NY Real Prop Tax L § 489-AAAAAA (2021)
2021 New York Laws RPT - Real Property Tax Article 4 - Exemptions Title 2-F - Abatement of Tax Payments for Certain Industrial and Commercial Properties in a City of One Million or More Persons 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.