STATE OF NEW YORK
________________________________________________________________________
9069
IN ASSEMBLY
January 15, 2020
___________
Introduced by M. of A. CYMBROWITZ -- read once and referred to the
Committee on Cities
AN ACT to amend the general city law and the administrative code of the
city of New York, in relation to extending certain provisions relating
to relocation and employment assistance credits
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivision (b) of section 25-z of the general city law, as
2 amended by section 3 of part E of chapter 61 of the laws of 2017, is
3 amended to read as follows:
4 (b) No eligible business shall be authorized to receive a credit under
5 any local law enacted pursuant to this article until the premises with
6 respect to which it is claiming the credit meet the requirements in the
7 definition of eligible premises and until it has obtained a certif-
8 ication of eligibility from the mayor of such city or an agency desig-
9 nated by such mayor, and an annual certification from such mayor or an
10 agency designated by such mayor as to the number of eligible aggregate
11 employment shares maintained by such eligible business that may qualify
12 for obtaining a tax credit for the eligible business' taxable year. Any
13 written documentation submitted to such mayor or such agency or agencies
14 in order to obtain any such certification shall be deemed a written
15 instrument for purposes of section 175.00 of the penal law. Such local
16 law may provide for application fees to be determined by such mayor or
17 such agency or agencies. No such certification of eligibility shall be
18 issued under any local law enacted pursuant to this article to an eligi-
19 ble business on or after July first, two thousand [twenty] twenty-five
20 unless:
21 (1) prior to such date such business has purchased, leased or entered
22 into a contract to purchase or lease particular premises or a parcel on
23 which will be constructed such premises or already owned such premises
24 or parcel;
25 (2) prior to such date improvements have been commenced on such prem-
26 ises or parcel, which improvements will meet the requirements of subdi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14135-01-9
A. 9069 2
1 vision (e) of section twenty-five-y of this article relating to expendi-
2 tures for improvements;
3 (3) prior to such date such business submits a preliminary application
4 for a certification of eligibility to such mayor or such agency or agen-
5 cies with respect to a proposed relocation to such particular premises;
6 and
7 (4) such business relocates to such particular premises not later than
8 thirty-six months or, in a case in which the expenditures made for the
9 improvements specified in paragraph two of this subdivision are in
10 excess of fifty million dollars within seventy-two months from the date
11 of submission of such preliminary application.
12 § 2. Subdivision (b) of section 25-ee of the general city law, as
13 amended by section 4 of part E of chapter 61 of the laws of 2017, is
14 amended to read as follows:
15 (b) No eligible business or special eligible business shall be author-
16 ized to receive a credit against tax under any local law enacted pursu-
17 ant to this article until the premises with respect to which it is
18 claiming the credit meet the requirements in the definition of eligible
19 premises and until it has obtained a certification of eligibility from
20 the mayor of such city or any agency designated by such mayor, and an
21 annual certification from such mayor or an agency designated by such
22 mayor as to the number of eligible aggregate employment shares main-
23 tained by such eligible business or such special eligible business that
24 may qualify for obtaining a tax credit for the eligible business' taxa-
25 ble year. No special eligible business shall be authorized to receive a
26 credit against tax under the provisions of this article unless the
27 number of relocated employee base shares calculated pursuant to subdivi-
28 sion (o) of section twenty-five-dd of this article is equal to or great-
29 er than the lesser of twenty-five percent of the number of New York city
30 base shares calculated pursuant to subdivision (p) of such section and
31 two hundred fifty employment shares. Any written documentation submitted
32 to such mayor or such agency or agencies in order to obtain any such
33 certification shall be deemed a written instrument for purposes of
34 section 175.00 of the penal law. Such local law may provide for applica-
35 tion fees to be determined by such mayor or such agency or agencies. No
36 certification of eligibility shall be issued under any local law enacted
37 pursuant to this article to an eligible business on or after July first,
38 two thousand [twenty] twenty-five unless:
39 (1) prior to such date such business has purchased, leased or entered
40 into a contract to purchase or lease premises in the eligible Lower
41 Manhattan area or a parcel on which will be constructed such premises;
42 (2) prior to such date improvements have been commenced on such prem-
43 ises or parcel, which improvements will meet the requirements of subdi-
44 vision (e) of section twenty-five-dd of this article relating to expend-
45 itures for improvements;
46 (3) prior to such date such business submits a preliminary application
47 for a certification of eligibility to such mayor or such agency or agen-
48 cies with respect to a proposed relocation to such premises; and
49 (4) such business relocates to such premises as provided in subdivi-
50 sion (j) of section twenty-five-dd of this article not later than thir-
51 ty-six months or, in a case in which the expenditures made for the
52 improvements specified in paragraph two of this subdivision are in
53 excess of fifty million dollars within seventy-two months from the date
54 of submission of such preliminary application.
A. 9069 3
1 § 3. Subdivision (b) of section 22-622 of the administrative code of
2 the city of New York, as amended by section 5 of part E of chapter 61 of
3 the laws of 2017, is amended to read as follows:
4 (b) No eligible business shall be authorized to receive a credit
5 against tax or a reduction in base rent subject to tax under the
6 provisions of this chapter, and of title eleven of the code as described
7 in subdivision (a) of this section, until the premises with respect to
8 which it is claiming the credit meet the requirements in the definition
9 of eligible premises and until it has obtained a certification of eligi-
10 bility from the mayor or an agency designated by the mayor, and an annu-
11 al certification from the mayor or an agency designated by the mayor as
12 to the number of eligible aggregate employment shares maintained by such
13 eligible business that may qualify for obtaining a tax credit for the
14 eligible business' taxable year. Any written documentation submitted to
15 the mayor or such agency or agencies in order to obtain any such certif-
16 ication shall be deemed a written instrument for purposes of section
17 175.00 of the penal law. Application fees for such certifications shall
18 be determined by the mayor or such agency or agencies. No certification
19 of eligibility shall be issued to an eligible business on or after July
20 first, two thousand [twenty] twenty-five unless:
21 (1) prior to such date such business has purchased, leased or entered
22 into a contract to purchase or lease particular premises or a parcel on
23 which will be constructed such premises or already owned such premises
24 or parcel;
25 (2) prior to such date improvements have been commenced on such prem-
26 ises or parcel which improvements will meet the requirements of subdivi-
27 sion (e) of section 22-621 of this chapter relating to expenditures for
28 improvements;
29 (3) prior to such date such business submits a preliminary application
30 for a certification of eligibility to such mayor or such agency or agen-
31 cies with respect to a proposed relocation to such particular premises;
32 and
33 (4) such business relocates to such particular premises not later than
34 thirty-six months or, in a case in which the expenditures made for
35 improvements specified in paragraph two of this subdivision are in
36 excess of fifty million dollars within seventy-two months from the date
37 of submission of such preliminary application.
38 § 4. Subdivision (b) of section 22-624 of the administrative code of
39 the city of New York, as amended by section 6 of part E of chapter 61 of
40 the laws of 2017, is amended to read as follows:
41 (b) No eligible business or special eligible business shall be author-
42 ized to receive a credit against tax under the provisions of this chap-
43 ter, and of title eleven of the code as described in subdivision (a) of
44 this section, until the premises with respect to which it is claiming
45 the credit meet the requirements in the definition of eligible premises
46 and until it has obtained a certification of eligibility from the mayor
47 or an agency designated by the mayor, and an annual certification from
48 the mayor or an agency designated by the mayor as to the number of
49 eligible aggregate employment shares maintained by such eligible busi-
50 ness or special eligible business that may qualify for obtaining a tax
51 credit for the eligible business' taxable year. No special eligible
52 business shall be authorized to receive a credit against tax under the
53 provisions of this chapter and of title eleven of the code unless the
54 number of relocated employee base shares calculated pursuant to subdivi-
55 sion (o) of section 22-623 of this chapter is equal to or greater than
56 the lesser of twenty-five percent of the number of New York city base
A. 9069 4
1 shares calculated pursuant to subdivision (p) of such section 22-623,
2 and two hundred fifty employment shares. Any written documentation
3 submitted to the mayor or such agency or agencies in order to obtain any
4 such certification shall be deemed a written instrument for purposes of
5 section 175.00 of the penal law. Application fees for such certif-
6 ications shall be determined by the mayor or such agency or agencies. No
7 certification of eligibility shall be issued to an eligible business on
8 or after July first, two thousand [twenty] twenty-five unless:
9 (1) prior to such date such business has purchased, leased or entered
10 into a contract to purchase or lease premises in the eligible Lower
11 Manhattan area or a parcel on which will be constructed such premises;
12 (2) prior to such date improvements have been commenced on such prem-
13 ises or parcel, which improvements will meet the requirements of subdi-
14 vision (e) of section 22-623 of this chapter relating to expenditures
15 for improvements;
16 (3) prior to such date such business submits a preliminary application
17 for a certification of eligibility to such mayor or such agency or agen-
18 cies with respect to a proposed relocation to such premises; and
19 (4) such business relocates to such premises not later than thirty-six
20 months or, in a case in which the expenditures made for the improvements
21 specified in paragraph two of this subdivision are in excess of fifty
22 million dollars within seventy-two months from the date of submission of
23 such preliminary application.
24 § 5. This act shall take effect immediately.