S T A T E   O F   N E W   Y O R K
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                                   421

                      Seventh Extraordinary Session

                            I N  S E N A T E

                              June 28, 2009
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- 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. 421                              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. 421                              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.