S T A T E O F N E W Y O R K
________________________________________________________________________
4685
2017-2018 Regular Sessions
I N S E N A T E
February 24, 2017
___________
Introduced by Sen. SANDERS -- read twice and ordered printed, and when
printed to be committed to the Committee on Commerce, Economic Devel-
opment and Small Business
AN ACT to amend the economic development law, the real property tax law
and the tax law, in relation to the manufacturing development zone
program and tax credits related thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The economic development law is amended by adding a new
article 23 to read as follows:
ARTICLE 23
MANUFACTURING DEVELOPMENT ZONE PROGRAM
SECTION 450. DEFINITIONS.
451. PURPOSE.
452. ELIGIBILITY AND APPLICATION PROCESS.
453. TAX CREDIT INCENTIVES.
§ 450. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. "AREA" MEANS A GEOGRAPHIC AREA IN ONE OR MORE POLITICAL SUBDIVI-
SIONS IN THE STATE DESCRIBED BY A CLOSED PERIMETER BOUNDARY.
2. "BUSINESS ENTITY" MEANS A PERSON THAT OPERATES OR CONDUCTS A TRADE
OR BUSINESS THAT IS ENGAGED IN HEAVY MANUFACTURING.
3. "HEAVY MANUFACTURING" MEANS A MANUFACTURING PROCESS THAT INVOLVES
LARGE SCALE PROJECTS. IT INCLUDES CONSTRUCTION, MINING, AND METAL PROC-
ESSING, BUT DOES NOT INCLUDE THE PROCESSING, FABRICATING, ASSEMBLY OR
DISASSEMBLY OF APPAREL, DECORATIONS, ELECTRONIC DEVICES, FOOD, HOME
ACCESSORIES, INSTRUMENTS, JEWELRY, LEATHER, PAPER, OR TEXTILES.
4. "MANUFACTURING DEVELOPMENT ZONE" MEANS AN AREA DESIGNATED AS A
MANUFACTURING DEVELOPMENT ZONE BY THE COMMISSIONER UNDER SUBDIVISION
FOUR OF SECTION FOUR HUNDRED FIFTY-TWO OF THIS ARTICLE.
5. "POLITICAL SUBDIVISION" MEANS A COUNTY OR MUNICIPAL CORPORATION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02297-01-7
S. 4685 2
6. "SUBMISSION DATE" MEANS APRIL FIFTEENTH OR OCTOBER FIFTEENTH.
§ 451. PURPOSE. THE PURPOSE OF THE MANUFACTURING DEVELOPMENT ZONE
PROGRAM IS TO ENCOURAGE BUSINESS ENTITIES ENGAGED IN MANUFACTURING
OUTSIDE THE STATE TO INVEST IN MANUFACTURING FACILITIES IN MANUFACTURING
DEVELOPMENT ZONES.
§ 452. ELIGIBILITY AND APPLICATION PROCESS. 1. THE FOLLOWING POLITICAL
SUBDIVISIONS MAY APPLY TO DESIGNATE A MANUFACTURING DEVELOPMENT ZONE:
(A) A POLITICAL SUBDIVISION FOR AN AREA WITHIN A POLITICAL SUBDIVI-
SION;
(B) WITH THE PRIOR CONSENT OF THE MUNICIPAL CORPORATION, A COUNTY ON
BEHALF OF A MUNICIPAL CORPORATION FOR AN AREA IN THE MUNICIPAL CORPO-
RATION; OR
(C) TWO OR MORE POLITICAL SUBDIVISIONS JOINTLY FOR AN AREA ASTRIDE
THEIR COMMON BOUNDARIES;
2. THE APPLICATION SHALL:
(A) BE IN THE FORM AND MANNER AND CONTAIN THE INFORMATION THAT THE
COMMISSIONER REQUIRES BY REGULATION;
(B) BE SUBMITTED FOR A POLITICAL SUBDIVISION BY ITS CHIEF ELECTED
OFFICER OR, IF NONE, ITS GOVERNING BODY;
(C) STATE WHETHER THE POLITICAL SUBDIVISION HAS EXAMINED THE FEASIBIL-
ITY OF CREATING EDUCATIONAL OR TRAINING OPPORTUNITIES FOR EMPLOYERS AND
EMPLOYEES OF BUSINESS ENTITIES LOCATED OR TO BE LOCATED IN THE PROPOSED
MANUFACTURING DEVELOPMENT ZONE;
(D) STATE THE STANDARDS ESTABLISHED BY THE POLITICAL SUBDIVISION THAT
A BUSINESS ENTITY SHALL MEET BEFORE RECEIVING THE INCENTIVES AND INITI-
ATIVES UNDER SECTION FOUR HUNDRED FIFTY-THREE OF THIS ARTICLE; AND
(E) STATE THE METHODS THAT THE POLITICAL SUBDIVISIONS WILL USE TO
TARGET AND ATTRACT BUSINESS ENTITIES.
3. (A) THE COMMISSIONER SHALL SUBMIT EACH APPLICATION TO THE DEPART-
MENT.
(B) WITHIN THIRTY DAYS OF RECEIVING AN APPLICATION, THE DEPARTMENT
SHALL APPROVE OR REJECT AN APPLICATION.
4. (A) WITHIN SIXTY DAYS AFTER A SUBMISSION DATE, THE COMMISSIONER MAY
DESIGNATE ONE OR MORE MANUFACTURING DEVELOPMENT ZONES FROM AMONG THE
AREAS DESCRIBED IN THE APPLICATIONS AND APPROVED BY THE DEPARTMENT UNDER
SUBDIVISION THREE OF THIS SECTION.
(B) THE DESIGNATION OF AN AREA AS A MANUFACTURING DEVELOPMENT ZONE IS
EFFECTIVE FOR TEN YEARS.
(C) THE COMMISSIONER MAY NOT DESIGNATE MORE THAN SIX MANUFACTURING
DEVELOPMENT ZONES IN A CALENDAR YEAR.
(D) A COUNTY MAY NOT RECEIVE MORE THAN TWO MANUFACTURING DEVELOPMENT
ZONES IN A CALENDAR YEAR.
5. THE DESIGNATION OF THE COMMISSIONER IS FINAL.
6. AT ANY TIME, A POLITICAL SUBDIVISION MAY REAPPLY TO THE COMMISSION-
ER TO DESIGNATE AS A MANUFACTURING DEVELOPMENT ZONE AN AREA THAT IS NOT
DESIGNATED.
7. (A) A POLITICAL SUBDIVISION MAY APPLY TO THE COMMISSIONER TO EXPAND
AN EXISTING MANUFACTURING DEVELOPMENT ZONE IN THE SAME MANNER AS THE
POLITICAL SUBDIVISION WOULD APPLY TO DESIGNATE A NEW MANUFACTURING
DEVELOPMENT ZONE.
(B) THE COMMISSIONER MAY GRANT AN EXPANSION OF A MANUFACTURING DEVEL-
OPMENT ZONE INTO AN AREA.
(C) FOR PURPOSES OF SUBDIVISIONS FOUR, FIVE AND SIX OF THIS SECTION,
AN EXPANSION OF A MANUFACTURING DEVELOPMENT ZONE THAT DOES NOT EXCEED
FIFTY PERCENT OF THE GEOGRAPHIC AREA OF THE EXISTING MANUFACTURING
DEVELOPMENT ZONE DOES NOT COUNT TOWARDS THE LIMIT ON THE NUMBER OF THE
S. 4685 3
MANUFACTURING DEVELOPMENT ZONES THAT THE COMMISSIONER MAY DESIGNATE IN A
CALENDAR YEAR OR A COUNTY MAY RECEIVE IN A CALENDAR YEAR.
8. (A) THE COMMISSIONER MAY GRANT ONE EXTRAORDINARY EXPANSION OF A
MANUFACTURING DEVELOPMENT ZONE IN THE STATE EACH CALENDAR YEAR FOR AN
AREA THAT, IN THE DETERMINATION OF THE COMMISSIONER, HAS SUFFERED A
SIGNIFICANT LOSS OF ECONOMIC BASE.
(B) FOR PURPOSES OF SUBDIVISIONS FOUR, FIVE AND SIX OF THIS SECTION,
AN EXTRAORDINARY EXPANSION OF A MANUFACTURING DEVELOPMENT ZONE DOES NOT
COUNT TOWARDS THE LIMIT ON THE NUMBER OF MANUFACTURING DEVELOPMENT ZONES
THAT THE COMMISSIONER MAY DESIGNATE IN A CALENDAR YEAR OR A COUNTY MAY
RECEIVE IN A CALENDAR YEAR.
§ 453. TAX CREDIT INCENTIVES. 1. TO THE EXTENT PROVIDED FOR IN THIS
SECTION, A BUSINESS ENTITY IS ENTITLED TO:
(A) THE PROPERTY TAX CREDIT PROVIDED FOR IN SECTION FOUR HUNDRED TWEN-
TY-THREE-A OF THE REAL PROPERTY TAX LAW;
(B) THE INCOME TAX CREDIT PROVIDED FOR IN SUBSECTION (CCC) OF SECTION
SIX HUNDRED SIX OF THE TAX LAW;
2. A BUSINESS ENTITY THAT MOVES INTO OR LOCATES IN A MANUFACTURING
DEVELOPMENT ZONE ON OR AFTER THE DATE THAT THE MANUFACTURING DEVELOPMENT
ZONE IS DESIGNATED UNDER SUBDIVISIONS FOUR, FIVE AND SIX OF SECTION FOUR
HUNDRED FIFTY-TWO OF THIS ARTICLE MAY BENEFIT FROM THE INCENTIVE UNDER
THIS SECTION IF:
(A) THE BUSINESS ENTITY MEETS THE STATUTORY REQUIREMENTS AND CONDI-
TIONS APPLICABLE TO EACH INCENTIVE OR INITIATIVE;
(B) THE RESPECTIVE POLITICAL SUBDIVISION CERTIFIES THAT THE BUSINESS
ENTITY HAS COMPLIED WITH THE STANDARDS THAT THE SUBDIVISIONS SUBMITTED
UNDER PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION FOUR HUNDRED FIFTY-TWO
OF THIS ARTICLE;
(C) THE BUSINESS ENTITY CREATES NEW OR ADDITIONAL JOBS OR MAKES A
CAPITAL INVESTMENT TO QUALIFY FOR THE PROPERTY TAX CREDIT UNDER SECTION
FOUR HUNDRED TWENTY-THREE-A OF THE REAL PROPERTY TAX LAW AND THE INCOME
TAX CREDIT UNDER SUBSECTION (CCC) OF SECTION SIX HUNDRED SIX OF THE TAX
LAW;
(D) THE BUSINESS ENTITY IS ENGAGED IN A MANUFACTURING TRADE OR BUSI-
NESS ON REAL PROPERTY WITHIN THE MANUFACTURING DEVELOPMENT ZONE THAT THE
BUSINESS ENTITY OWNS; AND
(E) THE COMMISSIONER DETERMINES THAT THE BUSINESS ENTITY DOES NOT HAVE
AN ECONOMIC PRESENCE IN THE STATE PRIOR TO LOCATING IN THE MANUFACTURING
DEVELOPMENT ZONE AND IS ENGAGED IN A MANUFACTURING TRADE OR BUSINESS.
3. THE INCENTIVES AND INITIATIVES PROVIDED FOR IN THIS SECTION ARE NOT
AVAILABLE TO A BUSINESS ENTITY THAT WAS LOCATED IN A MANUFACTURING
DEVELOPMENT ZONE BEFORE THE DATE THAT THE MANUFACTURING DEVELOPMENT ZONE
IS DESIGNATED, EXCEPT FOR A CAPITAL INVESTMENT OR AN EXPANSION OF ITS
LABOR FORCE THAT OCCURS ON OR AFTER THE MANUFACTURING DEVELOPMENT ZONE
IS DESIGNATED.
4. (A) EXCEPT AS PROVIDED IN SECTION FOUR HUNDRED TWENTY-THREE-A OF
THE REAL PROPERTY TAX LAW, THE INCENTIVES AND INITIATIVES SET FORTH IN
THIS SECTION ARE AVAILABLE FOR TEN YEARS AFTER THE DATE THAT AN AREA IS
DESIGNATED A MANUFACTURING DEVELOPMENT ZONE.
(B) A LAW ENACTED AFTER THE EFFECTIVE DATE OF THIS SECTION THAT ELIMI-
NATES OR REDUCES THE BENEFITS AVAILABLE TO A BUSINESS ENTITY UNDER THIS
SECTION DOES NOT APPLY TO A BUSINESS ENTITY THAT WAS IN A MANUFACTURING
DEVELOPMENT ZONE BEFORE THE EFFECTIVE DATE OF THIS SECTION.
5. NOTWITHSTANDING SUBDIVISION FOUR OF THIS SECTION, A BUSINESS ENTITY
LOCATED IN A MANUFACTURING DEVELOPMENT ZONE MAY NOT RECEIVE THE INCEN-
TIVES AND INITIATIVES SET FORTH IN SUBDIVISION ONE OF THIS SECTION IF
S. 4685 4
THE ENTITY IS LOCATED ON LAND OR WITHIN IMPROVEMENTS OWNED BY THE FEDER-
AL GOVERNMENT, THE STATE, A COUNTY, OR A MUNICIPAL CORPORATION UNLESS
THE BUSINESS ENTITY HAS FIRST UTILIZED ALL APPLICABLE PROPERTY TAX
EXEMPTIONS UNDER THE REAL PROPERTY TAX LAW INCLUDING ENTERING INTO ANY
AVAILABLE PAYMENT IN LIEU OF TAX AGREEMENT.
6. THE DEPARTMENT AND THE COMPTROLLER JOINTLY SHALL ASSESS EACH YEAR
THE EFFECTIVENESS OF THE TAX CREDITS PROVIDED TO BUSINESS ENTITIES IN
MANUFACTURING DEVELOPMENT ZONES, INCLUDING:
(A) THE NUMBER AND AMOUNTS OF CREDITS GRANTED EACH YEAR; AND
(B) THE SUCCESS OF THE TAX CREDITS IN ATTRACTING AND RETAINING BUSI-
NESS ENTITIES IN MANUFACTURING DEVELOPMENT ZONES.
7. ON OR BEFORE DECEMBER FIFTEENTH OF EACH YEAR, THE DEPARTMENT AND
THE COMPTROLLER SHALL SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
THE SENATE AND THE SPEAKER OF THE ASSEMBLY, A REPORT OUTLINING THEIR
FINDINGS AND ANY OTHER INFORMATION OF VALUE IN DETERMINING THE EFFEC-
TIVENESS OF THE TAX CREDITS PROVIDED UNDER THIS SECTION.
§ 2. The real property tax law is amended by adding a new section
423-a to read as follows:
§ 423-A. EXEMPTION FOR BUSINESS ENTITIES PARTICIPATING IN MANUFACTUR-
ING DEVELOPMENT ZONE PROGRAM. 1. AS USED IN THIS SECTION, THE FOLLOWING
WORDS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "BASE YEAR" MEANS THE TAXABLE YEAR IMMEDIATELY BEFORE THE TAXABLE
YEAR IN WHICH A PROPERTY TAX CREDIT UNDER THIS SECTION IS TO BE GRANTED.
(B) "BASE YEAR VALUE" MEANS THE VALUE OF THE PROPERTY USED TO DETER-
MINE THE ASSESSMENT ON WHICH THE PROPERTY TAX ON REAL PROPERTY WAS
IMPOSED FOR THE BASE YEAR. BASE YEAR VALUE DOES NOT INCLUDE ANY NEW
REAL PROPERTY THAT WAS FIRST ASSESSED IN THE BASE YEAR.
(C) "BUSINESS ENTITY" MEANS A PERSON THAT OPERATES OR CONDUCTS A TRADE
OR BUSINESS THAT IS ENGAGED IN MANUFACTURING.
(D) (I) "ELIGIBLE ASSESSMENT" MEANS THE DIFFERENCE BETWEEN THE BASE
YEAR VALUE AND THE ACTUAL VALUE AS DETERMINED BY THE STATE BOARD FOR THE
APPLICABLE TAXABLE YEAR IN WHICH THE TAX CREDIT UNDER THIS SECTION IS TO
BE GRANTED.
(II) FOR A BUSINESS ENTITY THAT IS LOCATED ON LAND OR WITHIN IMPROVE-
MENTS OWNED BY THE FEDERAL, STATE, COUNTY, OR MUNICIPAL GOVERNMENT,
"ELIGIBLE ASSESSMENT" MEANS THE DIFFERENCE BETWEEN THE BASE YEAR VALUE
AND THE ACTUAL VALUE REDUCED BY THE VALUE OF ANY PROPERTY ENTITLED TO AN
EXEMPTION UNDER THIS CHAPTER AS DETERMINED BY THE STATE BOARD FOR THE
APPLICABLE TAXABLE YEAR IN WHICH THE TAX CREDIT UNDER THIS SECTION IS TO
BE GRANTED.
(E) "QUALIFIED PROPERTY" MEANS REAL PROPERTY THAT IS (I) NOT USED FOR
RESIDENTIAL PURPOSES; (II) USED IN A MANUFACTURING TRADE OR BUSINESS BY
A BUSINESS ENTITY; AND
(III) LOCATED IN A MANUFACTURING DEVELOPMENT ZONE THAT IS DESIGNATED
UNDER ARTICLE TWENTY-THREE OF THE ECONOMIC DEVELOPMENT LAW.
2. THE GOVERNING BODY OF A COUNTY OR OF A MUNICIPAL CORPORATION SHALL
GRANT A TAX CREDIT UNDER THIS SECTION AGAINST THE PROPERTY TAX IMPOSED
ON THE ELIGIBLE ASSESSMENT OF A QUALIFIED PROPERTY.
3. (A) THE APPROPRIATE GOVERNING BODY SHALL CALCULATE THE AMOUNT OF
THE CREDIT UNDER THIS SECTION EQUAL TO ONE HUNDRED PERCENT OF THE AMOUNT
OF PROPERTY TAX IMPOSED ON THE ELIGIBLE ASSESSMENT.
(B) FOR PURPOSES OF CALCULATING THE AMOUNT OF THE CREDIT ALLOWED UNDER
THIS SECTION, THE AMOUNT OF PROPERTY TAX IMPOSED ON THE ELIGIBLE ASSESS-
MENT SHALL BE CALCULATED WITHOUT REDUCTION FOR ANY CREDITS ALLOWED UNDER
THIS CHAPTER.
S. 4685 5
4. (A) A TAX CREDIT UNDER THIS SECTION IS AVAILABLE TO A QUALIFIED
PROPERTY FOR NO MORE THAN TEN CONSECUTIVE YEARS BEGINNING WITH THE TAXA-
BLE YEAR FOLLOWING THE CALENDAR YEAR IN WHICH THE REAL PROPERTY INITIAL-
LY BECOMES A QUALIFIED PROPERTY.
(B) IF THE DESIGNATION OF A MANUFACTURING DEVELOPMENT ZONE EXPIRES,
THE TAX CREDIT UNDER THIS SECTION CONTINUES TO BE AVAILABLE TO A QUALI-
FIED PROPERTY.
(C) STATE PROPERTY TAX IMPOSED ON REAL PROPERTY IS NOT AFFECTED BY
THIS SECTION.
5. WHEN A MANUFACTURING DEVELOPMENT ZONE IS DESIGNATED BY THE COMMIS-
SIONER OF ECONOMIC DEVELOPMENT, SUCH COMMISSIONER SHALL CERTIFY TO THE
STATE BOARD:
(A) THE REAL PROPERTIES IN THE ZONE THAT ARE QUALIFIED PROPERTIES FOR
EACH TAXABLE YEAR FOR WHICH THE PROPERTY TAX CREDIT UNDER THIS SECTION
IS TO BE GRANTED; AND
(B) THE DATE THAT THE REAL PROPERTIES BECAME QUALIFIED PROPERTIES.
6. BEFORE PROPERTY TAX BILLS ARE SENT, THE STATE BOARD SHALL SUBMIT TO
THE COMMISSIONER OF ECONOMIC DEVELOPMENT A LIST CONTAINING:
(A) THE LOCATION OF EACH QUALIFIED PROPERTY;
(B) THE AMOUNT OF THE BASE YEAR VALUE FOR EACH QUALIFIED PROPERTY; AND
(C) THE AMOUNT OF THE ELIGIBLE ASSESSMENT FOR EACH QUALIFIED PROPERTY.
§ 3. Section 606 of the tax law is amended by adding a new subsection
(ccc) to read as follows:
(CCC) MANUFACTURING DEVELOPMENT ZONE PROGRAM TAX CREDIT. (1) A BUSI-
NESS ENTITY THAT IS LOCATED IN A MANUFACTURING DEVELOPMENT ZONE AND
SATISFIES THE REQUIREMENTS OF SECTION FOUR HUNDRED FIFTY-THREE OF THE
ECONOMIC DEVELOPMENT LAW MAY CLAIM A CREDIT AGAINST THE STATE INCOME TAX
IN THE AMOUNT OF THE STATE INCOME TAX IMPOSED ON QUALIFIED INCOME.
(2) A BUSINESS ENTITY SHALL MEAN AN ENTITY THAT IS ENGAGED IN MANUFAC-
TURING TRADE OR BUSINESS, OPERATES A MANUFACTURING FACILITY IN A MANU-
FACTURING DEVELOPMENT ZONE AS DESIGNATED BY ARTICLE TWENTY-THREE OF THE
ECONOMIC DEVELOPMENT LAW AND IS ELIGIBLE FOR THE PROPERTY TAX CREDIT
UNDER SECTION FOUR HUNDRED TWENTY-THREE-A OF THE REAL PROPERTY TAX LAW.
QUALIFIED INCOME MEANS INCOME ATTRIBUTABLE TO ACTIVITIES AT A MANUFAC-
TURING FACILITY LOCATED IN A MANUFACTURING DEVELOPMENT ZONE.
(3) THE CREDIT ALLOWED UNDER THIS SUBSECTION MAY NOT BE CLAIMED FOR
MORE THAN TEN CONSECUTIVE YEARS BEGINNING WITH THE TAXABLE YEAR FOLLOW-
ING THE CALENDAR YEAR IN WHICH THE BUSINESS ENTITY BECOMES ELIGIBLE FOR
THE PROPERTY TAX CREDIT UNDER SECTION FOUR HUNDRED TWENTY-THREE-A OF THE
REAL PROPERTY TAX LAW.
§ 4. This act shall take effect immediately.