NY State Senate Bill 2023-S2896

Senate Bill S2896

2023-2024 Legislative Session

Relates to extending certain filing deadlines for the industrial and commercial abatement program

download bill text pdf

Current Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 13, 2024	reported and committed to finance
Jan 03, 2024	referred to cities 1
May 23, 2023	reported and committed to finance
Jan 25, 2023	referred to cities 1

Votes

- Feb 13, 2024 - Cities 1 Committee Vote
  S2896
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Cities 1 Committee Vote: Feb 13, 2024
      
      aye (6)
      
      Cleare
      
      Comrie
      
      Jackson
      
      Persaud
      
      Rhoads
      
      Sepúlveda
      
      aye wr (1)
      
      Lanza
  May 23, 2023 - Cities 1 Committee Vote
  S2896
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Cities 1 Committee Vote: May 23, 2023
      
      aye (6)
      
      Cleare
      
      Comrie
      
      Jackson
      
      Persaud
      
      Rhoads
      
      Sepúlveda
      
      aye wr (1)
      
      Lanza

2023-S2896 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Real Property Tax Law
Laws Affected:: Amd §489-cccccc, RPT L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8370
2019-2020: S2442
2021-2022: S5810

2023-S2896 (ACTIVE) - Summary

Relates to extending certain filing deadlines for the industrial and commercial abatement program by authorizing the department of finance to accept certain applications for an additional three months.

2023-S2896 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2896

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the real property tax law, in relation to extending
certain filing deadlines for the industrial and commercial abatement
program

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow businesses that were not able to comply with the original
Industrial and Commercial Abatement Program (ICAP) filing deadline--due
to additional procedural steps mandated by Local Law 67 of 2008--the
opportunity to re-file with the NYC Department of Finance for said bene-
fits.

 
SUMMARY OF PROVISIONS:

Section 1 enumerates a condition upon which ICAP benefits may be granted
to applicants who were otherwise qualified in every way and missed the
final application filing date owing to additional requirements imposed

by Local Law 67 of 2008 that created delay.

 
JUSTIFICATION:

The Industrial and Commercial Abatement Program (ICAP) is a tax abate-
ment in a city with more than one million persons. New York City has
used this enabling statute to adopt a local law and has a successful
1CAP abatement program. A complex formula credits businesses property
tax bills during the years construction is done to improve their proper-
ty. The purpose of this tax abatement was to incentivize businesses to
expand. The program has been very popular and the program has met with
success.

However, due to the original program structure, and dual filing dead-
lines (including a preliminary application and final application) many
otherwise eligible entities were not able to receive benefits because
intervening governmental actions (such as stop-work orders; permitting
issues and additional mandates) caused them to be unable to file the
final application in a timely manner, meaning one year after the prelim-
inary application. Chapter 397 of the Laws of 2017 partially addressed
these challenges by granting the NYC Department of Finance the
discretion to investigate the circumstances of late filings and award
benefits in cases that merit it, prospectively.  However, we still have
a universe of businesses that were denied benefits under the old model
where there is clear evidence that a governmental mandate-such as Local
Law 67/2006 interfered with the ability to make a timely final 'applica-
tion. This bill creates a one-time, three-month window for this specific
subset of businesses to reapply for benefits that they were., otherwise
eligible for in every other way.

 
PRIOR LEGISLATIVE HISTORY:

2022: S5810 2018:

S 837 COMRIE Same as A 10533

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.

 
EFFECTIVE DATE:
Immediately.

2023-S2896 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2896
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities 1
 
 AN ACT to amend the real property tax  law,  in  relation  to  extending
   certain  filing  deadlines for the industrial and commercial abatement
   program

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (ii)  of  paragraph (a) of subdivision 5 of
 section 489-cccccc of the real property tax law, as amended  by  chapter
 397 of the laws of 2017, is amended to read as follows:
   (ii)  Final application. Applicants shall file a final application for
 benefits no later than one year from the date of issuance of  the  first
 building  permit for construction work, or, where construction work does
 not require a building permit, no later than one year from the  date  of
 commencement  of  construction.  Abatement benefits shall not be granted
 until the applicant files the final application. If the  final  applica-
 tion  is not filed within such one year period, abatement benefits shall
 not be granted until such application is filed, and the  department  may
 delay  the granting of such benefits, at the department's discretion, to
 investigate the reason for the late filing. THE DEPARTMENT SHALL  ACCEPT
 APPLICATIONS  FROM  APPLICANTS WHO (A) AFTER THE EFFECTIVE DATE OF LOCAL
 LAW NUMBER SIXTY-SEVEN OF THE CITY OF NEW YORK FOR THE YEAR TWO THOUSAND
 EIGHT, MET THE REQUIREMENTS OF THIS TITLE BUT FAILED  TO  FILE  A  FINAL
 APPLICATION  WITHIN THE TIME FRAME REQUIRED BY THIS SUBPARAGRAPH AND (B)
 FILE A FINAL APPLICATION NO LATER THAN THREE MONTHS FROM  THE  EFFECTIVE
 DATE  OF  THE  CHAPTER  OF  THE  LAWS  OF TWO THOUSAND TWENTY-THREE THAT
 AMENDED THIS SUBPARAGRAPH.
   § 2. This act shall take effect immediately.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04604-01-3

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.