Senate Bill S5768A

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

                                 5768--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 2, 2015
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor  --  recommitted  to
  the  Committee  on  Labor  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend the labor law, in relation to applying the prevailing
  wage laws to certain projects on  privately  owned  property;  and  to
  amend  the  real  property  tax  law, in relation to extending certain
  exemptions for new multiple dwellings

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

  Section  1.  Section  220  of the labor law is amended by adding a new
subdivision 10 to read as follows:
  10. NOTWITHSTANDING ANY LAW TO THE CONTRARY, ANY PROJECT ON  PRIVATELY
OWNED PROPERTY WHICH, IN WHOLE OR PART, (A) RECEIVES OR BENEFITS FROM AN
EXEMPTION  FROM  REAL PROPERTY TAXATION PURSUANT TO SECTION FOUR HUNDRED
TWENTY-ONE-A OF THE REAL PROPERTY TAX LAW, (B) INVOLVES MORE THAN  FIFTY
DWELLING UNITS WHERE LESS THAN FIFTY PERCENT OF THE UNITS ARE SUBJECT TO
AN  AGREEMENT  WITH A MUNICIPALITY, THE STATE, THE FEDERAL GOVERNMENT OR
ANY INSTRUMENTALITY THEREOF WHICH RESTRICTS THE OCCUPANCY OF SUCH  UNITS
TO  INDIVIDUALS  OR  FAMILIES,  AS  TENANTS  OR PURCHASERS, WITH A GROSS
HOUSEHOLD INCOME AT OR BELOW ONE HUNDRED TWENTY-FIVE PERCENT OF THE AREA
MEDIAN INCOME, AND (C) MAY INVOLVE THE EMPLOYMENT OF  LABORERS,  WORKERS
OR  MECHANICS,  SHALL BE CONSIDERED PUBLIC WORK FOR THE PURPOSES OF THIS
ARTICLE, AND ANY CONTRACTS OR SUBCONTRACTS WHICH MAY INVOLVE THE EMPLOY-
MENT OF LABORERS, WORKERS OR MECHANICS SHALL BE ENFORCEABLE  UNDER  THIS
ARTICLE.  FOR PURPOSES OF THIS SECTION, "PRIVATELY OWNED PROPERTY" SHALL
MEAN PROPERTY HELD PURSUANT TO OWNERSHIP  OR  LEASEHOLD  INTEREST  BY  A
NON-GOVERNMENTAL ENTITY.
  S 2. The opening paragraph of clause (A) of subparagraph (iv) of para-
graph  (a)  of  subdivision  2 of section 421-a of the real property tax

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11392-02-6
              

S. 5768--A                          2

law, as amended by section 63-a of part A of chapter 20 of the  laws  of
2015, is amended to read as follows:
  Unless excluded by local law, in the city of New York, the benefits of
this subparagraph shall be available in the borough of Manhattan for new
multiple  dwellings  on tax lots now existing or hereafter created south
of or adjacent to either side of one hundred tenth street that  commence
construction  after  July  first,  nineteen hundred ninety-two and on or
before December thirty-first, two thousand [fifteen] EIGHTEEN  provided,
however,  that  such a multiple dwelling receives its first temporary or
permanent certificate of occupancy covering all residential areas on  or
before December thirty-first, two thousand [nineteen] TWENTY, and solely
for  purposes  of  determining  whether this clause applies and notwith-
standing any local law to the contrary, "commence" shall mean  the  date
upon  which  excavation and construction of initial footings and founda-
tions lawfully begins in good faith or, for an eligible conversion,  the
date upon which the actual construction of the conversion, alteration or
improvement of the pre-existing building or structure lawfully begins in
good faith, only if:
  S  3.  Subparagraph  (ii) of paragraph (c) of subdivision 2 of section
421-a of the real property tax law, as amended by section 63-b of part A
of chapter 20 of the laws of 2015, is amended to read as follows:
  (ii) construction is commenced after January first,  nineteen  hundred
seventy-five  and  on  or  before  December  thirty-first,  two thousand
[fifteen] EIGHTEEN provided, however, that (A) such a multiple  dwelling
receives  its  first  temporary  or  permanent  certificate of occupancy
covering all residential areas on or before December  thirty-first,  two
thousand  [nineteen]  TWENTY,  (B)  solely  for  purposes of determining
whether this subparagraph applies and notwithstanding any local  law  to
the  contrary,  "commence" shall mean the date upon which excavation and
construction of initial footings and foundations lawfully begins in good
faith or, for an eligible conversion, the date  upon  which  the  actual
construction of the conversion, alteration or improvement of the pre-ex-
isting building or structure lawfully begins in good faith, and (C) such
commencement  period  shall not apply to multiple dwellings eligible for
benefits under subparagraph (iv) of paragraph (a) of this subdivision;
  S 4. This act shall take effect immediately.