Bill Text: NY S06074 | 2017-2018 | General Assembly | Introduced
Bill Title: Extends certain provisions relating to specially eligible premises and special rebates.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-01-03 - REFERRED TO CITIES [S06074 Detail]
Download: New_York-2017-S06074-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6074 2017-2018 Regular Sessions IN SENATE May 10, 2017 ___________ Introduced by Sen. FELDER -- read twice and ordered printed, and when printed to be committed to the Committee on Cities AN ACT to amend the general city law and the administrative code of the city of New York, in relation to extending certain provisions relating to specially eligible premises and special rebates The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph 1 of subdivision (b) of section 25-s of the 2 general city law, as amended by section 39 of part A of chapter 20 of 3 the laws of 2015, is amended to read as follows: 4 (1) non-residential premises that are wholly contained in property 5 that is eligible to obtain benefits under title two-D or two-F of arti- 6 cle four of the real property tax law, or would be eligible to receive 7 benefits under such article except that such property is exempt from 8 real property taxation and the requirements of paragraph (b) of subdivi- 9 sion seven of section four hundred eighty-nine-dddd of such title two-D, 10 or the requirements of subparagraph (ii) of paragraph (b) of subdivision 11 five of section four hundred eighty-nine-cccccc of such title two-F, 12 whichever is applicable, have not been satisfied, provided that applica- 13 tion for such benefits was made after May third, nineteen hundred eight- 14 y-five and prior to July first, two thousand [seventeen] twenty-one, 15 that construction or renovation of such premises was described in such 16 application, that such premises have been substantially improved by such 17 construction or renovation so described, that the minimum required 18 expenditure as defined in such title two-D or two-F, whichever is appli- 19 cable, has been made, and that such real property is located in an 20 eligible area; or 21 § 2. Paragraph 3 of subdivision (b) of section 25-s of the general 22 city law, as amended by section 40 of part A of chapter 20 of the laws 23 of 2015, is amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11398-01-7S. 6074 2 1 (3) non-residential premises that are wholly contained in real proper- 2 ty that has obtained approval after October thirty-first, two thousand 3 and prior to July first, two thousand [seventeen] twenty-one for financ- 4 ing by an industrial development agency established pursuant to article 5 eighteen-A of the general municipal law, provided that such financing 6 has been used in whole or in part to substantially improve such premises 7 (by construction or renovation), and that expenditures have been made 8 for improvements to such real property in excess of ten per centum of 9 the value at which such real property was assessed for tax purposes for 10 the tax year in which such improvements commenced, that such expendi- 11 tures have been made within thirty-six months after the earlier of (i) 12 the issuance by such agency of bonds for such financing, or (ii) the 13 conveyance of title to such property to such agency, and that such real 14 property is located in an eligible area; or 15 § 3. Paragraph 5 of subdivision (b) of section 25-s of the general 16 city law, as amended by section 41 of part A of chapter 20 of the laws 17 of 2015, is amended to read as follows: 18 (5) non-residential premises that are wholly contained in real proper- 19 ty owned by such city or the New York state urban development corpo- 20 ration, or a subsidiary thereof, a lease for which was approved in 21 accordance with the applicable provisions of the charter of such city or 22 by the board of directors of such corporation, and such approval was 23 obtained after October thirty-first, two thousand and prior to July 24 first, two thousand [seventeen] twenty-one, provided, however, that such 25 premises were constructed or renovated subsequent to such approval, that 26 expenditures have been made subsequent to such approval for improvements 27 to such real property (by construction or renovation) in excess of ten 28 per centum of the value at which such real property was assessed for tax 29 purposes for the tax year in which such improvements commenced, that 30 such expenditures have been made within thirty-six months after the 31 effective date of such lease, and that such real property is located in 32 an eligible area; or 33 § 4. Paragraph 2 of subdivision (c) of section 25-t of the general 34 city law, as amended by section 42 of part A of chapter 20 of the laws 35 of 2015, is amended to read as follows: 36 (2) No eligible energy user, qualified eligible energy user, on-site 37 cogenerator, or clean on-site cogenerator shall receive a rebate pursu- 38 ant to this article until it has obtained a certification from the 39 appropriate city agency in accordance with a local law enacted pursuant 40 to this section. No such certification for a qualified eligible energy 41 user shall be issued on or after November first, two thousand. No such 42 certification of any other eligible energy user, on-site cogenerator, or 43 clean on-site cogenerator shall be issued on or after July first, two 44 thousand [seventeen] twenty-one. 45 § 5. Paragraph 1 of subdivision (a) of section 25-aa of the general 46 city law, as amended by section 43 of part A of chapter 20 of the laws 47 of 2015, is amended to read as follows: 48 (1) is eligible to obtain benefits under title two-D or two-F of arti- 49 cle four of the real property tax law, or would be eligible to receive 50 benefits under such title except that such property is exempt from real 51 property taxation and the requirements of paragraph (b) of subdivision 52 seven of section four hundred eighty-nine-dddd of such title two-D, or 53 the requirements of subparagraph (ii) of paragraph (b) of subdivision 54 five of section four hundred eighty-nine-cccccc of such title two-F, 55 whichever is applicable, of the real property tax law have not been 56 satisfied, provided that application for such benefits was made afterS. 6074 3 1 the thirtieth day of June, nineteen hundred ninety-five and before the 2 first day of July, two thousand [seventeen] twenty-one, that 3 construction or renovation of such building or structure was described 4 in such application, that such building or structure has been substan- 5 tially improved by such construction or renovation, and (i) that the 6 minimum required expenditure as defined in such title has been made, or 7 (ii) where there is no applicable minimum required expenditure, the 8 building was constructed within such period or periods of time estab- 9 lished by title two-D or two-F, whichever is applicable, of article four 10 of the real property tax law for construction of a new building or 11 structure; or 12 § 6. Paragraphs 2 and 3 of subdivision (a) of section 25-aa of the 13 general city law, as amended by section 44 of part A of chapter 20 of 14 the laws of 2015, are amended to read as follows: 15 (2) has obtained approval after the thirtieth day of June, nineteen 16 hundred ninety-five and before the first day of July, two thousand 17 [seventeen] twenty-one, for financing by an industrial development agen- 18 cy established pursuant to article eighteen-A of the general municipal 19 law, provided that such financing has been used in whole or in part to 20 substantially improve such building or structure by construction or 21 renovation, that expenditures have been made for improvements to such 22 real property in excess of twenty per centum of the value at which such 23 real property was assessed for tax purposes for the tax year in which 24 such improvements commenced, and that such expenditures have been made 25 within thirty-six months after the earlier of (i) the issuance by such 26 agency of bonds for such financing, or (ii) the conveyance of title to 27 such building or structure to such agency; or 28 (3) is owned by the city of New York or the New York state urban 29 development corporation, or a subsidiary corporation thereof, a lease 30 for which was approved in accordance with the applicable provisions of 31 the charter of such city or by the board of directors of such corpo- 32 ration, as the case may be, and such approval was obtained after the 33 thirtieth day of June, nineteen hundred ninety-five and before the first 34 day of July, two thousand [seventeen] twenty-one, provided that expendi- 35 tures have been made for improvements to such real property in excess of 36 twenty per centum of the value at which such real property was assessed 37 for tax purposes for the tax year in which such improvements commenced, 38 and that such expenditures have been made within thirty-six months after 39 the effective date of such lease; or 40 § 7. Subdivision (f) of section 25-bb of the general city law, as 41 amended by section 45 of part A of chapter 20 of the laws of 2015, is 42 amended to read as follows: 43 (f) Application and certification. An owner or lessee of a building or 44 structure located in an eligible revitalization area, or an agent of 45 such owner or lessee, may apply to such department of small business 46 services for certification that such building or structure is an eligi- 47 ble building or targeted eligible building meeting the criteria of 48 subdivision (a) or (q) of section twenty-five-aa of this article. 49 Application for such certification must be filed after the thirtieth day 50 of June, nineteen hundred ninety-five and before a building permit is 51 issued for the construction or renovation required by such subdivisions 52 and before the first day of July, two thousand [seventeen] twenty-one, 53 provided that no certification for a targeted eligible building shall be 54 issued after October thirty-first, two thousand. Such application shall 55 identify expenditures to be made that will affect eligibility under such 56 subdivision (a) or (q). Upon completion of such expenditures, an appli-S. 6074 4 1 cant shall supplement such application to provide information (i) estab- 2 lishing that the criteria of such subdivision (a) or (q) have been met; 3 (ii) establishing a basis for determining the amount of special rebates, 4 including a basis for an allocation of the special rebate among eligible 5 revitalization area energy users purchasing or otherwise receiving ener- 6 gy services from an eligible redistributor of energy or a qualified 7 eligible redistributor of energy; and (iii) supporting an allocation of 8 charges for energy services between eligible charges and other charges. 9 Such department shall certify a building or structure as an eligible 10 building or targeted eligible building after receipt and review of such 11 information and upon a determination that such information establishes 12 that the building or structure qualifies as an eligible building or 13 targeted eligible building. Such department shall mail such certif- 14 ication or notice thereof to the applicant upon issuance. Such certif- 15 ication shall remain in effect provided the eligible redistributor of 16 energy or qualified eligible redistributor of energy reports any changes 17 that materially affect the amount of the special rebates to which it is 18 entitled or the amount of reduction required by subdivision (c) of this 19 section in an energy services bill of an eligible revitalization area 20 energy user and otherwise complies with the requirements of this arti- 21 cle. Such department shall notify the private utility or public utility 22 service required to make a special rebate to such redistributor of the 23 amount of such special rebate established at the time of certification 24 and any changes in such amount and any suspension or termination by such 25 department of certification under this subdivision. Such department may 26 require some or all of the information required as part of an applica- 27 tion or other report be provided by a licensed engineer. 28 § 8. Paragraph 1 of subdivision (i) of section 22-601 of the adminis- 29 trative code of the city of New York, as amended by section 46 of part A 30 of chapter 20 of the laws of 2015, is amended to read as follows: 31 (1) Non-residential premises that are wholly contained in property 32 that is eligible to obtain benefits under part four or part five of 33 subchapter two of chapter two of title eleven of this code, or would be 34 eligible to receive benefits under such chapter except that such proper- 35 ty is exempt from real property taxation and the requirements of para- 36 graph two of subdivision g of section 11-259 of this code, or the 37 requirements of subparagraph (b) of paragraph two of subdivision e of 38 section 11-270 of this code, whichever is applicable, have not been 39 satisfied, provided that application for such benefits was made after 40 May third, nineteen hundred eighty-five and prior to July first, two 41 thousand [seventeen] twenty-one, that construction or renovation of such 42 premises was described in such application, that such premises have been 43 substantially improved by such construction or renovation so described, 44 that the minimum required expenditure as defined in such part four or 45 part five, whichever is applicable, has been made, and that such real 46 property is located in an eligible area; or 47 § 9. Paragraph 3 of subdivision (i) of section 22-601 of the adminis- 48 trative code of the city of New York, as amended by section 47 of part A 49 of chapter 20 of the laws of 2015, is amended to read as follows: 50 (3) non-residential premises that are wholly contained in real proper- 51 ty that has obtained approval after October thirty-first, two thousand 52 and prior to July first, two thousand [seventeen] twenty-one for financ- 53 ing by an industrial development agency established pursuant to article 54 eighteen-A of the general municipal law, provided that such financing 55 has been used in whole or in part to substantially improve such premises 56 (by construction or renovation), and that expenditures have been madeS. 6074 5 1 for improvements to such real property in excess of ten per centum of 2 the value at which such real property was assessed for tax purposes for 3 the tax year in which such improvements commenced, that such expendi- 4 tures have been made within thirty-six months after the earlier of (i) 5 the issuance by such agency of bonds for such financing, or (ii) the 6 conveyance of title to such property to such agency, and that such real 7 property is located in an eligible area; or 8 § 10. Paragraph 5 of subdivision (i) of section 22-601 of the adminis- 9 trative code of the city of New York, as amended by section 48 of part A 10 of chapter 20 of the laws of 2015, is amended to read as follows: 11 (5) non-residential premises that are wholly contained in real proper- 12 ty owned by such city or the New York state urban development corpo- 13 ration, or a subsidiary thereof, a lease for which was approved in 14 accordance with the applicable provisions of the charter of such city or 15 by the board of directors of such corporation, and such approval was 16 obtained after October thirty-first, two thousand and prior to July 17 first, two thousand [seventeen] twenty-one, provided, however, that such 18 premises were constructed or renovated subsequent to such approval, that 19 expenditures have been made subsequent to such approval for improvements 20 to such real property (by construction or renovation) in excess of ten 21 per centum of the value at which such real property was assessed for tax 22 purposes for the tax year in which such improvements commenced, that 23 such expenditures have been made within thirty-six months after the 24 effective date of such lease, and that such real property is located in 25 an eligible area; or 26 § 11. Paragraph 1 of subdivision (c) of section 22-602 of the adminis- 27 trative code of the city of New York, as amended by section 49 of part A 28 of chapter 20 of the laws of 2015, is amended to read as follows: 29 (1) No eligible energy user, qualified eligible energy user, on-site 30 cogenerator, clean on-site cogenerator or special eligible energy user 31 shall receive a rebate pursuant to this chapter until it has obtained a 32 certification as an eligible energy user, qualified eligible energy 33 user, on-site cogenerator, clean on-site cogenerator or special eligible 34 energy user, respectively, from the commissioner of small business 35 services. No such certification for a qualified eligible energy user 36 shall be issued on or after July first, two thousand three. No such 37 certification of any other eligible energy user, on-site cogenerator or 38 clean on-site cogenerator shall be issued on or after July first, two 39 thousand [seventeen] twenty-one. The commissioner of small business 40 services, after notice and hearing, may revoke a certification issued 41 pursuant to this subdivision where it is found that eligibility criteria 42 have not been met or that compliance with conditions for continued 43 eligibility has not been maintained. The corporation counsel may main- 44 tain a civil action to recover an amount equal to any benefits improper- 45 ly obtained. 46 § 12. This act shall take effect immediately.
