Section 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  the deputy mayor for economic development and planning, 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  for
  economic  development and planning 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 for economic
  development and planning, 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  for  economic  development and planning. 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 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.
    (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,  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.
    (f)  If the commission fails to meet for more than five years, all new
  applications for special commercial abatement area  benefits  postmarked
  after  the  fifth  anniversary of the commission's last meeting 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  the  areas  designated  renovation  areas  by
  paragraphs (a) and (b) of this subdivision.
    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 the areas designated renovation areas by
  subdivision three of this section, 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.