Extends, from March 1, 2011 to March 1, 2015, the deadline for applications for tax abatements for industrial and commercial construction work in cities having a population of 1 million or more; provides that no such abatement shall be granted unless a building permit is granted or construction commences on or before April 1, 2015.
Sponsor: LANZA / Co-sponsor(s): AVELLA, GOLDEN / Committee: CITIES
Law Section: Real Property Tax Law / Law: Amd S489-dddddd, RPT L
Sponsor: LANZA / Co-sponsor(s): AVELLA, GOLDEN / Committee: CITIES
Law Section: Real Property Tax Law / Law: Amd S489-dddddd, RPT L
S3090-2011 Actions
- Jan 4, 2012: REFERRED TO CITIES
- Jan 4, 2012: returned to senate
- Jan 4, 2012: died in assembly
- Mar 2, 2011: referred to ways and means
- Mar 1, 2011: DELIVERED TO ASSEMBLY
- Mar 1, 2011: PASSED SENATE
- Feb 28, 2011: ADVANCED TO THIRD READING
- Feb 15, 2011: 2ND REPORT CAL.
- Feb 14, 2011: 1ST REPORT CAL.95
- Feb 8, 2011: REFERRED TO CITIES
S3090-2011 Meetings
Cities: Feb 14, 2011S3090-2011 Calendars
Active List: Mar 1, 2011 , Floor Calendar: Feb 15, 2011 , Floor Calendar: Feb 28, 2011 , Floor Calendar: Mar 1, 2011S3090-2011 Votes
VOTE: COMMITTEE VOTE:
- Cities
- Feb 14, 2011
Ayes (6): Lanza, Golden, Grisanti, Robach, Avella, Oppenheimer
VOTE: FLOOR VOTE:
- Mar 1, 2011
Ayes (52): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Kennedy, Klein, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Oppenheimer, Peralta, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (8): Hassell-Thomps, Huntley, Krueger, Montgomery, Parker, Perkins, Rivera, Serrano
Excused (2): Duane, Johnson
S3090-2011 Memo
BILL NUMBER:S3090
TITLE OF BILL:
An act
to amend the real property tax law, in relation to applications for tax
abatements for industrial and commercial construction work on properties
in a city of one million or more persons
SUMMARY OF PROVISIONS:
Bill section one amends paragraph (a) of subdivision 1 of section
489-dddddd of the Real Property Tax Law to extend the sunset date of
the Industrial and Commercial Abatement Program ("ICAP") from March
1, 2011 to March 1, 2015.
Section 2 of this bill adds a new subdivision 3 to section 489-dddddd
to provide that no benefits will be granted for construction work
unless the first building permit was issued on or before April 1,
2015, or, if no permit was required, unless construction commences on
or before April 1, 2015.
REASONS FOR SUPPORT:
ICAP was enacted by Chapter 119 of the Laws of 2008 to replace the
Industrial and Commercial Incentive Program ("ICIP") to create
significant new economic activity at the lowest possible cost. This
bill will extend ICAP for an additional four years. The bill also
closes a loophole in the law that appeared to allow for indefinite
eligibility once an application was filed and approved, in that the
law did not include a deadline for obtaining a first building permit.
As the law presently reads, if a preliminary application for benefits
was timely filed, an applicant would be able to delay construction
indefinitely. This bill will add a provision to require timely
commencement of the project.
Accordingly, the Mayor urges the earliest possible favorable
consideration of this proposal by the Legislature.
EFFECTIVE DATE:
Immediately.
S3090-2011 Text
S T A T E O F N E W Y O R K
3090 2011-2012 Regular Sessions I N SENATE February 8, 2011
Introduced by Sens. LANZA, GOLDEN -- 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, in relation to applications for tax abatements for industrial and commercial construction work on properties in a city of one million or more persons
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 1 of section 489-dddddd of the real property tax law, as amended by chapter 138 of the laws of 2008, is amended to read as follows:
(a) Application for benefits pursuant to this title may be made imme diately following the effective date of a local law enacted pursuant to this title and continuing until March first, two thousand [eleven] FIFTEEN.
S 2.
Section 489-dddddd of the real property tax law is amended by adding a new subdivision 3 to read as follows:
3. COMMENCEMENT OF WORK. (A) NO BENEFITS PURSUANT TO THIS TITLE SHALL BE GRANTED FOR CONSTRUCTION WORK PERFORMED PURSUANT TO A BUILDING PERMIT ISSUED AFTER APRIL FIRST, TWO THOUSAND FIFTEEN. (B) IF NO BUILDING PERMIT WAS REQUIRED, THEN NO BENEFITS PURSUANT TO THIS TITLE SHALL BE GRANTED FOR CONSTRUCTION WORK THAT IS NOT COMMENCED ON OR BEFORE APRIL FIRST, TWO THOUSAND FIFTEEN.
S 3. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09275-01-1

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