S. 2 2 A. 2
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
relating to issues deemed necessary for the state. Each component of
this act is wholly contained within a Part identified as Parts A through
K. The effective date for each particular provision contained within
such Part is set forth in the last section of such Part. Any provision
in any section contained within a Part, including the effective date of
the Part, which makes reference to a section "of this act", when used in
connection with that particular component, shall be deemed to mean and
refer to the corresponding section of the Part in which it is found.
Section three of this act sets forth the general effective date of this
act.
PART A
Section 1. Paragraph 1 of subsection (a) of section 601 of the tax law
is renumbered to be paragraph 1-a and a new paragraph 1 is added to read
as follows:
(1) (A) FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND ELEVEN AND
BEFORE TWO THOUSAND FIFTEEN:
IF THE NEW YORK TAXABLE INCOME IS: THE TAX IS:
NOT OVER $16,000 4% OF TAXABLE INCOME
OVER $16,000 BUT NOT OVER $22,000 $640 PLUS 4.5% OF EXCESS OVER
$16,000
OVER $22,000 BUT NOT OVER $26,000 $910 PLUS 5.25% OF EXCESS OVER
$22,000
OVER $26,000 BUT NOT OVER $40,000 $1,120 PLUS 5.90% OF EXCESS OVER
$26,000
OVER $40,000 BUT NOT OVER $150,000 $1,946 PLUS 6.45% OF EXCESS OVER
$40,000
OVER $150,000 BUT NOT OVER $300,000 $9,041 PLUS 6.65% OF EXCESS OVER
$150,000
OVER $300,000 BUT NOT OVER $2,000,000 $19,016 PLUS 6.85% OF EXCESS OVER
$300,000
OVER $2,000,000 $135,466 PLUS 8.82% OF EXCESS OVER
$2,000,000
(B) FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND FOURTEEN, THE
FOLLOWING BRACKETS AND DOLLAR AMOUNTS SHALL APPLY, AS ADJUSTED BY THE
COST OF LIVING ADJUSTMENT PRESCRIBED IN SECTION SIX HUNDRED ONE-A OF
THIS PART FOR TAX YEARS TWO THOUSAND THIRTEEN AND TWO THOUSAND FOURTEEN:
IF THE NEW YORK TAXABLE INCOME IS: THE TAX IS:
NOT OVER $16,000 4% OF TAXABLE INCOME
OVER $16,000 BUT NOT OVER $22,000 $640 PLUS 4.5% OF EXCESS OVER
$16,000
OVER $22,000 BUT NOT OVER $26,000 $910 PLUS 5.25% OF EXCESS OVER
$22,000
OVER $26,000 BUT NOT OVER $40,000 $1,120 PLUS 5.90% OF EXCESS OVER
$26,000
OVER $40,000 $1,946 PLUS 6.85% OF EXCESS OVER
$40,000
S. 2 3 A. 2
S 2. The opening paragraph of paragraph 2 of subsection (a) of section
601 of the tax law, as amended by section 1 of part Z-1 of chapter 57 of
the laws of 2009, is amended to read as follows:
For taxable years beginning after two thousand five and before two
thousand nine [and after two thousand eleven]:
S 3. Paragraph 1 of subsection (b) of section 601 of the tax law is
renumbered to be paragraph 1-a and a new paragraph 1 is added to read as
follows:
(1) (A) FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND ELEVEN AND
BEFORE TWO THOUSAND FIFTEEN:
IF THE NEW YORK TAXABLE INCOME IS: THE TAX IS:
NOT OVER $12,000 4% OF TAXABLE INCOME
OVER $12,000 BUT NOT OVER $16,500 $480 PLUS 4.5% OF EXCESS OVER
$12,000
OVER $16,500 BUT NOT OVER $19,500 $683 PLUS 5.25% OF EXCESS OVER
$16,500
OVER $19,500 BUT NOT OVER $30,000 $840 PLUS 5.90% OF EXCESS OVER
$19,500
OVER $30,000 BUT NOT OVER $100,000 $1,460 PLUS 6.45% OF EXCESS OVER
$30,000
OVER $100,000 BUT NOT OVER $250,000 $5,975 PLUS 6.65% OF EXCESS OVER
$100,000
OVER $250,000 BUT NOT OVER $1,500,000 $15,950 PLUS 6.85% OF EXCESS OVER
$250,000
OVER $1,500,000 $101,575 PLUS 8.82% OF EXCESS OVER
$1,500,000
(B) FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND FOURTEEN, THE
FOLLOWING BRACKETS AND DOLLARS AMOUNTS SHALL APPLY, AS ADJUSTED BY THE
COST OF LIVING ADJUSTMENT PRESCRIBED IN SECTION SIX HUNDRED ONE-A OF
THIS PART FOR TAX YEARS TWO THOUSAND THIRTEEN AND TWO THOUSAND FOURTEEN:
IF THE NEW YORK TAXABLE INCOME IS: THE TAX IS:
NOT OVER $12,000 4% OF TAXABLE INCOME
OVER $12,000 BUT NOT OVER $16,500 $480 PLUS 4.5% OF EXCESS OVER
$12,000
OVER $16,500 BUT NOT OVER $19,500 $683 PLUS 5.25% OF EXCESS OVER
$16,500
OVER $19,500 BUT NOT OVER $30,000 $840 PLUS 5.90% OF EXCESS OVER
$19,500
OVER $30,000 $1,460 PLUS 6.85% OF EXCESS OVER
$30,000
S 4. The opening paragraph of paragraph 2 of subsection (b) of section
601 of the tax law, as amended by section 1 of part Z-1 of chapter 57 of
the laws of 2009, is amended to read as follows:
For taxable years beginning after two thousand five and before two
thousand nine [and after two thousand eleven]:
S 5. Paragraph 1 of subsection (c) of section 601 of the tax law is
renumbered to be paragraph 1-a and a new paragraph 1 is added to read as
follows:
(1) (A) FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND ELEVEN AND
BEFORE TWO THOUSAND FIFTEEN:
S. 2 4 A. 2
IF THE NEW YORK TAXABLE INCOME IS: THE TAX IS:
NOT OVER $8,000 4% OF TAXABLE INCOME
OVER $8,000 BUT NOT OVER $11,000 $320 PLUS 4.5% OF EXCESS OVER
$8,000
OVER $11,000 BUT NOT OVER $13,000 $455 PLUS 5.25% OF EXCESS OVER
$11,000
OVER $13,000 BUT NOT OVER $20,000 $560 PLUS 5.90% OF EXCESS OVER
$13,000
OVER $20,000 BUT NOT OVER $75,000 $973 PLUS 6.45% OF EXCESS OVER
$20,000
OVER $75,000 BUT NOT OVER $200,000 $4,521 PLUS 6.65% OF EXCESS OVER
$75,000
OVER $200,000 BUT NOT OVER $1,000,000 $12,833 PLUS 6.85% OF EXCESS OVER
$200,000
OVER $1,000,000 $67,633 PLUS 8.82% OF EXCESS OVER
$1,000,000
(B) FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND FOURTEEN, THE
FOLLOWING BRACKETS AND DOLLARS AMOUNTS SHALL APPLY, AS ADJUSTED BY THE
COST OF LIVING ADJUSTMENT PRESCRIBED IN SECTION SIX HUNDRED ONE-A OF
THIS PART FOR TAX YEARS TWO THOUSAND THIRTEEN AND TWO THOUSAND FOURTEEN:
IF THE NEW YORK TAXABLE INCOME IS: THE TAX IS:
NOT OVER $8,000 4% OF TAXABLE INCOME
OVER $8,000 BUT NOT OVER $11,000 $320 PLUS 4.5% OF EXCESS OVER
$8,000
OVER $11,000 BUT NOT OVER $13,000 $455 PLUS 5.25% OF EXCESS OVER
$11,000
OVER $13,000 BUT NOT OVER $20,000 $560 PLUS 5.90% OF EXCESS OVER
$13,000
OVER $20,000 $973 PLUS 6.85% OF EXCESS OVER
$20,000
S 6. The opening paragraph of paragraph 2 of subsection (c) of section
601 of the tax law, as amended by section 1 of part Z-1 of chapter 57 of
the laws of 2009, is amended to read as follows:
For taxable years beginning after two thousand five and before two
thousand nine [and after two thousand eleven]:
S 7. Section 601 of the tax law is amended by adding a new subsection
(d-1) to read as follows:
(D-1) ALTERNATIVE TAX TABLE BENEFIT RECAPTURE. NOTWITHSTANDING THE
PROVISIONS OF SUBSECTION (D) OF THIS SECTION, FOR TAXABLE YEARS BEGIN-
NING AFTER TWO THOUSAND ELEVEN AND BEFORE TWO THOUSAND FIFTEEN, THERE IS
HEREBY IMPOSED A SUPPLEMENTAL TAX IN ADDITION TO THE TAX IMPOSED UNDER
SUBSECTIONS (A), (B) AND (C) OF THIS SECTION FOR THE PURPOSE OF RECAP-
TURING THE BENEFIT OF THE TAX TABLES CONTAINED IN SUCH SUBSECTIONS.
DURING THESE TAXABLE YEARS, ANY REFERENCE IN THIS CHAPTER TO SUBSECTION
(D) OF THIS SECTION SHALL BE READ AS A REFERENCE TO THIS SUBSECTION.
(1) FOR RESIDENT MARRIED INDIVIDUALS FILING JOINT RETURNS AND RESIDENT
SURVIVING SPOUSES, THE SUPPLEMENTAL TAX SHALL BE AN AMOUNT EQUAL TO THE
SUM OF THE TAX TABLE BENEFITS DESCRIBED IN SUBPARAGRAPHS (A), (B), (C)
AND (D) OF THIS PARAGRAPH MULTIPLIED BY THEIR RESPECTIVE FRACTIONS IN
SUCH SUBPARAGRAPHS.
(A) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN PARAGRAPH ONE OF SUBSECTION
(A) OF THIS SECTION NOT SUBJECT TO THE 6.45 PERCENT RATE OF TAX FOR THE
S. 2 5 A. 2
TAXABLE YEAR MULTIPLIED BY SUCH RATE AND (II) THE DOLLAR DENOMINATED TAX
FOR SUCH AMOUNT OF TAXABLE INCOME SET FORTH IN THE TAX TABLE APPLICABLE
TO THE TAXABLE YEAR IN PARAGRAPH ONE OF SUBSECTION (A) OF THIS SECTION.
THE FRACTION FOR THIS SUBPARAGRAPH IS COMPUTED AS FOLLOWS: THE NUMERATOR
IS THE LESSER OF FIFTY THOUSAND DOLLARS OR THE EXCESS OF NEW YORK
ADJUSTED GROSS INCOME FOR THE TAXABLE YEAR OVER ONE HUNDRED THOUSAND
DOLLARS AND THE DENOMINATOR IS FIFTY THOUSAND DOLLARS.
(B) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN PARAGRAPH ONE OF SUBSECTION
(A) OF THIS SECTION NOT SUBJECT TO THE 6.65 PERCENT RATE OF TAX FOR THE
TAXABLE YEAR MULTIPLIED BY SUCH RATE AND (II) THE DOLLAR DENOMINATED TAX
FOR SUCH AMOUNT OF TAXABLE INCOME SET FORTH IN THE TAX TABLE APPLICABLE
TO THE TAXABLE YEAR IN PARAGRAPH ONE OF SUBSECTION (A) OF THIS SECTION
LESS THE TAX TABLE BENEFIT IN SUBPARAGRAPH (A) OF THIS PARAGRAPH. THE
FRACTION FOR THIS SUBPARAGRAPH IS COMPUTED AS FOLLOWS: THE NUMERATOR IS
THE LESSER OF FIFTY THOUSAND DOLLARS OR THE EXCESS OF NEW YORK ADJUSTED
GROSS INCOME FOR THE TAXABLE YEAR OVER ONE HUNDRED FIFTY THOUSAND
DOLLARS AND THE DENOMINATOR IS FIFTY THOUSAND DOLLARS. PROVIDED, HOWEV-
ER, THIS SUBPARAGRAPH SHALL NOT APPLY TO TAXPAYERS WHO ARE NOT SUBJECT
TO THE 6.65 PERCENT TAX RATE.
(C) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN PARAGRAPH ONE OF SUBSECTION
(A) OF THIS SECTION NOT SUBJECT TO THE 6.85 PERCENT RATE OF TAX FOR THE
TAXABLE YEAR MULTIPLIED BY SUCH RATE AND (II) THE DOLLAR DENOMINATED TAX
FOR SUCH AMOUNT OF TAXABLE INCOME SET FORTH IN THE TAX TABLE APPLICABLE
TO THE TAXABLE YEAR IN PARAGRAPH ONE OF SUBSECTION (A) OF THIS SECTION
LESS THE SUM OF THE TAX TABLE BENEFIT IN SUBPARAGRAPHS (A) AND (B) OF
THIS PARAGRAPH. THE FRACTION FOR THIS SUBPARAGRAPH IS COMPUTED AS
FOLLOWS: THE NUMERATOR IS THE LESSER OF FIFTY THOUSAND DOLLARS OR THE
EXCESS OF NEW YORK ADJUSTED GROSS INCOME FOR THE TAXABLE YEAR OVER THREE
HUNDRED THOUSAND DOLLARS AND THE DENOMINATOR IS FIFTY THOUSAND DOLLARS.
PROVIDED, HOWEVER, THIS SUBPARAGRAPH SHALL NOT APPLY TO TAXPAYERS WHO
ARE NOT SUBJECT TO THE 6.85 PERCENT TAX RATE.
(D) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN PARAGRAPH ONE OF SUBSECTION
(A) OF THIS SECTION NOT SUBJECT TO THE 8.82 PERCENT RATE OF TAX FOR THE
TAXABLE YEAR MULTIPLIED BY SUCH RATE AND (II) THE DOLLAR DENOMINATED TAX
FOR SUCH AMOUNT OF TAXABLE INCOME SET FORTH IN THE TAX TABLE APPLICABLE
TO THE TAXABLE YEAR IN PARAGRAPH ONE OF SUBSECTION (A) OF THIS SECTION
LESS THE SUM OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A), (B) AND (C)
OF THIS PARAGRAPH. THE FRACTION FOR THIS SUBPARAGRAPH IS COMPUTED AS
FOLLOWS: THE NUMERATOR IS THE LESSER OF FIFTY THOUSAND DOLLARS OR THE
EXCESS OF NEW YORK ADJUSTED GROSS INCOME FOR THE TAXABLE YEAR OVER TWO
MILLION DOLLARS AND THE DENOMINATOR IS FIFTY THOUSAND DOLLARS. THIS
SUBPARAGRAPH SHALL APPLY ONLY TO TAXABLE YEARS BEGINNING ON OR AFTER
JANUARY FIRST, TWO THOUSAND TWELVE AND BEFORE JANUARY FIRST, TWO THOU-
SAND FIFTEEN.
(E) PROVIDED, HOWEVER, THE TOTAL TAX PRIOR TO THE APPLICATION OF ANY
TAX CREDITS SHALL NOT EXCEED THE HIGHEST RATE OF TAX SET FORTH IN THE
TAX TABLES IN SUBSECTION (A) OF THIS SECTION MULTIPLIED BY THE TAXPAY-
ER'S TAXABLE INCOME.
(2) FOR RESIDENT HEADS OF HOUSEHOLDS, THE SUPPLEMENTAL TAX SHALL BE AN
AMOUNT EQUAL TO THE SUM OF THE TAX TABLE BENEFITS DESCRIBED IN SUBPARA-
GRAPHS (A), (B) AND (C) OF THIS PARAGRAPH MULTIPLIED BY THEIR RESPECTIVE
FRACTIONS IN SUCH SUBPARAGRAPHS.
S. 2 6 A. 2
(A) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN PARAGRAPH ONE OF SUBSECTION
(B) OF THIS SECTION NOT SUBJECT TO THE 6.65 PERCENT RATE OF TAX FOR THE
TAXABLE YEAR MULTIPLIED BY SUCH RATE AND (II) THE DOLLAR DENOMINATED TAX
FOR SUCH AMOUNT OF TAXABLE INCOME SET FORTH IN THE TAX TABLE APPLICABLE
TO THE TAXABLE YEAR IN PARAGRAPH ONE OF SUBSECTION (B) OF THIS SECTION.
THE FRACTION FOR THIS SUBPARAGRAPH IS COMPUTED AS FOLLOWS: THE NUMERATOR
IS THE LESSER OF FIFTY THOUSAND DOLLARS OR THE EXCESS OF NEW YORK
ADJUSTED GROSS INCOME FOR THE TAXABLE YEAR OVER ONE HUNDRED THOUSAND
DOLLARS AND THE DENOMINATOR IS FIFTY THOUSAND DOLLARS.
(B) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN PARAGRAPH ONE OF SUBSECTION
(B) OF THIS SECTION NOT SUBJECT TO THE 6.85 PERCENT RATE OF TAX FOR THE
TAXABLE YEAR MULTIPLIED BY SUCH RATE AND (II) THE DOLLAR DENOMINATED TAX
FOR SUCH AMOUNT OF TAXABLE INCOME SET FORTH IN THE TAX TABLE APPLICABLE
TO THE TAXABLE YEAR IN PARAGRAPH ONE OF SUBSECTION (B) OF THIS SECTION
LESS THE TAX TABLE BENEFIT IN SUBPARAGRAPH (A) OF THIS PARAGRAPH. THE
FRACTION FOR THIS SUBPARAGRAPH IS COMPUTED AS FOLLOWS: THE NUMERATOR IS
THE LESSER OF FIFTY THOUSAND DOLLARS OR THE EXCESS OF NEW YORK ADJUSTED
GROSS INCOME FOR THE TAXABLE YEAR OVER TWO HUNDRED FIFTY THOUSAND
DOLLARS AND THE DENOMINATOR IS FIFTY THOUSAND DOLLARS. PROVIDED, HOWEV-
ER, THIS SUBPARAGRAPH SHALL NOT APPLY TO TAXPAYERS WHO ARE NOT SUBJECT
TO THE 6.85 PERCENT TAX RATE.
(C) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN PARAGRAPH ONE OF SUBSECTION
(B) OF THIS SECTION NOT SUBJECT TO THE 8.82 PERCENT RATE OF TAX FOR THE
TAXABLE YEAR MULTIPLIED BY SUCH RATE AND (II) THE DOLLAR DENOMINATED TAX
FOR SUCH AMOUNT OF TAXABLE INCOME SET FORTH IN THE TAX TABLE APPLICABLE
TO THE TAXABLE YEAR IN PARAGRAPH ONE OF SUBSECTION (B) OF THIS SECTION
LESS THE SUM OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A) AND (B) OF
THIS PARAGRAPH. THE FRACTION FOR THIS SUBPARAGRAPH IS COMPUTED AS
FOLLOWS: THE NUMERATOR IS THE LESSER OF FIFTY THOUSAND DOLLARS OR THE
EXCESS OF NEW YORK ADJUSTED GROSS INCOME FOR THE TAXABLE YEAR OVER ONE
MILLION FIVE HUNDRED THOUSAND DOLLARS AND THE DENOMINATOR IS FIFTY THOU-
SAND DOLLARS. THIS SUBPARAGRAPH SHALL APPLY ONLY TO TAXABLE YEARS BEGIN-
NING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWELVE AND BEFORE JANUARY
FIRST, TWO THOUSAND FIFTEEN.
(D) PROVIDED, HOWEVER, THE TOTAL TAX PRIOR TO THE APPLICATION OF ANY
TAX CREDITS SHALL NOT EXCEED THE HIGHEST RATE OF TAX SET FORTH IN THE
TAX TABLES IN SUBSECTION (B) OF THIS SECTION MULTIPLIED BY THE TAXPAY-
ER'S TAXABLE INCOME.
(3) FOR RESIDENT UNMARRIED INDIVIDUALS, RESIDENT MARRIED INDIVIDUALS
FILING SEPARATE RETURNS AND RESIDENT ESTATES AND TRUSTS, THE SUPPLE-
MENTAL TAX SHALL BE AN AMOUNT EQUAL TO THE SUM OF THE TAX TABLE BENEFITS
DESCRIBED IN SUBPARAGRAPHS (A), (B) AND (C) OF THIS PARAGRAPH MULTIPLIED
BY THEIR RESPECTIVE FRACTIONS IN SUCH SUBPARAGRAPHS.
(A) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN PARAGRAPH ONE OF SUBSECTION
(C) OF THIS SECTION NOT SUBJECT TO THE 6.65 PERCENT RATE OF TAX FOR THE
TAXABLE YEAR MULTIPLIED BY SUCH RATE AND (II) THE DOLLAR DENOMINATED TAX
FOR SUCH AMOUNT OF TAXABLE INCOME SET FORTH IN THE TAX TABLE APPLICABLE
TO THE TAXABLE YEAR IN PARAGRAPH ONE OF SUBSECTION (C) OF THIS SECTION.
THE FRACTION IS COMPUTED AS FOLLOWS: THE NUMERATOR IS THE LESSER OF
FIFTY THOUSAND DOLLARS OR THE EXCESS OF NEW YORK ADJUSTED GROSS INCOME
FOR THE TAXABLE YEAR OVER ONE HUNDRED THOUSAND DOLLARS AND THE DENOMINA-
TOR IS FIFTY THOUSAND DOLLARS.
S. 2 7 A. 2
(B) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN PARAGRAPH ONE OF SUBSECTION
(C) OF THIS SECTION NOT SUBJECT TO THE 6.85 PERCENT RATE OF TAX FOR THE
TAXABLE YEAR MULTIPLIED BY SUCH RATE AND (II) THE DOLLAR DENOMINATED TAX
FOR SUCH AMOUNT OF TAXABLE INCOME SET FORTH IN THE TAX TABLE APPLICABLE
TO THE TAXABLE YEAR IN PARAGRAPH ONE OF SUBSECTION (C) OF THIS SECTION
LESS THE TAX TABLE BENEFIT IN SUBPARAGRAPH (A) OF THIS PARAGRAPH. THE
FRACTION FOR THIS SUBPARAGRAPH IS COMPUTED AS FOLLOWS: THE NUMERATOR IS
THE LESSER OF FIFTY THOUSAND DOLLARS OR THE EXCESS OF NEW YORK ADJUSTED
GROSS INCOME FOR THE TAXABLE YEAR OVER TWO HUNDRED THOUSAND DOLLARS AND
THE DENOMINATOR IS FIFTY THOUSAND DOLLARS. PROVIDED, HOWEVER, THIS
SUBPARAGRAPH SHALL NOT APPLY TO TAXPAYERS WHO ARE NOT SUBJECT TO THE
6.85 PERCENT TAX RATE.
(C) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN PARAGRAPH ONE OF SUBSECTION
(C) OF THIS SECTION NOT SUBJECT TO THE 8.82 PERCENT RATE OF TAX FOR THE
TAXABLE YEAR MULTIPLIED BY SUCH RATE AND (II) THE DOLLAR DENOMINATED TAX
FOR SUCH AMOUNT OF TAXABLE INCOME SET FORTH IN THE TAX TABLE APPLICABLE
TO THE TAXABLE YEAR IN PARAGRAPH ONE OF SUBSECTION (C) OF THIS SECTION
LESS THE SUM OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A) AND (B) OF
THIS PARAGRAPH. THE FRACTION FOR THIS SUBPARAGRAPH IS COMPUTED AS
FOLLOWS: THE NUMERATOR IS THE LESSER OF FIFTY THOUSAND DOLLARS OR THE
EXCESS OF NEW YORK ADJUSTED GROSS INCOME FOR THE TAXABLE YEAR OVER ONE
MILLION DOLLARS AND THE DENOMINATOR IS FIFTY THOUSAND DOLLARS. THIS
SUBPARAGRAPH SHALL APPLY ONLY TO TAXABLE YEARS BEGINNING ON OR AFTER
JANUARY FIRST, TWO THOUSAND TWELVE AND BEFORE JANUARY FIRST, TWO THOU-
SAND FIFTEEN.
(D) PROVIDED, HOWEVER, THE TOTAL TAX PRIOR TO THE APPLICATION OF ANY
TAX CREDITS SHALL NOT EXCEED THE HIGHEST RATE OF TAX SET FORTH IN THE
TAX TABLES IN SUBSECTION (C) OF THIS SECTION MULTIPLIED BY THE TAXPAY-
ER'S TAXABLE INCOME.
S 8. Section 601 of the tax law is amended by adding a new subsection
(d-2) to read as follows:
(D-2) TAX TABLE BENEFIT RECAPTURE FOR TAX YEARS AFTER TWO THOUSAND
FOURTEEN. FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND FOURTEEN, THERE
IS HEREBY IMPOSED A SUPPLEMENTAL TAX IN ADDITION TO THE TAX IMPOSED
UNDER SUBSECTIONS (A), (B) AND (C) OF THIS SECTION FOR THE PURPOSE OF
RECAPTURING THE BENEFIT OF THE TAX TABLES CONTAINED IN SUCH SUBSECTIONS.
THE SUPPLEMENTAL TAX SHALL BE AN AMOUNT EQUAL TO THE TABLE BENEFIT IN
PARAGRAPH ONE OF THIS SUBSECTION MULTIPLIED BY THE FRACTION IN SUCH
PARAGRAPH. ANY REFERENCE IN THIS CHAPTER TO SUBSECTION (D) OF THIS
SECTION SHALL BE READ AS A REFERENCE TO THIS SUBSECTION.
(1) RESIDENT MARRIED INDIVIDUALS FILING JOINT RETURNS, RESIDENT
SURVIVING SPOUSES, RESIDENT HEADS OF HOUSEHOLDS, RESIDENT UNMARRIED
INDIVIDUALS, RESIDENT MARRIED INDIVIDUALS FILING SEPARATE RETURNS AND
RESIDENT ESTATES AND TRUSTS.
(A) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN SUBSECTION (A), (B) OR (C),
OF THIS SECTION, NOT SUBJECT TO THE 6.85 PERCENT RATE OF TAX FOR THE
TAXABLE YEAR MULTIPLIED BY SUCH RATE AND (II) THE DOLLAR DENOMINATED TAX
FOR SUCH AMOUNT OF TAXABLE INCOME SET FORTH IN THE TAX TABLE APPLICABLE
TO THE TAXABLE YEAR IN SUBSECTION (A), (B) OR (C) OF THIS SECTION.
(B) THE FRACTION IS COMPUTED AS FOLLOWS: THE NUMERATOR IS THE LESSER
OF FIFTY THOUSAND DOLLARS OR THE EXCESS OF NEW YORK ADJUSTED GROSS
INCOME FOR THE TAXABLE YEAR OVER ONE HUNDRED THOUSAND DOLLARS (AS SUCH
AMOUNT IS ADJUSTED BY THE COST OF LIVING ADJUSTMENT PRESCRIBED IN
S. 2 8 A. 2
SECTION SIX HUNDRED ONE-A OF THIS PART FOR TAX YEARS TWO THOUSAND THIR-
TEEN AND TWO THOUSAND FOURTEEN) AND THE DENOMINATOR IS FIFTY THOUSAND
DOLLARS.
S 9. The tax law is amended by adding a new section 601-a to read as
follows:
S 601-A. COST OF LIVING ADJUSTMENT. (A) FOR TAX YEAR TWO THOUSAND
THIRTEEN, THE COMMISSIONER, NOT LATER THAN SEPTEMBER FIRST, TWO THOUSAND
TWELVE, SHALL MULTIPLY THE AMOUNTS SPECIFIED IN SUBSECTION (B) OF THIS
SECTION FOR TAX YEAR TWO THOUSAND TWELVE BY ONE PLUS THE COST OF LIVING
ADJUSTMENT DESCRIBED IN SUBSECTION (C) OF THIS SECTION. FOR TAX YEAR TWO
THOUSAND FOURTEEN, THE COMMISSIONER, NOT LATER THAN SEPTEMBER FIRST, TWO
THOUSAND THIRTEEN, SHALL MULTIPLY THE AMOUNTS SPECIFIED IN SUBSECTION
(B) OF THIS SECTION FOR TAX YEAR TWO THOUSAND THIRTEEN BY ONE PLUS THE
COST OF LIVING ADJUSTMENT.
(B) THE FOLLOWING AMOUNTS SHALL BE INDEXED BY THE COST OF LIVING
ADJUSTMENT.
(1) THE DOLLAR AMOUNTS IN THE TAX TABLES SET FORTH IN PARAGRAPH ONE OF
SUBSECTION (A), PARAGRAPH ONE OF SUBSECTION (B) AND PARAGRAPH ONE OF
SUBSECTION (C) OF SECTION SIX HUNDRED ONE OF THIS PART.
(2) THE DOLLAR AMOUNT IN THE NUMERATOR OF THE FRACTIONS IN SUBSECTION
(D) OF SECTION SIX HUNDRED ONE OF THIS PART THAT IS NOT FIFTY THOUSAND
DOLLARS.
(3) THE NEW YORK STANDARD DEDUCTION OF A RESIDENT INDIVIDUAL IN
SECTION SIX HUNDRED FOURTEEN OF THIS ARTICLE.
(C) THE COST OF LIVING ADJUSTMENT FOR A TAX YEAR IS THE PERCENTAGE IF
ANY, BY WHICH THE AVERAGE MONTHLY VALUE OF THE CONSUMER PRICE INDEX FOR
THE TWELVE MONTH PERIOD ENDING ON JUNE THIRTIETH OF THE YEAR IMMEDIATELY
PRECEDING THE TAX YEAR FOR WHICH THE ADJUSTMENT IS BEING MADE (REFERRED
TO AS THE ADJUSTMENT YEAR) EXCEEDS THE AVERAGE MONTHLY VALUE OF THE
CONSUMER PRICE INDEX FOR THE TWELVE MONTH PERIOD ENDING ON JUNE THIRTI-
ETH OF THE YEAR IMMEDIATELY PRECEDING THE ADJUSTMENT YEAR. FOR PURPOSES
OF THIS SECTION, THE CONSUMER PRICE INDEX MEANS THE CONSUMER PRICE INDEX
FOR ALL URBAN CONSUMERS PUBLISHED BY THE UNITED STATES DEPARTMENT OF
LABOR.
(D) IF THE PRODUCT OF THE AMOUNTS IN SUBSECTION (B) AND SUBSECTION (C)
OF THIS SECTION IS NOT A MULTIPLE OF FIFTY DOLLARS, SUCH INCREASE SHALL
BE ROUNDED TO THE NEXT LOWEST MULTIPLE OF FIFTY DOLLARS.
S 10. Section 614 of the tax law is amended by adding a new subsection
(f) to read as follows:
(F) ADJUSTED STANDARD DEDUCTION. FOR TAXABLE YEARS BEGINNING AFTER TWO
THOUSAND FOURTEEN, THE STANDARD DEDUCTIONS SET FORTH IN THIS SECTION
SHALL BE ADJUSTED BY THE COST OF LIVING ADJUSTMENT PRESCRIBED IN SECTION
SIX HUNDRED ONE-A OF THIS PART FOR TAX YEARS TWO THOUSAND THIRTEEN AND
TWO THOUSAND FOURTEEN.
S 11. Notwithstanding any provision of law to the contrary, the method
of determining the amount to be deducted and withheld from wages on
account of taxes imposed by or pursuant to the authority of article 22
of the tax law in connection with the implementation of the provisions
of this act shall be prescribed by regulations of the commissioner of
taxation and finance with due consideration to the effect such withhold-
ing tables and methods would have on the receipt and amount of revenue.
The commissioner of taxation and finance shall adjust such withholding
tables and methods in regard to taxable years beginning in 2012 and
after in such manner as to result, so far as practicable, in withholding
from an employee's wages an amount substantially equivalent to the tax
reasonably estimated to be due for such taxable years as a result of the
S. 2 9 A. 2
provisions of this act. Any such regulations to implement a change in
withholding tables and methods for tax year 2012 shall be adopted and
effective as soon as practicable and the commissioner of taxation and
finance may adopt such regulations on an emergency basis notwithstanding
anything to the contrary in section 202 of the state administrative
procedure act. The commissioner of taxation and finance, in carrying out
the duties and responsibilities under this section, may accompany such a
rule making procedure with a similar procedure with respect to the taxes
required to be deducted and withheld by local laws imposing taxes pursu-
ant to the authority of articles 30, 30-A and 30-B of the tax law, the
provisions of any other law in relation to such a procedure to the
contrary notwithstanding. The withholding tables and methods for tax
years 2013 and 2014 shall not be prescribed by regulation, notwithstand-
ing any provision of the state administrative procedure act to the
contrary.
S 12. This act shall take effect immediately.
PART B
Section 1. Subsection (b) of section 800 of the tax law, as added by
section 1 of part C of chapter 25 of the laws of 2009, is amended to
read as follows:
(b) Employer. Employer means an employer required by section six
hundred seventy-one of this chapter to deduct and withhold tax from
wages, that has a payroll expense in excess of [two] THREE HUNDRED
TWELVE thousand five hundred dollars in any calendar quarter; other than
(1) any agency or instrumentality of the United States;
(2) the United Nations; [or]
(3) an interstate agency or public corporation created pursuant to an
agreement or compact with another state or the Dominion of Canada[.]; OR
(4) ANY ELIGIBLE EDUCATIONAL INSTITUTION. AN "ELIGIBLE EDUCATIONAL
INSTITUTION" SHALL MEAN ANY PUBLIC SCHOOL DISTRICT, A BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES, A PUBLIC ELEMENTARY OR SECONDARY SCHOOL, A
SCHOOL APPROVED PURSUANT TO ARTICLE EIGHTY-FIVE OR EIGHTY-NINE OF THE
EDUCATION LAW TO SERVE STUDENTS WITH DISABILITIES OF SCHOOL AGE, OR A
NONPUBLIC ELEMENTARY OR SECONDARY SCHOOL THAT PROVIDES INSTRUCTION IN
GRADE ONE OR ABOVE.
S 2. Subsection (a) of section 801 of the tax law, as added by section
1 of part C of chapter 25 of the laws of 2009, is amended to read as
follows:
(a) For the sole purpose of providing an additional stable and reli-
able dedicated funding source for the metropolitan transportation
authority and its subsidiaries and affiliates to preserve, operate and
improve essential transit and transportation services in the metropol-
itan commuter transportation district, a tax is hereby imposed [at a
rate of thirty-four hundredths (.34) percent of (1) the payroll expense
of every employer who engages] ON EMPLOYERS WHO ENGAGE in business with-
in the MCTD (1) AT A RATE OF (A) ELEVEN HUNDREDTHS (.11) PERCENT FOR
EMPLOYERS WITH PAYROLL EXPENSE NO GREATER THAN THREE HUNDRED
SEVENTY-FIVE THOUSAND DOLLARS IN ANY CALENDAR QUARTER, (B) TWENTY-THREE
HUNDREDTHS (.23) PERCENT FOR EMPLOYERS WITH PAYROLL EXPENSE GREATER THAN
THREE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS AND NO GREATER THAN FOUR
HUNDRED THIRTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS IN ANY CALENDAR QUAR-
TER, AND (C) THIRTY-FOUR HUNDREDTHS (.34) PERCENT FOR EMPLOYERS WITH
PAYROLL EXPENSE IN EXCESS OF FOUR HUNDRED THIRTY-SEVEN THOUSAND FIVE
HUNDRED DOLLARS IN ANY CALENDAR QUARTER, and (2) AT A RATE OF
S. 2 10 A. 2
THIRTY-FOUR HUNDREDTHS (.34) PERCENT OF the net earnings from self-em-
ployment of individuals that are attributable to the MCTD if such earn-
ings attributable to the MCTD exceed [ten] FIFTY thousand dollars for
the tax year.
S 3. Any reductions in transit aid attributable to reductions in the
metropolitan commuter transportation mobility tax authorized under arti-
cle 23 of the tax law shall be offset through alternative sources that
will be included in the state budget.
S 4. This act shall take effect immediately; provided however, that
section one of this act and the amendments in section two of this act
that concern employers shall take effect for the quarter beginning on
April 1, 2012.
PART C
Section 1. Subparagraph (vi) of paragraph (a) of subdivision 1 of
section 210 of the tax law, as added by section 2 of part N of chapter
60 of the laws of 2007, is amended to read as follows:
(vi) for taxable years beginning on or after January thirty-first, two
thousand seven, the amount prescribed by this paragraph for a taxpayer
which is a qualified New York manufacturer, shall be computed at the
rate of six and one-half (6.5) percent of the taxpayer's entire net
income base. FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO
THOUSAND TWELVE AND BEFORE JANUARY FIRST, TWO THOUSAND FIFTEEN, THE
AMOUNT PRESCRIBED BY THIS PARAGRAPH FOR A TAXPAYER WHICH IS AN ELIGIBLE
QUALIFIED NEW YORK MANUFACTURER SHALL BE COMPUTED AT THE RATE OF THREE
AND ONE-QUARTER (3.25) PERCENT OF THE TAXPAYER'S ENTIRE NET INCOME BASE.
The term "manufacturer" shall mean a taxpayer which during the taxable
year is principally engaged in the production of goods by manufacturing,
processing, assembling, refining, mining, extracting, farming, agricul-
ture, horticulture, floriculture, viticulture or commercial fishing.
However, the generation and distribution of electricity, the distrib-
ution of natural gas, and the production of steam associated with the
generation of electricity shall not be qualifying activities for a
manufacturer under this subparagraph. Moreover, the combined group
shall be considered a "manufacturer" for purposes of this subparagraph
only if the combined group during the taxable year is principally
engaged in the activities set forth in this paragraph, or any combina-
tion thereof. A taxpayer or a combined group shall be "principally
engaged" in activities described above if, during the taxable year, more
than fifty percent of the gross receipts of the taxpayer or combined
group, respectively, are derived from receipts from the sale of goods
produced by such activities. In computing a combined group's gross
receipts, intercorporate receipts shall be eliminated. A "qualified New
York manufacturer" is a manufacturer which has property in New York
which is described in clause (A) of subparagraph (i) of paragraph (b) of
subdivision twelve of this section and either (I) the adjusted basis of
such property for federal income tax purposes at the close of the taxa-
ble year is at least one million dollars or (II) all of its real and
personal property is located in New York. In addition, a "qualified New
York manufacturer" means a taxpayer which is defined as a qualified
emerging technology company under paragraph (c) of subdivision one of
section thirty-one hundred two-e of the public authorities law regard-
less of the ten million dollar limitation expressed in subparagraph one
of such paragraph (c). THE COMMISSIONER SHALL ESTABLISH GUIDELINES AND
CRITERIA THAT SPECIFY REQUIREMENTS BY WHICH A MANUFACTURER MAY BE CLAS-
S. 2 11 A. 2
SIFIED AS AN ELIGIBLE QUALIFIED NEW YORK MANUFACTURER. CRITERIA MAY
INCLUDE BUT NOT BE LIMITED TO FACTORS SUCH AS REGIONAL UNEMPLOYMENT, THE
ECONOMIC IMPACT THAT MANUFACTURING HAS ON THE SURROUNDING COMMUNITY,
POPULATION DECLINE WITHIN THE REGION AND MEDIAN INCOME WITHIN THE REGION
IN WHICH THE MANUFACTURER IS LOCATED. IN ESTABLISHING THESE GUIDELINES
AND CRITERIA, THE COMMISSIONER SHALL ENDEAVOR THAT THE TOTAL ANNUAL COST
OF THE LOWER RATES SHALL NOT EXCEED TWENTY-FIVE MILLION DOLLARS.
S 2. Subparagraph (ii) of paragraph (c) of subdivision 1 of section
210 of the tax law, as amended by section 5 of part N of chapter 60 of
the laws of 2007, is amended to read as follows:
(ii) [For taxable years beginning in nineteen hundred ninety, nineteen
hundred ninety-one, nineteen hundred ninety-two, nineteen hundred nine-
ty-three and nineteen hundred ninety-four the amount prescribed by this
paragraph shall be computed at the rate of five percent of the taxpay-
er's minimum taxable income base. For taxable years beginning after
nineteen hundred ninety-four and before July first, nineteen hundred
ninety-eight, the amount prescribed by this paragraph shall be computed
at the rate of three and one-half percent of the taxpayer's minimum
taxable income base. For taxable years beginning after June thirtieth,
nineteen hundred ninety-eight and before July first, nineteen hundred
ninety-nine, the amount prescribed by this paragraph shall be computed
at the rate of three and one-quarter percent of the taxpayer's minimum
taxable income base. For taxable years beginning after June thirtieth,
nineteen hundred ninety-nine and before July first, two thousand, the
amount prescribed by this paragraph shall be computed at the rate of
three percent of the taxpayer's minimum taxable income base. For taxa-
ble years beginning after June thirtieth, two thousand, the amount
prescribed by this paragraph shall be computed at the rate of two and
one-half percent of the taxpayer's minimum taxable income base.] (A) For
taxable years beginning on or after January first, two thousand seven,
THE amount prescribed by this paragraph shall be computed at the rate of
one and one-half percent of the taxpayer's minimum taxable income base.
The "taxpayer's minimum taxable income base" shall mean the portion of
the taxpayer's minimum taxable income allocated within the state as
hereinafter provided, subject to any modifications required by para-
graphs (d) and (e) of subdivision three of this section.
(B) FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOU-
SAND TWELVE AND BEFORE JANUARY FIRST, TWO THOUSAND FIFTEEN, THE AMOUNT
PRESCRIBED BY THIS PARAGRAPH FOR AN ELIGIBLE QUALIFIED NEW YORK MANUFAC-
TURER SHALL BE COMPUTED AT THE RATE OF SEVENTY-FIVE HUNDREDTHS (.75)
PERCENT OF THE TAXPAYER'S MINIMUM TAXABLE INCOME BASE. FOR PURPOSES OF
THIS CLAUSE, THE TERM "ELIGIBLE QUALIFIED NEW YORK MANUFACTURER" SHALL
HAVE THE SAME MEANING AS IN SUBPARAGRAPH (VI) OF PARAGRAPH (A) OF THIS
SUBDIVISION.
S 3. Paragraph (d) of subdivision 1 of section 210 of the tax law is
amended by adding a new subparagraph 5 to read as follows:
(5) FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOU-
SAND TWELVE AND BEFORE JANUARY FIRST, TWO THOUSAND FIFTEEN, THE AMOUNTS
PRESCRIBED IN SUBPARAGRAPHS ONE AND FOUR OF THIS PARAGRAPH AS THE FIXED
DOLLAR MINIMUM TAX FOR AN ELIGIBLE QUALIFIED NEW YORK MANUFACTURER SHALL
BE ONE-HALF OF THE AMOUNTS STATED IN THOSE SUBPARAGRAPHS. FOR PURPOSES
OF THIS SUBPARAGRAPH, THE TERM "ELIGIBLE QUALIFIED NEW YORK MANUFACTUR-
ER" SHALL HAVE THE SAME MEANING AS IN SUBPARAGRAPH (VI) OF PARAGRAPH (A)
OF THIS SUBDIVISION.
S 4. This act shall take effect immediately.
S. 2 12 A. 2
PART D
Section 1. The labor law is amended by adding a new section 25-a to
read as follows:
S 25-A. POWER TO ADMINISTER THE NEW YORK YOUTH WORKS TAX CREDIT
PROGRAM. (A) THE COMMISSIONER IS AUTHORIZED TO ESTABLISH AND ADMINISTER
THE NEW YORK YOUTH WORKS TAX CREDIT PROGRAM TO PROVIDE TAX INCENTIVES TO
EMPLOYERS FOR EMPLOYING AT RISK YOUTH IN PART-TIME AND FULL-TIME POSI-
TIONS IN TWO THOUSAND TWELVE AND TWO THOUSAND THIRTEEN. THE COMMISSIONER
IS AUTHORIZED TO ALLOCATE UP TO TWENTY-FIVE MILLION DOLLARS OF TAX CRED-
ITS UNDER THIS PROGRAM.
(B) DEFINITIONS. (1) THE TERM "QUALIFIED EMPLOYER" MEANS AN EMPLOYER
THAT HAS BEEN CERTIFIED BY THE COMMISSIONER TO PARTICIPATE IN THE NEW
YORK YOUTH WORKS TAX CREDIT PROGRAM AND THAT EMPLOYS ONE OR MORE QUALI-
FIED EMPLOYEES.
(2) THE TERM "QUALIFIED EMPLOYEE" MEANS AN INDIVIDUAL:
(I) WHO IS BETWEEN THE AGE OF SIXTEEN AND TWENTY-FOUR;
(II) WHO RESIDES IN A CITY WITH A POPULATION OF SIXTY-TWO THOUSAND OR
MORE OR A TOWN WITH A POPULATION OF FOUR HUNDRED EIGHTY THOUSAND OR
MORE;
(III) WHO IS LOW-INCOME OR AT-RISK, AS THOSE TERMS ARE DEFINED BY THE
COMMISSIONER;
(IV) WHO IS UNEMPLOYED PRIOR TO BEING HIRED BY THE QUALIFIED EMPLOYER;
AND
(V) WHO WILL BE WORKING FOR THE QUALIFIED EMPLOYER IN A FULL-TIME OR
PART-TIME POSITION THAT PAYS WAGES THAT ARE EQUIVALENT TO THE WAGES PAID
FOR SIMILAR JOBS, WITH APPROPRIATE ADJUSTMENTS FOR EXPERIENCE AND TRAIN-
ING, AND FOR WHICH NO OTHER EMPLOYEE HAS BEEN TERMINATED, OR WHERE THE
EMPLOYER HAS NOT OTHERWISE REDUCED ITS WORKFORCE BY INVOLUNTARY TERMI-
NATIONS WITH THE INTENTION OF FILLING THE VACANCY BY CREATING A NEW
HIRE.
(C) A QUALIFIED EMPLOYER SHALL BE ENTITLED TO A TAX CREDIT EQUAL TO
(1) FIVE HUNDRED DOLLARS PER MONTH FOR UP TO SIX MONTHS FOR EACH QUALI-
FIED EMPLOYEE THE EMPLOYER EMPLOYS IN A FULL-TIME JOB OR TWO HUNDRED
FIFTY DOLLARS PER MONTH FOR UP TO SIX MONTHS FOR EACH QUALIFIED EMPLOYEE
THE EMPLOYER EMPLOYS IN A PART-TIME JOB OF AT LEAST TWENTY HOURS PER
WEEK, AND (2) ONE THOUSAND DOLLARS FOR EACH QUALIFIED EMPLOYEE WHO IS
EMPLOYED FOR AT LEAST AN ADDITIONAL SIX MONTHS BY THE QUALIFIED EMPLOYER
IN A FULL-TIME JOB OR FIVE HUNDRED DOLLARS FOR EACH QUALIFIED EMPLOYEE
WHO IS EMPLOYED FOR AT LEAST AN ADDITIONAL SIX MONTHS BY THE QUALIFIED
EMPLOYER IN A PART-TIME JOB OF AT LEAST TWENTY HOURS PER WEEK. THE TAX
CREDITS SHALL BE CLAIMED BY THE QUALIFIED EMPLOYER AS SPECIFIED IN
SUBDIVISION FORTY-FOUR OF SECTION TWO HUNDRED TEN AND SUBSECTION (TT) OF
SECTION SIX HUNDRED SIX OF THE TAX LAW.
(D) TO PARTICIPATE IN THE NEW YORK YOUTH WORKS TAX CREDIT PROGRAM, AN
EMPLOYER MUST SUBMIT AN APPLICATION (IN A FORM PRESCRIBED BY THE COMMIS-
SIONER) TO THE COMMISSIONER AFTER JANUARY FIRST, TWO THOUSAND TWELVE BUT
NO LATER THAN JUNE FIRST, TWO THOUSAND TWELVE. THE QUALIFIED EMPLOYEES
MUST START THEIR EMPLOYMENT ON OR AFTER JANUARY FIRST, TWO THOUSAND
TWELVE BUT NO LATER THAN JULY FIRST, TWO THOUSAND TWELVE. THE COMMIS-
SIONER SHALL ESTABLISH GUIDELINES AND CRITERIA THAT SPECIFY REQUIREMENTS
FOR EMPLOYERS TO PARTICIPATE IN THE PROGRAM INCLUDING CRITERIA FOR
CERTIFYING QUALIFIED EMPLOYEES. ANY REGULATIONS THAT THE COMMISSIONER
DETERMINES ARE NECESSARY MAY BE ADOPTED ON AN EMERGENCY BASIS NOTWITH-
STANDING ANYTHING TO THE CONTRARY IN SECTION TWO HUNDRED TWO OF THE
STATE ADMINISTRATIVE PROCEDURE ACT. SUCH REQUIREMENTS MAY INCLUDE THE
S. 2 13 A. 2
TYPES OF INDUSTRIES THAT THE EMPLOYERS ARE ENGAGED IN. THE COMMISSIONER
MAY GIVE PREFERENCE TO EMPLOYERS THAT ARE ENGAGED IN DEMAND OCCUPATIONS
OR INDUSTRIES, OR IN REGIONAL GROWTH SECTORS, INCLUDING THOSE IDENTIFIED
BY THE REGIONAL ECONOMIC DEVELOPMENT COUNCILS, SUCH AS CLEAN ENERGY,
HEALTHCARE, ADVANCED MANUFACTURING AND CONSERVATION. IN ADDITION, THE
COMMISSIONER SHALL GIVE PREFERENCE TO EMPLOYERS WHO OFFER ADVANCEMENT
AND EMPLOYEE BENEFIT PACKAGES TO THE QUALIFIED INDIVIDUALS.
(E) IF, AFTER REVIEWING THE APPLICATION SUBMITTED BY AN EMPLOYER, THE
COMMISSIONER DETERMINES THAT SUCH EMPLOYER IS ELIGIBLE TO PARTICIPATE IN
THE NEW YORK YOUTH WORKS TAX CREDIT PROGRAM, THE COMMISSIONER SHALL
ISSUE THE EMPLOYER A CERTIFICATE OF ELIGIBILITY THAT ESTABLISHES THE
EMPLOYER AS A QUALIFIED EMPLOYER. THE CERTIFICATE OF ELIGIBILITY SHALL
SPECIFY THE MAXIMUM AMOUNT OF NEW YORK YOUTH WORKS TAX CREDIT THAT THE
EMPLOYER WILL BE ALLOWED TO CLAIM.
S 2. Section 210 of the tax law is amended by adding a new subdivision
44 to read as follows:
44. NEW YORK YOUTH WORKS TAX CREDIT. (A) A TAXPAYER THAT HAS BEEN
CERTIFIED BY THE COMMISSIONER OF LABOR AS A QUALIFIED EMPLOYER PURSUANT
TO SECTION TWENTY-FIVE-A OF THE LABOR LAW SHALL BE ALLOWED A CREDIT
AGAINST THE TAX IMPOSED BY THIS ARTICLE EQUAL TO (I) FIVE HUNDRED
DOLLARS PER MONTH FOR UP TO SIX MONTHS FOR EACH QUALIFIED EMPLOYEE THE
EMPLOYER EMPLOYS IN A FULL-TIME JOB OR TWO HUNDRED FIFTY DOLLARS PER
MONTH FOR UP TO SIX MONTHS FOR EACH QUALIFIED EMPLOYEE THE EMPLOYER
EMPLOYS IN A PART-TIME JOB OF AT LEAST TWENTY HOURS PER WEEK, AND (II)
ONE THOUSAND DOLLARS FOR EACH QUALIFIED EMPLOYEE WHO IS EMPLOYED FOR AT
LEAST AN ADDITIONAL SIX MONTHS BY THE QUALIFIED EMPLOYER IN A FULL-TIME
JOB OR FIVE HUNDRED DOLLARS FOR EACH QUALIFIED EMPLOYEE WHO IS EMPLOYED
FOR AT LEAST AN ADDITIONAL SIX MONTHS BY THE QUALIFIED EMPLOYER IN A
PART-TIME JOB OF AT LEAST TWENTY HOURS PER WEEK. FOR PURPOSES OF THIS
SUBDIVISION, THE TERM "QUALIFIED EMPLOYEE" SHALL HAVE THE SAME MEANING
AS SET FORTH IN SUBDIVISION (B) OF SECTION TWENTY-FIVE-A OF THE LABOR
LAW. THE PORTION OF THE CREDIT DESCRIBED IN SUBPARAGRAPH (I) OF THIS
PARAGRAPH SHALL BE ALLOWED FOR THE TAXABLE YEAR BEGINNING ON OR AFTER
JANUARY FIRST, TWO THOUSAND TWELVE AND BEFORE JANUARY FIRST, TWO THOU-
SAND THIRTEEN, AND THE PORTION OF THE CREDIT DESCRIBED IN SUBPARAGRAPH
(II) OF THIS PARAGRAPH SHALL BE ALLOWED FOR TAXABLE YEARS BEGINNING ON
OR AFTER JANUARY FIRST, TWO THOUSAND TWELVE AND BEFORE JANUARY FIRST,
TWO THOUSAND FOURTEEN.
(B) THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR MAY
NOT REDUCE THE TAX DUE FOR THAT YEAR TO LESS THAN THE AMOUNT PRESCRIBED
IN PARAGRAPH (D) OF SUBDIVISION ONE OF THIS SECTION. HOWEVER, IF THE
AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR
REDUCES THE TAX TO THAT AMOUNT, ANY AMOUNT OF CREDIT NOT DEDUCTIBLE IN
THAT TAXABLE YEAR WILL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDIT-
ED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE THOUSAND
EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER, NO INTEREST WILL BE PAID
THEREON.
(C) THE TAXPAYER MAY BE REQUIRED TO ATTACH TO ITS TAX RETURN ITS
CERTIFICATE OF ELIGIBILITY ISSUED BY THE COMMISSIONER OF LABOR PURSUANT
TO SECTION TWENTY-FIVE-A OF THE LABOR LAW. IN NO EVENT SHALL THE
TAXPAYER BE ALLOWED A CREDIT GREATER THAN THE AMOUNT OF THE CREDIT LIST-
ED ON THE CERTIFICATE OF ELIGIBILITY. NOTWITHSTANDING ANY PROVISION OF
THIS CHAPTER TO THE CONTRARY, THE COMMISSIONER AND THE COMMISSIONER'S
DESIGNEES MAY RELEASE THE NAMES AND ADDRESSES OF ANY TAXPAYER CLAIMING
THIS CREDIT AND THE AMOUNT OF THE CREDIT EARNED BY THE TAXPAYER.
PROVIDED, HOWEVER, IF A TAXPAYER CLAIMS THIS CREDIT BECAUSE IT IS A
S. 2 14 A. 2
MEMBER OF A LIMITED LIABILITY COMPANY OR A PARTNER IN A PARTNERSHIP,
ONLY THE AMOUNT OF CREDIT EARNED BY THE ENTITY AND NOT THE AMOUNT OF
CREDIT CLAIMED BY THE TAXPAYER MAY BE RELEASED.
S 3. Section 606 of the tax law is amended by adding a new subsection
(tt) to read as follows:
(TT) NEW YORK YOUTH WORKS TAX CREDIT. (1) A TAXPAYER THAT HAS BEEN
CERTIFIED BY THE COMMISSIONER OF LABOR AS A QUALIFIED EMPLOYER PURSUANT
TO SECTION TWENTY-FIVE-A OF THE LABOR LAW SHALL BE ALLOWED A CREDIT
AGAINST THE TAX IMPOSED BY THIS ARTICLE EQUAL TO (A) FIVE HUNDRED
DOLLARS PER MONTH FOR UP TO SIX MONTHS FOR EACH QUALIFIED EMPLOYEE THE
EMPLOYER EMPLOYS IN A FULL-TIME JOB OR TWO HUNDRED FIFTY DOLLARS PER
MONTH FOR UP TO SIX MONTHS FOR EACH QUALIFIED EMPLOYEE THE EMPLOYER
EMPLOYS IN A PART-TIME JOB OF AT LEAST TWENTY HOURS PER WEEK, AND (B)
ONE THOUSAND DOLLARS FOR EACH QUALIFIED EMPLOYEE WHO IS EMPLOYED FOR AT
LEAST AN ADDITIONAL SIX MONTHS BY THE QUALIFIED EMPLOYER IN A FULL-TIME
JOB OR FIVE HUNDRED DOLLARS FOR EACH QUALIFIED EMPLOYEE WHO IS EMPLOYED
FOR AT LEAST AN ADDITIONAL SIX MONTHS BY THE QUALIFIED EMPLOYER IN A
PART-TIME JOB OF AT LEAST TWENTY HOURS PER WEEK. A TAXPAYER THAT IS A
PARTNER IN A PARTNERSHIP, MEMBER OF A LIMITED LIABILITY COMPANY OR
SHAREHOLDER IN AN S CORPORATION THAT HAS BEEN CERTIFIED BY THE COMMIS-
SIONER OF LABOR AS A QUALIFIED EMPLOYER PURSUANT TO SECTION
TWENTY-FIVE-A OF THE LABOR LAW SHALL BE ALLOWED ITS PRO RATA SHARE OF
THE CREDIT EARNED BY THE PARTNERSHIP, LIMITED LIABILITY COMPANY OR S
CORPORATION. FOR PURPOSES OF THIS SUBSECTION, THE TERM "QUALIFIED
EMPLOYEE" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION (B) OF
SECTION TWENTY-FIVE-A OF THE LABOR LAW. THE PORTION OF THE CREDIT
DESCRIBED IN SUBPARAGRAPH (A) OF THIS PARAGRAPH SHALL BE ALLOWED FOR THE
TAXABLE YEAR BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWELVE
AND BEFORE JANUARY FIRST, TWO THOUSAND THIRTEEN, AND THE PORTION OF THE
CREDIT DESCRIBED IN SUBPARAGRAPH (B) OF THIS PARAGRAPH SHALL BE ALLOWED
FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND
TWELVE AND BEFORE JANUARY FIRST, TWO THOUSAND FOURTEEN.
(2) IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION EXCEEDS
THE TAXPAYER'S TAX FOR THE TAXABLE YEAR, ANY AMOUNT OF CREDIT NOT DEDUC-
TIBLE IN THAT TAXABLE YEAR WILL BE TREATED AS AN OVERPAYMENT OF TAX TO
BE CREDITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX
HUNDRED EIGHTY-SIX OF THIS ARTICLE. PROVIDED, HOWEVER, NO INTEREST WILL
BE PAID THEREON.
(3) THE TAXPAYER MAY BE REQUIRED TO ATTACH TO ITS TAX RETURN ITS
CERTIFICATE OF ELIGIBILITY ISSUED BY THE COMMISSIONER OF LABOR PURSUANT
TO SECTION TWENTY-FIVE-A OF THE LABOR LAW. IN NO EVENT SHALL THE
TAXPAYER BE ALLOWED A CREDIT GREATER THAN THE AMOUNT OF THE CREDIT LIST-
ED ON THE CERTIFICATE OF ELIGIBILITY. NOTWITHSTANDING ANY PROVISION OF
THIS CHAPTER TO THE CONTRARY, THE COMMISSIONER AND THE COMMISSIONER'S
DESIGNEES MAY RELEASE THE NAMES AND ADDRESSES OF ANY TAXPAYER CLAIMING
THIS CREDIT AND THE AMOUNT OF THE CREDIT EARNED BY THE TAXPAYER.
PROVIDED, HOWEVER, IF A TAXPAYER CLAIMS THIS CREDIT BECAUSE IT IS A
MEMBER OF A LIMITED LIABILITY COMPANY, A PARTNER IN A PARTNERSHIP, OR A
SHAREHOLDER IN A SUBCHAPTER S CORPORATION, ONLY THE AMOUNT OF CREDIT
EARNED BY THE ENTITY AND NOT THE AMOUNT OF CREDIT CLAIMED BY THE TAXPAY-
ER MAY BE RELEASED.
S 4. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
of the tax law is amended by adding a new clause (xxxiii) to read as
follows:
(XXXIII) NEW YORK YOUTH WORKS AMOUNT OF CREDIT UNDER
TAX CREDIT SUBDIVISION FORTY-FOUR OF
S. 2 15 A. 2
SECTION TWO HUNDRED TEN
S 5. This act shall take effect immediately.
PART E
Section 1. The economic development law is amended by adding a new
article 20 to read as follows:
ARTICLE 20
EMPIRE STATE JOBS RETENTION PROGRAM
SECTION 420. SHORT TITLE.
421. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION.
422. DEFINITIONS.
423. ELIGIBILITY CRITERIA.
424. APPLICATION AND APPROVAL PROCESS.
425. EMPIRE STATE JOBS RETENTION PROGRAM CREDIT.
426. POWERS AND DUTIES OF THE COMMISSIONER.
427. MAINTENANCE OF RECORDS.
428. REPORTING.
429. CAP ON TAX CREDIT.
S 420. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "EMPIRE STATE JOBS RETENTION PROGRAM."
S 421. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION. IT IS HEREBY
FOUND AND DECLARED THAT NEW YORK STATE NEEDS, AS A MATTER OF PUBLIC
POLICY, TO CREATE COMPETITIVE FINANCIAL INCENTIVES TO RETAIN STRATEGIC
BUSINESSES AND JOBS THAT ARE AT RISK OF LEAVING THE STATE DUE TO THE
IMPACT ON ITS BUSINESS OPERATIONS OF AN EVENT LEADING TO AN EMERGENCY
DECLARATION BY THE GOVERNOR. THE EMPIRE STATE JOBS RETENTION PROGRAM IS
CREATED TO SUPPORT THE RETENTION OF THE STATE'S MOST STRATEGIC BUSI-
NESSES IN THE EVENT OF AN EMERGENCY.
THIS LEGISLATION CREATES A JOBS TAX CREDIT FOR EACH JOB OF A STRATEGIC
BUSINESS DIRECTLY IMPACTED BY AN EMERGENCY AND PROTECTS STATE TAXPAYERS'
DOLLARS BY ENSURING THAT NEW YORK PROVIDES TAX BENEFITS ONLY TO BUSI-
NESSES THAT CAN DEMONSTRATE SUBSTANTIAL PHYSICAL DAMAGE AND ECONOMIC
HARM RESULTING FROM AN EVENT LEADING TO AN EMERGENCY DECLARATION BY THE
GOVERNOR.
S 422. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
1. "AGRICULTURE" MEANS BOTH AGRICULTURAL PRODUCTION (ESTABLISHMENTS
PERFORMING THE COMPLETE FARM OR RANCH OPERATION, SUCH AS FARM OWNER-OP-
ERATORS, TENANT FARM OPERATORS, AND SHARECROPPERS) AND AGRICULTURAL
SUPPORT (ESTABLISHMENTS THAT PERFORM ONE OR MORE ACTIVITIES ASSOCIATED
WITH FARM OPERATION, SUCH AS SOIL PREPARATION, PLANTING, HARVESTING, AND
MANAGEMENT, ON A CONTRACT OR FEE BASIS).
2. "BACK OFFICE OPERATIONS" MEANS A BUSINESS FUNCTION THAT MAY INCLUDE
ONE OR MORE OF THE FOLLOWING ACTIVITIES: CUSTOMER SERVICE, INFORMATION
TECHNOLOGY AND DATA PROCESSING, HUMAN RESOURCES, ACCOUNTING AND RELATED
ADMINISTRATIVE FUNCTIONS.
3. "CERTIFICATE OF ELIGIBILITY" MEANS THE DOCUMENT ISSUED BY THE
DEPARTMENT TO AN APPLICANT THAT HAS COMPLETED AN APPLICATION TO BE
ADMITTED INTO THE EMPIRE STATE JOBS RETENTION PROGRAM AND HAS BEEN
ACCEPTED INTO THE PROGRAM BY THE DEPARTMENT. POSSESSION OF A CERTIFICATE
OF ELIGIBILITY DOES NOT BY ITSELF GUARANTEE THE ELIGIBILITY TO CLAIM THE
TAX CREDIT.
4. "CERTIFICATE OF TAX CREDIT" MEANS THE DOCUMENT ISSUED TO A PARTIC-
IPANT BY THE DEPARTMENT, AFTER THE DEPARTMENT HAS VERIFIED THAT THE
S. 2 16 A. 2
PARTICIPANT HAS MET ALL APPLICABLE ELIGIBILITY CRITERIA IN THIS ARTICLE.
THE CERTIFICATE SHALL BE ISSUED ANNUALLY IF SUCH CRITERIA ARE SATISFIED
AND SHALL SPECIFY THE EXACT AMOUNT OF EACH TAX CREDIT UNDER THIS ARTICLE
THAT A PARTICIPANT MAY CLAIM, PURSUANT TO SECTION FOUR HUNDRED
TWENTY-FIVE OF THIS ARTICLE, AND SHALL SPECIFY THE TAXABLE YEAR IN WHICH
SUCH CREDIT MAY BE CLAIMED.
5. "DISTRIBUTION CENTER" MEANS A LARGE SCALE FACILITY INVOLVING PROC-
ESSING, REPACKAGING AND/OR MOVEMENT OF FINISHED OR SEMI-FINISHED GOODS
TO RETAIL LOCATIONS ACROSS A MULTI-STATE AREA.
6. "FINANCIAL SERVICES DATA CENTERS" OR "FINANCIAL SERVICES CUSTOMER
BACK OFFICE OPERATIONS" MEANS OPERATIONS THAT MANAGE THE DATA OR
ACCOUNTS OF EXISTING CUSTOMERS OR PROVIDE PRODUCT OR SERVICE INFORMATION
AND SUPPORT TO CUSTOMERS OF FINANCIAL SERVICES COMPANIES, INCLUDING
BANKS, OTHER LENDERS, SECURITIES AND COMMODITIES BROKERS AND DEALERS,
INVESTMENT BANKS, PORTFOLIO MANAGERS, TRUST OFFICES, AND INSURANCE
COMPANIES.
7. "IMPACTED JOBS" MEANS JOBS EXISTING AT A BUSINESS ENTERPRISE AT A
LOCATION OR LOCATIONS WITHIN THE COUNTY DECLARED AN EMERGENCY BY THE
GOVERNOR ON THE DAY IMMEDIATELY PRECEDING THE DAY ON WHICH THE EVENT
LEADING TO THE EMERGENCY DECLARATION BY THE GOVERNOR OCCURRED.
8. "MANUFACTURING" MEANS THE PROCESS OF WORKING RAW MATERIALS INTO
PRODUCTS SUITABLE FOR USE OR WHICH GIVES NEW SHAPES, NEW QUALITY OR NEW
COMBINATIONS TO MATTER WHICH HAS ALREADY GONE THROUGH SOME ARTIFICIAL
PROCESS BY THE USE OF MACHINERY, TOOLS, APPLIANCES, OR OTHER SIMILAR
EQUIPMENT. "MANUFACTURING" DOES NOT INCLUDE AN OPERATION THAT INVOLVES
ONLY THE ASSEMBLY OF COMPONENTS, PROVIDED, HOWEVER, THE ASSEMBLY OF
MOTOR VEHICLES OR OTHER HIGH VALUE-ADDED PRODUCTS SHALL BE CONSIDERED
MANUFACTURING.
9. "PARTICIPANT" MEANS A BUSINESS ENTITY THAT:
(A) HAS COMPLETED AN APPLICATION PRESCRIBED BY THE DEPARTMENT TO BE
ADMITTED INTO THE PROGRAM;
(B) HAS BEEN ISSUED A CERTIFICATE OF ELIGIBILITY BY THE DEPARTMENT;
(C) HAS DEMONSTRATED THAT IT MEETS THE ELIGIBILITY CRITERIA IN SECTION
FOUR HUNDRED TWENTY-THREE AND SUBDIVISION TWO OF SECTION FOUR HUNDRED
TWENTY-FOUR OF THIS ARTICLE; AND
(D) HAS BEEN CERTIFIED AS A PARTICIPANT BY THE COMMISSIONER.
10. "PRELIMINARY SCHEDULE OF BENEFITS" MEANS THE MAXIMUM AGGREGATE
AMOUNT OF THE TAX CREDIT THAT A PARTICIPANT IN THE EMPIRE STATE JOBS
RETENTION PROGRAM IS ELIGIBLE TO RECEIVE PURSUANT TO THIS ARTICLE. THE
SCHEDULE SHALL INDICATE THE ANNUAL AMOUNT OF THE CREDIT A PARTICIPANT
MAY CLAIM IN EACH OF ITS TEN YEARS OF ELIGIBILITY. THE PRELIMINARY SCHE-
DULE OF BENEFITS SHALL BE ISSUED BY THE DEPARTMENT WHEN THE DEPARTMENT
APPROVES THE APPLICATION FOR ADMISSION INTO THE PROGRAM. THE COMMISSION-
ER MAY AMEND THAT SCHEDULE, PROVIDED THAT THE COMMISSIONER COMPLIES WITH
THE CREDIT CAPS IN SECTION THREE HUNDRED FIFTY-NINE OF THIS CHAPTER.
11. "RELATED PERSON" MEANS A RELATED PERSON PURSUANT TO SUBPARAGRAPH
(C) OF PARAGRAPH THREE OF SUBSECTION (B) OF SECTION FOUR HUNDRED SIXTY-
FIVE OF THE INTERNAL REVENUE CODE.
12. "SCIENTIFIC RESEARCH AND DEVELOPMENT" MEANS CONDUCTING RESEARCH
AND EXPERIMENTAL DEVELOPMENT IN THE PHYSICAL, ENGINEERING, AND LIFE
SCIENCES, INCLUDING BUT NOT LIMITED TO AGRICULTURE, ELECTRONICS, ENVI-
RONMENTAL, BIOLOGY, BOTANY, BIOTECHNOLOGY, COMPUTERS, CHEMISTRY, FOOD,
FISHERIES, FORESTS, GEOLOGY, HEALTH, MATHEMATICS, MEDICINE, OCEANOGRA-
PHY, PHARMACY, PHYSICS, VETERINARY, AND OTHER ALLIED SUBJECTS. FOR THE
PURPOSES OF THIS ARTICLE, SCIENTIFIC RESEARCH AND DEVELOPMENT DOES NOT
INCLUDE MEDICAL OR VETERINARY LABORATORY TESTING FACILITIES.
S. 2 17 A. 2
13. "SOFTWARE DEVELOPMENT" MEANS THE CREATION OF CODED COMPUTER
INSTRUCTIONS AND INCLUDES NEW MEDIA AS DEFINED BY THE COMMISSIONER IN
REGULATIONS.
S 423. ELIGIBILITY CRITERIA. 1. TO BE A PARTICIPANT IN THE EMPIRE
STATE JOBS RETENTION PROGRAM, A BUSINESS ENTITY SHALL OPERATE IN NEW
YORK STATE PREDOMINANTLY:
(A) AS A FINANCIAL SERVICES DATA CENTER OR A FINANCIAL SERVICES BACK
OFFICE OPERATION;
(B) IN MANUFACTURING;
(C) IN SOFTWARE DEVELOPMENT AND NEW MEDIA;
(D) IN SCIENTIFIC RESEARCH AND DEVELOPMENT;
(E) IN AGRICULTURE;
(F) IN THE CREATION OR EXPANSION OF BACK OFFICE OPERATIONS IN THE
STATE; OR
(G) IN A DISTRIBUTION CENTER.
2. WHEN DETERMINING WHETHER AN APPLICANT IS OPERATING PREDOMINANTLY IN
ONE OF THE INDUSTRIES LISTED IN SUBDIVISION ONE OF THIS SECTION, THE
COMMISSIONER WILL EXAMINE THE NATURE OF THE BUSINESS ACTIVITY AT THE
LOCATION FOR THE PROPOSED PROJECT AND WILL MAKE ELIGIBILITY DETERMI-
NATIONS BASED ON SUCH ACTIVITY.
3. FOR THE PURPOSES OF THIS ARTICLE, IN ORDER TO PARTICIPATE IN THE
EMPIRE STATE JOBS RETENTION PROGRAM, A BUSINESS ENTITY OPERATING IN ONE
OF THE STRATEGIC INDUSTRIES LISTED IN SUBDIVISION ONE OF THIS SECTION
(A) MUST BE LOCATED IN A COUNTY IN WHICH AN EMERGENCY HAS BEEN DECLARED
BY THE GOVERNOR ON OR AFTER JANUARY FIRST, TWO THOUSAND ELEVEN, (B) MUST
DEMONSTRATE SUBSTANTIAL PHYSICAL DAMAGE AND ECONOMIC HARM RESULTING FROM
THE EVENT LEADING TO THE EMERGENCY DECLARATION BY THE GOVERNOR, AND (C)
MUST HAVE HAD AT LEAST ONE HUNDRED FULL-TIME EQUIVALENT JOBS IN THE
COUNTY IN WHICH AN EMERGENCY HAS BEEN DECLARED BY THE GOVERNOR ON THE
DAY IMMEDIATELY PRECEDING THE DAY ON WHICH THE EVENT LEADING TO THE
EMERGENCY DECLARATION BY THE GOVERNOR OCCURRED, AND MUST RETAIN OR
EXCEED THAT NUMBER OF JOBS IN NEW YORK STATE.
4. A NOT-FOR-PROFIT BUSINESS ENTITY, A BUSINESS ENTITY WHOSE PRIMARY
FUNCTION IS THE PROVISION OF SERVICES INCLUDING PERSONAL SERVICES, BUSI-
NESS SERVICES, OR THE PROVISION OF UTILITIES, A BUSINESS ENTITY ENGAGED
PREDOMINANTLY IN THE RETAIL OR ENTERTAINMENT INDUSTRY, OR A COMPANY
ENGAGED IN THE GENERATION OR DISTRIBUTION OF ELECTRICITY, THE DISTRIB-
UTION OF NATURAL GAS, OR THE PRODUCTION OF STEAM ASSOCIATED WITH THE
GENERATION OF ELECTRICITY ARE NOT ELIGIBLE TO RECEIVE THE TAX CREDIT
DESCRIBED IN THIS ARTICLE.
5. A BUSINESS ENTITY MUST BE IN COMPLIANCE WITH ALL WORKER PROTECTION
AND ENVIRONMENTAL LAWS AND REGULATIONS. IN ADDITION, A BUSINESS ENTITY
MAY NOT OWE PAST DUE STATE TAXES. IN ADDITION, A BUSINESS ENTITY MUST
NOT OWE LOCAL PROPERTY TAXES FOR ANY YEAR PRIOR TO THE YEAR IN WHICH IT
APPLIES TO PARTICIPATE IN THE EMPIRE STATE JOBS RETENTION PROGRAM.
S 424. APPLICATION AND APPROVAL PROCESS. 1. A BUSINESS ENTERPRISE MUST
SUBMIT A COMPLETED APPLICATION AS PRESCRIBED BY THE COMMISSIONER. SUCH
COMPLETED APPLICATION MUST BE SUBMITTED TO THE COMMISSIONER WITHIN (A)
ONE HUNDRED EIGHTY DAYS OF THE DECLARATION OF AN EMERGENCY BY THE GOVER-
NOR IN THE COUNTY IN WHICH THE BUSINESS ENTERPRISE IS LOCATED OR (B) ONE
HUNDRED EIGHTY DAYS OF THE ENACTMENT OF THIS ARTICLE, IF SUCH DATE IS
LATER THAN THE DATE SPECIFIED IN PARAGRAPH (A) OF THIS SUBDIVISION.
2. AS PART OF SUCH APPLICATION, EACH BUSINESS ENTERPRISE MUST:
(A) AGREE TO ALLOW THE DEPARTMENT OF TAXATION AND FINANCE TO SHARE ITS
TAX INFORMATION WITH THE DEPARTMENT. HOWEVER, ANY INFORMATION SHARED AS
S. 2 18 A. 2
A RESULT OF THIS AGREEMENT SHALL NOT BE AVAILABLE FOR DISCLOSURE OR
INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW.
(B) AGREE TO ALLOW THE DEPARTMENT OF LABOR TO SHARE ITS TAX AND
EMPLOYER INFORMATION WITH THE DEPARTMENT. HOWEVER, ANY INFORMATION
SHARED AS A RESULT OF THIS AGREEMENT SHALL NOT BE AVAILABLE FOR DISCLO-
SURE OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW.
(C) ALLOW THE DEPARTMENT AND ITS AGENTS ACCESS TO ANY AND ALL BOOKS
AND RECORDS THE DEPARTMENT MAY REQUIRE TO MONITOR COMPLIANCE.
(D) AGREE TO BE PERMANENTLY DISQUALIFIED FOR EMPIRE ZONE TAX BENEFITS
AT ANY LOCATION OR LOCATIONS THAT QUALIFY FOR EMPIRE STATE JOBS
RETENTION PROGRAM BENEFITS IF ADMITTED INTO THE EMPIRE STATE JOBS
RETENTION PROGRAM.
(E) PROVIDE THE FOLLOWING INFORMATION TO THE DEPARTMENT UPON REQUEST:
(I) A PLAN OUTLINING THE SCHEDULE FOR MEETING THE JOBS RETENTION
REQUIREMENTS AS SET FORTH IN SUBDIVISION THREE OF SECTION FOUR HUNDRED
TWENTY-THREE OF THIS ARTICLE. SUCH PLAN MUST INCLUDE DETAILS ON JOBS
TITLES AND EXPECTED SALARIES;
(II) THE PRIOR THREE YEARS OF FEDERAL AND STATE INCOME OR FRANCHISE
TAX RETURNS, UNEMPLOYMENT INSURANCE QUARTERLY RETURNS, REAL PROPERTY TAX
BILLS AND AUDITED FINANCIAL STATEMENTS; AND
(III) THE EMPLOYER IDENTIFICATION OR SOCIAL SECURITY NUMBERS FOR ALL
RELATED PERSONS TO THE APPLICANT, INCLUDING THOSE OF ANY MEMBERS OF A
LIMITED LIABILITY COMPANY OR PARTNERS IN A PARTNERSHIP.
(F) PROVIDE A CLEAR AND DETAILED PRESENTATION OF ALL RELATED PERSONS
TO THE APPLICANT TO ASSURE THE DEPARTMENT THAT JOBS ARE NOT BEING SHIFT-
ED WITHIN THE STATE.
(G) CERTIFY, UNDER PENALTY OF PERJURY, THAT IT IS IN SUBSTANTIAL
COMPLIANCE WITH ALL ENVIRONMENTAL, WORKER PROTECTION, AND LOCAL, STATE,
AND FEDERAL TAX LAWS.
3. AFTER REVIEWING A BUSINESS ENTERPRISE'S COMPLETED APPLICATION AND
DETERMINING THAT THE BUSINESS ENTERPRISE WILL MEET THE CONDITIONS SET
FORTH IN SUBDIVISION THREE OF SECTION FOUR HUNDRED TWENTY-THREE OF THIS
ARTICLE, THE DEPARTMENT MAY ADMIT THE APPLICANT INTO THE PROGRAM AND
PROVIDE THE APPLICANT WITH A CERTIFICATE OF ELIGIBILITY AND A PRELIMI-
NARY SCHEDULE OF BENEFITS BY YEAR BASED ON THE APPLICANT'S PROJECTIONS
AS SET FORTH IN ITS APPLICATION. THIS PRELIMINARY SCHEDULE OF BENEFITS
DELINEATES THE MAXIMUM POSSIBLE BENEFITS AN APPLICANT MAY RECEIVE.
4. IN ORDER TO BECOME A PARTICIPANT IN THE PROGRAM, AN APPLICANT MUST
SUBMIT EVIDENCE THAT IT SATISFIES THE ELIGIBILITY CRITERIA SPECIFIED IN
SECTION FOUR HUNDRED TWENTY-THREE OF THIS ARTICLE AND SUBDIVISION TWO OF
THIS SECTION IN SUCH FORM AS THE COMMISSIONER MAY PRESCRIBE. AFTER
REVIEWING SUCH EVIDENCE AND FINDING IT SUFFICIENT, THE DEPARTMENT SHALL
CERTIFY THE APPLICANT AS A PARTICIPANT AND ISSUE TO THAT PARTICIPANT A
CERTIFICATE OF TAX CREDIT FOR ONE TAXABLE YEAR. TO RECEIVE A CERTIFICATE
OF TAX CREDIT FOR SUBSEQUENT TAXABLE YEARS, THE PARTICIPANT MUST SUBMIT
TO THE DEPARTMENT A PERFORMANCE REPORT DEMONSTRATING THAT THE PARTIC-
IPANT CONTINUES TO SATISFY THE ELIGIBILITY CRITERIA SPECIFIED IN SECTION
FOUR HUNDRED TWENTY-THREE OF THIS ARTICLE AND SUBDIVISION TWO OF THIS
SECTION.
5. A PARTICIPANT MAY CLAIM TAX BENEFITS COMMENCING IN THE FIRST TAXA-
BLE YEAR THAT THE BUSINESS ENTERPRISE RECEIVES A CERTIFICATE OF TAX
CREDIT OR THE FIRST TAXABLE YEAR LISTED ON ITS PRELIMINARY SCHEDULE OF
BENEFITS, WHICHEVER IS LATER. A PARTICIPANT MAY CLAIM SUCH BENEFITS FOR
THE NEXT NINE CONSECUTIVE TAXABLE YEARS, PROVIDED THAT THE PARTICIPANT
DEMONSTRATES TO THE DEPARTMENT THAT IT CONTINUES TO SATISFY THE ELIGI-
BILITY CRITERIA SPECIFIED IN SECTION FOUR HUNDRED TWENTY-THREE OF THIS
S. 2 19 A. 2
ARTICLE AND SUBDIVISION TWO OF THIS SECTION IN EACH OF THOSE TAXABLE
YEARS.
S 425. EMPIRE STATE JOBS RETENTION PROGRAM CREDIT. 1. A PARTICIPANT IN
THE EMPIRE STATE JOBS RETENTION PROGRAM SHALL BE ELIGIBLE TO CLAIM A
CREDIT FOR THE IMPACTED JOBS. THE AMOUNT OF SUCH CREDIT SHALL BE EQUAL
TO THE PRODUCT OF THE GROSS WAGES PAID FOR THE IMPACTED JOBS AND 6.85
PERCENT.
2. THE TAX CREDIT ESTABLISHED IN THIS SECTION SHALL BE REFUNDABLE AS
PROVIDED IN THE TAX LAW. IF A PARTICIPANT FAILS TO SATISFY THE ELIGIBIL-
ITY CRITERIA IN ANY ONE YEAR, IT WILL LOSE THE ABILITY TO CLAIM CREDIT
FOR THAT YEAR. THE EVENT OF SUCH FAILURE SHALL NOT EXTEND THE ORIGINAL
TEN-YEAR ELIGIBILITY PERIOD.
3. THE BUSINESS ENTERPRISE SHALL BE ALLOWED TO CLAIM THE CREDIT AS
PRESCRIBED IN SECTION THIRTY-SIX OF THE TAX LAW; PROVIDED, HOWEVER, A
BUSINESS ENTERPRISE SHALL NOT BE ALLOWED TO CLAIM THE CREDIT PRIOR TO
TAX YEAR TWO THOUSAND TWELVE.
4. A PARTICIPANT MAY BE ELIGIBLE FOR BENEFITS UNDER THIS ARTICLE AS
WELL AS ARTICLE SEVENTEEN OF THIS CHAPTER, PROVIDED THE PARTICIPANT CAN
ONLY RECEIVE BENEFITS PURSUANT TO SUBDIVISION TWO OF SECTION THREE
HUNDRED FIFTY-FIVE OF THIS CHAPTER FOR COSTS IN EXCESS OF COSTS RECOV-
ERED BY INSURANCE.
S 426. POWERS AND DUTIES OF THE COMMISSIONER. 1. THE COMMISSIONER
SHALL PROMULGATE REGULATIONS ESTABLISHING AN APPLICATION PROCESS AND
ELIGIBILITY CRITERIA, THAT WILL BE APPLIED CONSISTENT WITH THE PURPOSES
OF THIS ARTICLE, SO AS NOT TO EXCEED THE ANNUAL CAP ON TAX CREDITS SET
FORTH IN SECTION THREE HUNDRED FIFTY-NINE OF THIS CHAPTER WHICH,
NOTWITHSTANDING ANY PROVISIONS TO THE CONTRARY IN THE STATE ADMINISTRA-
TIVE PROCEDURE ACT, MAY BE ADOPTED ON AN EMERGENCY BASIS. SUCH REGU-
LATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO, CRITERIA FOR DETERMINING
WHETHER A BUSINESS ENTITY DEMONSTRATES SUBSTANTIAL PHYSICAL DAMAGE AND
ECONOMIC HARM FROM THE EVENT LEADING TO AN EMERGENCY DECLARATION BY THE
GOVERNOR.
2. THE COMMISSIONER SHALL, IN CONSULTATION WITH THE DEPARTMENT OF
TAXATION AND FINANCE, DEVELOP A CERTIFICATE OF TAX CREDIT THAT SHALL BE
ISSUED BY THE COMMISSIONER TO PARTICIPANTS. PARTICIPANTS MAY BE REQUIRED
BY THE COMMISSIONER OF TAXATION AND FINANCE TO INCLUDE THE CERTIFICATE
OF TAX CREDIT WITH THEIR TAX RETURN TO RECEIVE ANY TAX BENEFITS UNDER
THIS ARTICLE.
3. THE COMMISSIONER SHALL SOLELY DETERMINE THE ELIGIBILITY OF ANY
APPLICANT APPLYING FOR ENTRY INTO THE PROGRAM AND SHALL REMOVE ANY
PARTICIPANT FROM THE PROGRAM FOR FAILING TO MEET ANY OF THE REQUIREMENTS
SET FORTH IN SUBDIVISION TWO OF SECTION FOUR HUNDRED TWENTY-FOUR OF THIS
ARTICLE, OR FOR FAILING TO MEET THE JOB RETENTION REQUIREMENTS SET FORTH
IN SUBDIVISION THREE OF SECTION FOUR HUNDRED TWENTY-THREE OF THIS ARTI-
CLE, OR FOR FAILING TO MEET THE REQUIREMENTS OF SUBDIVISION FIVE OF
SECTION FOUR HUNDRED TWENTY-THREE OF THIS ARTICLE.
S 427. MAINTENANCE OF RECORDS. EACH PARTICIPANT SHALL KEEP ALL RELE-
VANT RECORDS FOR THE DURATION OF ITS PROGRAM PARTICIPATION PLUS THREE
YEARS.
S 428. REPORTING. 1. EACH PARTICIPANT MUST SUBMIT A PERFORMANCE REPORT
ANNUALLY, IN SUCH FORM AS THE COMMISSIONER MAY REQUIRE, WITHIN THIRTY
DAYS OF THE END OF THEIR TAXABLE YEAR.
2. THE COMMISSIONER SHALL PREPARE ON A QUARTERLY BASIS A PROGRAM
REPORT FOR POSTING ON THE DEPARTMENT'S WEBSITE. THE FIRST REPORT WILL BE
DUE JUNE THIRTIETH, TWO THOUSAND THIRTEEN, AND EVERY THREE MONTHS THERE-
AFTER. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
S. 2 20 A. 2
NUMBER OF APPLICANTS; NUMBER OF PARTICIPANTS APPROVED; NAMES OF PARTIC-
IPANTS; TOTAL AMOUNT OF BENEFITS CERTIFIED; BENEFITS RECEIVED PER
PARTICIPANT; TOTAL NUMBER OF RETAINED JOBS; AND SUCH OTHER INFORMATION
AS THE COMMISSIONER DETERMINES.
S 429. CAP ON TAX CREDIT. THE TOTAL AMOUNT OF TAX CREDITS LISTED ON
CERTIFICATES OF TAX CREDIT ISSUED BY THE COMMISSIONER FOR ANY TAXABLE
YEAR MAY NOT EXCEED THE LIMITATIONS SET FORTH IN SECTION THREE HUNDRED
FIFTY-NINE OF THIS CHAPTER, AND SHALL BE ALLOTTED FROM THE FUNDS AVAIL-
ABLE FOR TAX CREDITS UNDER THE EXCELSIOR JOBS PROGRAM ACT.
S 2. The tax law is amended by adding a new section 36 to read as
follows:
S 36. EMPIRE STATE JOBS RETENTION PROGRAM CREDIT. (A) ALLOWANCE OF
CREDIT. A TAXPAYER SUBJECT TO TAX UNDER ARTICLE NINE-A, TWENTY-TWO,
THIRTY-TWO OR THIRTY-THREE OF THIS CHAPTER SHALL BE ALLOWED A CREDIT
AGAINST SUCH TAX, PURSUANT TO THE PROVISIONS REFERENCED IN SUBDIVISION
(E) OF THIS SECTION. THE AMOUNT OF THE CREDIT, ALLOWABLE FOR TEN CONSEC-
UTIVE TAX YEARS, IS EQUAL TO THE AMOUNT DETERMINED PURSUANT TO SECTION
FOUR HUNDRED TWENTY-FIVE OF THE ECONOMIC DEVELOPMENT LAW.
(B) ELIGIBILITY. TO BE ELIGIBLE FOR THE EMPIRE STATE JOBS RETENTION
CREDIT, THE TAXPAYER SHALL HAVE BEEN ISSUED A CERTIFICATE OF TAX CREDIT
BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT PURSUANT TO SUBDIVISION FOUR
OF SECTION FOUR HUNDRED TWENTY-FOUR OF THE ECONOMIC DEVELOPMENT LAW,
WHICH CERTIFICATE SHALL SET FORTH THE AMOUNT OF THE CREDIT THAT MAY BE
CLAIMED FOR THE TAXABLE YEAR. A TAXPAYER MAY CLAIM SUCH CREDIT FOR UP TO
TEN CONSECUTIVE TAXABLE YEARS COMMENCING IN THE FIRST TAXABLE YEAR THAT
THE TAXPAYER RECEIVES A CERTIFICATE OF TAX CREDIT OR THE FIRST TAXABLE
YEAR LISTED ON ITS PRELIMINARY SCHEDULE OF BENEFITS, WHICHEVER IS LATER.
HOWEVER, A TAXPAYER SHALL NOT BE ALLOWED TO CLAIM THE CREDIT PRIOR TO
THE TAX YEAR COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWELVE
AND BEFORE JANUARY FIRST, TWO THOUSAND THIRTEEN. THE TAXPAYER SHALL BE
ALLOWED TO CLAIM ONLY THE AMOUNT LISTED ON THE CERTIFICATE OF TAX CREDIT
FOR THAT TAXABLE YEAR. SUCH CERTIFICATE, IF REQUIRED BY THE COMMISSION-
ER, SHALL BE ATTACHED TO THE TAXPAYER'S RETURN. NO COST OR EXPENSE PAID
OR INCURRED BY THE TAXPAYER WHICH IS INCLUDED AS PART OF THE CALCULATION
OF THIS CREDIT SHALL BE THE BASIS OF ANY OTHER TAX CREDIT.
(C) INFORMATION SHARING. (1) NOTWITHSTANDING ANY PROVISION OF THIS
CHAPTER, EMPLOYEES AND OFFICERS OF THE DEPARTMENT OF ECONOMIC DEVELOP-
MENT AND THE DEPARTMENT SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND
EXCHANGE:
(A) INFORMATION DERIVED FROM TAX RETURNS OR REPORTS THAT IS RELEVANT
TO A TAXPAYER'S ELIGIBILITY TO PARTICIPATE IN THE EMPIRE STATE JOBS
RETENTION PROGRAM;
(B) INFORMATION REGARDING THE CREDIT APPLIED FOR, ALLOWED OR CLAIMED
PURSUANT TO THIS SECTION AND TAXPAYERS WHO ARE APPLYING FOR THE CREDIT
OR WHO ARE CLAIMING THE CREDIT; AND
(C) INFORMATION CONTAINED IN OR DERIVED FROM CREDIT CLAIM FORMS
SUBMITTED TO THE DEPARTMENT AND APPLICATIONS FOR ADMISSION INTO THE
EMPIRE STATE JOBS RETENTION PROGRAM.
EXCEPT AS PROVIDED IN PARAGRAPH TWO OF THIS SUBDIVISION, ALL INFORMA-
TION EXCHANGED BETWEEN THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE
DEPARTMENT SHALL NOT BE SUBJECT TO DISCLOSURE OR INSPECTION UNDER THE
STATE'S FREEDOM OF INFORMATION LAW.
(2) NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER, THE COMMISSIONER OR
THE COMMISSIONER'S DESIGNEE IS AUTHORIZED TO RELEASE THE NAME OF EACH
TAXPAYER CLAIMING THE CREDIT AND THE AMOUNT OF THE CREDIT EARNED BY EACH
TAXPAYER. HOWEVER, IF THE TAXPAYER CLAIMS A CREDIT BECAUSE THE TAXPAYER
S. 2 21 A. 2
IS A MEMBER OF A LIMITED LIABILITY COMPANY, A PARTNER IN A PARTNERSHIP
OR A SHAREHOLDER IN A SUBCHAPTER S CORPORATION, ONLY THE NAME OF A
LIMITED LIABILITY COMPANY, PARTNERSHIP OR SUBCHAPTER S CORPORATION
PARTICIPATING IN THE EMPIRE STATE JOBS RETENTION PROGRAM AND THE AMOUNT
OF CREDIT EARNED BY THAT ENTITY MAY BE RELEASED.
(D) CREDIT RECAPTURE. IF A CERTIFICATE OF ELIGIBILITY OR A CERTIFICATE
OF TAX CREDIT ISSUED BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT UNDER
ARTICLE TWENTY OF THE ECONOMIC DEVELOPMENT LAW IS REVOKED BY SUCH
DEPARTMENT, THE AMOUNT OF CREDIT DESCRIBED IN THIS SECTION AND CLAIMED
BY THE TAXPAYER PRIOR TO THAT REVOCATION SHALL BE ADDED BACK TO TAX IN
THE TAXABLE YEAR IN WHICH ANY SUCH REVOCATION BECOMES FINAL.
(E) CROSS-REFERENCES. FOR APPLICATION OF THE CREDIT PROVIDED FOR IN
THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER:
(1) ARTICLE 9-A: SECTION 210, SUBDIVISION 44;
(2) ARTICLE 22: SECTION 606, SUBSECTION (TT);
(3) ARTICLE 32: SECTION 1456, SUBSECTION (Y);
(4) ARTICLE 33, SECTION 1511, SUBDIVISION (BB).
S 3. Section 210 of the tax law is amended by adding a new subdivision
44 to read as follows:
44. EMPIRE STATE JOBS RETENTION PROGRAM CREDIT. (A) ALLOWANCE OF CRED-
IT. A TAXPAYER WILL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN
SECTION THIRTY-SIX OF THIS CHAPTER, AGAINST THE TAXES IMPOSED BY THIS
ARTICLE.
(B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION
FOR ANY TAXABLE YEAR WILL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS
THAN THE MINIMUM TAX FIXED BY THIS ARTICLE. HOWEVER, IF THE AMOUNT OF
CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE
TAX TO SUCH AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN SUCH
TAXABLE YEAR WILL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR
REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE THOUSAND
EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER, THE PROVISIONS OF
SUBSECTION (C) OF SECTION ONE THOUSAND EIGHTY-EIGHT OF THIS CHAPTER
NOTWITHSTANDING, NO INTEREST WILL BE PAID THEREON.
S 4. Section 606 of the tax law is amended by adding a new subsection
(tt) to read as follows:
(TT) EMPIRE STATE JOBS PROGRAM RETENTION CREDIT. (1) ALLOWANCE OF
CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED
IN SECTION THIRTY-SIX OF THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS
ARTICLE.
(2) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWED UNDER
THIS SUBSECTION FOR ANY TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH
YEAR, THE EXCESS WILL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED
OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED
EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST WILL BE
PAID THEREON.
S 5. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
of the tax law is amended by adding a new clause (xxxiii) to read as
follows:
(XXXIII) EMPIRE STATE JOBS AMOUNT OF CREDIT UNDER
RETENTION PROGRAM CREDIT SUBDIVISION FORTY-FOUR
OF SECTION TWO HUNDRED TEN
OR UNDER SUBSECTION (Y) OF SECTION
FOURTEEN HUNDRED FIFTY-SIX
S 6. Section 1456 of the tax law is amended by adding a new subsection
(y) to read as follows:
S. 2 22 A. 2
(Y) EMPIRE STATE JOBS RETENTION PROGRAM CREDIT. (1) ALLOWANCE OF CRED-
IT. A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN
SECTION THIRTY-SIX OF THIS CHAPTER, AGAINST THE TAXES IMPOSED BY THIS
ARTICLE.
(2) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBSECTION
FOR ANY TAXABLE YEAR WILL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS
THAN THE MINIMUM TAX FIXED BY THIS ARTICLE. HOWEVER, IF THE AMOUNT OF
CREDIT ALLOWED UNDER THIS SUBSECTION FOR ANY TAXABLE YEAR REDUCES THE
TAX TO SUCH AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN SUCH
TAXABLE YEAR WILL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR
REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE THOUSAND
EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER, THE PROVISIONS OF
SUBSECTION (C) OF SECTION ONE THOUSAND EIGHTY-EIGHT OF THIS CHAPTER
NOTWITHSTANDING, NO INTEREST WILL BE PAID THEREON.
S 7. Section 1511 of the tax law is amended by adding a new subdivi-
sion (bb) to read as follows:
(BB) EMPIRE STATE JOBS RETENTION PROGRAM CREDIT. (1) ALLOWANCE OF
CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED
IN SECTION THIRTY-SIX OF THIS CHAPTER, AGAINST THE TAXES IMPOSED BY THIS
ARTICLE.
(2) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION
FOR ANY TAXABLE YEAR WILL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS
THAN THE MINIMUM TAX FIXED BY THIS ARTICLE. HOWEVER, IF THE AMOUNT OF
CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE
TAX TO SUCH AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN SUCH
TAXABLE YEAR WILL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR
REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE THOUSAND
EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER, THE PROVISIONS OF
SUBSECTION (C) OF SECTION ONE THOUSAND EIGHTY-EIGHT OF THIS CHAPTER
NOTWITHSTANDING, NO INTEREST WILL BE PAID THEREON.
S 8. This act shall take effect immediately; provided however that
sections two, three, four, five, six and seven of this act shall apply
to taxable years beginning on and after January 1, 2012.
PART F
Section 1. This act shall be known and may be cited as the "Infras-
tructure investment act".
S 2. The legislature hereby finds and declares as follows:
(1) Our state's aging infrastructure, the on-going economic crisis and
the resulting increase in unemployment in the state have all contributed
to a decline in our state's competitiveness and in a significant
decrease in New York state tax revenues.
(2) Sufficient modern infrastructure is of paramount importance not
only as a catalyst for job creation but also as a key driver for the
state's economic performance and competitiveness and the health, safety,
education and quality of life of our citizens and as the means to ensure
the efficient movement of people and goods.
(3) Expediting the delivery of projects in New York state would lead
directly to job creation and increases in the state's competitiveness.
(4) Businesses in New York state have extensive and diverse experience
in alternative project delivery methods for the study, planning, design,
development, financing, acquisition, installation, construction, recon-
struction, improvement, maintenance and management of public infrastruc-
ture facilities. These alternative project delivery methods provide
significant benefits to the public by:
S. 2 23 A. 2
(a) Reducing the public cost of delivering and obtaining services for
infrastructure assets;
(b) Expediting project delivery;
(c) Encouraging life cycle efficiencies;
(d) Providing better use and leverage of public human and capital
resources, and enhancing capital formation for large projects;
(e) Creating jobs;
(f) Promoting performance efficiencies; and
(g) Bringing additional innovative best practice contracting by the
private sector to bear on public infrastructure needs within the state.
(5) For certain projects, the design-build project delivery method has
the potential to achieve projects delivered on guaranteed or accelerated
schedules, lower costs and risk shifting to the private sector generally
retained in conventional design-bid-build projects as well as to accel-
erate capital investments throughout the state.
(6) Recognizing the need to repair the state's aging infrastructure
and maximize job creation in New York, the Governor and Legislature seek
to:
(a) accelerate capital investment in New York state's infrastructure;
(b) coordinate among New York state's agencies and authorities on
capital investment;
(c) encourage private sector capital investment in New York;
(d) ensure that job creation benefits New York workers; and
(e) assist the use of the most efficient and effective procurement and
project management for infrastructure projects in the transportation,
energy, environment, public facilities, and economic development
sectors.
S 3. For the purposes of this act:
(a) "authorized state entity" shall mean the New York state thruway
authority, the department of transportation, the office of parks, recre-
ation and historic preservation, the department of environmental conser-
vation and the New York state bridge authority.
(b) "best value" shall mean the basis for awarding contracts for
services to the offerer that optimize quality, cost and efficiency,
price and performance criteria, which may include, but is not limited
to:
1. The quality of the contractor's performance on previous projects;
2. The timeliness of the contractor's performance on previous
projects;
3. The level of customer satisfaction with the contractor's perform-
ance on previous projects;
4. The contractor's record of performing previous projects on budget
and ability to minimize cost overruns;
5. The contractor's ability to limit change orders;
6. The contractor's ability to prepare appropriate project plans;
7. The contractor's technical capacities;
8. The individual qualifications of the contractor's key personnel;
9. The contractor's ability to assess and manage risk and minimize
risk impact; and
10. The contractor's past record of compliance with article 15-A of
the executive law.
Such basis shall reflect, wherever possible, objective and quantifi-
able analysis.
(c) "capital project" shall have the same meaning as such term is
defined by subdivision 2-a of section 2 of the state finance law.
S. 2 24 A. 2
(d) "cost plus" shall mean compensating a contractor for the cost to
complete a contract by reimbursing actual costs for labor, equipment and
materials plus an additional amount for overhead and profit.
(e) "design-build contract" shall mean a contract for the design and
construction of a capital project with a single entity, which may be a
team comprised of separate entities.
(f) "procurement record" means documentation of the decisions made and
the approach taken in the procurement process.
S 4. Notwithstanding the provisions of section 38 of the highway law,
section 136-a of the state finance law, section 359 of the public
authorities law, section 7210 of the education law, and the provisions
of any other law to the contrary, and in conformity with the require-
ments of this act, an authorized state entity may utilize the alterna-
tive delivery method referred to as design-build contracts for capital
projects related to the state's physical infrastructure, including, but
not limited to, the state's highways, bridges, dams, flood control
projects, canals, and parks, including, but not limited to, to repair
damage caused by natural disaster, to correct health and safety defects,
to comply with federal and state laws, standards, and regulations, to
extend the useful life of or replace the state's highways, bridges,
dams, flood control projects, canals, and parks or to improve or add to
the state's highways, bridges, dams, flood control projects, canals, and
parks; provided that for the contracts executed by the department of
transportation, the office of parks, recreation and historic preserva-
tion, or the department of environmental conservation, the total cost of
each such project shall not be less than one million two hundred thou-
sand dollars ($1,200,000).
S 5. An entity selected by an authorized state entity to enter into a
design-build contract shall be selected through a two-step method, as
follows:
(a) Step one. Generation of a list of entities that have demonstrated
the general capability to perform the design-build contract. Such list
shall consist of a specified number of entities, as determined by an
authorized state entity, and shall be generated based upon the author-
ized state entity's review of responses to a publicly advertised request
for qualifications. The authorized state entity's request for qualifica-
tions shall include a general description of the project, the maximum
number of entities to be included on the list, and the selection crite-
ria to be used in generating the list. Such selection criteria shall
include the qualifications and experience of the design and construction
team, organization, demonstrated responsibility, ability of the team or
of a member or members of the team to comply with applicable require-
ments, including the provisions of articles 145, 147 and 148 of the
education law, past record of compliance with the labor law, and such
other qualifications the authorized state entity deems appropriate which
may include but are not limited to project understanding, financial
capability and record of past performance. The authorized state entity
shall evaluate and rate all entities responding to the request for qual-
ifications. Based upon such ratings, the authorized state entity shall
list the entities that shall receive a request for proposals in accord-
ance with subdivision (b) of this section. To the extent consistent
with applicable federal law, the authorized state entity shall consider,
when awarding any contract pursuant to this section, the participation
of: (i) firms certified pursuant to article 15-A of the executive law as
minority or women-owned businesses and the ability of other businesses
under consideration to work with minority and women-owned businesses so
S. 2 25 A. 2
as to promote and assist participation by such businesses; and (ii)
small business concerns identified pursuant to subdivision (b) of
section 139-g of the state finance law.
(b) Step two. Selection of the proposal which is the best value to the
state. The authorized state entity shall issue a request for proposals
to the entities listed pursuant to subdivision (a) of this section. If
such an entity consists of a team of separate entities, the entities
that comprise such a team must remain unchanged from the entity as list-
ed pursuant to subdivision (a) of this section unless otherwise approved
by the authorized state entity. The request for proposals shall set
forth the project's scope of work, and other requirements, as determined
by the authorized state entity. The request for proposals shall specify
the criteria to be used to evaluate the responses and the relative
weight of each such criteria. Such criteria shall include the
proposal's cost, the quality of the proposal's solution, the qualifica-
tions and experience of the design-build entity, and other factors
deemed pertinent by the authorized state entity, which may include, but
shall not be limited to, the proposal's project implementation, ability
to complete the work in a timely and satisfactory manner, maintenance
costs of the completed project, maintenance of traffic approach, and
community impact. Any contract awarded pursuant to this act shall be
awarded to a responsive and responsible entity that submits the
proposal, which, in consideration of these and other specified criteria
deemed pertinent to the project, offers the best value to the state, as
determined by the authorized state entity. Nothing herein shall be
construed to prohibit the authorized entity from negotiating final
contract terms and conditions including cost.
S 6. Any contract entered into pursuant to this act shall include a
clause requiring that any professional services regulated by articles
145, 147 and 148 of the education law shall be performed and stamped and
sealed, where appropriate, by a professional licensed in accordance with
such articles.
S 7. Construction for each capital project undertaken by the author-
ized state entity pursuant to this act shall be deemed a "public work"
to be performed in accordance with the provisions of article 8 of the
labor law, as well as subject to sections 200, 240, 241 and 242 of the
labor law and enforcement of prevailing wage requirements by the New
York state department of labor.
S 8. If otherwise applicable, capital projects undertaken by the
authorized state entity pursuant to this act shall be subject to section
135 of the state finance law and section 222 of the labor law.
S 9. Each contract entered into by the authorized state entity pursu-
ant to this section shall comply with the objectives and goals of minor-
ity and women-owned business enterprises pursuant to article 15-A of the
executive law or, for projects receiving federal aid, shall comply with
applicable federal requirements for disadvantaged business enterprises.
S 10. Capital projects undertaken by the authorized state entity
pursuant to this act shall be subject to the requirements of article
eight of the environmental conservation law, and, where applicable, the
requirements of the national environmental policy act.
S 11. If otherwise applicable, capital projects undertaken by the
authorized state entity pursuant to this act shall be governed by
sections 139-d, 139-j, 139-k, paragraph f of subdivision 1 and paragraph
g of subdivision 9 of section 163 of the state finance law.
S. 2 26 A. 2
S 12. The submission of a proposal or responses or the execution of a
design-build contract pursuant to this act shall not be construed to be
a violation of section 6512 of the education law.
S 13. Nothing contained in this act shall limit the right or obli-
gation of the authorized state entity to comply with the provisions of
any existing contract, including any existing contract with or for the
benefit of the holders of the obligations of the authorized state enti-
ty, or to award contracts as otherwise provided by law.
S 14. Alternative construction awarding processes. (i) Notwithstand-
ing the provisions of any other law to the contrary, the authorized
state entity may award a construction contract:
1. To the contractor offering the best value; or
2. Utilizing a cost-plus not to exceed guaranteed maximum price form
of contract in which the authorized state entity shall be entitled to
monitor and audit all project costs. In establishing the schedule and
process for determining a guaranteed maximum price, the contract between
the authorized state entity and the contractor shall:
(a) describe the scope of the work and the cost of performing such
work;
(b) include a detailed line item cost breakdown;
(c) include a list of all drawings, specifications and other informa-
tion on which the guaranteed maximum price is based;
(d) include the dates for substantial and final completion on which
the guaranteed maximum price is based; and
(e) include a schedule of unit prices; or
3. Utilizing a lump sum contract in which the contractor agrees to
accept a set dollar amount for a contract which comprises a single bid
without providing a cost breakdown for all costs such as for equipment,
labor, materials, as well as such contractor's profit for completing all
items of work comprising the project.
(ii) Capital projects undertaken by an authorized state entity may
include an incentive clause in the contract for various performance
objectives, but the incentive clause shall not include an incentive that
exceeds the quantifiable value of the benefit received by the state. The
authorized state entity shall establish such performance and payment
bonds as it deems necessary.
S 15. Prequalified contractors. (a) Notwithstanding any other
provision of law, the authorized state entity may maintain a list of
prequalified contractors who are eligible to submit a proposal pursuant
to this act and entry into such list shall be continuously available.
Prospective contractors may be prequalified as contractors to provide
particular types of construction, in accordance with general criteria
established by the authorized state entity which may include, but shall
not be limited to, the experience, past performance, ability to under-
take the type and complexity of work, financial capability, responsibil-
ity, compliance with equal employment opportunity requirements and anti-
discrimination laws, and reliability. Such prequalification may be by
categories designed by size and other factors.
(b) A contractor who is denied prequalification or whose prequalifica-
tion is revoked or suspended by the authorized state entity may appeal
such decision to the authorized state entity. If such a suspension
extends for more than three months, it shall be deemed a revocation of
the prequalification. The authorized state entity may proceed with the
contract award during any appeal.
S 16. Nothing in this act shall affect existing powers of New York
state public entities to use alternative project delivery methods.
S. 2 27 A. 2
S 17. This act shall take effect immediately and shall expire and be
deemed repealed 3 years after such date, provided that, projects with
requests for qualifications issued prior to such repeal shall be permit-
ted to continue under this act notwithstanding such repeal.
PART G
Section 1. Short title. This act shall be known and may be cited as
the "Hurricane Irene and Tropical Storm Lee assessment relief act".
S 2. Definitions. For the purposes of this act, the following terms
shall have the following meanings:
1. "Eligible county" shall mean those counties which have been
included in the federal disaster declarations for either Hurricane Irene
or Tropical Storm Lee or both.
2. "Catastrophically impacted property" shall mean a property which is
located in an eligible municipality and which lost fifty percent or more
of its value as a result of either Hurricane Irene or Tropical Storm Lee
or both.
3. "Eligible municipality" shall mean a municipal corporation, as
defined by subdivision ten of section one hundred two of the real prop-
erty tax law, which is either (a) an eligible county, or (b) a city,
town, village or school district that is wholly or partly contained
within an eligible county.
4. "Impacted assessment roll" shall mean a final assessment roll which
satisfies both of the following conditions: (a) the roll is based upon a
taxable status date occurring prior to August twenty-seventh, two thou-
sand eleven, and (b) taxes levied upon that roll by or on behalf of a
participating municipality are payable without interest on or after
August twenty-seventh, two thousand eleven.
5. "Participating municipality" shall mean an eligible municipal
corporation that has chosen to provide assessment relief to owners of
catastrophically impacted properties pursuant to section three of this
act.
S 3. Local option. An eligible municipality may exercise the
provisions of this act if its governing body shall, by the forty-fifth
day following the date upon which this act is approved by the governor,
pass a resolution adopting the provisions of this act.
S 4. Assessment relief for flood victims. (a) Notwithstanding any
provision of law to the contrary, where property was catastrophically
impacted by either Hurricane Irene or Tropical Storm Lee or both and is
located within a participating municipality, assessment relief shall be
granted as follows:
i. If the property lost at least fifty but less than sixty percent of
its value due to either Hurricane Irene or Tropical Storm Lee or both,
the taxable assessed value of the property shall be reduced by fifty-
five percent for purposes of the participating municipality on the
impacted assessment roll.
ii. If the property lost at least sixty but less than seventy percent
of its value due to either Hurricane Irene or Tropical Storm Lee or
both, the taxable assessed value of the property shall be reduced by
sixty-five percent for purposes of the participating municipality on the
impacted assessment roll.
iii. If the property lost at least seventy but less than eighty
percent of its value due to either Hurricane Irene or Tropical Storm Lee
or both, the taxable assessed value of the property shall be reduced by
S. 2 28 A. 2
seventy-five percent for purposes of the participating municipality on
the impacted assessment roll.
iv. If the property lost at least eighty but less than ninety percent
of its value due to either Hurricane Irene or Tropical Storm Lee or
both, the taxable assessed value of the property shall be reduced by
eighty-five percent for purposes of the participating municipality on
the impacted assessment roll.
v. If the property lost at least ninety but less than one hundred
percent of its value due to either Hurricane Irene or Tropical Storm Lee
or both, the taxable assessed value of the property shall be reduced by
ninety-five percent for purposes of the participating municipality on
the impacted assessment roll.
vi. If the property lost all of its value due to either Hurricane
Irene or Tropical Storm Lee or both, the taxable assessed value of the
property shall be reduced to zero for purposes of the participating
municipality on the impacted assessment roll.
vii. The percentage loss in value for this purpose shall be determined
by the assessor in the manner provided by this act, subject to review by
the board of assessment review.
viii. No reduction in taxable assessed value shall be granted pursuant
to this act except as specified above. No reduction in taxable assessed
value shall be granted pursuant to this section for purposes of any
county, city, town, village or school district which has not adopted the
provisions of this act.
(b) To receive such relief pursuant to this act, the property owner
shall submit a written request to the assessor within ninety days
following the date upon which this act is approved by the governor.
Such request need not be in a particular format but shall describe in
reasonable detail the damage caused to the property by either Hurricane
Irene or Tropical Storm Lee or both and the condition of the property
following the hurricane or storm or both, and shall be accompanied by
supporting documentation if available.
(c) Upon receiving such a request, the assessor shall make a finding
as to whether the property lost at least half of its value as a result
of the hurricane or storm or both, and if so, shall classify the
percentage loss of value within one of the following ranges:
i. At least fifty percent but less than sixty percent,
ii. At least sixty percent but less than seventy percent,
iii. At least seventy percent but less than eighty percent,
iv. At least eighty percent but less than ninety percent,
v. At least ninety percent but less than one hundred percent, or
vi. one hundred percent.
(d) The assessor shall mail written notice of such finding to the
property owner and the participating municipality. Where the assessor
finds that the loss in value is less than fifty percent, or classifies
the loss within a lower range than the property owner believes is
warranted, the property owner may file a complaint with the board of
assessment review. Such board shall reconvene upon ten days written
notice to the property owner and assessor to hear the appeal and deter-
mine the matter, and shall mail written notice of its determination to
the assessor and property owner. The provisions of article five of the
real property tax law shall govern the review process to the extent
practicable.
(e) Where property has lost at least fifty percent of its value due to
either Hurricane Irene or Tropical Storm Lee or both, the taxable
assessed value of the property on the impacted assessment roll shall be
S. 2 29 A. 2
reduced by the appropriate percentage specified in paragraph (a) of this
section, provided that any exemptions which the property may be receiv-
ing shall be adjusted as necessary to account for such reduction in the
taxable assessed value. To the extent the taxable assessed value of the
property originally appearing on such roll exceeds the amount to which
it should be reduced pursuant to this act, the excess shall be consid-
ered an error in essential fact as defined by section five hundred fifty
of the real property tax law. If the error appears on a tax roll, the
tax roll shall be corrected in the manner provided by section five
hundred fifty-four of the real property tax law or a refund or credit of
taxes shall be granted in the manner provided by section five hundred
fifty-six or five hundred fifty-six-b of the real property tax law. If
the error appears on a final assessment roll but not on a tax roll, such
final assessment roll shall be corrected in the manner provided by
section five hundred fifty-three of the real property tax law.
(f) The rights contained in this act shall not otherwise diminish any
other legally available right of any property owner or party who may
otherwise lawfully challenge the valuation or assessment of any real
property or improvements thereon. All remaining rights hereby remain and
shall be available to the party to whom such rights would otherwise be
available notwithstanding this act.
S 5. School districts held harmless. Each school district that is
wholly or partially contained within an eligible county, as defined in
subdivision one of section two of this act, shall be held harmless by
the state for any reduction in state aid that would have been paid as
tax savings pursuant to section 1306-a of the real property tax law
incurred due to the provisions of this act.
S 6. The director of the office of real property tax services, or
other chief administrative official of that office within the department
of taxation and finance is authorized to develop a guidance memorandum
for use by assessing units. Such guidance memorandum shall assist with
the implementation of this act and shall be deemed to be binding on all
assessing units in counties which implement the provisions of this act.
The guidance memorandum shall have no force or effect or serve as
authority for any other act of assessing units or of the interpretation
or implementation of the laws of the state of New York except as they
relate to the specific implementation of this act.
S 7. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after August 26, 2011.
PART H
Section 1. There is hereby created the Hurricane Irene-Tropical Storm
Lee Flood Recovery Grant Program.
1. (a) Small businesses, farms, multiple dwellings and not-for-profit
organizations that sustained direct physical flood-related damage as a
result of Hurricane Irene or Tropical Storm Lee are eligible to apply
for a grant under this section. Such grant shall be in an amount no more
than $20,000 and shall be used for storm-related repairs and restoration
to structures, and for other storm-related costs, which were not covered
by any other federal, state or local recovery program or any third-party
payors.
(b) Empire state development shall administer this grant program,
which shall not exceed $21,000,000. Empire state development is hereby
empowered to establish grant guidelines and additional eligibility
criteria, based on available flood damage data provided by applicable
S. 2 30 A. 2
federal agencies, as it deems necessary to effectuate the administration
of this program. In providing assistance pursuant to this section,
empire state development shall give preference to applicants that demon-
strate the greatest need, based on available flood damage data provided
by applicable federal agencies.
2. (a) Empire state development, in consultation with the department
of environmental conservation, shall administer a grant program for
counties for flood mitigation or flood control projects in creeks,
streams, and brooks. Only counties that have been included in the
federal disaster declarations for Hurricane Irene or Tropical Storm Lee
are eligible to apply for a grant under this subdivision.
(b) This grant program shall not exceed $9,000,000. Individual grants
shall be not less than $300,000 and not more than $500,000, provided
however, counties may jointly apply for such grants, and the amount for
such joint grants may equal the sum of the amounts that would have been
separately available to the individual counties making such joint appli-
cation. Empire state development, in consultation with the department of
environmental conservation, is hereby empowered to establish grant
guidelines and additional eligibility criteria, based on available flood
damage data provided by applicable federal agencies, as it deems neces-
sary to effectuate the administration of this program. In providing
assistance pursuant to this section, empire state development shall give
preference to applicants that demonstrate the greatest need, based on
available flood damage data provided by applicable federal agencies.
Priority also may be given to remediation which if not undertaken may
result in additional flooding.
3. The director of the budget, in consultation with the temporary
president of the senate and the speaker of the assembly, shall develop a
plan and criteria regarding distribution of funding to municipalities
located in an area which was included in a federal disaster declaration
for either Hurricane Irene or Tropical Storm Lee. Such program shall not
exceed $20,000,000. The director of the budget may direct and authorize
any other state agency to assist in administration and distribution of
these funds.
S 2. This act shall take effect immediately.
PART I
Section 1. The real property tax law is amended by adding a new
section 1326-b to read as follows:
S 1326-B. PAYMENT OF TAXES IN INSTALLMENTS IN CERTAIN SCHOOL DISTRICTS
AFFECTED BY FLOODS OR NATURAL DISASTERS. 1. NOTWITHSTANDING ANY
PROVISIONS OF THIS CHAPTER OR ANY OTHER GENERAL OR SPECIAL LAW TO THE
CONTRARY, A SCHOOL DISTRICT WHICH IS WHOLLY OR PARTIALLY CONTAINED WITH-
IN A COUNTY WHICH HAS BEEN INCLUDED IN A FEDERAL DISASTER DECLARATION
MAY, BY RESOLUTION IN ANY YEAR DURING WHICH A FLOOD OR OTHER NATURAL
DISASTER OCCURS IN THE SIX MONTHS PRECEDING THE DUE DATE FOR SCHOOL
TAXES, PROVIDE THAT EVERY TAX IN EXCESS OF FIFTY DOLLARS LEVIED BY THE
BOARD PURSUANT TO LAW MAY BE PAID IN INSTALLMENTS IN AMOUNTS AND DATES
SPECIFIED IN THE RESOLUTION. SUCH RESOLUTION SHALL APPLY ONLY FOR ONE
YEAR; PROVIDED THAT NOTHING SHALL PRECLUDE THE ADOPTION OF ADDITIONAL
SUCH AUTHORIZATIONS IF SUBSEQUENT DISASTERS OCCUR.
2. WHEN SUCH A RESOLUTION IS IN EFFECT IN A SCHOOL DISTRICT, THE
COLLECTING OFFICER SHALL BE AUTHORIZED TO RECEIVE SUCH TAXES UNTIL THE
DATE SPECIFIED IN THE RESOLUTION FOR THE PAYMENT OF TAXES. THE COLLECT-
ING OFFICER SHALL BE IN ATTENDANCE TO RECEIVE THE INSTALLMENTS OF TAXES
S. 2 31 A. 2
AT THE SAME PLACES AND HOURS SPECIFIED FOR THE RECEIPT OF THE FIRST
INSTALLMENT, AT LEAST THREE DAYS IN EACH WEEK FOR THE TWO WEEKS PRECED-
ING THE FINAL DATE FOR PAYMENT OF THE INSTALLMENTS. IN THE EVENT THAT
THE FIRST INSTALLMENT OF ANY TAX IS NOT PAID WITHIN THE TIME SPECIFIED,
THE COLLECTING OFFICER MAY RECEIVE THE SAME AT ANY TIME UNTIL THE EXPI-
RATION OF HIS WARRANT WITH INTEREST AS DETERMINED PURSUANT TO SECTION
NINE HUNDRED TWENTY-FOUR-A OF THIS CHAPTER UNTIL PAID. THE COLLECTING
OFFICER'S WARRANT AND NOTICE OF RECEIPT THEREOF SHALL BE CONFORMED IN
ACCORDANCE WITH THIS SECTION.
3. AT THE EXPIRATION OF HIS WARRANT, THE COLLECTING OFFICER SHALL MAKE
A RETURN OF UNPAID TAXES IN THE SAME MANNER AS PROVIDED IN SECTION THIR-
TEEN HUNDRED THIRTY OR SECTION THIRTEEN HUNDRED THIRTY-TWO OF THIS ARTI-
CLE, AS APPLICABLE.
4. FOR SCHOOL AID PAYMENTS FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND
TWELVE SCHOOL YEAR, THE STATE IS AUTHORIZED TO ADVANCE TO ANY SCHOOL
DISTRICT WHICH ADOPTS A RESOLUTION PURSUANT TO THIS SECTION ANY SCHOOL
AID PAYMENT OR PORTION THEREOF AT ANY TIME AUTHORIZED BY THE COMMISSION-
ER OF EDUCATION, THE COMPTROLLER, AND THE DIRECTOR OF THE DIVISION OF
THE BUDGET.
5. A SCHOOL DISTRICT IS AUTHORIZED TO REFUND TO TAXPAYERS ANY PORTIONS
PREVIOUSLY PAID BY TAXPAYERS IF THE SCHOOL BOARD ADOPTS A RESOLUTION TO
THAT EFFECT, WHICH ESTABLISHES AN INSTALLMENT PAYMENT SCHEDULE. IF SUCH
RESOLUTION IS ADOPTED, THEN ANY TAXPAYER HAVING PAID ALL OR A PORTION OF
THEIR TAX PAYMENT SHALL BE ENTITLED TO SUCH REFUND UPON ENTERING INTO AN
AGREEMENT WITH THE SCHOOL DISTRICT FOR THE PAYMENT OF THEIR TAXES
ACCORDING TO THE SCHEDULE ADOPTED BY THE SCHOOL DISTRICT. ANY UNPAID
TAXES SHALL BE TIMELY PAID IF THE PAYMENT OTHERWISE COMPORTS WITH THE
RESOLUTION SCHEDULE ADOPTED BY THE SCHOOL DISTRICT.
S 2. This act shall take effect immediately; provided however that
subdivision 4 of section 1326-b of the real property tax law, as added
by section one of this act shall expire and be deemed repealed on June
30, 2012.
PART J
Section 1. Section 182 of the executive law, as added by a chapter of
the laws of 2011, amending the executive law, in relation to a prohibi-
tion on diversion of resources from dedicated funds derived from taxes
and fees that support the metropolitan transportation authority or the
New York city transit authority and their subsidiaries in certain
instances, as proposed in legislative bills numbers S. 4257-C and A.
6766-C, is amended to read as follows:
S 182. Diversion of funds dedicated to the metropolitan transportation
authority or the New York city transit authority and any of their
subsidiaries to the general fund of the state is prohibited. [1.] The
director shall be prohibited from diverting revenues derived from taxes
and fees paid by the public into any fund created by law including, but
not limited to sections eighty-eight-a and eighty-nine-c of the state
finance law and chapter twenty-five of the laws of two thousand nine for
the purpose of funding the metropolitan transportation authority or the
New York city transit authority and any of their subsidiaries into the
general fund of the state or into any other fund maintained for the
support of another governmental purpose. No diversion of funds can occur
contrary to this section by an administrative act of the director or any
other person in the executive branch [but can occur only upon] UNLESS
THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH EMERGEN-
S. 2 32 A. 2
CY TO THE TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY,
AND a statute IS enacted into law authorizing a diversion that would
otherwise be prohibited by this section.
[2. If any diversion of funds occurs by passage of legislation during
a regular or extraordinary session of the legislature, the budget or
legislation diverting funds shall include a diversion impact statement
which includes the following information:
(a) The amount of the diversion from dedicated mass transit funds;
(b) The amount diverted from each fund;
(c) The amount diverted expressed as current monthly transit fares;
(d) The cumulative amount of diversion from dedicated mass transit
funds during the preceding five years;
(e) The date or dates when the diversion is to occur; and
(f) A detailed estimate of the impact of diversion from dedicated mass
transit funds will have on the level of mass transit service, mainte-
nance, security, and the current capital program.]
S 2. This act shall take effect on the same date as a chapter of the
laws of 2011, amending the executive law, in relation to a prohibition
on diversion of resources from dedicated funds derived from taxes and
fees that support the metropolitan transportation authority or the New
York city transit authority and their subsidiaries in certain instances,
as proposed in legislative bills numbers S. 4257-C and A. 6766-C, takes
effect.
PART K
Section 1. Subdivision (b) of section 13 of chapter 260 of the laws of
2011, relating to establishing components of the NY-SUNY 2020 challenge
grant program, is amended to read as follows:
(b) [If any such university center campus related foundation, alumni
association or affiliate thereof, any not-for-profit corporation or
association organized by the president of a university center to further
its purposes, or any limited liability company whose sole member is any
of the foregoing entities, or by the State University of New York, the
State University Construction Fund, or the Dormitory Authority of the
State of New York, on behalf of a university center at Albany, Bingham-
ton, or Stony Brook does not require a project labor agreement, then any
contractor, subcontractor, lease, grant, bond, covenant or other agree-
ments for a project shall be awarded pursuant to section 135 of the
state finance law] NOTWITHSTANDING SUBDIVISION (A) OF THIS SECTION, ANY
CONTRACTS AWARDED OR ENTERED INTO PURSUANT TO THE SUNY 2020 CHALLENGE
GRANT PROGRAM BY ANY UNIVERSITY CENTER CAMPUS RELATED FOUNDATION, ALUMNI
ASSOCIATION OR AFFILIATE THEREOF, ANY NOT-FOR-PROFIT CORPORATION OR
ASSOCIATION ORGANIZED BY THE PRESIDENT OF A UNIVERSITY CENTER TO FURTHER
ITS PURPOSES, OR ANY LIMITED LIABILITY COMPANY WHOSE SOLE MEMBER IS ANY
OF THE FOREGOING ENTITIES, OR BY THE STATE UNIVERSITY OF NEW YORK, THE
STATE UNIVERSITY CONSTRUCTION FUND, OR THE DORMITORY AUTHORITY OF THE
STATE OF NEW YORK, ON BEHALF OF A UNIVERSITY CENTER AT ALBANY, BINGHAM-
TON, OR STONY BROOK SHALL BE UNDERTAKEN PURSUANT TO A PROJECT LABOR
AGREEMENT, AS DEFINED IN SUBDIVISION 1 OF SECTION 222 OF THE LABOR LAW,
PROVIDED A STUDY DONE BY OR FOR THE CONTRACTING ENTITY DETERMINES THAT A
PROJECT LABOR AGREEMENT WILL BENEFIT SUCH CONSTRUCTION, RECONSTRUCTION,
RENOVATION, REHABILITATION, IMPROVEMENT OR EXPANSION THROUGH REDUCED
RISK OF DELAY, POTENTIAL COST SAVINGS OR POTENTIAL REDUCTION IN THE RISK
OF LABOR UNREST IN LIGHT OF ANY PERTINENT LOCAL HISTORY THEREOF.
S. 2 33 A. 2
S 2. This act shall take effect immediately; provided, however, that
the amendments to section 13 of chapter 260 of the laws of 2011 made by
section one of this act shall not affect the expiration of such section
and shall be deemed to expire therewith.
S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to the invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through K of this act shall be
as specifically set forth in the last section of such Parts.