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

                                 7327--A
    Cal. No. 427

                            I N  S E N A T E

                             March 30, 2010
                               ___________

Introduced  by  Sen. PADAVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities -- reported favora-
  bly from said committee, ordered to first  report,  amended  on  first
  report,  ordered  to  a second report and ordered reprinted, retaining
  its place in the order of second report

AN ACT to amend the general city law and the administrative code of  the
  city  of  New  York,  in relation to extending the special rebates and
  discounts provided pursuant to the energy cost savings program and the
  lower Manhattan energy program

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

  Section  1.  Paragraph  1  of  subdivision  (b) of section 25-s of the
general city law, as amended by chapter 202 of  the  laws  of  2009,  is
amended to to read as follows:
  (1)  non-residential  premises  that  are wholly contained in property
that is eligible to obtain benefits under title two-D or two-F of  arti-
cle  four  of the real property tax law, or would be eligible to receive
benefits under such article except that such  property  is  exempt  from
real property taxation and the requirements of paragraph (b) of subdivi-
sion seven of section four hundred eighty-nine-dddd of such title two-D,
or the requirements of subparagraph (ii) of paragraph (b) of subdivision
five  of  section  four  hundred eighty-nine-cccccc of such title two-F,
whichever is applicable, have not been satisfied, provided that applica-
tion for such benefits was made after May third, nineteen hundred eight-
y-five and prior to  July  first,  two  thousand  [ten]  THIRTEEN,  that
construction or renovation of such premises was described in such appli-
cation,  that  such  premises  have  been substantially improved by such
construction or renovation  so  described,  that  the  minimum  required
expenditure as defined in such title two-D or two-F, whichever is appli-
cable,  has  been  made,  and  that  such real property is located in an
eligible area; or
  S 2. Paragraph 3 of subdivision (b) of section  25-s  of  the  general
city  law,  as amended by chapter 255 of the laws of 2007, is amended to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD16681-02-0

S. 7327--A                          2

  (3) non-residential premises that are wholly contained in real proper-
ty that has obtained approval after October thirty-first,  two  thousand
and prior to July first, two thousand [ten] THIRTEEN for financing by an
industrial development agency established pursuant to article eighteen-A
of the general municipal law, provided that such financing has been used
in  whole  or  in  part  to  substantially  improve  such  premises  (by
construction or renovation), and that expenditures have  been  made  for
improvements  to  such  real property in excess of ten per centum of the
value at which such real property was assessed for tax purposes for  the
tax  year  in  which such improvements commenced, that such expenditures
have been made within thirty-six months after the  earlier  of  (i)  the
issuance by such agency of bonds for such financing, or (ii) the convey-
ance  of title to such property to such agency, and that such real prop-
erty is located in an eligible area; or
  S 3. Paragraph 5 of subdivision (b) of section  25-s  of  the  general
city  law,  as amended by chapter 255 of the laws of 2007, is amended to
read as follows:
  (5) non-residential premises that are wholly contained in real proper-
ty owned by such city or the New York  state  urban  development  corpo-
ration,  or  a  subsidiary  thereof,  a  lease for which was approved in
accordance with the applicable provisions of the charter of such city or
by the board of directors of such corporation,  and  such  approval  was
obtained  after  October  thirty-first,  two  thousand and prior to July
first, two thousand [ten] THIRTEEN, provided, however, that  such  prem-
ises  were  constructed  or  renovated subsequent to such approval, that
expenditures have been made subsequent to such approval for improvements
to such real property (by construction or renovation) in excess  of  ten
per centum of the value at which such real property was assessed for tax
purposes  for  the  tax  year in which such improvements commenced, that
such expenditures have been made  within  thirty-six  months  after  the
effective  date of such lease, and that such real property is located in
an eligible area; or
  S 4. Paragraph 2 of subdivision (c) of section  25-t  of  the  general
city  law,  as amended by chapter 255 of the laws of 2007, is amended to
read as follows:
  (2) No eligible energy user, qualified eligible energy  user,  on-site
cogenerator,  or clean on-site cogenerator shall receive a rebate pursu-
ant to this article until it  has  obtained  a  certification  from  the
appropriate  city agency in accordance with a local law enacted pursuant
to this section. No such certification for a qualified  eligible  energy
user  shall  be issued on or after November first, two thousand. No such
certification of any other eligible energy user, on-site cogenerator, or
clean on-site cogenerator shall be issued on or after  July  first,  two
thousand [ten] THIRTEEN.
  S  5.  Paragraph  1 of subdivision (a) of section 25-aa of the general
city law, as amended by chapter 202 of the laws of 2009, is  amended  to
read as follows:
  (1) is eligible to obtain benefits under title two-D or two-F of arti-
cle  four  of the real property tax law, or would be eligible to receive
benefits under such title except that such property is exempt from  real
property  taxation  and the requirements of paragraph (b) of subdivision
seven of section four hundred eighty-nine-dddd of such title  two-D,  or
the  requirements  of  subparagraph (ii) of paragraph (b) of subdivision
five of section four hundred eighty-nine-cccccc  of  such  title  two-F,
whichever  is  applicable,  of  the  real property tax law have not been
satisfied, provided that application for such benefits  was  made  after

S. 7327--A                          3

the  thirtieth  day of June, nineteen hundred ninety-five and before the
first day of July, two thousand [ten]  THIRTEEN,  that  construction  or
renovation  of such building or structure was described in such applica-
tion, that such building or structure has been substantially improved by
such  construction  or  renovation,  and  (i)  that the minimum required
expenditure as defined in such title has been made, or (ii) where  there
is   no  applicable  minimum  required  expenditure,  the  building  was
constructed within such period or periods of time established  by  title
two-D  or  two-F,  whichever  is applicable, of article four of the real
property tax law for construction of a new building or structure; or
  S 6. Paragraphs 2 and 3 of subdivision (a) of  section  25-aa  of  the
general  city  law,  as  amended by chapter 255 of the laws of 2007, are
amended to read as follows:
  (2) has obtained approval after the thirtieth day  of  June,  nineteen
hundred ninety-five and before the first day of July, two thousand [ten]
THIRTEEN,  for financing by an industrial development agency established
pursuant to article eighteen-A of the general  municipal  law,  provided
that  such  financing has been used in whole or in part to substantially
improve such building or structure by construction or  renovation,  that
expenditures  have  been  made for improvements to such real property in
excess of twenty per centum of the value at which such real property was
assessed for tax purposes for the tax year in  which  such  improvements
commenced,  and  that such expenditures have been made within thirty-six
months after the earlier of (i) the issuance by such agency of bonds for
such financing, or (ii) the conveyance of  title  to  such  building  or
structure to such agency; or
  (3)  is  owned  by  the  city  of New York or the New York state urban
development corporation, or a subsidiary corporation  thereof,  a  lease
for  which  was approved in accordance with the applicable provisions of
the charter of such city or by the board of  directors  of  such  corpo-
ration,  as  the  case  may be, and such approval was obtained after the
thirtieth day of June, nineteen hundred ninety-five and before the first
day of July, two thousand [ten]  THIRTEEN,  provided  that  expenditures
have been made for improvements to such real property in excess of twen-
ty  per centum of the value at which such real property was assessed for
tax purposes for the tax year in which such improvements commenced,  and
that such expenditures have been made within thirty-six months after the
effective date of such lease; or
  S  7.  Subdivision  (f)  of  section 25-bb of the general city law, as
amended by chapter 255 of the laws  of  2007,  is  amended  to  read  as
follows:
  (f) Application and certification. An owner or lessee of a building or
structure  located  in  an  eligible revitalization area, or an agent of
such owner or lessee, may apply to such  department  of  small  business
services  for certification that such building or structure is an eligi-
ble building or targeted  eligible  building  meeting  the  criteria  of
subdivision  (a)  or  (q)  of  section  twenty-five-aa  of this article.
Application for such certification must be filed after the thirtieth day
of June, nineteen hundred ninety-five and before a  building  permit  is
issued  for the construction or renovation required by such subdivisions
and before the first day of July, two thousand [ten] THIRTEEN,  provided
that  no  certification for a targeted eligible building shall be issued
after October thirty-first, two thousand. Such application shall identi-
fy expenditures to be made  that  will  affect  eligibility  under  such
subdivision  (a) or (q). Upon completion of such expenditures, an appli-
cant shall supplement such application to provide information (i) estab-

S. 7327--A                          4

lishing that the criteria of such subdivision (a) or (q) have been  met;
(ii) establishing a basis for determining the amount of special rebates,
including a basis for an allocation of the special rebate among eligible
revitalization area energy users purchasing or otherwise receiving ener-
gy  services  from  an  eligible  redistributor of energy or a qualified
eligible redistributor of energy; and (iii) supporting an allocation  of
charges  for energy services between eligible charges and other charges.
Such department shall certify a building or  structure  as  an  eligible
building  or targeted eligible building after receipt and review of such
information and upon a determination that such  information  establishes
that  the  building  or  structure  qualifies as an eligible building or
targeted eligible building. Such  department  shall  mail  such  certif-
ication  or  notice thereof to the applicant upon issuance. Such certif-
ication shall remain in effect provided the  eligible  redistributor  of
energy or qualified eligible redistributor of energy reports any changes
that  materially affect the amount of the special rebates to which it is
entitled or the amount of reduction required by subdivision (c) of  this
section  in  an  energy services bill of an eligible revitalization area
energy user and otherwise complies with the requirements of  this  arti-
cle.  Such department shall notify the private utility or public utility
service required to make a special rebate to such redistributor  of  the
amount  of  such special rebate established at the time of certification
and any changes in such amount and any suspension or termination by such
department of certification under this subdivision. Such department  may
require  some  or all of the information required as part of an applica-
tion or other report be provided by a licensed engineer.
  S 8. Paragraph 1 of subdivision (i) of section 22-601 of the  adminis-
trative  code  of the city of New York, as amended by chapter 202 of the
laws of 2009, is amended to read as follows:
  (1) Non-residential premises that are  wholly  contained  in  property
that  is  eligible  to  obtain  benefits under part four or part five of
subchapter two of chapter two of title eleven of this code, or would  be
eligible to receive benefits under such chapter except that such proper-
ty  is  exempt from real property taxation and the requirements of para-
graph two of subdivision g of  section  11-259  of  this  code,  or  the
requirements  of  subparagraph  (b) of paragraph two of subdivision e of
section 11-270 of this code, whichever  is  applicable,  have  not  been
satisfied,  provided  that  application for such benefits was made after
May third, nineteen hundred eighty-five and prior  to  July  first,  two
thousand  [ten]  THIRTEEN, that construction or renovation of such prem-
ises was described in such application, that  such  premises  have  been
substantially  improved by such construction or renovation so described,
that the minimum required expenditure as defined in such  part  four  or
part  five,  whichever  is applicable, has been made, and that such real
property is located in an eligible area; or
  S 9. Paragraph 3 of subdivision (i) of section 22-601 of the  adminis-
trative  code  of the city of New York, as amended by chapter 255 of the
laws of 2007, is amended to read as follows:
  (3) non-residential premises that are wholly contained in real proper-
ty that has obtained approval after October thirty-first,  two  thousand
and prior to July first, two thousand [ten] THIRTEEN for financing by an
industrial development agency established pursuant to article eighteen-A
of the general municipal law, provided that such financing has been used
in  whole  or  in  part  to  substantially  improve  such  premises  (by
construction or renovation), and that expenditures have  been  made  for
improvements  to  such  real property in excess of ten per centum of the

S. 7327--A                          5

value at which such real property was assessed for tax purposes for  the
tax  year  in  which such improvements commenced, that such expenditures
have been made within thirty-six months after the  earlier  of  (i)  the
issuance by such agency of bonds for such financing, or (ii) the convey-
ance  of title to such property to such agency, and that such real prop-
erty is located in an eligible area; or
  S 10. Paragraph 5 of subdivision (i) of section 22-601, as amended  by
chapter 255 of the laws of 2007, is amended to read as follows:
  (5) non-residential premises that are wholly contained in real proper-
ty  owned  by  such  city or the New York state urban development corpo-
ration, or a subsidiary thereof, a  lease  for  which  was  approved  in
accordance with the applicable provisions of the charter of such city or
by  the  board  of  directors of such corporation, and such approval was
obtained after October thirty-first, two  thousand  and  prior  to  July
first,  two  thousand [ten] THIRTEEN, provided, however, that such prem-
ises were constructed or renovated subsequent  to  such  approval,  that
expenditures have been made subsequent to such approval for improvements
to  such  real property (by construction or renovation) in excess of ten
per centum of the value at which such real property was assessed for tax
purposes for the tax year in which  such  improvements  commenced,  that
such  expenditures  have  been  made  within thirty-six months after the
effective date of such lease, and that such real property is located  in
an eligible area; or
  S 11. Paragraph 1 of subdivision (c) of section 22-602 of the adminis-
trative  code  of the city of New York, as amended by chapter 255 of the
laws of 2007, is amended to read as follows:
  (1) No eligible energy user, qualified eligible energy  user,  on-site
cogenerator,  clean  on-site cogenerator or special eligible energy user
shall receive a rebate pursuant to this chapter until it has obtained  a
certification  as  an  eligible  energy  user, qualified eligible energy
user, on-site cogenerator, clean on-site cogenerator or special eligible
energy user, respectively,  from  the  commissioner  of  small  business
services.  No  such  certification  for a qualified eligible energy user
shall be issued on or after July first,  two  thousand  three.  No  such
certification  of any other eligible energy user, on-site cogenerator or
clean on-site cogenerator shall be issued on or after  July  first,  two
thousand  [ten]  THIRTEEN.  The commissioner of small business services,
after notice and hearing, may revoke a certification issued pursuant  to
this  subdivision  where  it is found that eligibility criteria have not
been met or that compliance with conditions  for  continued  eligibility
has  not  been  maintained. The corporation counsel may maintain a civil
action to recover an amount equal to any benefits improperly obtained.
  S 12. This act shall take effect immediately.