S T A T E O F N E W Y O R K
________________________________________________________________________
5935
2009-2010 Regular Sessions
I N S E N A T E
June 19, 2009
___________
Introduced by Sen. PADAVAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the general city law and the administrative code of the
city of New York, in relation to eligibility of beneficiaries of the
industrial and commercial abatement program for special rebates and
discounts provided pursuant to the energy cost savings program and the
lower Manhattan energy program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 1 of subdivision (b) of section 25-s of the
general city law, as amended by chapter 255 of the laws of 2007, is
amended to read as follows:
(1) non-residential premises that are wholly contained in property
that is eligible to obtain benefits under title two-D OR TWO-F of arti-
cle four of the real property tax law, or would be eligible to receive
benefits under such article except that such property is exempt from
real property taxation and the requirements of paragraph (b) of subdivi-
sion seven of section four hundred eighty-nine-dddd of such [law] TITLE
TWO-D, OR THE REQUIREMENTS OF SUBPARAGRAPH (II) OF PARAGRAPH (B) OF
SUBDIVISION FIVE OF SECTION FOUR HUNDRED EIGHTY-NINE-CCCCCC OF SUCH
TITLE TWO-F, WHICHEVER IS APPLICABLE, have not been satisfied, provided
that application for such benefits was made after May third, nineteen
hundred eighty-five and prior to July first, two thousand ten, that
construction or renovation of such premises was described in such appli-
cation, that such premises have been substantially improved by such
construction or renovation so described, that the minimum required
expenditure as defined in such title TWO-D OR TWO-F, WHICHEVER IS APPLI-
CABLE, has been made, and that such real property is located in an
eligible area; or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14331-01-9
S. 5935 2
S 2. Paragraph 6 of subdivision (b) of section 25-s of the general
city law, as amended by chapter 472 of the laws of 2000, is amended to
read as follows:
(6) nonresidential premises contained in real property not located in
an eligible area that otherwise meet the criteria of paragraph one, two,
three, four or five of this subdivision, where such premises shall be
used primarily for manufacturing activities and provided that such prem-
ises shall be improved as a result of expenditures in an amount in
excess of ten per centum of the assessed value of such real property
attributable to such premises at which such real property was assessed
for tax purposes for the tax year in which such improvements commenced,
EXCEPT THAT THE REQUIRED EXPENDITURES FOR IMPROVEMENTS TO PROPERTY
ELIGIBLE TO OBTAIN BENEFITS UNDER TITLE TWO-F OF ARTICLE FOUR OF THE
REAL PROPERTY TAX LAW SHALL BE THE AMOUNT THAT AN APPLICANT MUST EXPEND
ON CONSTRUCTION WORK FOR A PROJECT IN ORDER TO QUALIFY FOR BENEFITS AS
PROVIDED IN SUCH TITLE. Attribution of value shall be made in accord-
ance with the rules and regulations of the city agency designated in the
local law enacted pursuant to section twenty-five-t of this article.
Only expenditures for improvements that have been identified as part of
the construction or reconstruction project meeting the requirements of
paragraph one, two, three, four or five of this subdivision, whichever
is applicable, shall qualify for purposes of satisfying the minimum
expenditure requirements of this subdivision. Notwithstanding the fore-
going, for purposes of applying the criteria of this subdivision, the
reference to May third, nineteen hundred eighty-five contained in para-
graphs one, two and four of this subdivision shall be deemed a reference
to May first, nineteen hundred eighty-six.
S 3. Paragraph 1 of subdivision (a) of section 25-aa of the general
city law, as amended by chapter 255 of the laws of 2007, is amended to
read as follows:
(1) is eligible to obtain benefits under title two-D OR TWO-F of arti-
cle four of the real property tax law, or would be eligible to receive
benefits under such title except that such property is exempt from real
property taxation and the requirements of paragraph (b) of subdivision
seven of section four hundred eighty-nine-dddd of SUCH TITLE TWO-D, OR
THE REQUIREMENTS OF SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION
FIVE OF SECTION FOUR HUNDRED EIGHTY-NINE-CCCCCC OF SUCH TITLE TWO-F,
WHICHEVER IS APPLICABLE, OF the real property tax law have not been
satisfied, provided that application for such benefits was made after
the thirtieth day of June, nineteen hundred ninety-five and before the
first day of July, two thousand ten, that construction or renovation of
such building or structure was described in such application, that such
building or structure has been substantially improved by such
construction or renovation, and (i) that the minimum required expendi-
ture as defined in such title has been made, or (ii) where there is no
applicable minimum required expenditure, the building was constructed
within such period or periods of time established by title two-D OR
TWO-F, WHICHEVER IS APPLICABLE, of article four of the real property tax
law for construction of a new building or structure; or
S 4. Paragraph 1 of subdivision (i) of section 22-601 of the adminis-
trative code of the city of New York, as amended by chapter 255 of the
laws of 2007, is amended to read as follows:
(1) Non-residential premises that are wholly contained in property
that is eligible to obtain benefits under part four OR PART FIVE of
subchapter two of chapter two of title eleven of this code, or would be
eligible to receive benefits under such chapter except that such proper-
S. 5935 3
ty is exempt from real property taxation and the requirements of para-
graph two of subdivision g of section 11-259 of this code, OR THE
REQUIREMENTS OF SUBPARAGRAPH (B) OF PARAGRAPH TWO OF SUBDIVISION E OF
SECTION 11-270 OF THIS CODE, WHICHEVER IS APPLICABLE, have not been
satisfied, provided that application for such benefits was made after
May third, nineteen hundred eighty-five and prior to July first, two
thousand ten, that construction or renovation of such premises was
described in such application, that such premises have been substantial-
ly improved by such construction or renovation so described, that the
minimum required expenditure as defined in such [chapter] PART FOUR OR
PART FIVE, WHICHEVER IS APPLICABLE, has been made, and that such real
property is located in an eligible area; or
S 5. Paragraph 6 of subdivision (i) of section 22-601 of the adminis-
trative code of the city of New York, as amended by chapter 472 of the
laws of 2000, is amended to read as follows:
(6) non-residential premises contained in real property not located in
an eligible area that otherwise meet the criteria of paragraph one, two,
three, four or five of this subdivision, where such premises shall be
used primarily for manufacturing activities and provided that such prem-
ises shall be improved as a result of expenditures in an amount in
excess of ten per centum of the assessed value of such real property
attributable to such premises at which such real property was assessed
for tax purposes for the tax year in which such improvements commenced,
EXCEPT THAT THE REQUIRED EXPENDITURES FOR IMPROVEMENTS TO PROPERTY
ELIGIBLE TO OBTAIN BENEFITS UNDER PART FIVE OF SUBCHAPTER TWO OF CHAPTER
TWO OF TITLE ELEVEN OF THIS CODE SHALL BE THE AMOUNT THAT AN APPLICANT
MUST EXPEND ON CONSTRUCTION WORK FOR A PROJECT IN ORDER TO QUALIFY FOR
BENEFITS AS PROVIDED IN SUCH PART FIVE. Attribution of value shall be
made in accordance with the rules and regulations of the mayor. Only
expenditures for improvements that have been identified as part of the
construction or reconstruction project meeting the requirements of para-
graph one, two, three, four or five of this subdivision, whichever is
applicable, shall qualify for purposes of satisfying the minimum expend-
iture requirements of this subdivision. Notwithstanding the foregoing,
for purposes of applying the criteria of this subdivision, the reference
to May third, nineteen hundred eighty-five contained in paragraphs one,
two and four of this subdivision shall be deemed a reference to May
first, nineteen hundred eighty-six.
S 6. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after July 1, 2008.