N.Y. Real Property Tax Law § 489-aaaaaa: Definitions

§ 489-aaaaaa. Definitions. When used in this title:

1. "Commercial construction work" means the construction of a new

building or structure or the modernization, rehabilitation, expansion or

improvement of an existing building or structure for use as commercial

property.

2. "Commercial exclusion area" means an area as defined in subdivision

four of section four hundred eighty-nine-gggggg of this title.

3. "Commercial property" means nonresidential property on which will

exist after completion of commercial construction work a building or

structure, or portion thereof, used for the buying, selling or otherwise

providing of goods or services including hotel services, or for other

lawful business, commercial or manufacturing activities; provided that

property or portions of property dedicated to utility property shall not

be considered commercial property for purposes of this title.

4. "Commissioner" means the commissioner of finance of a city that has

enacted a local law pursuant to this title.

5. "Completion of construction," or "completion," when relating to new

construction, means the earlier of the date on which the department of

buildings of a city that has enacted a local law pursuant to this title

issues a final certificate of occupancy, or when the department of

finance has otherwise determined that construction is complete.

6. "Department" means the department of finance of a city that has

enacted a local law pursuant to this title.

7. "Industrial construction work" means the construction of a new

building or structure or the modernization, rehabilitation, expansion or

improvement of an existing building or structure for use as industrial

property.

8. "Industrial property" means nonresidential property on which will

exist after completion of industrial construction work a building or

structure, or portion thereof, with at least seventy-five percent of the

total net square footage of the property used or immediately available

and held out for manufacturing activities involving assembling goods or

the fabrication or processing of raw materials; provided that property

or portions of property dedicated to utility property shall not be

considered industrial property for purposes of this title.

9. "Manufacturing activity" means an activity involving the assembly

of goods or the fabrication or processing of raw materials, but shall

not include: (a) such activity when conducted for the purpose of retail

sale on the premises; or (b) utility services.

10. "Minimum required expenditure" means the amount that an applicant

must expend on construction work for a project in order to qualify for

benefits as provided in this title.

11. "Mixed-use property" means property on which exists, or will exist

upon completion of construction work, a building or structure used for

both residential and nonresidential purposes.

12. "Renovation construction work" means the modernization,

rehabilitation, expansion or improvement of an existing building or

structure where such modernization, rehabilitation, expansion or

improvement is physically and functionally integrated with the existing

building or structure, or portion thereof, does not increase the bulk of

the existing building or structure by more than thirty percent, and does

not increase the height of the existing building or structure by more

than thirty percent.

13. "Residential construction work" means any construction,

modernization, rehabilitation, expansion or improvement of dwelling

units other than dwelling units in a hotel.

14. "Restricted activity" means any entertainment activity that the

department has identified in rules promulgated pursuant to a local law

enacted pursuant to this title as an activity which, in the public

interest, should not be encouraged through the benefits of this title.

15. "Retail purposes" means any activity that consists predominately

of (a) the final sale of tangible personal property or services by a

vendor as defined in section eleven hundred one of the tax law, (b) the

sale of services that generally involve the physical, mental, and/or

spiritual care of individuals or the physical care of the personal

property of individuals, (c) retail banking services, or (d) the final

sale of food and/or beverage by a vendor as defined in section eleven

hundred one of the tax law, including the assembly, processing or

packaging of goods, provided that sales of such tangible personal

property or services are predominantly to purchasers who personally

visit the facilities at which such sales are made or such property and

services are provided. "Retail purposes" shall not include hotel uses as

described in subdivision four of section four hundred eighty-nine-cccccc

of this title.

16. "Temporary commercial incentive area boundary commission" means a

commission as defined in section four hundred eighty-nine-gggggg of this

title.

17. "Utility property" means property and equipment as described in

paragraphs (c), (d), (e), (f) and (i) of subdivision twelve of section

one hundred two of this chapter that is used in the ordinary course of

business by its owner or any other entity or property as described in

paragraphs (a) and (b) of subdivision twelve of section one hundred two

of this chapter that is owned by any entity that uses in the ordinary

course of business property and equipment as described in paragraphs

(c), (d), (e), (f) and (i) of subdivision twelve of section one hundred

two of this chapter, without regard to the classification of such

property and equipment for real property tax purposes pursuant to

section eighteen hundred two of this chapter, except that any such

property and equipment used solely to serve the building to which they

are attached shall not be deemed utility property. Notwithstanding any

provision of this title to the contrary, peaking units shall not be

considered utility property. For purposes of this title, "peaking unit"

shall mean a generating unit that: (a) is determined by the New York

independent system operator or a federal or New York state energy

regulatory commission to constitute a peaking unit as set forth in

section 5.14.1.2 of the New York independent system operator's market

administration and control area services tariff, as such term existed as

of April first, two thousand eleven; or (b) has an annual average

operation, during the calendar year preceding the taxable status date,

of less than eighteen hours following each start of the unit; for

purposes of calculating the annual average, operations during any period

covered by any major emergency declaration issued by the New York

independent system operator, northeast power coordinating council, or

other similar entity shall be excluded. A "peaking unit" under this

title shall include all real property used in connection with the

generation of electricity, and any facilities used to interconnect the

peaking unit with the electric transmission or distribution system, but

shall not include any facilities that are part of the electric

transmission or distribution system; it may be comprised of a single

turbine and generator or multiple turbines and generators located at the

same site. Notwithstanding any provision of this title to the contrary,

a peaking unit shall be considered industrial property, provided however

that the benefit period for a peaking unit shall be as set forth in

paragraph (b-1) of subdivision three of section four hundred

eighty-nine-bbbbbb of this title.