Amd SS489 & 467-a, RPT L; amd S10, Chap 555 of 1982; amd S4, Chap 402 of 1983; amd S1115, Tax L; amd Part C
S2, Chap 2 of 2005; amd SS25-z, 25-ee, 25-s, 25-t, 25-aa & 25-bb, Gen City L; amd SS22-622, 22-624, 22-601,
22-602 & 11-704, NYC Ad Cd
Extends provisions relating to tax abatements (Part A); extends certain abatements (Part B); extends effectiveness of provisions relating to condominium conversions (Part C); relates to certain tax exemptions for office space in Lower Manhattan (Part D); extends the Lower Manhattan relocation and employment assistance program (Part E); relates to energy cost savings programs (Part F); relates to the special reduction allowed (Part G).
STATE OF NEW YORK
________________________________________________________________________
6008
2015-2016 Regular Sessions
IN SENATE
June 20, 2015
___________
Introduced by COMMITTEE ON RULES -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules
AN ACT to amend the real property tax law, in relation to extending
provisions of law relating to tax abatements for certain multiple
dwellings (Part A); to amend the real property tax law, in relation to
extending certain abatements (Part B); to amend chapter 555 of the
laws of 1982 amending the general business law and the administrative
code of the city of New York relating to conversion of residential
property to cooperative or condominium ownership in the city of New
York, in relation to extending the effectiveness thereof; to amend
chapter 402 of the laws of 1983 amending the general business law
relating to conversion of rental residential property to cooperative
or condominium ownership in certain municipalities in the counties of
Nassau, Westchester and Rockland, in relation to extending the effec-
tiveness thereof (Part C); to amend the tax law, in relation to the
temporary exemption from sales and use taxes for premises used for
commercial office space in Lower Manhattan; 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 D); 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 E); 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 F); and to amend the administrative code of the city of New
York, in relation to the amount of special reduction allowed (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.
LBD11741-01-5
S. 6008 2
1 Section 1. This act enacts into law major components of legislation
2 relating to Lower Manhattan and the city of New York. Each component is
3 wholly contained within a Part identified as Parts A through G. The
4 effective date for each particular provision contained within such Part
5 is set forth in the last section of such Part. Any provision in any
6 section contained within a Part, including the effective date of the
7 Part, which makes a reference to a section "of this act", when used in
8 connection with that particular component, shall be deemed to mean and
9 refer to the corresponding section of the Part in which it is found.
10 PART A
11 Section 1. The opening paragraph of paragraph (a) of subdivision 1 of
12 section 489 of the real property tax law, as amended by chapter 4 of the
13 laws of 2013, is amended to read as follows:
14 Any city to which the multiple dwelling law is applicable, acting
15 through its local legislative body or other governing agency, is hereby
16 authorized and empowered, to and including January first, two thousand
17 [fifteen] nineteen, to adopt and amend local laws or ordinances provid-
18 ing that any increase in assessed valuation of real property shall be
19 exempt from taxation for local purposes, as provided herein, to the
20 extent such increase results from:
21 § 2. The closing paragraph of subparagraph 6 of paragraph (a) of
22 subdivision 1 of section 489 of the real property tax law, as amended by
23 chapter 4 of the laws of 2013, is amended to read as follows:
24 Such conversion, alterations or improvements shall be completed within
25 thirty months after the date on which same shall be started except that
26 such thirty month limitation shall not apply to conversions of residen-
27 tial units which are registered with the loft board in accordance with
28 article seven-C of the multiple dwelling law pursuant to subparagraph
29 one of this paragraph. Notwithstanding the foregoing, a sixty month
30 period for completion shall be available for alterations or improvements
31 undertaken by a housing development fund company organized pursuant to
32 article eleven of the private housing finance law, which are carried out
33 with the substantial assistance of grants, loans or subsidies from any
34 federal, state or local governmental agency or instrumentality or which
35 are carried out in a property transferred from such city if alterations
36 and improvements are completed within seven years after the date of
37 transfer. In addition, the local housing agency is hereby empowered to
38 grant an extension of the period of completion for any project carried
39 out with the substantial assistance of grants, loans or subsidies from
40 any federal, state or local governmental agency or instrumentality, if
41 such alterations or improvements are completed within sixty months from
42 commencement of construction. Provided, further, that such conversion,
43 alterations or improvements shall in any event be completed prior to
44 June thirtieth, two thousand [fifteen] nineteen. Exemption for conver-
45 sions, alterations or improvements pursuant to subparagraph one, two,
46 three or four of this paragraph shall continue for a period not to
47 exceed fourteen years and begin no sooner than the first quarterly tax
48 bill immediately following the completion of such conversion, alter-
49 ations or improvements. Exemption for alterations or improvements pursu-
50 ant to this subparagraph or subparagraph five of this paragraph shall
51 continue for a period not to exceed thirty-four years and shall begin no
52 sooner than the first quarterly tax bill immediately following the
53 completion of such alterations or improvements. Such exemption shall be
54 equal to the increase in the valuation which is subject to exemption in
S. 6008 3
1 full or proportionally under this subdivision for ten or thirty years,
2 whichever is applicable. After such period of time, the amount of such
3 exempted assessed valuation of such improvements shall be reduced by
4 twenty percent in each succeeding year until the assessed value of the
5 improvements are fully taxable. Provided, however, exemption for any
6 conversion, alterations or improvements which are aided by a loan or
7 grant under article eight, eight-A, eleven, twelve, fifteen or twenty-
8 two of the private housing finance law, section six hundred ninety-six-a
9 or section ninety-nine-h of the general municipal law, or section three
10 hundred twelve of the housing act of nineteen hundred sixty-four (42
11 U.S.C.A. 1452b), or the Cranston-Gonzalez national affordable housing
12 act (42 U.S.C.A. 12701 et. seq.), or started after July first, nineteen
13 hundred eighty-three by a housing development fund company organized
14 pursuant to article eleven of the private housing finance law which are
15 carried out with the substantial assistance of grants, loans or subsi-
16 dies from any federal, state or local governmental agency or instrumen-
17 tality or which are carried out in a property transferred from any city
18 and where alterations and improvements are completed within seven years
19 after the date of transfer may commence at the beginning of any tax
20 quarter subsequent to the start of such conversion, alterations or
21 improvements and prior to the completion of such conversion, alterations
22 or improvements.
23 § 3. This act shall take effect immediately.
24 PART B
25 Section 1. Paragraphs (a) and (b) of subdivision 2 of section 467-a of
26 the real property tax law, as amended by chapter 4 of the laws of 2013,
27 are amended to read as follows:
28 (a) In a city having a population of one million or more, dwelling
29 units owned by unit owners who, as of the applicable taxable status
30 date, own no more than three dwelling units in any one property held in
31 the condominium form of ownership, shall be eligible to receive a
32 partial abatement of real property taxes, as set forth in paragraphs
33 (c), (d), (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of this subdivi-
34 sion; provided, however, that a property held in the condominium form of
35 ownership that is receiving complete or partial real property tax
36 exemption or tax abatement pursuant to any other provision of this chap-
37 ter or any other state or local law, except as provided in paragraph (f)
38 of this subdivision, shall not be eligible to receive a partial abate-
39 ment pursuant to this section; and provided, further, that sponsors
40 shall not be eligible to receive a partial abatement pursuant to this
41 section; and provided, further, that in the fiscal [year] years commenc-
42 ing in calendar years two thousand twelve, two thousand thirteen, [or]
43 two thousand fourteen, two thousand fifteen, two thousand sixteen, two
44 thousand seventeen or two thousand eighteen no more than a maximum of
45 three dwelling units owned by any unit owner in a single building, one
46 of which must be the primary residence of such unit owner, shall be
47 eligible to receive a partial abatement pursuant to paragraphs (d-1),
48 (d-2), (d-3) and (d-4) of this [section] subdivision.
49 (b) In a city having a population of one million or more, dwelling
50 units owned by tenant-stockholders who, as of the applicable taxable
51 status date, own no more than three dwelling units in any one property
52 held in the cooperative form of ownership, shall be eligible to receive
53 a partial abatement of real property taxes, as set forth in paragraphs
54 (c), (d), (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of this subdivi-
S. 6008 4
1 sion; provided, however, that a property held in the cooperative form of
2 ownership that is receiving complete or partial real property tax
3 exemption or tax abatement pursuant to any other provision of this chap-
4 ter or any other state or local law, except as provided in paragraph (f)
5 of this subdivision, shall not be eligible to receive a partial abate-
6 ment pursuant to this section; and provided, further, that sponsors
7 shall not be eligible to receive a partial abatement pursuant to this
8 section; and provided, further, that in the fiscal [year] years commenc-
9 ing in calendar years two thousand twelve, two thousand thirteen [or],
10 two thousand fourteen, two thousand fifteen, two thousand sixteen, two
11 thousand seventeen or two thousand eighteen no more than a maximum of
12 three dwelling units owned by any tenant-stockholder in a single build-
13 ing, one of which must be the primary residence of such tenant-stock-
14 holder, shall be eligible to receive a partial abatement pursuant to
15 paragraphs (d-1), (d-2), (d-3) and (d-4) of this [section] subdivision.
16 For purposes of this section, a tenant-stockholder of a cooperative
17 apartment corporation shall be deemed to own the dwelling unit which is
18 represented by his or her shares of stock in such corporation. Any
19 abatement so granted shall be credited by the appropriate taxing author-
20 ity against the tax due on the property as a whole. The reduction in
21 real property taxes received thereby shall be credited by the cooper-
22 ative apartment corporation against the amount of such taxes attribut-
23 able to eligible dwelling units at the time of receipt.
24 § 2. Paragraphs (d-1), (d-2), (d-3) and (d-4) of subdivision 2 of
25 section 467-a of the real property tax law, as added by chapter 4 of the
26 laws of 2013, are amended to read as follows:
27 (d-1) In the fiscal years commencing in calendar [year] years two
28 thousand twelve, two thousand thirteen [and], two thousand fourteen, two
29 thousand fifteen, two thousand sixteen, two thousand seventeen and two
30 thousand eighteen, eligible dwelling units in property whose average
31 unit assessed value is less than or equal to fifty thousand dollars
32 shall receive a partial abatement of the real property taxes attribut-
33 able to or due on such dwelling units of twenty-five percent, twenty-six
34 and one-half percent and twenty-eight and one-tenth percent respective-
35 ly.
36 (d-2) In the fiscal years commencing in calendar [year] years two
37 thousand twelve, two thousand thirteen [and], two thousand fourteen, two
38 thousand fifteen, two thousand sixteen, two thousand seventeen and two
39 thousand eighteen, eligible dwelling units in property whose average
40 unit assessed value is more than fifty thousand dollars, but less than
41 or equal to fifty-five thousand dollars, shall receive a partial abate-
42 ment of the real property taxes attributable to or due on such dwelling
43 units of twenty-two and one-half percent, twenty-three and eight-tenths
44 percent and twenty-five and two-tenths percent respectively.
45 (d-3) In the fiscal years commencing in calendar [year] years two
46 thousand twelve, two thousand thirteen [and], two thousand fourteen, two
47 thousand fifteen, two thousand sixteen, two thousand seventeen and two
48 thousand eighteen, eligible dwelling units in property whose average
49 unit assessed value is more than fifty-five thousand dollars, but less
50 than or equal to sixty thousand dollars, shall receive a partial abate-
51 ment of the real property taxes attributable to or due on such dwelling
52 units of twenty percent, twenty-one and two-tenths percent, and twenty-
53 two and five-tenths percent respectively.
54 (d-4) In the fiscal years commencing in calendar [year] years two
55 thousand twelve, two thousand thirteen [and], two thousand fourteen, two
56 thousand fifteen, two thousand sixteen, two thousand seventeen, two
S. 6008 5
1 thousand eighteen and two thousand nineteen, eligible dwelling units in
2 property whose average unit assessed value is more than sixty thousand
3 dollars shall receive a partial abatement of the real property taxes
4 attributable to or due on such dwelling units of seventeen and one-half
5 percent.
6 § 3. Paragraph (a) of subdivision 3 of section 467-a of the real prop-
7 erty tax law, as amended by chapter 4 of the laws of 2013, is amended to
8 read as follows:
9 (a) An application for an abatement pursuant to this section for the
10 fiscal year commencing in calendar year nineteen hundred ninety-six
11 shall be made no later than the fifteenth day of September, nineteen
12 hundred ninety-six. An application for an abatement pursuant to this
13 section for the fiscal year commencing in calendar year nineteen hundred
14 ninety-seven shall be made no later than the first day of April, nine-
15 teen hundred ninety-seven. An application for an abatement pursuant to
16 this section for the fiscal year commencing in calendar year nineteen
17 hundred ninety-eight shall be made no later than the first day of April,
18 nineteen hundred ninety-eight. An application for an abatement pursuant
19 to this section for the fiscal year commencing in calendar year nineteen
20 hundred ninety-nine shall be made in accordance with this subdivision
21 and subdivision three-a of this section. An application for an abatement
22 pursuant to this section for the fiscal year commencing in calendar year
23 two thousand shall be made no later than the fifteenth day of February,
24 two thousand. An application for an abatement pursuant to this section
25 for the fiscal year commencing in calendar year two thousand one shall
26 be made in accordance with this subdivision and subdivision three-b of
27 this section. An application for an abatement pursuant to this section
28 for the fiscal year commencing in calendar year two thousand two shall
29 be made no later than the fifteenth day of February, two thousand two.
30 An application for an abatement pursuant to this section for the fiscal
31 year commencing in calendar year two thousand three shall be made no
32 later than the fifteenth day of February, two thousand three. An appli-
33 cation for an abatement pursuant to this section for the fiscal year
34 commencing in calendar year two thousand four shall be made in accord-
35 ance with this subdivision and subdivision three-c of this section. An
36 application for an abatement pursuant to this section for the fiscal
37 year commencing in calendar year two thousand five shall be made no
38 later than the fifteenth day of February, two thousand five. An applica-
39 tion for an abatement pursuant to this section for the fiscal year
40 commencing in calendar year two thousand six shall be made no later than
41 the fifteenth day of February, two thousand six. An application for an
42 abatement pursuant to this section for the fiscal year commencing in
43 calendar year two thousand seven shall be made no later than the
44 fifteenth day of February, two thousand seven. An application for abate-
45 ment pursuant to this section for the fiscal year commencing in calendar
46 year two thousand eight shall be made in accordance with this subdivi-
47 sion and subdivision three-d of this section. An application for an
48 abatement pursuant to this section for the fiscal year commencing in
49 calendar year two thousand nine shall be made no later than the
50 fifteenth day of February, two thousand nine. An application for an
51 abatement pursuant to this section for the fiscal year commencing in
52 calendar year two thousand ten shall be made no later than the fifteenth
53 day of February, two thousand ten. An application for an abatement
54 pursuant to this section for the fiscal year commencing in calendar year
55 two thousand eleven shall be made no later than the fifteenth day of
56 February, two thousand eleven. An application for an abatement pursuant
S. 6008 6
1 to this section for the fiscal years commencing in calendar years two
2 thousand twelve and two thousand thirteen shall be made in accordance
3 with subdivision three-e of this section. The date or dates by which
4 applications for an abatement pursuant to this section shall be made for
5 the fiscal [year] years beginning in calendar [year] years two thousand
6 fourteen, two thousand fifteen, two thousand sixteen, two thousand
7 seventeen and two thousand eighteen shall be established by the commis-
8 sioner of finance by rule, provided that such date or dates shall not be
9 later than the fifteenth day of February for such calendar [year] years.
10 § 4. This act shall take effect immediately.
11 PART C
12 Section 1. Section 10 of chapter 555 of the laws of 1982 amending the
13 general business law and the administrative code of the city of New York
14 relating to conversion of residential property to cooperative or condo-
15 minium ownership in the city of New York, as amended by chapter 19 of
16 the laws of 2015, is amended to read as follows:
17 § 10. This act shall take effect immediately; provided, that the
18 provisions of sections one, two and nine of this act shall remain in
19 full force and effect only until and including June [23] 15, [2015]
20 2019; provided further that the provisions of section three of this act
21 shall remain in full force and effect only so long as the public emer-
22 gency requiring the regulation and control of residential rents and
23 evictions continues as provided in subdivision 3 of section 1 of the
24 local emergency housing rent control act; provided further that the
25 provisions of sections four, five, six and seven of this act shall
26 expire in accordance with the provisions of section 26-520 of the admin-
27 istrative code of the city of New York as such section of the adminis-
28 trative code is, from time to time, amended; provided further that the
29 provisions of section 26-511 of the administrative code of the city of
30 New York, as amended by this act, which the New York City Department of
31 Housing Preservation and Development must find are contained in the code
32 of the real estate industry stabilization association of such city in
33 order to approve it, shall be deemed contained therein as of the effec-
34 tive date of this act; and provided further that any plan accepted for
35 filing by the department of law on or before the effective date of this
36 act shall continue to be governed by the provisions of section 352-eeee
37 of the general business law as they had existed immediately prior to the
38 effective date of this act.
39 § 2. Section 4 of chapter 402 of the laws of 1983 amending the general
40 business law relating to conversion of rental residential property to
41 cooperative or condominium ownership in certain municipalities in the
42 counties of Nassau, Westchester and Rockland, as amended by chapter 19
43 of the laws of 2015, is amended to read as follows:
44 § 4. This act shall take effect immediately; provided, that the
45 provisions of sections one and three of this act shall remain in full
46 force and effect only until and including June [23] 15, [2015] 2019; and
47 provided further that any plan accepted for filing by the department of
48 law on or before the effective date of this act shall continue to be
49 governed by the provisions of section 352-eee of the general business
50 law as they had existed immediately prior to the effective date of this
51 act.
52 § 3. This act shall take effect immediately, provided, however, that
53 if this act shall become a law after June 23, 2015, then it shall be
54 deemed to have been in full force and effect on and after June 23, 2015.
S. 6008 7
1 PART D
2 Section 1. Subparagraph (A) of paragraph 7 of subdivision (ee) of
3 section 1115 of the tax law, as amended by section 1 of subpart A of
4 part GG of chapter 59 of the laws of 2014, is amended to read as
5 follows:
6 (A) "Tenant" means a person who, as lessee, enters into a space lease
7 with a landlord for a term of ten years or more commencing on or after
8 September first, two thousand five, but not later than, in the case of a
9 space lease with respect to leased premises located in eligible areas as
10 defined in clause (i) of subparagraph (D) of this paragraph, September
11 first, two thousand [fifteen] nineteen and, in the case of a space lease
12 with respect to leased premises located in eligible areas as defined in
13 clause (ii) of subparagraph (D) of this paragraph not later than Septem-
14 ber first, two thousand [seventeen] twenty-one, of premises for use as
15 commercial office space in buildings located or to be located in the
16 eligible areas. A person who currently occupies premises for use as
17 commercial office space under an existing lease in a building in the
18 eligible areas shall not be eligible for exemption under this subdivi-
19 sion unless such existing lease, in the case of a space lease with
20 respect to leased premises located in eligible areas as defined in
21 clause (i) of subparagraph (D) of this paragraph expires according to
22 its terms before September first, two thousand [fifteen] nineteen or
23 such existing lease, in the case of a space lease with respect to leased
24 premises located in eligible areas as defined in clause (ii) of subpara-
25 graph (D) of this paragraph and such person enters into a space lease,
26 for a term of ten years or more commencing on or after September first,
27 two thousand five, of premises for use as commercial office space in a
28 building located or to be located in the eligible areas, provided that
29 such space lease with respect to leased premises located in eligible
30 areas as defined in clause (i) of subparagraph (D) of this paragraph
31 commences no later than September first, two thousand [fifteen]
32 nineteen, and provided that such space lease with respect to leased
33 premises located in eligible areas as defined in clause (ii) of subpara-
34 graph (D) of this paragraph commences no later than September first, two
35 thousand [seventeen] twenty-one and provided, further, that such space
36 lease shall expire no earlier than ten years after the expiration of the
37 original lease.
38 § 2. Section 2 of part C of chapter 2 of the laws of 2005 amending
39 the tax law relating to exemptions from sales and use taxes, as amended
40 by section 2 of subpart A of part GG of chapter 59 of the laws of 2014,
41 is amended to read as follows:
42 § 2. This act shall take effect September 1, 2005 and shall expire and
43 be deemed repealed on December 1, [2018] 2022, and shall apply to sales
44 made, uses occurring and services rendered on or after such effective
45 date, in accordance with the applicable transitional provisions of
46 sections 1106 and 1217 of the tax law; except that clause (i) of subpar-
47 agraph (D) of paragraph seven of subdivision (ee) of section 1115 of the
48 tax law, as added by section one of this act, shall expire and be deemed
49 repealed December 1, [2016] 2020.
50 § 3. This act shall take effect immediately and shall be deemed to
51 have been in full force and effect after June 30, 2015; provided, howev-
52 er, that the amendment to subparagraph (A) of paragraph 7 of subdivision
53 (ee) of section 1115 of the tax law made by section one of this act
54 shall not affect the repeal of such subdivision and shall be deemed
55 repealed therewith.
S. 6008 8
1 PART E
2 Section 1. Subdivision (b) of section 25-z of the general city law, as
3 amended by section 1 of subpart D of part GG of chapter 59 of the laws
4 of 2014, is amended to read as follows:
5 (b) No eligible business shall be authorized to receive a credit under
6 any local law enacted pursuant to this article until the premises with
7 respect to which it is claiming the credit meet the requirements in the
8 definition of eligible premises and until it has obtained a certif-
9 ication of eligibility from the mayor of such city or an agency desig-
10 nated by such mayor, and an annual certification from such mayor or an
11 agency designated by such mayor as to the number of eligible aggregate
12 employment shares maintained by such eligible business that may qualify
13 for obtaining a tax credit for the eligible business' taxable year. Any
14 written documentation submitted to such mayor or such agency or agencies
15 in order to obtain any such certification shall be deemed a written
16 instrument for purposes of section 175.00 of the penal law. Such local
17 law may provide for application fees to be determined by such mayor or
18 such agency or agencies. No such certification of eligibility shall be
19 issued under any local law enacted pursuant to this article to an eligi-
20 ble business on or after July first, two thousand [fifteen] nineteen
21 unless:
22 (1) prior to such date such business has purchased, leased or entered
23 into a contract to purchase or lease particular premises or a parcel on
24 which will be constructed such premises or already owned such premises
25 or parcel;
26 (2) prior to such date improvements have been commenced on such prem-
27 ises or parcel, which improvements will meet the requirements of subdi-
28 vision (e) of section twenty-five-y of this article relating to expendi-
29 tures for improvements;
30 (3) prior to such date such business submits a preliminary application
31 for a certification of eligibility to such mayor or such agency or agen-
32 cies with respect to a proposed relocation to such particular premises;
33 and
34 (4) such business relocates to such particular premises not later than
35 thirty-six months or, in a case in which the expenditures made for the
36 improvements specified in paragraph two of this subdivision are in
37 excess of fifty million dollars within seventy-two months from the date
38 of submission of such preliminary application.
39 § 2. Subdivision (b) of section 25-ee of the general city law, as
40 amended by section 2 of subpart D of part GG of chapter 59 of the laws
41 of 2014, is amended to read as follows:
42 (b) No eligible business or special eligible business shall be author-
43 ized to receive a credit against tax under any local law enacted pursu-
44 ant to this article until the premises with respect to which it is
45 claiming the credit meet the requirements in the definition of eligible
46 premises and until it has obtained a certification of eligibility from
47 the mayor of such city or any agency designated by such mayor, and an
48 annual certification from such mayor or an agency designated by such
49 mayor as to the number of eligible aggregate employment shares main-
50 tained by such eligible business or such special eligible business that
51 may qualify for obtaining a tax credit for the eligible business' taxa-
52 ble year. No special eligible business shall be authorized to receive a
53 credit against tax under the provisions of this article unless the
54 number of relocated employee base shares calculated pursuant to subdivi-
55 sion (o) of section twenty-five-dd of this article is equal to or great-
S. 6008 9
1 er than the lesser of twenty-five percent of the number of New York city
2 base shares calculated pursuant to subdivision (p) of such section and
3 two hundred fifty employment shares. Any written documentation submitted
4 to such mayor or such agency or agencies in order to obtain any such
5 certification shall be deemed a written instrument for purposes of
6 section 175.00 of the penal law. Such local law may provide for applica-
7 tion fees to be determined by such mayor or such agency or agencies. No
8 certification of eligibility shall be issued under any local law enacted
9 pursuant to this article to an eligible business on or after July first,
10 two thousand [fifteen] nineteen unless:
11 (1) prior to such date such business has purchased, leased or entered
12 into a contract to purchase or lease premises in the eligible Lower
13 Manhattan area or a parcel on which will be constructed such premises;
14 (2) prior to such date improvements have been commenced on such prem-
15 ises or parcel, which improvements will meet the requirements of subdi-
16 vision (e) of section twenty-five-dd of this article relating to expend-
17 itures for improvements;
18 (3) prior to such date such business submits a preliminary application
19 for a certification of eligibility to such mayor or such agency or agen-
20 cies with respect to a proposed relocation to such premises; and
21 (4) such business relocates to such premises as provided in subdivi-
22 sion (j) of section twenty-five-dd of this article not later than thir-
23 ty-six months or, in a case in which the expenditures made for the
24 improvements specified in paragraph two of this subdivision are in
25 excess of fifty million dollars within seventy-two months from the date
26 of submission of such preliminary application.
27 § 3. Subdivision (b) of section 22-622 of the administrative code of
28 the city of New York, as amended by section 3 of subpart D of part GG of
29 chapter 59 of the laws of 2014, is amended to read as follows:
30 (b) No eligible business shall be authorized to receive a credit
31 against tax or a reduction in base rent subject to tax under the
32 provisions of this chapter, and of title eleven of the code as described
33 in subdivision (a) of this section, until the premises with respect to
34 which it is claiming the credit meet the requirements in the definition
35 of eligible premises and until it has obtained a certification of eligi-
36 bility from the mayor or an agency designated by the mayor, and an annu-
37 al certification from the mayor or an agency designated by the mayor as
38 to the number of eligible aggregate employment shares maintained by such
39 eligible business that may qualify for obtaining a tax credit for the
40 eligible business' taxable year. Any written documentation submitted to
41 the mayor or such agency or agencies in order to obtain any such certif-
42 ication shall be deemed a written instrument for purposes of section
43 175.00 of the penal law. Application fees for such certifications shall
44 be determined by the mayor or such agency or agencies. No certification
45 of eligibility shall be issued to an eligible business on or after July
46 first, two thousand [fifteen] nineteen unless:
47 (1) prior to such date such business has purchased, leased or entered
48 into a contract to purchase or lease particular premises or a parcel on
49 which will be constructed such premises or already owned such premises
50 or parcel;
51 (2) prior to such date improvements have been commenced on such prem-
52 ises or parcel which improvements will meet the requirements of subdivi-
53 sion (e) of section 22-621 of this chapter relating to expenditures for
54 improvements;
55 (3) prior to such date such business submits a preliminary application
56 for a certification of eligibility to such mayor or such agency or agen-
S. 6008 10
1 cies with respect to a proposed relocation to such particular premises;
2 and
3 (4) such business relocates to such particular premises not later than
4 thirty-six months or, in a case in which the expenditures made for
5 improvements specified in paragraph two of this subdivision are in
6 excess of fifty million dollars within seventy-two months from the date
7 of submission of such preliminary application.
8 § 4. Subdivision (b) of section 22-624 of the administrative code of
9 the city of New York, as amended by section 4 of subpart D of part GG of
10 chapter 59 of the laws of 2014, is amended to read as follows:
11 (b) No eligible business or special eligible business shall be author-
12 ized to receive a credit against tax under the provisions of this chap-
13 ter, and of title eleven of the code as described in subdivision (a) of
14 this section, until the premises with respect to which it is claiming
15 the credit meet the requirements in the definition of eligible premises
16 and until it has obtained a certification of eligibility from the mayor
17 or an agency designated by the mayor, and an annual certification from
18 the mayor or an agency designated by the mayor as to the number of
19 eligible aggregate employment shares maintained by such eligible busi-
20 ness or special eligible business that may qualify for obtaining a tax
21 credit for the eligible business' taxable year. No special eligible
22 business shall be authorized to receive a credit against tax under the
23 provisions of this chapter and of title eleven of the code unless the
24 number of relocated employee base shares calculated pursuant to subdivi-
25 sion (o) of section 22-623 of this chapter is equal to or greater than
26 the lesser of twenty-five percent of the number of New York city base
27 shares calculated pursuant to subdivision (p) of such section 22-623,
28 and two hundred fifty employment shares. Any written documentation
29 submitted to the mayor or such agency or agencies in order to obtain any
30 such certification shall be deemed a written instrument for purposes of
31 section 175.00 of the penal law. Application fees for such certif-
32 ications shall be determined by the mayor or such agency or agencies. No
33 certification of eligibility shall be issued to an eligible business on
34 or after July first, two thousand [fifteen] nineteen unless:
35 (1) prior to such date such business has purchased, leased or entered
36 into a contract to purchase or lease premises in the eligible Lower
37 Manhattan area or a parcel on which will be constructed such premises;
38 (2) prior to such date improvements have been commenced on such prem-
39 ises or parcel, which improvements will meet the requirements of subdi-
40 vision (e) of section 22-623 of this chapter relating to expenditures
41 for improvements;
42 (3) prior to such date such business submits a preliminary application
43 for a certification of eligibility to such mayor or such agency or agen-
44 cies with respect to a proposed relocation to such premises; and
45 (4) such business relocates to such premises not later than thirty-six
46 months or, in a case in which the expenditures made for the improvements
47 specified in paragraph two of this subdivision are in excess of fifty
48 million dollars within seventy-two months from the date of submission of
49 such preliminary application.
50 § 5. This act shall take effect immediately and shall be deemed to
51 have been in full force and effect after June 30, 2015.
52 PART F
S. 6008 11
1 Section 1. Paragraph 1 of subdivision (b) of section 25-s of the
2 general city law, as amended by section 1 of subpart E of part GG of
3 chapter 59 of the laws of 2014, is amended to read as follows:
4 (1) non-residential premises that are wholly contained in property
5 that is eligible to obtain benefits under title two-D or two-F of arti-
6 cle four of the real property tax law, or would be eligible to receive
7 benefits under such article except that such property is exempt from
8 real property taxation and the requirements of paragraph (b) of subdivi-
9 sion seven of section four hundred eighty-nine-dddd of such title two-D,
10 or the requirements of subparagraph (ii) of paragraph (b) of subdivision
11 five of section four hundred eighty-nine-cccccc of such title two-F,
12 whichever is applicable, have not been satisfied, provided that applica-
13 tion for such benefits was made after May third, nineteen hundred eight-
14 y-five and prior to July first, two thousand [fifteen] nineteen, that
15 construction or renovation of such premises was described in such appli-
16 cation, that such premises have been substantially improved by such
17 construction or renovation so described, that the minimum required
18 expenditure as defined in such title two-D or two-F, whichever is appli-
19 cable, has been made, and that such real property is located in an
20 eligible area; or
21 § 2. Paragraph 3 of subdivision (b) of section 25-s of the general
22 city law, as amended by section 2 of subpart E of part GG of chapter 59
23 of the laws of 2014, is amended to read as follows:
24 (3) non-residential premises that are wholly contained in real proper-
25 ty that has obtained approval after October thirty-first, two thousand
26 and prior to July first, two thousand [fifteen] nineteen for financing
27 by an industrial development agency established pursuant to article
28 eighteen-A of the general municipal law, provided that such financing
29 has been used in whole or in part to substantially improve such premises
30 (by construction or renovation), and that expenditures have been made
31 for improvements to such real property in excess of ten per centum of
32 the value at which such real property was assessed for tax purposes for
33 the tax year in which such improvements commenced, that such expendi-
34 tures have been made within thirty-six months after the earlier of (i)
35 the issuance by such agency of bonds for such financing, or (ii) the
36 conveyance of title to such property to such agency, and that such real
37 property is located in an eligible area; or
38 § 3. Paragraph 5 of subdivision (b) of section 25-s of the general
39 city law, as amended by section 3 of subpart E of part GG of chapter 59
40 of the laws of 2014, is amended to read as follows:
41 (5) non-residential premises that are wholly contained in real proper-
42 ty owned by such city or the New York state urban development corpo-
43 ration, or a subsidiary thereof, a lease for which was approved in
44 accordance with the applicable provisions of the charter of such city or
45 by the board of directors of such corporation, and such approval was
46 obtained after October thirty-first, two thousand and prior to July
47 first, two thousand [fifteen] nineteen, provided, however, that such
48 premises were constructed or renovated subsequent to such approval, that
49 expenditures have been made subsequent to such approval for improvements
50 to such real property (by construction or renovation) in excess of ten
51 per centum of the value at which such real property was assessed for tax
52 purposes for the tax year in which such improvements commenced, that
53 such expenditures have been made within thirty-six months after the
54 effective date of such lease, and that such real property is located in
55 an eligible area; or
S. 6008 12
1 § 4. Paragraph 2 of subdivision (c) of section 25-t of the general
2 city law, as amended by section 4 of subpart E of part GG of chapter 59
3 of the laws of 2014, is amended to read as follows:
4 (2) No eligible energy user, qualified eligible energy user, on-site
5 cogenerator, or clean on-site cogenerator shall receive a rebate pursu-
6 ant to this article until it has obtained a certification from the
7 appropriate city agency in accordance with a local law enacted pursuant
8 to this section. No such certification for a qualified eligible energy
9 user shall be issued on or after November first, two thousand. No such
10 certification of any other eligible energy user, on-site cogenerator, or
11 clean on-site cogenerator shall be issued on or after July first, two
12 thousand [fifteen] nineteen.
13 § 5. Paragraph 1 of subdivision (a) of section 25-aa of the general
14 city law, as amended by section 5 of subpart E of part GG of chapter 59
15 of the laws of 2014, is amended to read as follows:
16 (1) is eligible to obtain benefits under title two-D or two-F of arti-
17 cle four of the real property tax law, or would be eligible to receive
18 benefits under such title except that such property is exempt from real
19 property taxation and the requirements of paragraph (b) of subdivision
20 seven of section four hundred eighty-nine-dddd of such title two-D, or
21 the requirements of subparagraph (ii) of paragraph (b) of subdivision
22 five of section four hundred eighty-nine-cccccc of such title two-F,
23 whichever is applicable, of the real property tax law have not been
24 satisfied, provided that application for such benefits was made after
25 the thirtieth day of June, nineteen hundred ninety-five and before the
26 first day of July, two thousand [fifteen] nineteen, that construction or
27 renovation of such building or structure was described in such applica-
28 tion, that such building or structure has been substantially improved by
29 such construction or renovation, and (i) that the minimum required
30 expenditure as defined in such title has been made, or (ii) where there
31 is no applicable minimum required expenditure, the building was
32 constructed within such period or periods of time established by title
33 two-D or two-F, whichever is applicable, of article four of the real
34 property tax law for construction of a new building or structure; or
35 § 6. Paragraphs 2 and 3 of subdivision (a) of section 25-aa of the
36 general city law, as amended by section 6 of subpart E of part GG of
37 chapter 59 of the laws of 2014, are amended to read as follows:
38 (2) has obtained approval after the thirtieth day of June, nineteen
39 hundred ninety-five and before the first day of July, two thousand
40 [fifteen] nineteen, for financing by an industrial development agency
41 established pursuant to article eighteen-A of the general municipal law,
42 provided that such financing has been used in whole or in part to
43 substantially improve such building or structure by construction or
44 renovation, that expenditures have been made for improvements to such
45 real property in excess of twenty per centum of the value at which such
46 real property was assessed for tax purposes for the tax year in which
47 such improvements commenced, and that such expenditures have been made
48 within thirty-six months after the earlier of (i) the issuance by such
49 agency of bonds for such financing, or (ii) the conveyance of title to
50 such building or structure to such agency; or
51 (3) is owned by the city of New York or the New York state urban
52 development corporation, or a subsidiary corporation thereof, a lease
53 for which was approved in accordance with the applicable provisions of
54 the charter of such city or by the board of directors of such corpo-
55 ration, as the case may be, and such approval was obtained after the
56 thirtieth day of June, nineteen hundred ninety-five and before the first
S. 6008 13
1 day of July, two thousand [fifteen] nineteen, provided that expenditures
2 have been made for improvements to such real property in excess of twen-
3 ty per centum of the value at which such real property was assessed for
4 tax purposes for the tax year in which such improvements commenced, and
5 that such expenditures have been made within thirty-six months after the
6 effective date of such lease; or
7 § 7. Subdivision (f) of section 25-bb of the general city law, as
8 amended by section 7 of subpart E of part GG of chapter 59 of the laws
9 of 2014, is amended to read as follows:
10 (f) Application and certification. An owner or lessee of a building or
11 structure located in an eligible revitalization area, or an agent of
12 such owner or lessee, may apply to such department of small business
13 services for certification that such building or structure is an eligi-
14 ble building or targeted eligible building meeting the criteria of
15 subdivision (a) or (q) of section twenty-five-aa of this article.
16 Application for such certification must be filed after the thirtieth day
17 of June, nineteen hundred ninety-five and before a building permit is
18 issued for the construction or renovation required by such subdivisions
19 and before the first day of July, two thousand [fifteen] nineteen,
20 provided that no certification for a targeted eligible building shall be
21 issued after October thirty-first, two thousand. Such application shall
22 identify expenditures to be made that will affect eligibility under such
23 subdivision (a) or (q). Upon completion of such expenditures, an appli-
24 cant shall supplement such application to provide information (i) estab-
25 lishing that the criteria of such subdivision (a) or (q) have been met;
26 (ii) establishing a basis for determining the amount of special rebates,
27 including a basis for an allocation of the special rebate among eligible
28 revitalization area energy users purchasing or otherwise receiving ener-
29 gy services from an eligible redistributor of energy or a qualified
30 eligible redistributor of energy; and (iii) supporting an allocation of
31 charges for energy services between eligible charges and other charges.
32 Such department shall certify a building or structure as an eligible
33 building or targeted eligible building after receipt and review of such
34 information and upon a determination that such information establishes
35 that the building or structure qualifies as an eligible building or
36 targeted eligible building. Such department shall mail such certif-
37 ication or notice thereof to the applicant upon issuance. Such certif-
38 ication shall remain in effect provided the eligible redistributor of
39 energy or qualified eligible redistributor of energy reports any changes
40 that materially affect the amount of the special rebates to which it is
41 entitled or the amount of reduction required by subdivision (c) of this
42 section in an energy services bill of an eligible revitalization area
43 energy user and otherwise complies with the requirements of this arti-
44 cle. Such department shall notify the private utility or public utility
45 service required to make a special rebate to such redistributor of the
46 amount of such special rebate established at the time of certification
47 and any changes in such amount and any suspension or termination by such
48 department of certification under this subdivision. Such department may
49 require some or all of the information required as part of an applica-
50 tion or other report be provided by a licensed engineer.
51 § 8. Paragraph 1 of subdivision (i) of section 22-601 of the adminis-
52 trative code of the city of New York, as amended by section 8 of subpart
53 E of part GG of chapter 59 of the laws of 2014, is amended to read as
54 follows:
55 (1) Non-residential premises that are wholly contained in property
56 that is eligible to obtain benefits under part four or part five of
S. 6008 14
1 subchapter two of chapter two of title eleven of this code, or would be
2 eligible to receive benefits under such chapter except that such proper-
3 ty is exempt from real property taxation and the requirements of para-
4 graph two of subdivision g of section 11-259 of this code, or the
5 requirements of subparagraph (b) of paragraph two of subdivision e of
6 section 11-270 of this code, whichever is applicable, have not been
7 satisfied, provided that application for such benefits was made after
8 May third, nineteen hundred eighty-five and prior to July first, two
9 thousand [fifteen] nineteen, that construction or renovation of such
10 premises was described in such application, that such premises have been
11 substantially improved by such construction or renovation so described,
12 that the minimum required expenditure as defined in such part four or
13 part five, whichever is applicable, has been made, and that such real
14 property is located in an eligible area; or
15 § 9. Paragraph 3 of subdivision (i) of section 22-601 of the adminis-
16 trative code of the city of New York, as amended by section 9 of subpart
17 E of part GG of chapter 59 of the laws of 2014, is amended to read as
18 follows:
19 (3) non-residential premises that are wholly contained in real proper-
20 ty that has obtained approval after October thirty-first, two thousand
21 and prior to July first, two thousand [fifteen] nineteen for financing
22 by an industrial development agency established pursuant to article
23 eighteen-A of the general municipal law, provided that such financing
24 has been used in whole or in part to substantially improve such premises
25 (by construction or renovation), and that expenditures have been made
26 for improvements to such real property in excess of ten per centum of
27 the value at which such real property was assessed for tax purposes for
28 the tax year in which such improvements commenced, that such expendi-
29 tures have been made within thirty-six months after the earlier of (i)
30 the issuance by such agency of bonds for such financing, or (ii) the
31 conveyance of title to such property to such agency, and that such real
32 property is located in an eligible area; or
33 § 10. Paragraph 5 of subdivision (i) of section 22-601 of the adminis-
34 trative code of the city of New York, as amended by section 10 of
35 subpart E of part GG of chapter 59 of the laws of 2014, is amended to
36 read as follows:
37 (5) non-residential premises that are wholly contained in real proper-
38 ty owned by such city or the New York state urban development corpo-
39 ration, or a subsidiary thereof, a lease for which was approved in
40 accordance with the applicable provisions of the charter of such city or
41 by the board of directors of such corporation, and such approval was
42 obtained after October thirty-first, two thousand and prior to July
43 first, two thousand [fifteen] nineteen, provided, however, that such
44 premises were constructed or renovated subsequent to such approval, that
45 expenditures have been made subsequent to such approval for improvements
46 to such real property (by construction or renovation) in excess of ten
47 per centum of the value at which such real property was assessed for tax
48 purposes for the tax year in which such improvements commenced, that
49 such expenditures have been made within thirty-six months after the
50 effective date of such lease, and that such real property is located in
51 an eligible area; or
52 § 11. Paragraph 1 of subdivision (c) of section 22-602 of the adminis-
53 trative code of the city of New York, as amended by section 11 of
54 subpart E of part GG of chapter 59 of the laws of 2014, is amended to
55 read as follows:
S. 6008 15
1 (1) No eligible energy user, qualified eligible energy user, on-site
2 cogenerator, clean on-site cogenerator or special eligible energy user
3 shall receive a rebate pursuant to this chapter until it has obtained a
4 certification as an eligible energy user, qualified eligible energy
5 user, on-site cogenerator, clean on-site cogenerator or special eligible
6 energy user, respectively, from the commissioner of small business
7 services. No such certification for a qualified eligible energy user
8 shall be issued on or after July first, two thousand three. No such
9 certification of any other eligible energy user, on-site cogenerator or
10 clean on-site cogenerator shall be issued on or after July first, two
11 thousand [fifteen] nineteen. The commissioner of small business
12 services, after notice and hearing, may revoke a certification issued
13 pursuant to this subdivision where it is found that eligibility criteria
14 have not been met or that compliance with conditions for continued
15 eligibility has not been maintained. The corporation counsel may main-
16 tain a civil action to recover an amount equal to any benefits improper-
17 ly obtained.
18 § 12. This act shall take effect immediately and shall be deemed to
19 have been in full force and effect after June 30, 2015.
20 PART G
21 Section 1. Subparagraph (b-2) of paragraph 2 of subdivision i of
22 section 11-704 of the administrative code of the city of New York, as
23 amended by section 1 of subpart F of part GG of chapter 59 of the laws
24 of 2014, is amended to read as follows:
25 (b-2) The amount of the special reduction allowed by this subdivision
26 with respect to a lease other than a sublease commencing between July
27 first, two thousand five and June thirtieth, two thousand [fifteen]
28 nineteen with an initial or renewal lease term of at least five years
29 shall be determined as follows:
30 (i) For the base year the amount of such special reduction shall be
31 equal to the base rent for the base year.
32 (ii) For the first, second, third and fourth twelve-month periods
33 following the base year the amount of such special reduction shall be
34 equal to the lesser of (A) the base rent for each such twelve-month
35 period or (B) the base rent for the base year.
36 § 2. This act shall take effect immediately and shall be deemed to
37 have been in full force and effect after June 30, 2015.
38 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
39 sion, section or part of this act shall be adjudged by any court of
40 competent jurisdiction to be invalid, such judgment shall not affect,
41 impair, or invalidate the remainder thereof, but shall be confined in
42 its operation to the clause, sentence, paragraph, subdivision, section
43 or part thereof directly involved in the controversy in which such judg-
44 ment shall have been rendered. It is hereby declared to be the intent of
45 the legislature that this act would have been enacted even if such
46 invalid provisions had not been included herein.
47 § 3. This act shall take effect immediately provided, however, that
48 the applicable effective date of Parts A through G of this act shall be
49 as specifically set forth in the last section of such Parts.
