S T A T E   O F   N E W   Y O R K
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                                  3585

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by M. of A. BRENNAN -- read once and referred to the Commit-
  tee on Real Property Taxation

AN ACT to amend the real property tax law, in relation to administration
  of the industrial and commercial incentive program in a city having  a
  population  of  one  million  or  more; and to repeal subdivision 4 of
  section 489-eeee of the real property tax law, relating to the  filing
  of a certificate of eligibility under such program

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

  Section 1. Paragraph (a) of subdivision 3 of section 489-dddd  of  the
real property tax law, as amended by chapter 781 of the laws of 1992, is
amended to read as follows:
  (a)  No  benefits  pursuant  to  this  title  shall be granted for any
construction work unless the applicant filed  an  application  for  such
benefits [on or before] NO LATER THAN ONE YEAR FROM the date of issuance
of a building permit for such work. The requirements of this subdivision
may  be  satisfied  where the applicant's architect, contractor or other
representative authorized to file  the  application  for  such  building
permit  files  with the department of finance on behalf of the applicant
[a preliminary]  AN  application  containing  such  information  as  the
department of finance shall prescribe by regulation.
  S  2.  Subdivision 1 of section 489-eeee of the real property tax law,
as amended by chapter 138 of the laws of 2008, is  amended  to  read  as
follows:
  1. Application for a certificate of eligibility pursuant to this title
may  be  made  immediately  following  the effective date of a local law
enacted pursuant to this title and continuing until June thirtieth,  two
thousand eight; provided, however, that application for a certificate of
eligibility for renovation construction work for property located in the
renovation  exemption  area  specified in subparagraph (ii) of paragraph
(d) of subdivision five of section four hundred eighty-nine-cccc of this

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03240-01-9
              

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title may not be made after January thirty-first, nineteen hundred nine-
ty-five; provided, further, however, that application for a  certificate
of  eligibility  for  construction  of  a new building or structure that
meets  the  requirements  set  forth in subdivision nine of section four
hundred eighty-nine-dddd of this title in the new construction exemption
area specified in paragraph (a)  of  subdivision  six  of  section  four
hundred  eighty-nine-cccc  of  this title may not be made after December
thirty-first, nineteen hundred ninety-six; provided,  further,  however,
that  application for a certificate of eligibility for construction of a
new building or structure that  meets  the  requirements  set  forth  in
subdivision  nine of section four hundred eighty-nine-dddd of this title
in the new construction exemption area specified  in  paragraph  (b)  of
subdivision  six  of section four hundred eighty-nine-cccc of this title
may not be made after June thirtieth, two thousand three. Such  applica-
tion  shall state whether it is for industrial, commercial or renovation
construction work, and shall be filed with the department of finance. In
addition to any other  information  required  by  such  department,  the
application  shall  include  cost  estimates  or  bids  for the proposed
construction and an affidavit of a professional engineer or architect of
the  applicant's  choice,  certifying  that  detailed  plans   for   the
construction  work  have  been submitted to the department of buildings.
Such application shall also state that the applicant  agrees  to  comply
with and be subject to the rules issued from time to time by the depart-
ment of finance to secure compliance with all applicable city, state and
federal  laws or which implement mayoral directives and executive orders
designed to ensure equal employment opportunity. If  required  by  local
law  or  rule  as  described in section four hundred eighty-nine-llll of
this title, such application shall also state that the applicant  agrees
to  comply  with  the  program  established thereby to ensure meaningful
participation  of  minority  and  women-owned  business  enterprises  in
construction  work  for  which  the  applicant  receives benefits. [Such
application shall also certify that all taxes currently due and owing on
the property which is the subject of the application have been  paid  or
are  currently  being  paid  in  timely installments pursuant to written
agreement with the department of finance.]
  S 3. Subdivision 4 of section 489-eeee of the real property tax law is
REPEALED.
  S 4. Subdivision 2 of section 489-ffff of the real property  tax  law,
as  amended  by  chapter  661 of the laws of 1995, is amended to read as
follows:
  2. For the duration of the benefit period  the  recipient  shall  file
[annually]  BIENNIALLY  with the department of finance, on or before the
APPROPRIATE taxable status date, a certificate of continuing use stating
the purposes for which the property  described  in  the  certificate  of
eligibility  is  being  used and the net square footage allotted to each
such purpose. Such certificate of continuing use  shall  be  on  a  form
prescribed by the department of finance and shall state the total number
of  workers  employed on the property and the number of such workers who
are city residents. The department of finance shall  have  authority  to
terminate benefits pursuant to this title upon failure of a recipient to
file  such  certificate  by the taxable status date. The burden of proof
shall be on the recipient to establish continuing eligibility for  bene-
fits  and  the department of finance shall have the authority to require
that statements made in such certificate shall be made under oath.

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  S 5. Subdivision 3 of section 489-ffff of the real property  tax  law,
as  added  by  chapter  966  of  the laws of 1984, is amended to read as
follows:
  3.  A  recipient  shall file an amendment to the latest certificate of
continuing use prior to (a) converting square  footage  within  property
which  is  the  subject  of  a certificate of eligibility for industrial
construction work from use for the manufacturing activities described in
such certificate of continuing use where such conversion results in less
than sixty-five per centum of total net square  footage  being  used  or
held  out  for  use  for manufacturing activities; or (b) converting any
portion of property which is the subject of a certificate of eligibility
to use for any restricted activity or as  residential  property.    WITH
RESPECT  TO ANY CONVERSION OF PROPERTY DESCRIBED IN SECTION FOUR HUNDRED
EIGHTY-NINE-GGGG OF THIS TITLE TO WHICH THE PRECEDING SENTENCE  OF  THIS
SUBDIVISION  DOES  NOT APPLY, A RECIPIENT SHALL FILE AN AMENDMENT TO THE
LATEST CERTIFICATE OF CONTINUING USE  ON  OR  BEFORE  THE  NEXT  TAXABLE
STATUS DATE IMMEDIATELY FOLLOWING SUCH CONVERSION.
  S 6. This act shall take effect immediately.