N.Y. Real Property Tax Law § 489-gggggg: Temporary commercial incentive area boundary commission; designation of special commercial abatement areas; excluded and renovation areas

§ 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.

(a-1) Notwithstanding any provision of law to the contrary, beginning

January first, two thousand twenty-six, Governor's Island shall be

designated a special commercial abatement area for the purposes of this

title, provided that such designation may be modified in whole or in

part in accordance with the procedures set forth in this subdivision.

(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 not including Governor's Island, 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; provided that, however, in

making such determination with respect to Governor's Island, the

commission shall consider, among other factors, the density of existing

developments and the nature and purpose of planned developments on

Governor's Island, and the development of emerging industries in the

city.

(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: (i) the areas designated renovation areas by

paragraphs (a) and (b) of this subdivision, or (ii) as of January first,

two thousand twenty-six, Governor's Island.

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: (a) the areas designated renovation

areas by subdivision three of this section and (b) as of January first,

two thousand twenty-six, Governor's Island, 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.