senate Bill S8023A

2017-2018 Legislative Session

Relates to extending the time to file a final application under the industrial and commercial abatement program

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Cities Committee


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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 17, 2018 print number 8023a
Apr 17, 2018 amend and recommit to cities
Mar 20, 2018 referred to cities

S8023 - Details

See Assembly Version of this Bill:
A9974
Current Committee:
Senate Cities
Law Section:
Real Property Tax Law
Laws Affected:
Amd §489-cccccc, RPT L; amd §11-270, NYC Ad Cd

S8023 - Summary

Relates to extending the time to file a final application under the industrial and commercial abatement program.

S8023 - Sponsor Memo

S8023 - Bill Text download pdf


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

                                  8023

                            I N  S E N A T E

                             March 20, 2018
                               ___________

Introduced  by  Sen.  DILAN  -- 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 extending  the  time  to  file  a
  final  application  under  the  industrial  and  commercial  abatement
  program

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

  Section 1. Legislative findings. The legislature hereby finds that the
industrial  and  commercial abatement program (ICAP) has been successful
in encouraging economic growth and development  in  areas  of  New  York
city.  ICAP  imposes a strict requirement that the final application for
ICAP benefits be filed within one year of the issuance  of  a  project's
first  building  permit. However, the ICAP legislation's strict one-year
filing requirement results in harsh outcomes  for  applicants  in  situ-
ations  where  the  New  York city department of buildings issued a stop
work order necessitating the substantial redesign of a project after the
issuance of the first building permit. In such  instances,  ICAP  appli-
cants  are  required  to redesign their projects and substantively amend
their ICAP applications without providing any extension of the one  year
final  application  filing  period.  The  strict application of the ICAP
final application deadline in such  circumstances  is  contrary  to  the
intent  of  the ICAP law and the New York city department of finance has
attempted to address these inequities in the promulgation of  new  rules
defining what constitutes the initial building permit for ICAP projects.
This  legislation  would amend the strict final application deadline for
pre-existing projects and enable affected projects to receive ICAP bene-
fits prospectively.
  § 2. Paragraph (a) of subdivision 5 of section 489-cccccc of the  real
property  tax  law is amended by adding a new subparagraph (iii) to read
as follows:
  (III) EXTENSION OF TIME TO FILE FINAL  APPLICATION.    NOTWITHSTANDING
SUBPARAGRAPH  (II)  OF  THIS  PARAGRAPH,  FOR  PROJECTS WITH PRELIMINARY
APPLICATIONS FILED PRIOR TO MAY FIRST, TWO THOUSAND TEN AND THE  INITIAL

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

S8023A (ACTIVE) - Details

See Assembly Version of this Bill:
A9974
Current Committee:
Senate Cities
Law Section:
Real Property Tax Law
Laws Affected:
Amd §489-cccccc, RPT L; amd §11-270, NYC Ad Cd

S8023A (ACTIVE) - Summary

Relates to extending the time to file a final application under the industrial and commercial abatement program.

S8023A (ACTIVE) - Sponsor Memo

S8023A (ACTIVE) - Bill Text download pdf


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

                                 8023--A

                            I N  S E N A T E

                             March 20, 2018
                               ___________

Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Cities  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the real property tax law and the administrative code of
  the  city  of  New  York,  in relation to extending the time to file a
  final  application  under  the  industrial  and  commercial  abatement
  program

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

  Section 1. Legislative findings. The legislature hereby finds that the
industrial and commercial abatement program (ICAP) has  been  successful
in  encouraging  economic  growth  and  development in areas of New York
city. ICAP imposes a strict requirement that the final  application  for
ICAP  benefits  be  filed within one year of the issuance of a project's
first building permit. However, the ICAP legislation's  strict  one-year
filing  requirement  results  in  harsh outcomes for applicants in situ-
ations where the New York city department of  buildings  issued  a  stop
work order necessitating the substantial redesign of a project after the
issuance  of  the  first building permit. In such instances, ICAP appli-
cants are required to redesign their projects  and  substantively  amend
their  ICAP applications without providing any extension of the one year
final application filing period. The  strict  application  of  the  ICAP
final  application  deadline  in  such  circumstances is contrary to the
intent of the ICAP law and the New York city department of  finance  has
attempted  to  address these inequities in the promulgation of new rules
defining what constitutes the initial building permit for ICAP projects.
This legislation would amend the strict final application  deadline  for
pre-existing projects and enable affected projects to receive ICAP bene-
fits prospectively.
  §  2. Paragraph (a) of subdivision 5 of section 489-cccccc of the real
property tax law is amended by adding a new subparagraph (iii)  to  read
as follows:

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

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