-2019-S08430-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8430--B IN SENATE May 29, 2020 ___________ Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Cities -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the real property tax law, in relation to clarifying the definition of "first building permit" for purposes of filing require- ments to qualify for an abatement of tax payments for certain indus- trial and commercial properties located in a city of one million or more persons The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 1 and 2 and paragraph (a) of subdivision 5 of 2 section 489-cccccc of the real property tax law, as added by chapter 119 3 of the laws of 2008, subparagraph (ii) of paragraph (a) of subdivision 5 4 as amended by chapter 397 of the laws of 2017, are amended to read as 5 follows: 6 1. Time limit for meeting minimum required expenditure. Applicants 7 must meet the appropriate minimum required expenditure as provided in 8 subdivision three of section four hundred eighty-nine-bbbbbb of this 9 title relating to the abatement for which such project qualifies as 10 follows: 11 (a) No later than four years from the date of issuance of the first 12 building permit that allows actual construction work on the proposed 13 project, not merely site preparation, to commence, or if no permit was 14 required, the commencement of construction. 15 (b) Mixed use properties. Expenditures for construction work related 16 to the common areas and systems of such property shall be allocated 17 under rules promulgated by the department between the residential, 18 nonresidential and retail, if any, portions of the property. 19 2. Time limit for completion of construction. Construction of build- 20 ings or structures for which benefits have been approved shall be 21 completed no later than five years from the date of issuance of the 22 first building permit that allows actual construction work on the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16529-07-0S. 8430--B 2 1 proposed project, not merely site preparation, to commence, or if no 2 permit was required, the commencement of construction. Failure to meet 3 this requirement shall result in termination of any inflation protection 4 provided under subdivision three of section four hundred eighty-nine- 5 bbbbbb of this title for any tax year that begins following the date by 6 which completion of construction is required under this paragraph. 7 (a) Time to file. (i) Preliminary application. (A) Building permit. 8 No benefits pursuant to this title shall be granted for any construction 9 work unless the applicant filed a preliminary application for such bene- 10 fits on or before the date of issuance of the first building permit that 11 allows actual construction work on the proposed project, not merely site 12 preparation, to commence for such work. This requirement may be satis- 13 fied where the applicant's architect, contractor or other representative 14 authorized to file the application for such building permit files with 15 the department on behalf of the applicant a preliminary application 16 containing such information as the department shall prescribe by rule. 17 (B) No building permit required. Where construction work does not 18 require a building permit, a notarized letter from the project's archi- 19 tect or engineer notifying the department of this fact shall be filed 20 within thirty calendar days of the commencement of construction. In 21 such circumstance, such letter shall also satisfy the requirement of a 22 preliminary application if the letter contains all of the information 23 required for a preliminary application under rules prescribed by the 24 department. 25 (ii) Final application. Applicants shall file a final application for 26 benefits no later than one year from the date of issuance of the first 27 building permit [for construction work] that allows actual construction 28 work on the proposed project, not merely site preparation, to commence, 29 or, where construction work does not require a building permit, no later 30 than one year from the date of commencement of construction. Abatement 31 benefits shall not be granted until the applicant files the final appli- 32 cation. If the final application is not filed within such one year peri- 33 od, abatement benefits shall not be granted until such application is 34 filed, and the department may delay the granting of such benefits, at 35 the department's discretion, to investigate the reason for the late 36 filing. 37 § 2. This act shall take effect immediately and shall apply to 38 construction projects that: 39 (i) were delayed as a result of environmental damage due to Hurricane 40 Sandy in the fall of 2012; and 41 (ii) for which a decision is under contested review by a court of 42 competent jurisdiction or by the New York City Department of Finance.
