S T A T E   O F   N E W   Y O R K
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                                  7936

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 1, 2015
                               ___________

Introduced  by M. of A. FARRELL -- read once and referred to the Commit-
  tee on Ways and Means

AN ACT to amend the real property tax law and the administrative code of
  the city of New York, in relation to tax abatement for certain  indus-
  trial  and  commercial  properties  in a city with a population of one
  million or more

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1 of section 489-gggggg of the real property
tax law, as added by chapter 119 of the laws of 2008, is amended to read
as follows:
  1. Commission members. Any city  enacting  a  local  law  pursuant  to
section  four hundred eighty-nine-bbbbbb of this title shall establish a
temporary commercial incentive area boundary commission  to  consist  of
[the  deputy mayor for economic development and planning] A DEPUTY MAYOR
DESIGNATED BY THE MAYOR, the commissioner of finance, the chair  of  the
city  planning  commission,  the  director of management and budget, the
borough presidents, the speaker of the city council and a public  member
appointed  by  the  mayor  to serve at the mayor's pleasure. Each member
except the public member shall have the power to designate an  alternate
to  represent  him  or  her  at  commission meetings to exercise all the
rights and powers of such member, including the right to vote,  provided
that such designation be made in writing to the chair of the commission.
The  deputy  mayor [for economic development and planning] DESIGNATED BY
THE MAYOR shall serve as commission chair. Each borough president  shall
be  entitled  to vote only on the designation of areas within his or her
borough. Commission members who shall be officers or employees  of  such
city  shall  serve  without  compensation  but  shall  be reimbursed for
expenses necessarily incurred in the performance of  their  duties.  Any
other  commission member shall receive as exclusive compensation for his
or her services one hundred dollars  per  diem,  or  another  reasonable

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10779-01-5
              

A. 7936                             2

amount  as  determined by the deputy mayor [for economic development and
planning] DESIGNATED BY THE MAYOR, provided,  however,  that  the  total
compensation  paid  to  any  such member shall not exceed twelve hundred
dollars  for  any calendar year, or another reasonable amount determined
by the deputy mayor [for economic development and  planning]  DESIGNATED
BY  THE MAYOR. A majority of members of such commission entitled to vote
on a matter shall constitute a quorum for such issue. Decisions shall be
made by majority vote of those present entitled to  vote  on  a  matter.
Notwithstanding any other law to the contrary, no officer or employee of
the  state  or any of its subdivisions or any public benefit corporation
shall be deemed to have forfeited his or her office or employment or any
benefits provided under the retirement and social security law or  under
any  public  retirement  system  maintained  by  the state or any of its
subdivisions by reason of accepting membership on such commission.
  S 2. Paragraphs (a) and (f) of subdivision 2 of section 489-gggggg  of
the  real property tax law, as added by chapter 119 of the laws of 2008,
are amended to read as follows:
  (a) The commission shall meet in two thousand  nine  OR  TWO  THOUSAND
FIFTEEN  and  at least once every five years thereafter to determine the
boundaries of special commercial abatement areas which it is authorized,
but not required, to designate  pursuant  to  this  section.  The  areas
designated by the commission established pursuant to title two-D of this
article  in effect as of June thirtieth, two thousand eight shall remain
in effect until the first taxable status date after the  local  legisla-
tive  body  approves a new designation pursuant to paragraph (d) of this
subdivision OR, IF THE LOCAL LEGISLATIVE BODY DOES  NOT  APPROVE  A  NEW
DESIGNATION  BEFORE  JANUARY  FIRST,  TWO  THOUSAND  SIXTEEN,  THEN, FOR
PURPOSES OF APPLICATIONS FOR SPECIAL COMMERCIAL ABATEMENT AREA BENEFITS,
THE AREAS DESIGNATED BY THE COMMISSION  ESTABLISHED  PURSUANT  TO  TITLE
TWO-D OF THIS ARTICLE IN EFFECT AS OF JUNE THIRTIETH, TWO THOUSAND EIGHT
SHALL  REMAIN  IN  EFFECT  UNTIL  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND
FIFTEEN.
  (f) If the commission fails to meet [for more than five years] IN  TWO
THOUSAND  FIFTEEN, all new applications for special commercial abatement
area benefits postmarked after [the fifth  anniversary  of  the  commis-
sion's  last  meeting] DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN shall
be deemed applications for regular area benefits.
  S 3. Subdivision a of section 11-274 of the administrative code of the
city of New York, as added by local law number 47 of  the  city  of  New
York for the year 2008, is amended to read as follows:
  a. Commission members. There shall be a temporary commercial incentive
area  boundary  commission  to consist of [the deputy mayor for economic
development and planning] A DEPUTY MAYOR DESIGNATED BY  THE  MAYOR,  the
commissioner  of finance, the chair of the city planning commission, the
director of management and budget, the borough presidents,  the  speaker
of  the city council and a public member appointed by the mayor to serve
at the mayor's pleasure. Each member except the public member shall have
the power to designate an alternate to represent him or her  at  commis-
sion  meetings  to  exercise  all  the rights and powers of such member,
including the right to vote, provided that such designation be  made  in
writing  to the chair of the commission.  The deputy mayor [for economic
development and planning] DESIGNATED BY THE MAYOR shall serve as commis-
sion chair. Each borough president shall be entitled to vote only on the
designation of areas within his or her borough. Commission  members  who
shall  be officers or employees of such city shall serve without compen-
sation but shall be reimbursed for expenses necessarily incurred in  the

A. 7936                             3

performance  of  their duties. Any other commission member shall receive
as exclusive compensation for his or her services  one  hundred  dollars
per diem, or another reasonable amount as determined by the deputy mayor
[for  economic  development  and  planning]  DESIGNATED  BY  THE  MAYOR,
provided, however, that the total compensation paid to any  such  member
shall not exceed twelve hundred dollars for any calendar year, or anoth-
er reasonable amount determined by the deputy mayor [for economic devel-
opment  and planning] DESIGNATED BY THE MAYOR.  A majority of members of
such commission entitled to vote on a matter shall constitute  a  quorum
for such issue.  Decisions shall be made by majority vote of those pres-
ent  entitled  to vote on a matter. Notwithstanding any other law to the
contrary, no officer or employee of the state or any of its subdivisions
or any public benefit corporation shall be deemed to have forfeited  his
or  her  office or employment or any benefits provided under the retire-
ment and social security law or under any public retirement system main-
tained by the state or any of its subdivisions by  reason  of  accepting
membership on such commission.
  S  4.  Paragraphs  1  and  6 of subdivision b of section 11-274 of the
administrative code of the city of New   York, as  added  by  local  law
number 47 of the city of New York for the year 2008, are amended to read
as follows:
  (1)  The  commission  shall  meet in two thousand nine OR TWO THOUSAND
FIFTEEN and at least once every five years thereafter to  determine  the
boundaries of special commercial abatement areas which it is authorized,
but  not  required,  to  designate  pursuant  to this section. The areas
designated by the commission established  pursuant  to  title  two-D  of
article  four  of the real property tax law in effect as of June thirti-
eth, two thousand eight shall remain in effect until the  first  taxable
status  date  after the city council approves a new designation pursuant
to paragraph (4) of this subdivision OR, IF THE LOCAL  LEGISLATIVE  BODY
DOES  NOT  APPROVE  A NEW DESIGNATION BEFORE JANUARY FIRST, TWO THOUSAND
SIXTEEN, THEN, FOR  PURPOSES  OF  APPLICATIONS  FOR  SPECIAL  COMMERCIAL
ABATEMENT  AREA  BENEFITS, THE AREAS DESIGNATED BY THE COMMISSION ESTAB-
LISHED PURSUANT TO TITLE TWO-D OF ARTICLE FOUR OF THE REAL PROPERTY  TAX
LAW  IN  EFFECT AS OF JUNE THIRTIETH, TWO THOUSAND EIGHT SHALL REMAIN IN
EFFECT UNTIL DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN.
  (6) If the commission fails to meet [for more than five years] IN  TWO
THOUSAND  FIFTEEN, all new applications for special commercial abatement
area benefits postmarked after [the fifth  anniversary  of  the  commis-
sion's  last  meeting] DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN shall
be deemed applications for regular area benefits.
  S 5. This act shall take effect immediately.