§ 489-gggggg. Temporary commercial incentive area boundary commission;
designation of special commercial abatement areas; excluded and
renovation areas. 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 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 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
or her services one hundred dollars per diem, or another reasonable
amount as determined by the deputy mayor 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 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.

2. Designation of special commercial abatement areas. (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 legislative 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.

(b) In years when special commercial abatement areas are to be
designated, no later than October first, the commission shall provide
public notice of such designation by publishing a notice at least once
in a newspaper of general circulation setting forth the proposed
boundaries. Notice may also be provided electronically or in an
electronic medium, such as a website, in a manner the commission
determines to be appropriate. Notice must be provided not earlier than
five nor later than fifteen days before the date of the commission's
public hearing to hear all persons interested in the designation of the
areas. A copy of the notice shall be forwarded to the local legislative
body and each community board of the city.

(c) The commission shall make such designation, and notify the local
legislative body of such designation, not later than November first of
each year when special commercial abatement areas are to be designated.

(d) Within thirty days after the first stated meeting of the local
legislative body following the receipt of notice of such designation,
the local legislative body may, by majority vote, disapprove such
designation. If, within such thirty-day period, the local legislative
body fails to act or fails to act by the required vote, the local
legislative body shall be deemed to have approved such designation. Such
designation shall take effect on the first taxable status date after the
local legislative body approves such designation and shall remain in
effect until the first taxable status date after the local legislative
body approves such new designation.

(e) In the city of New York, the commission may designate any area
other than the area lying south of the center line of 96th Street in the
borough of Manhattan, to be a special commercial abatement area if it
determines that market conditions in the area are such that the
availability of a special abatement is required in order to encourage
commercial construction work in such area. In making such determination,
the commission shall consider, among other factors, the existence in
such area of a special need for commercial and job development, high
unemployment, economic distress or unusually large numbers of vacant,
underutilized, unsuitable or substandard structures, or other
substandard, unsanitary, deteriorated or deteriorating conditions, with
or without tangible blight.

(f) If the commission fails to meet in two thousand fifteen, all new
applications for special commercial abatement area benefits postmarked
after December thirty-first, two thousand fifteen shall be deemed
applications for regular area benefits.

3. Renovation areas. In the city of New York, the following areas of
Manhattan shall be designated as renovation areas. Except as provided in
paragraph (f) of subdivision three of section four hundred
eighty-nine-bbbbbb of this title, new commercial construction in a
renovation area shall not be eligible for abatement benefits. Renovation
areas shall be limited to:

(a) the area in the borough of Manhattan bounded by Murray Street on
the north starting at the intersection of West Street and Murray Street;
running easterly along the center line of Murray Street; connecting
through City Hall Park with the center line of Frankfort Street and
running easterly along the center line of Frankfort and Dover Streets to
the intersection of Dover Street and South Street; running southerly
along the center line of South Street to Peter Minuit Plaza; connecting
through Peter Minuit Plaza to the center line of State Street and
running northwesterly along the center line of State Street to the
intersection of State Street and Battery Place; running westerly along
the center line of Battery Place to the intersection of Battery Place
and West Street; and running northerly along the center line of West
Street to the intersection of West Street and Murray Street;

(b) the area in the borough of Manhattan defined as the special
garment center district by chapter one of article XII of the zoning
resolution of the city of New York; and

(c) the area in the borough of Manhattan south of the center line of
59th street, other than the areas designated renovation areas by
paragraphs (a) and (b) of this subdivision.

4. Commercial exclusion area. Except as provided in paragraph (f) of
subdivision three of section four hundred eighty-nine-bbbbbb of this
title, any area in the borough of Manhattan lying south of the center
line of 96th Street, other than the areas designated renovation areas by
subdivision three of this section, shall be a commercial exclusion area.
Commercial construction projects in the commercial exclusion area shall
not be eligible to receive tax abatements pursuant to this title.

5. Eligible industrial construction projects may receive tax
abatements pursuant to paragraphs (b) and (e) of subdivision three of
section four hundred eighty-nine-bbbbbb of this title in any area of the
city of New York.