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

                                  5088

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 30, 2015
                               ___________

Introduced  by  Sen.  GOLDEN  -- (at request of the NYC Finance) -- 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 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

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

S. 5088                             2

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 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-

S. 5088                             3

sation  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 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.