senate Bill S3090

2011-2012 Legislative Session

Extends the deadline for applications for tax abatements for industrial and commercial construction work in cities having a population of 1 million or more

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to cities
returned to senate
died in assembly
Mar 02, 2011 referred to ways and means
Mar 01, 2011 delivered to assembly
passed senate
Feb 28, 2011 advanced to third reading
Feb 15, 2011 2nd report cal.
Feb 14, 2011 1st report cal.95
Feb 08, 2011 referred to cities

Votes

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Co-Sponsors

S3090 - Bill Details

See Assembly Version of this Bill:
A7152
Current Committee:
Law Section:
Real Property Tax Law
Laws Affected:
Amd ยง489-dddddd, RPT L

S3090 - Bill Texts

view summary

Extends, from March 1, 2011 to March 1, 2015, the deadline for applications for tax abatements for industrial and commercial construction work in cities having a population of 1 million or more; provides that no such abatement shall be granted unless a building permit is granted or construction commences on or before April 1, 2015.

view sponsor memo
BILL NUMBER:S3090

TITLE OF BILL:
An act
to amend the real property tax law, in relation to applications for tax
abatements for industrial and commercial construction work on properties
in a city of one million or more persons

SUMMARY OF PROVISIONS:
Bill section one amends paragraph (a) of subdivision 1 of section
489-dddddd of the Real Property Tax Law to extend the sunset date of
the Industrial and Commercial Abatement Program ("ICAP") from March
1, 2011 to March 1, 2015.

Section 2 of this bill adds a new subdivision 3 to section 489-dddddd
to provide that no benefits will be granted for construction work
unless the first building permit was issued on or before April 1,
2015, or, if no permit was required, unless construction commences on
or before April 1, 2015.

REASONS FOR SUPPORT:
ICAP was enacted by Chapter 119 of the Laws of 2008 to replace the
Industrial and Commercial Incentive Program ("ICIP") to create
significant new economic activity at the lowest possible cost. This
bill will extend ICAP for an additional four years. The bill also
closes a loophole in the law that appeared to allow for indefinite
eligibility once an application was filed and approved, in that the
law did not include a deadline for obtaining a first building permit.
As the law presently reads, if a preliminary application for benefits
was timely filed, an applicant would be able to delay construction
indefinitely. This bill will add a provision to require timely
commencement of the project.

Accordingly, the Mayor urges the earliest possible favorable
consideration of this proposal by the Legislature.

EFFECTIVE DATE:
Immediately.

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

                                  3090

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 8, 2011
                               ___________

Introduced by Sens. LANZA, GOLDEN -- read twice and ordered printed, and
  when printed to be committed to the Committee on Cities

AN  ACT  to amend the real property tax law, in relation to applications
  for tax abatements for industrial and commercial construction work  on
  properties in a city of one million or more persons

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

  Section 1. Paragraph (a) of subdivision 1 of section 489-dddddd of the
real property tax law, as amended by chapter 138 of the laws of 2008, is
amended to read as follows:
  (a) Application for benefits pursuant to this title may be made  imme-
diately  following the effective date of a local law enacted pursuant to
this title and continuing  until  March  first,  two  thousand  [eleven]
FIFTEEN.
  S  2.  Section  489-dddddd  of the real property tax law is amended by
adding a new subdivision 3 to read as follows:
  3. COMMENCEMENT OF WORK. (A) NO BENEFITS PURSUANT TO THIS TITLE  SHALL
BE GRANTED FOR CONSTRUCTION WORK PERFORMED PURSUANT TO A BUILDING PERMIT
ISSUED AFTER APRIL FIRST, TWO THOUSAND FIFTEEN.
  (B)  IF  NO BUILDING PERMIT WAS REQUIRED, THEN NO BENEFITS PURSUANT TO
THIS TITLE SHALL BE GRANTED FOR CONSTRUCTION WORK THAT IS NOT  COMMENCED
ON OR BEFORE APRIL FIRST, TWO THOUSAND FIFTEEN.
  S 3. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09275-01-1

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