Bill Text: NY A09842 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to the tax credit for rehabilitation of historic properties; removes references to the federal rehabilitation tax credit and adds provisions and definitions; increases maximum awards available under such credit.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-02-14 - referred to ways and means [A09842 Detail]

Download: New_York-2017-A09842-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9842
                   IN ASSEMBLY
                                    February 14, 2018
                                       ___________
        Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
          tee on Ways and Means
        AN ACT to amend the tax law and the parks, recreation and historic pres-
          ervation law, in relation to the  tax  credit  for  rehabilitation  of
          historic properties
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subsection (oo) of section 606 of the tax law,  as  amended
     2  by  chapter  239  of the laws of 2009, paragraph 1 as amended by chapter
     3  472 of the laws of 2010, subparagraph (A) of paragraph 1 and  paragraphs
     4  4  and  5 as amended by section 1 of part F of chapter 59 of the laws of
     5  2013, is amended to read as follows:
     6    (oo) Credit for rehabilitation of historic  properties.  (1)  (A)  For
     7  taxable  years beginning on or after January first, two thousand ten and
     8  before January first, two  thousand  [twenty]  twenty-five,  a  taxpayer
     9  shall  be  allowed  a  credit  as  hereinafter provided, against the tax
    10  imposed by this article, in an amount equal to [one hundred  percent  of
    11  the  amount  of  credit allowed the taxpayer with respect to a certified
    12  historic structure under subsection (a) (2) of section 47 of the federal
    13  internal revenue code] twenty percent of  the  qualified  rehabilitation
    14  expenditures  with  respect  to  a  certified historic structure located
    15  within the state. Provided, however, the credit shall not exceed  [five]
    16  seven  million  dollars  in state fiscal year two thousand nineteen--two
    17  thousand twenty, nine million dollars in state fiscal year two  thousand
    18  twenty--two  thousand  twenty-one  and  twelve  million dollars in state
    19  fiscal year two thousand twenty-one--two thousand twenty-two. For  taxa-
    20  ble  years  beginning  on  or after January first, two thousand [twenty]
    21  twenty-five, a  taxpayer  shall  be  allowed  a  credit  as  hereinafter
    22  provided, against the tax imposed by this article, in an amount equal to
    23  thirty  percent  of  the  [amount  of  credit  allowed the taxpayer with
    24  respect to a certified historic structure  under  subsection  (a)(2)  of
    25  section  47  of  the  federal internal revenue code] qualified rehabili-
    26  tation expenditures with  respect  to  a  certified  historic  structure
    27  located within the state; provided, however, the credit shall not exceed
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14626-03-8
        A. 9842                             2
     1  one  hundred  thousand dollars. For purposes of this subsection the term
     2  "qualified rehabilitation expenditure" means any amount properly charge-
     3  able to capital account in connection with the certified  rehabilitation
     4  of  a  qualified historic structure, and for property for which depreci-
     5  ation would be allowable under section 168 of the internal revenue  code
     6  and  which  is (i) nonresidential real property, (ii) residential rental
     7  property, or (iii) an addition or  improvement  to  nonresidential  real
     8  property or residential rental property.
     9    (B)  If the taxpayer is a partner in a partnership or a shareholder of
    10  a New York S corporation, then the credit cap  imposed  in  subparagraph
    11  (A)  of this paragraph shall be applied at the entity level, so that the
    12  aggregate credit allowed to all the partners  or  shareholders  of  each
    13  such  entity  in the taxable year does not exceed the credit cap that is
    14  applicable in that taxable year.
    15    (2) (A) Tax credits allowed  pursuant  to  this  subsection  shall  be
    16  allowed in the taxable year [that the qualified rehabilitation is placed
    17  in  service  under  section 167 of the federal internal revenue code] in
    18  which the final certification step of the  certified  rehabilitation  is
    19  completed as provided in subparagraph (C) of this paragraph.
    20    (B)  For  purposes  of  this  subsection the term "certified rehabili-
    21  tation" means any rehabilitation of a certified historic structure which
    22  has been approved and certified as being consistent with  the  standards
    23  established  by the commissioner of parks, recreation and historic pres-
    24  ervation for rehabilitation by  the  office  of  parks,  recreation  and
    25  historic  preservation, a local government certified pursuant to section
    26  101(c)(1) of the national historic preservation act or a local  landmark
    27  commission  established  pursuant to section ninety-six-a or one hundred
    28  nineteen-dd of the general municipal law.
    29    (C) A certified rehabilitation shall require:
    30    (i) an initial certification that the structure meets  the  definition
    31  of the term "certified historic structure";
    32    (ii)  a  second  certification,  to  be  issued prior to construction,
    33  certifying that the proposed  rehabilitation  work  is  consistent  with
    34  standards  established  by  the  commissioner  of  parks, recreation and
    35  historic preservation for rehabilitation; and
    36    (iii) a final certification issued  when  construction  is  completed,
    37  certifying  that  the  work was completed as proposed and that the costs
    38  are consistent with the work completed.  Such final certification  shall
    39  be   acceptable   as   proof  that  the  expenditures  related  to  such
    40  construction  qualify  as  qualified  rehabilitation  expenditures   for
    41  purposes  of  the credit allowed under either subparagraph (A) or (B) of
    42  paragraph one of this subsection.
    43    (D) For purposes of  this  subsection  the  term  "qualified  historic
    44  structure"  means a certified historic structure located within New York
    45  state which has been substantially rehabilitated. A  certified  historic
    46  structure  shall be considered substantially rehabilitated if the quali-
    47  fied rehabilitation expenditures in relation  to  such  structure  total
    48  five thousand dollars or more.
    49    (E)  For  purposes  of  this  subsection  the term "certified historic
    50  structure" means any building and its structural components which:
    51    (i) is listed in the state or national register of historic places, or
    52    (ii) is located in a state or national  registered  historic  district
    53  and is certified as being of historic significance in the district.
    54    (3)  [If the credit allowed the taxpayer pursuant to section 47 of the
    55  internal revenue code with respect  to  a  qualified  rehabilitation  is
    56  recaptured  pursuant  to  subsection  (a)  of section 50 of the internal
        A. 9842                             3

     1  revenue code, a portion of the credit allowed under this subsection must
     2  be added back in the same taxable year and in the same proportion as the
     3  federal recapture]  (A) If, before the end of the two-year period begin-
     4  ning  on the date of the final certification referred to in subparagraph
     5  (C) of paragraph two of this subsection, the taxpayer disposes  of  such
     6  taxpayer's interest in a certified historic structure, or such certified
     7  historic  structure  otherwise  ceases  to  be  eligible  for the credit
     8  allowed under this subsection, the taxpayer's tax imposed by this  arti-
     9  cle  for  the  taxable  year  in  which such disposition occurs shall be
    10  increased by the recapture portion of  the  credit  allowed  under  this
    11  subsection  for  all  prior taxable years with respect to such rehabili-
    12  tation.
    13    (B) For purposes of subparagraph (A) of this paragraph, the  recapture
    14  portion  shall  be  the  product  of the amount of credit claimed by the
    15  taxpayer multiplied by a fraction, the numerator of which  is  equal  to
    16  twenty-four  less  the number of months before the disposition or cessa-
    17  tion of the structure occurred.
    18    (4) If the amount of the credit allowed under this subsection for  any
    19  taxable  year shall exceed the taxpayer's tax for such year, the [excess
    20  shall be treated as an overpayment of tax to be credited or refunded  in
    21  accordance with the provisions of section six hundred eighty-six of this
    22  article,  provided,  however,  that  no  interest shall be paid thereon]
    23  taxpayer may carry over and apply such excess to the tax imposed by this
    24  article in any of the succeeding five taxable  years,  the  portion,  as
    25  reduced  from year to year, of the credit which exceeds such tax for the
    26  taxable year. The carryover period, for any taxpayer, shall  not  exceed
    27  five  taxable  years  after  the  close of the taxable year in which the
    28  final certification step of the certified rehabilitation is completed as
    29  provided in subparagraph (C) of paragraph two of this subsection.
    30    (5) To be eligible for the credit allowable under this subsection  the
    31  rehabilitation  project  shall  be  in whole or in part located within a
    32  census tract which is identified  as  being  at  or  below  one  hundred
    33  percent  of the state median family income as calculated as of [January]
    34  April first of each year using the most recent five year  estimate  from
    35  the  American  community  survey  published  by the United States Census
    36  bureau. If there is a change in the most recent five  year  estimate,  a
    37  census  tract  that  qualified for eligibility under this program before
    38  information about the change was released shall remain  eligible  for  a
    39  credit under this subsection for an additional eighteen months.
    40    (6)  Nothing contained in this subsection shall be construed to impose
    41  a duty on a local landmark commission established  pursuant  to  section
    42  ninety-six-a  or one hundred nineteen-dd of the general municipal law or
    43  a local government  certified  pursuant  to  section  101(c)(1)  of  the
    44  national  historic  preservation act to undertake any review or approval
    45  of an application for the certification of the rehabilitation of histor-
    46  ic structures and of rehabilitation expenditures provided  for  in  this
    47  subsection.
    48    (7)(A)(i)  Any  taxpayer,  eligible for the credit allowed pursuant to
    49  this subsection may transfer such credit, in whole or in  part,  to  any
    50  individual or entity, without the requirement of transferring any owner-
    51  ship interest in the certified historic structure or any interest in the
    52  entity  which  owns  the certified historic structure.   Transferees are
    53  entitled to apply the credits against the tax with the same effect as if
    54  the transferee had incurred the qualified  rehabilitation  expenditures.
    55  Such  credit may be transferred only on or after the final certification
        A. 9842                             4
     1  step of the certified rehabilitation is completed as provided in subpar-
     2  agraph (C) of paragraph two of this subsection.
     3    (ii) A transferee shall use such credit in the year it is transferred.
     4  If  the  credit  allowable for any tax year exceeds the transferee's tax
     5  liability for that year, the transferee may carry forward and apply in a
     6  subsequent taxable year, the portion, as reduced from year to  year,  of
     7  the credit which exceeds such tax for the taxable year; provided, howev-
     8  er, that the carryover period cannot exceed five taxable years after the
     9  close  of  the taxable year in which the final certification step of the
    10  certified rehabilitation is completed as provided in subparagraph (C) of
    11  paragraph two of this subsection.
    12    (iii) The provisions of paragraph three of this subsection relating to
    13  the recapture of the credit allowed pursuant to  this  subsection  shall
    14  also  apply to the transfer of such credit as provided for in this para-
    15  graph.
    16    (B) The commission, in consultation with the department, shall promul-
    17  gate a form of transfer statement to be filed by the transferor  of  the
    18  credit allowed pursuant to this subsection. The transfer statement shall
    19  be  in addition to the transfer contract provided in subparagraph (C) of
    20  this paragraph. Transfer  statement  forms  may  be  obtained  from  the
    21  commission. The transferor shall file a transfer statement and a copy of
    22  the proposed transfer contract with the department prior to the transfer
    23  and  shall  further  file  with  the  department  the  executed transfer
    24  contract within thirty days after the completed transfer.  The  transfer
    25  statement  shall  provide  the  name and federal taxpayer identification
    26  number of each transferor and transferee. Further, such statement  shall
    27  indicate  the  amount  of the credit transferred to each transferee. The
    28  statement shall also contain such other information as the department or
    29  the commission may from time to time require.
    30    (C) Any taxpayer transferring his or her credit  allowed  pursuant  to
    31  this  subsection shall enter into a transfer contract with the transfer-
    32  ee. The transfer contract shall specify the following:
    33    (i) a description and address for the certified historic structure  or
    34  structures which qualified the taxpayer for such credit;
    35    (ii)  the  date in which the final certification step of the certified
    36  rehabilitation is completed as provided in subparagraph (C) of paragraph
    37  two of this subsection;
    38    (iii) the schedule of years during which the credit may be  taken  and
    39  the  amount of credit previously taken for the certified historic struc-
    40  ture including all previous transferees; and
    41    (iv) the amount of credit being transferred.
    42    (D) Any taxpayer who is a transferee of the credit allowed pursuant to
    43  this subsection may, provided all transfer  and  other  requirements  or
    44  limitations  are  met,  apply  such credit to the tax imposed under this
    45  article.
    46    § 2. Paragraph 2 of subsection (pp) of section 606 of the tax law,  as
    47  added  by  chapter 547 of the laws of 2006, subparagraphs (A) and (B) as
    48  amended by section 1 of part V of chapter 59 of the  laws  of  2013,  is
    49  amended to read as follows:
    50    (2)  (A)  With  respect to any particular residence of a taxpayer, the
    51  credit allowed under paragraph one of this subsection shall  not  exceed
    52  fifty  thousand  dollars for taxable years beginning on or after January
    53  first, two thousand ten and before January first, two thousand  [twenty]
    54  twenty-five and twenty-five thousand dollars for taxable years beginning
    55  on  or  after  January first, two thousand [twenty] twenty-five.  In the
    56  case of a husband and wife, the amount of the credit  shall  be  divided
        A. 9842                             5
     1  between  them equally or in such other manner as they may both elect. If
     2  a taxpayer incurs qualified rehabilitation expenditures in  relation  to
     3  more  than  one  residence  in the same year, the total amount of credit
     4  allowed under paragraph one of this subsection for all such expenditures
     5  shall  not  exceed fifty thousand dollars for taxable years beginning on
     6  or after January first, two thousand ten and before January  first,  two
     7  thousand [twenty] twenty-five and twenty-five thousand dollars for taxa-
     8  ble  years  beginning  on  or after January first, two thousand [twenty]
     9  twenty-five.
    10    (B) For taxable years beginning on or after January first,  two  thou-
    11  sand ten and before January first, two thousand [twenty] twenty-five, if
    12  the  amount  of  credit allowable under this subsection shall exceed the
    13  taxpayer's tax for such year, and the taxpayer's New York adjusted gross
    14  income for such year does not exceed sixty thousand dollars, the  excess
    15  shall  be treated as an overpayment of tax to be credited or refunded in
    16  accordance with the provisions of section six hundred eighty-six of this
    17  article, provided, however, that no interest shall be paid  thereon.  If
    18  the  taxpayer's  New  York  adjusted  gross income for such year exceeds
    19  sixty thousand dollars, the excess credit that may be  carried  over  to
    20  the  following year or years and may be deducted from the taxpayer's tax
    21  for such year or years. For taxable years beginning on or after  January
    22  first, two thousand [twenty] twenty-five, if the amount of credit allow-
    23  able  under  this  subsection  shall  exceed the taxpayer's tax for such
    24  year, the excess may be carried over to the following year or years  and
    25  may be deducted from the taxpayer's tax for such year or years.
    26    §  3.  Subdivision  26  of  section  210-B of the tax law, as added by
    27  section 17 of part A of chapter 59 of the laws of 2014,  is  amended  to
    28  read as follows:
    29    26.  Credit for rehabilitation of historic properties. (a) Application
    30  of credit. (i) For taxable years beginning on or  after  January  first,
    31  two  thousand ten, and before January first, two thousand [twenty] twen-
    32  ty-five, a taxpayer shall be allowed a credit as  hereinafter  provided,
    33  against  the  tax  imposed  by  this article, in an amount equal to [one
    34  hundred percent of the amount of credit allowed  the  taxpayer  for  the
    35  same  taxable  year with respect to a certified historic structure under
    36  subsection (c)(2) of section 47 of the  internal  revenue  code]  twenty
    37  percent  of  the qualified rehabilitation expenditures with respect to a
    38  certified historic structure located within the state. Provided,  howev-
    39  er,  the  credit  shall not exceed [five] seven million dollars in state
    40  fiscal year two thousand nineteen--two  thousand  twenty,  nine  million
    41  dollars  in  state fiscal year two thousand twenty--two thousand twenty-
    42  one and twelve million dollars in state fiscal year two  thousand  twen-
    43  ty-one--two thousand twenty-two.
    44    (ii)  For taxable years beginning on or after January first, two thou-
    45  sand [twenty] twenty-five, a taxpayer shall be allowed a credit as here-
    46  inafter provided, against the tax imposed by this article, in an  amount
    47  equal  to  thirty  percent of the [amount of credit allowed the taxpayer
    48  for the same taxable year with respect to a certified historic structure
    49  under subsection (c)(3) of section 47  of  the  internal  revenue  code]
    50  qualified  rehabilitation  expenditures  with  respect  to  a  certified
    51  historic structure located within the state.    Provided,  however,  the
    52  credit shall not exceed one hundred thousand dollars.
    53    [(B)]  (b)  If  the taxpayer is a partner in a partnership or a share-
    54  holder in a New York S corporation, then  the  credit  caps  imposed  in
    55  [subparagraph  (A)]  paragraph (a) of this [paragraph] subdivision shall
    56  be applied at the entity level, so that the aggregate credit allowed  to
        A. 9842                             6
     1  all the partners or shareholders of each such entity in the taxable year
     2  does not exceed the credit cap that is applicable in that taxable year.
     3    [(b)]  (c)  Tax  credits allowed pursuant to this subdivision shall be
     4  allowed in the taxable year [that the qualified rehabilitation is placed
     5  in service under section 167 of the federal internal revenue code]    in
     6  which  the  final  certification step of the certified rehabilitation is
     7  completed pursuant to subparagraph (C) of paragraph  two  of  subsection
     8  (oo) of section six hundred six of this chapter.
     9    [(c)  If the credit allowed the taxpayer pursuant to section 47 of the
    10  internal revenue code with respect  to  a  qualified  rehabilitation  is
    11  recaptured  pursuant  to  subsection  (a)  of section 50 of the internal
    12  revenue code, a portion of the credit allowed under this subsection must
    13  be added back in the same taxable year and in the same proportion as the
    14  federal credit] (d)(i) If, before the end of the two-year period  begin-
    15  ning on the date of the final certification referred to in paragraph (b)
    16  of  this  subdivision, the taxpayer disposes of such taxpayer's interest
    17  in a certified structure, or such certified historic structure otherwise
    18  ceases to be eligible for the credit allowed under this subdivision, the
    19  taxpayer's tax imposed by this article for the  taxable  year  in  which
    20  such  disposition  occurs shall be increased by the recapture portion of
    21  the credit allowed under this paragraph for all prior taxable years with
    22  respect to such rehabilitation.
    23    (ii) For purposes of subparagraph (i) of this paragraph, the recapture
    24  portion shall be the product of the amount  of  credit  claimed  by  the
    25  taxpayer  multiplied  by  a fraction, the numerator of which is equal to
    26  twenty-four less the number of months before the disposition  or  cessa-
    27  tion of the structure occurred.
    28    [(d)]  (e)  The  credit allowed under this subdivision for any taxable
    29  year shall not reduce the tax due for such year to less than the  amount
    30  prescribed  in  paragraph  (d) of subdivision one of section two hundred
    31  ten of this article. However, if the amount of the credit allowed  under
    32  this  subdivision for any taxable year reduces the tax to such amount or
    33  if the taxpayer otherwise pays tax based on  the  fixed  dollar  minimum
    34  amount,  any  amount  of credit thus not deductible in such taxable year
    35  shall be treated as an overpayment of tax to be recredited  or  refunded
    36  in  accordance with the provisions of section one thousand eighty-six of
    37  this chapter. Provided, however, the provisions  of  subsection  (c)  of
    38  section  one  thousand  eighty-eight of this chapter notwithstanding, no
    39  interest shall be paid thereon.
    40    [(e)] (f) To be eligible for the credit allowable under this  subdivi-
    41  sion,  the  rehabilitation  project shall be in whole or in part located
    42  within a census tract which is identified  as  being  at  or  below  one
    43  hundred  percent  of  the state median family income as calculated as of
    44  January first of each year using the most recent five year estimate from
    45  the American community survey published  by  the  United  States  Census
    46  bureau.
    47    §  4.  Paragraphs 1, 2 and 3 of subdivision (y) of section 1511 of the
    48  tax law, as added by chapter 472 of the laws of 2010,  subparagraph  (A)
    49  of  paragraph  1  as amended by section 4 of part F of chapter 59 of the
    50  laws of 2013, are amended to read as follows:
    51    (1) (A) For taxable years beginning on or  after  January  first,  two
    52  thousand   ten   and   before   January  first,  two  thousand  [twenty]
    53  twenty-five, a  taxpayer  shall  be  allowed  a  credit  as  hereinafter
    54  provided, against the tax imposed by this article, in an amount equal to
    55  [one  hundred  percent of the amount of credit allowed the taxpayer with
    56  respect to a certified historic structure  under  subsection  (a)(2)  of
        A. 9842                             7

     1  section  47  of the federal internal revenue code] twenty percent of the
     2  qualified  rehabilitation  expenditures  with  respect  to  a  certified
     3  historic  structure  located  within  the  state. Provided, however, the
     4  credit  shall  not  exceed  [five] seven million dollars in state fiscal
     5  year two thousand nineteen--two thousand twenty, nine million dollars in
     6  state fiscal year  two  thousand  twenty--two  thousand  twenty-one  and
     7  twelve million dollars in state fiscal year two thousand twenty-one--two
     8  thousand  twenty-two.    For taxable years beginning on or after January
     9  first, two thousand [twenty] twenty-five, a taxpayer shall be allowed  a
    10  credit as hereinafter provided, against the tax imposed by this article,
    11  in  an  amount  equal to thirty percent of the [amount of credit allowed
    12  the taxpayer with  respect  to  a  certified  historic  structure  under
    13  subsection  (a)(2)  of  section 47 of the federal internal revenue code]
    14  qualified rehabilitation expenditure with respect to a certified histor-
    15  ic structure located within the state.  Provided,  however,  the  credit
    16  shall not exceed one hundred thousand dollars.
    17    (B)  If  the  taxpayer  is  a  partner  in a partnership, then the cap
    18  imposed in subparagraph (A) of this paragraph shall be  applied  at  the
    19  entity  level,  so that the aggregate credit allowed to all the partners
    20  of such partnership in the taxable year does not exceed the  credit  cap
    21  that is applicable in that taxable year.
    22    (2)  Tax  credits allowed pursuant to this subsection shall be allowed
    23  in the taxable year [that the  qualified  rehabilitation  is  placed  in
    24  service under section 167 of the federal internal revenue code] in which
    25  the   final  certification  step  of  the  certified  rehabilitation  is
    26  completed pursuant to subparagraph (C) of paragraph  two  of  subsection
    27  (oo) of section six hundred six of this chapter.
    28    (3)  [If the credit allowed the taxpayer pursuant to section 47 of the
    29  internal revenue code with respect  to  a  qualified  rehabilitation  is
    30  recaptured  pursuant  to  subsection  (a)  of section 50 of the internal
    31  revenue code, a portion of the credit allowed under this  subsection  in
    32  the  taxable  year the credit was claimed must be added back in the same
    33  taxable year and in the same proportion as the  federal  recapture]  (A)
    34  If,  before  the end of the two-year period beginning on the date of the
    35  final certification referred to in paragraph two  of  this  subdivision,
    36  the  taxpayer disposes of such taxpayer's interest in a certified struc-
    37  ture, or such certified historic structure otherwise ceases to be eligi-
    38  ble for the credit allowed under this subdivision,  the  taxpayer's  tax
    39  imposed  by  this article for the taxable year in which such disposition
    40  occurs shall be increased by the recapture portion of the credit allowed
    41  under this paragraph for all prior taxable years with  respect  to  such
    42  rehabilitation.
    43    (B)  For purposes of subparagraph (A) of this paragraph, the recapture
    44  portion shall be the product of the amount  of  credit  claimed  by  the
    45  taxpayer  multiplied  by  a fraction, the numerator of which is equal to
    46  twenty-four less the number of months before the disposition  or  cessa-
    47  tion of the structure occurred.
    48    §  5.  Subdivision  6  of  section  13.15 of the parks, recreation and
    49  historic preservation law, as added by chapter 547 of the laws of  2006,
    50  is amended to read as follows:
    51    6.  The  office  may  establish  a  fee or fees for its processing and
    52  review of applications for the certification of  the  rehabilitation  of
    53  historic  buildings  and the approval of rehabilitation expenditures and
    54  related work pursuant to  [subsection]  subsections  (oo)  and  (pp)  of
    55  section  six  hundred  six  of the tax law. All revenues from these fees
    56  shall be deposited by  the  comptroller  in  the  miscellaneous  special
        A. 9842                             8
     1  revenue  fund to be credited to the agency's patron services account and
     2  shall be used to support the  office's  historic  preservation  program.
     3  Nothing in this subdivision shall be construed to limit the ability of a
     4  local  landmark  commission established pursuant to section ninety-six-a
     5  or one hundred nineteen-dd of the  general  municipal  law  or  a  local
     6  government  certified  pursuant  to  section  101(c)(1)  of the national
     7  historic preservation act to establish and charge fees for its  process-
     8  ing  and  review  of applications for the certification of the rehabili-
     9  tation of historic buildings and the approval of rehabilitation expendi-
    10  tures.
    11    § 6. This act shall take effect immediately and shall apply to taxable
    12  years beginning on and after January 1, 2018.