Bill S6689A-2013

Relates to a property investment exemption in certain villages

Relates to a property investment exemption in certain villages.

Details

Actions

  • Jun 20, 2014: COMMITTED TO RULES
  • May 5, 2014: ADVANCED TO THIRD READING
  • Apr 30, 2014: 2ND REPORT CAL.
  • Apr 29, 2014: 1ST REPORT CAL.447
  • Mar 20, 2014: PRINT NUMBER 6689A
  • Mar 20, 2014: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • Feb 27, 2014: REFERRED TO LOCAL GOVERNMENT

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Local Government - Apr 29, 2014
Ayes (7): Martins, Boyle, Ritchie, Valesky, Gipson, Latimer, O'Brien
Ayes W/R (2): Ball, Marchione

Memo

BILL NUMBER:S6689A

TITLE OF BILL: An act to amend the real property tax law, in relation to a property investment exemption in certain villages

PURPOSE: The measure is intended to authorize the Wappingers Village in New York State to grant a property investment exemption for the purpose of promoting re-development of vacant and blighted properties for commercial, residential and mix-used.

SUMMARY OF PROVISIONS:

Section 1 adds a new section 485-q to the real property tax law that would allow villages with a population of not less than 5,000 and not more than 6,000 in counties with a population of not less than 290,000 and not more than 300,000 to grant a property investment exemption to real property that was constructed, altered, installed, or improved subsequent to July 1, 2013 for the purpose multi-family residential, mixed use, commercial, business or industrial activity. These properties would be exempt from taxation and special ad valorem levies, except for special ad valorem levies for fire district, fire protection district and fire alarm district purposes as provided in this section.

Such real property would be exempt for a period of one year to the extent of 60% of the increase in assessed value attributable to such construction, alteration, installation or improvement and for a period of 9 years where the percentage of the exemption would decrease by no less than 5% each year during the additional period of 9 years. Exemption shall be computed with respect to the "exemption base." Exemption base shall be increase in assessed value as determined in initial year of such ten year period following the filing of original application.

Cost of such construction, alteration, installation or improvement must exceed the sum of $10,000 or such greater amount as may be specified in local law or resolution. Does not include ordinary maintenance or repairs.

No such exemption shall be granted concurrently with or subsequent to any other real property tax exemption granted to the same improvement, except where during period of previous exemption, payments in lieu of taxes or other payments were made to the local government in an amount that would have been equal to or greater than the amount of real property taxes that would have been paid on such improvements in relation to this proposed section.

Such exemption shall only be granted upon application by the owner of such real property on a form prescribed by the state board. Application must be filed with appropriate local assessor or Treasurer. Assessor or Treasurer can approve the application for tax exemption.

Provides definitions for mixed use property.

Allows municipalities to raise or reduce percentage of exemption; provided, however, that a project in course of construction and that has existing exemptions prior to passage of any local law or resolution changing exemption, shall not be subject any such reduction.

Allows municipalities to establish by resolution a date for the commencement of effectiveness of exemptions.

Allows municipalities to establish an Industrial and Commercial Incentive Board that would be responsible for coordinating local plan for business real property and making recommendations concerning how to use tax exemptions. Outlines structure and responsibilities of the Industrial and Commercial Incentive Board.

Section 2 sets an immediate effective date

JUSTIFICATION: New York State has a variety of tax exemptions meant to give municipalities the ability to grant real property tax exemptions for multi-family residential, mixed use, commercial, business or industrial purposes. There are many areas of real property tax law that currently allow cities, towns, and villages to provide real property tax exemptions. Section 421-c exempts certain new multiple dwellings from local taxation in relation to affordable housing in cities, towns, and villages of less than 1 million. Section 421-f provides an exemption of capital improvements to residential buildings. Section 488-a allows for the rehabilitation of certain class B multiple dwellings and class A multiple dwellings used for single room occupancy and Section 489 allows for an exemption from taxation of alterations and improvements to multiple dwellings to eliminate fire and health hazards.

New York State has recognized that appropriate tax exemptions offer municipalities the flexibility to allow local property owners opportunity to improve the quality of their property and community without having the anxiety of being punished with higher property taxes in the short-term. With high property taxes, it is vital that New York State continues to empower municipalities to take positive steps to create jobs, grow their economies, and improve their tax base.

This new section 485-q adds to over a dozen other Real Property Tax Exemptions that currently allow municipalities in New York State these types of incentives to property owners. It specifically recognizes that more villages in New York State should be able to take control of their economic future by creating effective public-private partnerships that build new businesses and create more economic opportunity for their residents. This legislation is in line with this principle.

LEGISLATIVE HISTORY: This is a new bill

LOCAL FISCAL IMPLICATIONS: Allows local municipalities to offer tax exemptions which would exempt only the increased value in assessment related to improvements. Has no impact on current revenues. Would likely

raise other forms of local and state revenue related to increased economic activity.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6689--A IN SENATE February 27, 2014 ___________
Introduced by Sen. GIPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the real property tax law, in relation to a property investment exemption in certain villages THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The real property tax law is amended by adding a new section 485-q to read as follows: S 485-Q. PROPERTY INVESTMENT EXEMPTION; CERTAIN VILLAGES. 1. REAL PROPERTY CONSTRUCTED, ALTERED, INSTALLED OR IMPROVED SUBSEQUENT TO THE FIRST DAY OF JULY, TWO THOUSAND THIRTEEN FOR THE PURPOSE OF MULTI-FAMILY RESIDENTIAL, MIXED USE, COMMERCIAL, BUSINESS OR INDUSTRIAL ACTIVITY IN VILLAGES WITH A POPULATION OF NOT LESS THAN FIVE THOUSAND AND NOT MORE THAN SIX THOUSAND IN COUNTIES WITH A POPULATION OF NOT LESS THAN TWO HUNDRED NINETY THOUSAND AND NOT MORE THAN THREE HUNDRED FIVE THOUSAND MAY BE EXEMPT FROM TAXATION AND SPECIAL AD VALOREM LEVIES, EXCEPT FOR SPECIAL AD VALOREM LEVIES FOR FIRE DISTRICT, FIRE PROTECTION DISTRICT AND FIRE ALARM DISTRICT PURPOSES AS PROVIDED IN THIS SECTION. 2. (A) (I) SUCH REAL PROPERTY SHALL BE EXEMPT FOR A PERIOD OF ONE YEAR TO THE EXTENT OF SIXTY PER CENTUM OF THE INCREASE IN ASSESSED VALUE THEREOF ATTRIBUTABLE TO SUCH CONSTRUCTION, ALTERATION, INSTALLATION OR IMPROVEMENT AND FOR AN ADDITIONAL PERIOD OF NINE YEARS PROVIDED, HOWEV- ER, THAT THE EXTENT OF SUCH EXEMPTION SHALL BE DECREASED BY NO LESS THAN FIVE PER CENTUM EACH YEAR DURING SUCH ADDITIONAL PERIOD OF NINE YEARS AND SUCH EXEMPTION SHALL BE COMPUTED WITH RESPECT TO THE "EXEMPTION BASE." THE EXEMPTION BASE SHALL BE THE INCREASE IN ASSESSED VALUE AS DETERMINED IN THE INITIAL YEAR OF SUCH TEN YEAR PERIOD FOLLOWING THE FILING OF AN ORIGINAL APPLICATION, EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH. (II) IN ANY YEAR IN WHICH A CHANGE IN LEVEL OF ASSESSMENT OF FIFTEEN PERCENT OR MORE IS CERTIFIED FOR A FINAL ASSESSMENT ROLL PURSUANT TO THE RULES OF THE STATE BOARD, THE EXEMPTION BASE SHALL BE MULTIPLIED BY A
FRACTION, THE NUMERATOR OF WHICH SHALL BE THE TOTAL ASSESSED VALUE OF THE PARCEL ON SUCH FINAL ASSESSMENT ROLL (AFTER ACCOUNTING FOR ANY PHYS- ICAL OR QUANTITY CHANGES TO THE PARCEL SINCE THE IMMEDIATELY PRECEDING ASSESSMENT ROLL), AND THE DENOMINATOR OF WHICH SHALL BE THE TOTAL ASSESSED VALUE OF THE PARCEL ON THE IMMEDIATELY PRECEDING FINAL ASSESS- MENT ROLL. THE RESULT SHALL BE THE NEW EXEMPTION BASE. THE EXEMPTION SHALL THEREUPON BE RECOMPUTED TO TAKE INTO ACCOUNT THE NEW EXEMPTION BASE, NOTWITHSTANDING THE FACT THAT THE ASSESSOR OR TREASURER RECEIVES THE CERTIFICATION OF THE CHANGE IN LEVEL OF ASSESSMENT AFTER THE COMPLETION, VERIFICATION AND FILING OF THE FINAL ASSESSMENT ROLL. IN THE EVENT THE ASSESSOR OR TREASURER DOES NOT HAVE CUSTODY OF THE ROLL WHEN SUCH CERTIFICATION IS RECEIVED, THE ASSESSOR OR TREASURER SHALL CERTIFY THE RECOMPUTED EXEMPTION TO THE LOCAL OFFICERS HAVING CUSTODY AND CONTROL OF THE ROLL, AND SUCH LOCAL OFFICERS ARE HEREBY DIRECTED AND AUTHORIZED TO ENTER THE RECOMPUTED EXEMPTION CERTIFIED BY THE ASSESSOR OR TREASURER ON THE ROLL. THE ASSESSOR OR TREASURER SHALL GIVE WRITTEN NOTICE OF SUCH RECOMPUTED EXEMPTION TO THE PROPERTY OWNER, WHO MAY, IF HE OR SHE BELIEVES THAT THE EXEMPTION WAS RECOMPUTED INCORRECTLY, APPLY FOR A CORRECTION IN THE MANNER PROVIDED BY TITLE THREE OF ARTICLE FIVE OF THIS CHAPTER FOR THE CORRECTION OF CLERICAL ERRORS. (III) THE FOLLOWING TABLE SHALL ILLUSTRATE THE COMPUTATION OF THE TAX EXEMPTION: YEAR OF EXEMPTION PERCENTAGE OF EXEMPTION TO BE NO MORE THAN: 1 60 2 55 3 50 4 45 5 40 6 35 7 30 8 25 9 20 10 15 (B) NO SUCH EXEMPTION SHALL BE GRANTED UNLESS: (1) SUCH CONSTRUCTION, ALTERATION, INSTALLATION OR IMPROVEMENT WAS COMMENCED SUBSEQUENT TO THE FIRST DAY OF JULY, TWO THOUSAND THIRTEEN OR SUCH LATER DATE AS MAY BE SPECIFIED BY LOCAL LAW OR RESOLUTION; (2) THE COST OF SUCH CONSTRUCTION, ALTERATION, INSTALLATION OR IMPROVEMENT EXCEEDS THE SUM OF TEN THOUSAND DOLLARS OR SUCH GREATER AMOUNT AS MAY BE SPECIFIED BY LOCAL LAW OR RESOLUTION; AND (3) SUCH CONSTRUCTION, ALTERATION, INSTALLATION OR IMPROVEMENT IS COMPLETED AS MAY BE EVIDENCED BY A CERTIFICATE OF OCCUPANCY OR OTHER APPROPRIATE DOCUMENTATION AS PROVIDED BY THE OWNER. (C) FOR PURPOSES OF THIS SECTION THE TERMS CONSTRUCTION, ALTERATION, INSTALLATION AND IMPROVEMENT SHALL NOT INCLUDE ORDINARY MAINTENANCE AND REPAIRS. (D) NO SUCH EXEMPTION SHALL BE GRANTED CONCURRENT WITH OR SUBSEQUENT TO ANY OTHER REAL PROPERTY TAX EXEMPTION GRANTED TO THE SAME IMPROVE- MENTS TO REAL PROPERTY, EXCEPT, WHERE DURING THE PERIOD OF SUCH PREVIOUS EXEMPTION, PAYMENTS IN LIEU OF TAXES OR OTHER PAYMENTS WERE MADE TO THE LOCAL GOVERNMENT IN AN AMOUNT THAT WOULD HAVE BEEN EQUAL TO OR GREATER THAN THE AMOUNT OF REAL PROPERTY TAXES THAT WOULD HAVE BEEN PAID ON SUCH IMPROVEMENTS HAD SUCH PROPERTY BEEN GRANTED AN EXEMPTION PURSUANT TO THIS SECTION. IN SUCH CASE, AN EXEMPTION SHALL BE GRANTED FOR A NUMBER OF YEARS EQUAL TO THE TEN YEAR EXEMPTION GRANTED PURSUANT TO THIS
SECTION LESS THE NUMBER OF YEARS THE PROPERTY WOULD HAVE BEEN PREVIOUSLY EXEMPT FROM REAL PROPERTY TAXES. 3. SUCH EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY THE OWNER OF SUCH REAL PROPERTY ON A FORM PRESCRIBED BY THE STATE BOARD. SUCH APPLICATION SHALL BE FILED WITH THE ASSESSOR OR TREASURER OF THE CITY, TOWN, VILLAGE, OR COUNTY HAVING THE POWER TO ASSESS PROPERTY FOR TAXA- TION ON OR BEFORE THE APPROPRIATE TAXABLE STATUS DATE OF SUCH CITY, TOWN, VILLAGE OR COUNTY AND WITHIN ONE YEAR FROM THE DATE OF COMPLETION OF SUCH CONSTRUCTION, ALTERATION, INSTALLATION OR IMPROVEMENT. 4. IF THE ASSESSOR OR TREASURER IS SATISFIED THAT THE APPLICANT IS ENTITLED TO AN EXEMPTION PURSUANT TO THIS SECTION, HE OR SHE SHALL APPROVE THE APPLICATION AND SUCH REAL PROPERTY SHALL THEREAFTER BE EXEMPT FROM TAXATION AND SPECIAL AD VALOREM LEVIES, EXCEPT FOR SPECIAL AD VALOREM LEVIES FOR FIRE DISTRICT, FIRE PROTECTION DISTRICT AND FIRE ALARM DISTRICT PURPOSES, AS HEREIN PROVIDED COMMENCING WITH THE ASSESS- MENT ROLL PREPARED AFTER THE TAXABLE STATUS DATE REFERRED TO IN SUBDIVI- SION THREE OF THIS SECTION. THE ASSESSED VALUE OF ANY EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL BE ENTERED BY THE ASSESSOR OR TREASURER ON THE ASSESSMENT ROLL WITH THE TAXABLE PROPERTY, WITH THE AMOUNT OF THE EXEMPTION SHOWN IN A SEPARATE COLUMN. 5. THE PROVISIONS OF THIS SECTION SHALL APPLY TO MIXED USE PROPERTY WHERE THE FOLLOWING IS POSSIBLE: (A) REAL PROPERTY USED PRIMARILY FOR THE BUYING, SELLING, STORING OR DEVELOPING GOODS OR SERVICES, THE MANU- FACTURE OR ASSEMBLY OF GOODS OR THE PROCESSING OF RAW MATERIALS; AND (B) REAL PROPERTY USED PRIMARILY FOR THE FURNISHING OF DWELLING SPACE OR ACCOMMODATIONS TO EITHER RESIDENTS OR TRANSIENTS OTHER THAN HOTELS OR MOTELS. 6. IN THE EVENT THAT REAL PROPERTY GRANTED AN EXEMPTION PURSUANT TO THIS SECTION CEASES TO BE USED PRIMARILY FOR ELIGIBLE PURPOSES, THE EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL CEASE. 7. A COUNTY, CITY, TOWN OR VILLAGE MAY, BY LOCAL LAW, AND A SCHOOL DISTRICT, EXCEPT A CITY SCHOOL DISTRICT TO WHICH ARTICLE FIFTY-TWO OF THE EDUCATION LAW APPLIES, MAY, BY RESOLUTION, REDUCE THE PER CENTUM OF EXEMPTION OTHERWISE ALLOWED PURSUANT TO THIS SECTION; PROVIDED, HOWEVER, THAT A PROJECT IN COURSE OF CONSTRUCTION AND EXEMPTIONS EXISTING PRIOR IN TIME TO PASSAGE OF ANY SUCH LOCAL LAW OR RESOLUTION SHALL NOT BE SUBJECT TO ANY SUCH REDUCTION SO EFFECTED. ANY COUNTY, CITY, TOWN, VILLAGE OR SCHOOL DISTRICT THAT HAS REDUCED THE PER CENTUM OF EXEMPTION PURSUANT TO THIS SUBDIVISION MAY THEREAFTER, BY LOCAL LAW OR RESOLUTION AS THE CASE MAY BE, INCREASE THE PER CENTUM OF EXEMPTION UP TO ANY PER CENTUM NOT EXCEEDING THE MAXIMUM ALLOWED BY SUBDIVISION TWO OR TWELVE OF THIS SECTION, WHICHEVER IS APPLICABLE, PROVIDED, HOWEVER, THAT ANY SUCH LOCAL LAW OR RESOLUTION SHALL APPLY ONLY TO CONSTRUCTION, ALTERATIONS, INSTALLATIONS, OR IMPROVEMENTS COMMENCED SUBSEQUENT TO THE EFFECTIVE DATE OF SUCH LOCAL LAW OR RESOLUTION. A COPY OF ALL SUCH LOCAL LAWS OR RESOLUTIONS SHALL BE FILED WITH THE STATE BOARD AND THE ASSESSOR OR TREASURER OF EACH ASSESSING UNIT WHICH COMPRISES THE COUNTY, CITY, TOWN OR SCHOOL DISTRICT OR, IN THE CASE OF A VILLAGE, THE VILLAGE ASSESSOR OR TREASURER, OR THE APPLICABLE TOWN OR COUNTY ASSESSOR OR TREASURER OF A VILLAGE WHICH HAS ADOPTED A LOCAL LAW PROVIDED IN SUBDIVISION THREE OF SECTION FOURTEEN HUNDRED TWO OF THIS CHAPTER. 8. A COUNTY, CITY, TOWN OR VILLAGE MAY, BY LOCAL LAW, AND A SCHOOL DISTRICT, EXCEPT A CITY SCHOOL DISTRICT TO WHICH ARTICLE FIFTY-TWO OF THE EDUCATION LAW APPLIES MAY, BY RESOLUTION, ESTABLISH A DATE FOR THE COMMENCEMENT OF EFFECTIVENESS OF EXEMPTIONS OFFERED PURSUANT TO THIS SECTION AND MAY PROVIDE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY
ONLY TO CONSTRUCTION, ALTERATION, INSTALLATION OR IMPROVEMENTS HAVING A GREATER VALUE THAN THAT SPECIFIED BY SUBDIVISION TWO OF THIS SECTION. 9. (A) A COUNTY, CITY OUTSIDE THE CITY OF NEW YORK, TOWN OR VILLAGE MAY, BY LOCAL LAW, AND A SCHOOL DISTRICT WHICH LEVIES SCHOOL TAXES MAY, BY RESOLUTION, ESTABLISH A BOARD TO BE KNOWN AS THE INDUSTRIAL AND COMMERCIAL INCENTIVE BOARD. THE MEMBERSHIP AND COMPOSITION OF SUCH BOARD SHALL BE SET FORTH IN THE LOCAL LAW OR RESOLUTION. (B) THE INDUSTRIAL AND COMMERCIAL INCENTIVE BOARD SHALL PRESENT A PLAN TO THE APPOINTING LOCAL LEGISLATIVE BODY CONCERNING THE VARIOUS TYPES OF BUSINESS, MULTI-FAMILY OR MIXED USE RESIDENTIAL CONSTRUCTION REAL PROP- ERTY WHICH SHOULD BE GRANTED ELIGIBILITY FOR AN EXEMPTION PURSUANT TO SUBDIVISION ONE OF THIS SECTION. SUCH PLAN SHALL MAKE RECOMMENDATIONS CONCERNING THE APPLICABILITY OF THE EXEMPTION TO SPECIFIC SECTORS AND SUBSECTORS, AS DEFINED IN THE NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM PUBLISHED BY THE UNITED STATES GOVERNMENT. SUCH PLAN SHALL ALSO MAKE A RECOMMENDATION AS TO WHETHER THE EXEMPTION BE COMPUTED AS PROVIDED IN SUBDIVISION TWO OR TWELVE OF THIS SECTION. IN ADDITION, SUCH PLAN SHALL IDENTIFY SPECIFIC GEOGRAPHIC AREAS WITHIN WHICH SUCH EXEMPTIONS SHOULD BE OFFERED. IN DEVELOPING THE PLAN REQUIRED BY THIS PARAGRAPH, THE BOARD SHALL CONSIDER THE PLANNING OBJECTIVES OF EACH MUNICIPALITY WITHIN WHICH SUCH EXEMPTIONS MAY BE OFFERED, THE NECESSITY OF THE EXEMPTION TO THE ATTRACTION OR RETENTION OF SUCH BUSINESS AND THE ECONOMIC BENEFIT TO THE AREA OF PROVIDING EXEMPTIONS TO VARIOUS TYPES OF BUSINESSES. (C) IN ADDITION, THE BOARD MAY MAKE RECOMMENDATIONS TO THE APPOINTING LOCAL LEGISLATIVE BODY WITH RESPECT TO ACTIONS IT DEEMS DESIRABLE TO IMPROVE THE ECONOMIC CLIMATE THEREIN. (D) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI- SION, WHERE A COUNTY ESTABLISHES AN INDUSTRIAL AND COMMERCIAL INCENTIVE BOARD, THE MEMBERS OF SUCH BOARD SHALL BE APPOINTED AS FOLLOWS: THREE REPRESENTATIVES OF THE COUNTY: THE APPOINTMENT OF ONE SHALL BE RESERVED TO THE COUNTY EXECUTIVE OF THE COUNTY WHO SHALL SERVE AS CHAIR, AND ONE EACH FOR THE MAJORITY AND THE MINORITY PARTIES OF THE COUNTY LEGISLATIVE BODY; ONE REPRESENTATIVE FOR EACH CITY LOCATED WITHIN THE COUNTY UPON THE RECOMMENDATION OF THE MAYOR; ONE REPRESENTATIVE FOR EACH OF THE TOWNS LOCATED WITHIN THE COUNTY UPON THE RECOMMENDATION OF THE SUPERVI- SOR; ONE REPRESENTATIVE TO COLLECTIVELY REPRESENT ALL OF THE VILLAGES LOCATED WITHIN THE COUNTY UPON THE RECOMMENDATION OF THE MAYORS OF THE VILLAGES IN THE COUNTY; AND ONE REPRESENTATIVE TO COLLECTIVELY REPRESENT ALL OF THE SCHOOL DISTRICTS LOCATED WITHIN THE COUNTY UPON RECOMMENDA- TION OF THE COUNTY SCHOOL BOARDS ASSOCIATION. THE MEMBERS OF SUCH BOARD SHALL SERVE AT THE PLEASURE OF THE GOVERNING BODY WHICH THEY REPRESENT. THE MEMBERS SHALL SERVE WITHOUT SALARY, BUT THE COUNTY LEGISLATIVE BODY MAY ENTITLE EACH SUCH MEMBER TO REIMBURSEMENT FOR HIS OR HER ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF HIS OR HER DUTIES. 10. WHERE A COUNTY, CITY, TOWN, VILLAGE OR SCHOOL DISTRICT HAS ESTAB- LISHED AN INDUSTRIAL AND COMMERCIAL INCENTIVE BOARD, PURSUANT TO SUBDI- VISION NINE OF THIS SECTION, SUCH COUNTY, CITY, TOWN OR VILLAGE MAY, BY LOCAL LAW, AND A SCHOOL DISTRICT, EXCEPT A CITY SCHOOL DISTRICT TO WHICH ARTICLE FIFTY-TWO OF THE EDUCATION LAW APPLIES, MAY, BY RESOLUTION, RESTRICT REAL PROPERTY ELIGIBLE TO RECEIVE THE EXEMPTION TO REAL PROPER- TY CONSTRUCTED, ALTERED, INSTALLED OR IMPROVED FOR THOSE PURPOSES IDEN- TIFIED IN THE PLAN PRESENTED BY THE BOARD. SUCH LAW OR RESOLUTION SHALL IDENTIFY THE SPECIFIC SECTORS AND SUBSECTORS, AS DEFINED IN THE NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM PUBLISHED BY THE UNITED STATES GOVERNMENT TO WHICH THE EXEMPTION SHALL BE APPLICABLE. SUCH LAW OR
RESOLUTION SHALL ALSO RESTRICT THE AVAILABILITY OF SUCH EXEMPTION TO THE SPECIFIC GEOGRAPHIC AREAS IDENTIFIED IN THE PLAN PRESENTED BY THE BOARD. 11. WHERE A COUNTY, BY LAW, RESTRICTS EXEMPTIONS PURSUANT TO THE RECOMMENDATIONS OF AN INDUSTRIAL AND COMMERCIAL INCENTIVE BOARD, ESTAB- LISHED PURSUANT TO SUBDIVISION NINE OF THIS SECTION, SUCH RESTRICTED EXEMPTIONS SHALL BE APPLICABLE TO TAXES AND SPECIAL AD VALOREM LEVIES OF EACH CITY, TOWN, VILLAGE AND SCHOOL DISTRICT LOCATED WITHIN THE AREA WITHIN WHICH THE RESTRICTED EXEMPTIONS ARE OFFERED BY THE COUNTY, UNLESS SUCH CITY, TOWN OR VILLAGE SHALL, BY LAW, OR SUCH SCHOOL DISTRICT, SHALL, BY RESOLUTION, DETERMINE THAT SUCH RESTRICTED EXEMPTIONS SHALL NOT BE APPLICABLE TO ITS TAX AND AD VALOREM LEVIES. UPON ADOPTION OF SUCH LAW, THE COUNTY SHALL NOTIFY EACH AFFECTED CITY, TOWN, VILLAGE AND SCHOOL DISTRICT OF ITS ACTIONS AND INFORM THEM OF THEIR OPTIONS REGARD- ING SUCH RESTRICTED EXEMPTIONS. 12. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, WHERE A COUNTY, CITY, TOWN, VILLAGE OR SCHOOL DISTRICT ADOPTS RESTRICTED EXEMPTIONS PURSUANT TO SUBDIVISION TEN OF THIS SECTION, THE LAW OR RESOLUTION MAY PROVIDE THAT SUCH EXEMPTIONS SHALL BE COMPUTED PURSUANT TO THE FOLLOWING ACCELERATED STRATEGIC EXEMPTION SCHEDULE: YEAR OF EXEMPTION PERCENTAGE OF EXEMPTION TO BE NO MORE THAN: 1 60 2 60 3 60 4 50 5 50 6 45 7 40 8 35 9 25 10 15 PROVIDED HOWEVER, THAT SUCH LAW OR RESOLUTION SHALL: (I) CONTAIN FINDINGS THAT THE ADOPTION OF THIS ACCELERATED STRATEGIC EXEMPTION SCHEDULE IS NECESSARY TO ENCOURAGE TARGETED ECONOMIC DEVELOP- MENT, CREATE OR RETAIN PERMANENT PRIVATE SECTOR JOBS, AND THAT THE VALUE OF THE EXEMPTIONS TO BE PROVIDED IS JUSTIFIED BY THE NEED TO PROVIDE EMPLOYMENT OPPORTUNITIES AND BROADEN THE TAX BASE; AND (II) LIMIT THE APPLICABILITY OF SUCH SCHEDULE TO PROJECTS WHERE THE COST OF SUCH CONSTRUCTION, ALTERATION, INSTALLATION OR IMPROVEMENT EXCEEDS THE SUM OF FIFTY THOUSAND DOLLARS; AND (III) PROVIDE THAT SUCH EXEMPTIONS ARE RESTRICTED BY GEOGRAPHIC AREAS AND/OR GROUPS AND MAJOR DIVISIONS AS IS PROVIDED BY SUBDIVISION TEN OF THIS SECTION. 13. A COUNTY, CITY, OR TOWN WITH A VILLAGE WITH A POPULATION OF NOT LESS THAN FIVE THOUSAND AND NOT MORE THAN SIX THOUSAND IN COUNTIES WITH A POPULATION OF NOT LESS THEN TWO HUNDRED NINETY THOUSAND AND NOT MORE THAN THREE HUNDRED FIVE THOUSAND MAY, BY LOCAL LAW, ESTABLISH A DATE FOR THE COMMENCEMENT OF THE EFFECTIVENESS OF THE EXEMPTION OFFERED PURSUANT TO THIS SECTION. A COPY OF THE LOCAL LAWS SHALL BE FILED WITH THE COMMISSIONER, THE ASSESSOR OR TREASURER OF THE MUNICIPALITY, THE CLERK OF THE MUNICIPALITY, AND THE SECRETARY OF STATE. 14. A VILLAGE WITH A POPULATION OF NOT LESS THAN FIVE THOUSAND AND NOT MORE THAN SIX THOUSAND IN COUNTIES WITH A POPULATION OF NOT LESS THAN TWO HUNDRED NINETY THOUSAND AND NOT MORE THAN THREE HUNDRED FIVE THOU- SAND MAY, BY LOCAL LAW, AND ANY SCHOOL DISTRICT WHICH SERVES SUCH VILLAGE, MAY, BY RESOLUTION ESTABLISH A DATE FOR THE COMMENCEMENT OF THE EFFECTIVENESS OF THE EXEMPTION OFFERED PURSUANT TO THIS SECTION. A COPY
OF THE LOCAL LAWS SHALL BE FILED WITH THE COMMISSIONER, THE ASSESSOR OR TREASURER OF THE MUNICIPALITY, THE CLERK OF THE MUNICIPALITY, AND THE SECRETARY OF STATE. S 2. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus