S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5916
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 5, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities
 
 AN ACT to amend the general city law and the administrative code of  the
   city of New York, in relation to extending certain provisions relating
   to relocation and employment assistance credits

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivision (b) of section 25-z of the general  city  law,
 as amended by section 35 of part A of chapter 20 of the laws of 2015, is
 amended to read as follows:
   (b) No eligible business shall be authorized to receive a credit under
 any  local  law enacted pursuant to this article until the premises with
 respect to which it is claiming the credit meet the requirements in  the
 definition  of  eligible  premises  and  until it has obtained a certif-
 ication of eligibility from the mayor of such city or an  agency  desig-
 nated  by  such mayor, and an annual certification from such mayor or an
 agency designated by such mayor as to the number of  eligible  aggregate
 employment  shares maintained by such eligible business that may qualify
 for obtaining a tax credit for the eligible business' taxable year.  Any
 written documentation submitted to such mayor or such agency or agencies
 in  order  to  obtain  any  such certification shall be deemed a written
 instrument for purposes of section 175.00 of the penal law.  Such  local
 law  may  provide for application fees to be determined by such mayor or
 such agency or agencies. No such certification of eligibility  shall  be
 issued under any local law enacted pursuant to this article to an eligi-
 ble business on or after July first, two thousand [seventeen] TWENTY-ONE
 unless:
   (1)  prior to such date such business has purchased, leased or entered
 into a contract to purchase or lease particular premises or a parcel  on
 which  will  be constructed such premises or already owned such premises
 or parcel;

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

                                                            LBD11395-01-7

 S. 5916                             2
 
   (2) prior to such date improvements have been commenced on such  prem-
 ises  or parcel, which improvements will meet the requirements of subdi-
 vision (e) of section twenty-five-y of this article relating to expendi-
 tures for improvements;
   (3) prior to such date such business submits a preliminary application
 for a certification of eligibility to such mayor or such agency or agen-
 cies  with respect to a proposed relocation to such particular premises;
 and
   (4) such business relocates to such particular premises not later than
 thirty-six months or, in a case in which the expenditures made  for  the
 improvements  specified  in  paragraph  two  of  this subdivision are in
 excess of fifty million dollars within seventy-two months from the  date
 of submission of such preliminary application.
   §  2.  Subdivision  (b)  of  section 25-ee of the general city law, as
 amended by section 36 of part A of chapter 20 of the laws  of  2015,  is
 amended to read as follows:
   (b) No eligible business or special eligible business shall be author-
 ized  to receive a credit against tax under any local law enacted pursu-
 ant to this article until the premises  with  respect  to  which  it  is
 claiming  the credit meet the requirements in the definition of eligible
 premises and until it has obtained a certification of  eligibility  from
 the  mayor  of  such city or any agency designated by such mayor, and an
 annual certification from such mayor or an  agency  designated  by  such
 mayor  as  to  the  number of eligible aggregate employment shares main-
 tained by such eligible business or such special eligible business  that
 may  qualify for obtaining a tax credit for the eligible business' taxa-
 ble year. No special eligible business shall be authorized to receive  a
 credit  against  tax  under  the  provisions  of this article unless the
 number of relocated employee base shares calculated pursuant to subdivi-
 sion (o) of section twenty-five-dd of this article is equal to or great-
 er than the lesser of twenty-five percent of the number of New York city
 base shares calculated pursuant to subdivision (p) of such  section  and
 two hundred fifty employment shares. Any written documentation submitted
 to  such  mayor  or  such agency or agencies in order to obtain any such
 certification shall be deemed  a  written  instrument  for  purposes  of
 section 175.00 of the penal law. Such local law may provide for applica-
 tion  fees to be determined by such mayor or such agency or agencies. No
 certification of eligibility shall be issued under any local law enacted
 pursuant to this article to an eligible business on or after July first,
 two thousand [seventeen] TWENTY-ONE unless:
   (1) prior to such date such business has purchased, leased or  entered
 into  a  contract  to  purchase  or lease premises in the eligible Lower
 Manhattan area or a parcel on which will be constructed such premises;
   (2) prior to such date improvements have been commenced on such  prem-
 ises  or parcel, which improvements will meet the requirements of subdi-
 vision (e) of section twenty-five-dd of this article relating to expend-
 itures for improvements;
   (3) prior to such date such business submits a preliminary application
 for a certification of eligibility to such mayor or such agency or agen-
 cies with respect to a proposed relocation to such premises; and
   (4) such business relocates to such premises as provided  in  subdivi-
 sion  (j) of section twenty-five-dd of this article not later than thir-
 ty-six months or, in a case in  which  the  expenditures  made  for  the
 improvements  specified  in  paragraph  two  of  this subdivision are in
 excess of fifty million dollars within seventy-two months from the  date
 of submission of such preliminary application.

 S. 5916                             3
 
   §  3.  Subdivision (b) of section 22-622 of the administrative code of
 the city of New York, as amended by section 37 of part A of  chapter  20
 of the laws of 2015, is amended to read as follows:
   (b)  No  eligible  business  shall  be  authorized to receive a credit
 against tax or a reduction  in  base  rent  subject  to  tax  under  the
 provisions of this chapter, and of title eleven of the code as described
 in  subdivision  (a) of this section, until the premises with respect to
 which it is claiming the credit meet the requirements in the  definition
 of eligible premises and until it has obtained a certification of eligi-
 bility from the mayor or an agency designated by the mayor, and an annu-
 al  certification from the mayor or an agency designated by the mayor as
 to the number of eligible aggregate employment shares maintained by such
 eligible business that may qualify for obtaining a tax  credit  for  the
 eligible  business' taxable year. Any written documentation submitted to
 the mayor or such agency or agencies in order to obtain any such certif-
 ication shall be deemed a written instrument  for  purposes  of  section
 175.00  of the penal law. Application fees for such certifications shall
 be determined by the mayor or such agency or agencies. No  certification
 of  eligibility shall be issued to an eligible business on or after July
 first, two thousand [seventeen] TWENTY-ONE unless:
   (1) prior to such date such business has purchased, leased or  entered
 into  a contract to purchase or lease particular premises or a parcel on
 which will be constructed such premises or already owned  such  premises
 or parcel;
   (2)  prior to such date improvements have been commenced on such prem-
 ises or parcel which improvements will meet the requirements of subdivi-
 sion (e) of section 22-621 of this chapter relating to expenditures  for
 improvements;
   (3) prior to such date such business submits a preliminary application
 for a certification of eligibility to such mayor or such agency or agen-
 cies  with respect to a proposed relocation to such particular premises;
 and
   (4) such business relocates to such particular premises not later than
 thirty-six months or, in a case  in  which  the  expenditures  made  for
 improvements  specified  in  paragraph  two  of  this subdivision are in
 excess of fifty million dollars within seventy-two months from the  date
 of submission of such preliminary application.
   §  4.  Subdivision (b) of section 22-624 of the administrative code of
 the city of New York, as amended by section 38 of part A of  chapter  20
 of the laws of 2015, is amended to read as follows:
   (b) No eligible business or special eligible business shall be author-
 ized  to receive a credit against tax under the provisions of this chap-
 ter, and of title eleven of the code as described in subdivision (a)  of
 this  section,  until  the premises with respect to which it is claiming
 the credit meet the requirements in the definition of eligible  premises
 and  until it has obtained a certification of eligibility from the mayor
 or an agency designated by the mayor, and an annual  certification  from
 the  mayor  or  an  agency  designated  by the mayor as to the number of
 eligible aggregate employment shares maintained by such  eligible  busi-
 ness  or  special eligible business that may qualify for obtaining a tax
 credit for the eligible business'  taxable  year.  No  special  eligible
 business  shall  be authorized to receive a credit against tax under the
 provisions of this chapter and of title eleven of the  code  unless  the
 number of relocated employee base shares calculated pursuant to subdivi-
 sion  (o)  of section 22-623 of this chapter is equal to or greater than
 the lesser of twenty-five percent of the number of New  York  city  base

 S. 5916                             4
 
 shares  calculated  pursuant  to subdivision (p) of such section 22-623,
 and two hundred  fifty  employment  shares.  Any  written  documentation
 submitted to the mayor or such agency or agencies in order to obtain any
 such  certification shall be deemed a written instrument for purposes of
 section 175.00 of the penal  law.  Application  fees  for  such  certif-
 ications shall be determined by the mayor or such agency or agencies. No
 certification  of eligibility shall be issued to an eligible business on
 or after July first, two thousand [seventeen] TWENTY-ONE unless:
   (1) prior to such date such business has purchased, leased or  entered
 into  a  contract  to  purchase  or lease premises in the eligible Lower
 Manhattan area or a parcel on which will be constructed such premises;
   (2) prior to such date improvements have been commenced on such  prem-
 ises  or parcel, which improvements will meet the requirements of subdi-
 vision (e) of section 22-623 of this chapter  relating  to  expenditures
 for improvements;
   (3) prior to such date such business submits a preliminary application
 for a certification of eligibility to such mayor or such agency or agen-
 cies with respect to a proposed relocation to such premises; and
   (4) such business relocates to such premises not later than thirty-six
 months or, in a case in which the expenditures made for the improvements
 specified  in  paragraph  two of this subdivision are in excess of fifty
 million dollars within seventy-two months from the date of submission of
 such preliminary application.
   § 5. This act shall take effect immediately.