S. 8063--A 2
article to an eligible business on or after July first, two thousand
[twenty-five] TWENTY-EIGHT unless:
§ 2. The opening paragraph of subdivision (b) of section 25-ee of the
general city law, as amended by section 2 of part RR of chapter 56 of
the laws of 2020, is amended to read as follows:
No eligible business or special eligible business shall be authorized
to receive a credit against tax under any local law enacted pursuant to
this article until the premises with respect to which it is claiming the
credit meet the requirements in the definition of eligible premises and
until it has obtained a certification of eligibility from the mayor of
such city or any agency designated by such mayor, and an annual certif-
ication from such mayor or an agency designated by such mayor as to the
number of eligible aggregate employment shares maintained by such eligi-
ble business or such special eligible business that may qualify for
obtaining a tax credit for the eligible [business'] BUSINESS'S taxable
year. No special eligible business shall be authorized to receive a
credit against tax under the provisions of this article unless the
number of relocated employee base shares calculated pursuant to subdivi-
sion (o) of section twenty-five-dd of this article is equal to or great-
er than the lesser of twenty-five percent of the number of New York city
base shares calculated pursuant to subdivision (p) of such section and
two hundred fifty employment shares. Any written documentation submitted
to such mayor or such agency or agencies in order to obtain any such
certification shall be deemed a written instrument for purposes of
section 175.00 of the penal law. Such local law may provide for applica-
tion fees to be determined by such mayor or such agency or agencies. No
certification of eligibility shall be issued under any local law enacted
pursuant to this article to an eligible business on or after July first,
two thousand [twenty-five] TWENTY-EIGHT unless:
§ 3. The general city law is amended by adding a new article 2-K to
read as follows:
ARTICLE 2-K
RELOCATION ASSISTANCE CREDIT PER EMPLOYEE
SECTION 25-FF. DEFINITIONS.
25-GG. RELOCATION ASSISTANCE CREDIT PER EMPLOYEE.
§ 25-FF. DEFINITIONS. WHEN USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "AGGREGATE EMPLOYMENT SHARES" MEANS THE SUM OF ALL EMPLOYMENT
SHARES MAINTAINED BY AN ELIGIBLE BUSINESS IN A TAXABLE YEAR.
(B) "ELIGIBLE AGGREGATE EMPLOYMENT SHARES" MEANS, IN THE CASE OF AN
ELIGIBLE BUSINESS, THE AMOUNT, IF ANY, OF AGGREGATE EMPLOYMENT SHARES
MAINTAINED BY AN ELIGIBLE BUSINESS IN ELIGIBLE PREMISES IN THE TAXABLE
YEAR IN WHICH SUCH ELIGIBLE BUSINESS CLAIMS A CREDIT PURSUANT TO A LOCAL
LAW ENACTED IN ACCORDANCE WITH SECTION TWENTY-FIVE-GG OF THIS ARTICLE;
PROVIDED, HOWEVER, THAT:
(1) SUCH AMOUNT SHALL NOT EXCEED THE LESSER OF:
(I) THE NUMBER OF AGGREGATE EMPLOYMENT SHARES MAINTAINED BY SUCH
ELIGIBLE BUSINESS IN ELIGIBLE PREMISES IN THE TAXABLE YEAR DURING WHICH
SUCH ELIGIBLE BUSINESS RELOCATES;
(II) THE MAXIMUM APPROVED EMPLOYMENT SHARES FOR SUCH ELIGIBLE BUSI-
NESS; OR
(III) AN AMOUNT EQUAL TO THE PRODUCT OF MULTIPLYING THE AGGREGATE
EMPLOYMENT SHARES AND THE LINEAR SCALAR FOR SUCH ELIGIBLE BUSINESS IN
SUCH TAX YEAR; AND
S. 8063--A 3
(2) A FULL-TIME WORK WEEK OR PART-TIME WORK WEEK AT ELIGIBLE PREMISES
PRIOR TO THE DATE OF RELOCATION SHALL NOT BE TAKEN INTO ACCOUNT IN
DETERMINING ELIGIBLE AGGREGATE EMPLOYMENT SHARES.
(C) "ELIGIBLE BUSINESS" MEANS ANY PERSON SUBJECT TO A TAX IMPOSED
UNDER A LOCAL LAW ENACTED PURSUANT TO PART TWO OR THREE OF SECTION ONE,
OR SECTION TWO OF CHAPTER SEVEN HUNDRED SEVENTY-TWO OF THE LAWS OF NINE-
TEEN HUNDRED SIXTY-SIX THAT:
(1) HAS BEEN CONDUCTING SUBSTANTIAL BUSINESS OPERATIONS AT ONE OR MORE
BUSINESS LOCATIONS OUTSIDE OF NEW YORK STATE FOR THE TWENTY-FOUR CONSEC-
UTIVE MONTHS IMMEDIATELY PRECEDING THE TAXABLE YEAR DURING WHICH SUCH
ELIGIBLE BUSINESS RELOCATES BUT HAS NOT MAINTAINED EMPLOYMENT SHARES AT
PREMISES IN NEW YORK STATE AT ANY TIME DURING THE PERIOD BEGINNING JANU-
ARY FIRST, TWO THOUSAND TWENTY-FIVE AND ENDING ON THE DATE SUCH BUSINESS
ENTERS INTO A LEASE OR A CONTRACT TO PURCHASE THE PREMISES THAT WILL
QUALIFY AS ELIGIBLE PREMISES PURSUANT TO THIS ARTICLE; AND
(2) ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-FIVE RELOCATES ALL OR
PART OF SUCH BUSINESS OPERATIONS.
(D) "ELIGIBLE PREMISES" MEANS ONE OR MORE NON-RESIDENTIAL PREMISES
THAT CONSIST OF AT LEAST TEN THOUSAND SQUARE FEET THAT ARE:
(1) WHOLLY CONTAINED IN REAL PROPERTY LOCATED IN A CITY WITH A POPU-
LATION OF ONE MILLION OR MORE; AND
(2) IF CONTAINED IN REAL PROPERTY WHOLLY LOCATED IN THE BOROUGH OF
MANHATTAN, ARE PREMISES FOR WHICH FINAL CERTIFICATES OF OCCUPANCY WERE
ISSUED PRIOR TO JANUARY FIRST, TWO THOUSAND.
(E) "EMPLOYMENT SHARE" MEANS, FOR EACH EMPLOYEE, PARTNER OR SOLE
PROPRIETOR OF AN ELIGIBLE BUSINESS, THE SUM OF: (1) THE NUMBER OF FULL-
TIME WORK WEEKS WORKED BY SUCH EMPLOYEE, PARTNER OR SOLE PROPRIETOR
DURING THE ELIGIBLE BUSINESS'S TAXABLE YEAR DIVIDED BY THE NUMBER OF
WEEKS IN THE TAXABLE YEAR; AND (2) THE NUMBER OF PART-TIME WORK WEEKS
WORKED BY SUCH EMPLOYEE, PARTNER OR SOLE PROPRIETOR DURING THE ELIGIBLE
BUSINESS'S TAXABLE YEAR DIVIDED BY AN AMOUNT EQUAL TO TWICE THE NUMBER
OF WEEKS IN THE TAXABLE YEAR. EMPLOYMENT SHARE SHALL NOT INCLUDE FULL-
TIME OR PART-TIME WORK WEEKS ATTRIBUTABLE TO EMPLOYEES, PARTNERS OR SOLE
PROPRIETORS ACQUIRED BY AN ELIGIBLE BUSINESS AS A RESULT OF A MERGER
WITH, ACQUISITION OF ANOTHER PERSON, OR A TRANSACTION HAVING A COMPARA-
BLE EFFECT, THAT OCCURS AFTER JUNE THIRTIETH, TWO THOUSAND TWENTY-FIVE,
AND BEFORE THE END OF THE TAXABLE YEAR IN WHICH A CREDIT IS CLAIMED BY
SUCH ELIGIBLE BUSINESS PURSUANT TO A LOCAL LAW ENACTED IN ACCORDANCE
WITH SECTION TWENTY-FIVE-GG OF THIS ARTICLE, OR TO SUCCESSORS, IF ANY,
TO THOSE EMPLOYEES, PARTNERS OR SOLE PROPRIETORS.
(F) "FULL-TIME WORK WEEK" MEANS A WEEK DURING WHICH AT LEAST THIRTY-
FIVE HOURS OF GAINFUL WORK HAS BEEN PERFORMED BY AN EMPLOYEE, PARTNER OR
SOLE PROPRIETOR.
(G) "HOTEL SERVICES" MEANS ANY SERVICES THAT CONSIST PREDOMINATELY OF
THE LODGING OF GUESTS AT A BUILDING OR A PORTION THEREOF THAT IS REGU-
LARLY USED AND KEPT OPEN FOR SUCH SERVICES. HOTEL SERVICES SHALL INCLUDE
THE LODGING OF GUESTS AT AN APARTMENT HOTEL, A MOTEL, BOARDING HOUSE OR
CLUB, WHETHER OR NOT MEALS ARE SERVED.
(H) "LINEAR SCALAR" MEANS, FOR AN ELIGIBLE BUSINESS IN A TAXABLE YEAR
IN WHICH A CREDIT IS CLAIMED PURSUANT TO A LOCAL LAW ENACTED IN ACCORD-
ANCE WITH SECTION TWENTY-FIVE-GG OF THIS ARTICLE, THE QUOTIENT OF DIVID-
ING THE TOTAL SQUARE FOOTAGE OF AN ELIGIBLE PREMISES BY THE PRODUCT OF
MULTIPLYING ONE HUNDRED SEVENTY-FIVE BY SUCH BUSINESS'S AGGREGATE
EMPLOYMENT SHARES.
(I) "MAXIMUM APPROVED EMPLOYMENT SHARES" MEANS A LIMITATION ON THE
AGGREGATE EMPLOYMENT SHARES THAT AN ELIGIBLE BUSINESS MAY RECEIVE IN ANY
S. 8063--A 4
TAXABLE YEAR DETERMINED BY THE MAYOR PURSUANT TO A LOCAL LAW ENACTED IN
ACCORDANCE WITH SECTION TWENTY-FIVE-GG OF THIS ARTICLE BASED ON DOCUMEN-
TATION SUBMITTED BY SUCH BUSINESS DEMONSTRATING SUCH BUSINESS'S INTEN-
TION TO RELOCATE. THE MAXIMUM APPROVED EMPLOYMENT SHARES IS THE NUMBER
OF AGGREGATE EMPLOYMENT SHARES SUCH BUSINESS INTENDS TO RELOCATE AS
INDICATED BY THE MAYOR ON THE APPLICABLE INITIAL CERTIFICATION OF ELIGI-
BILITY.
(J) "MAYOR" MEANS THE MAYOR OF A CITY HAVING A POPULATION OF ONE
MILLION OR MORE, OR AN AGENCY OF SUCH CITY AS DESIGNATED BY SUCH MAYOR.
(K) "PART-TIME WORK WEEK" MEANS A WEEK DURING WHICH AT LEAST FIFTEEN
BUT LESS THAN THIRTY-FIVE HOURS OF GAINFUL WORK HAS BEEN PERFORMED BY AN
EMPLOYEE, PARTNER OR SOLE PROPRIETOR.
(L) "PERSON" INCLUDES ANY INDIVIDUAL, PARTNERSHIP, ASSOCIATION, JOINT-
STOCK COMPANY, CORPORATION, ESTATE OR TRUST, LIMITED LIABILITY COMPANY,
AND ANY COMBINATION OF THE FOREGOING.
(M) "PROGRAM TOTAL" MEANS THE SUM OF MAXIMUM APPROVED AGGREGATE
EMPLOYMENT SHARES INCLUDED IN ALL INITIAL CERTIFICATION OF ELIGIBILITY
ISSUED BY THE MAYOR.
(N) "RELOCATE" MEANS, WITH RESPECT TO AN ELIGIBLE BUSINESS, TO TRANS-
FER A PRE-EXISTING BUSINESS OPERATION TO AN ELIGIBLE PREMISES, OR TO
ESTABLISH A NEW BUSINESS OPERATION AT SUCH PREMISES, PROVIDED THAT AN
ELIGIBLE BUSINESS SHALL NOT BE DEEMED TO HAVE RELOCATED UNLESS AT LEAST
ONE EMPLOYEE, PARTNER OR SOLE PROPRIETOR OF THE ELIGIBLE BUSINESS IS
TRANSFERRED TO SUCH PREMISES FROM A PRE-EXISTING BUSINESS OPERATION
CONDUCTED OUTSIDE THE STATE OF NEW YORK. THE DATE OF RELOCATION SHALL BE
THE FIRST DAY ON WHICH THE INDIVIDUAL SO TRANSFERRED COMMENCES WORK AT
SUCH ELIGIBLE PREMISES. THE TAXABLE YEAR OF RELOCATION SHALL BE THE
TAXABLE YEAR IN WHICH THE DATE OF RELOCATION OCCURS. FOR PURPOSES OF
THIS ARTICLE, AN ELIGIBLE BUSINESS MAY RELOCATE ONLY ONCE BUT MAY ADD OR
SUBSTITUTE OTHER ELIGIBLE PREMISES THROUGHOUT SUCH PERIOD.
(O) "RETAIL ACTIVITY" MEANS ANY ACTIVITY WHICH CONSISTS PREDOMINATELY
OF:
(1) THE SALE, OTHER THAN THROUGH THE MAIL OR BY THE TELEPHONE OR BY
MEANS OF THE INTERNET, OF TANGIBLE PERSONAL PROPERTY TO A PERSON, FOR
ANY PURPOSE UNRELATED TO THE TRADE OR BUSINESS OF SUCH PERSON;
(2) THE SELLING OF A SERVICE TO AN INDIVIDUAL WHICH GENERALLY INVOLVES
THE PHYSICAL, MENTAL OR SPIRITUAL CARE OF SUCH INDIVIDUAL;
(3) THE PHYSICAL CARE OF THE PERSONAL PROPERTY OF ANY PERSON UNRELATED
TO THE TRADE OR BUSINESS OF SUCH PERSON; OR
(4) THE PROVISION OF A RETAIL BANKING SERVICE.
§ 25-GG. RELOCATION ASSISTANCE CREDIT PER EMPLOYEE. (A) ANY CITY
HAVING A POPULATION OF ONE MILLION OR MORE IS HEREBY AUTHORIZED AND
EMPOWERED TO ADOPT AND AMEND A LOCAL LAW ALLOWING AN ELIGIBLE BUSINESS
THAT RELOCATES TO RECEIVE A CREDIT AGAINST A TAX IMPOSED UNDER A LOCAL
LAW ENACTED PURSUANT TO PART TWO OR THREE OF SECTION ONE OR SECTION TWO
OF CHAPTER SEVEN HUNDRED SEVENTY-TWO OF THE LAWS OF NINETEEN HUNDRED
SIXTY-SIX. THE AMOUNT OF SUCH CREDIT SHALL BE DETERMINED BY MULTIPLYING
FIVE THOUSAND DOLLARS BY THE NUMBER OF ELIGIBLE AGGREGATE EMPLOYMENT
SHARES MAINTAINED BY THE TAXPAYER DURING THE TAXABLE YEAR WITH RESPECT
TO ELIGIBLE PREMISES TO WHICH THE TAXPAYER HAS RELOCATED, AND MAY BE
TAKEN, PURSUANT TO THE PROVISIONS OF SECTION FOUR-J OF PART TWO OF
SECTION ONE, OR SUBDIVISION (L) OF SECTION ONE HUNDRED ONE OF SECTION
TWO OF CHAPTER SEVEN HUNDRED SEVENTY-TWO OF THE LAWS OF NINETEEN HUNDRED
SIXTY-SIX, FOR UP TO ELEVEN CONSECUTIVE TAXABLE YEARS BEGINNING WITH THE
TAXABLE YEAR IN WHICH THE ELIGIBLE BUSINESS RELOCATES, PROVIDED THAT NO
S. 8063--A 5
SUCH CREDIT SHALL BE ALLOWED FOR THE RELOCATION OF ANY RETAIL ACTIVITY
OR HOTEL SERVICES.
(B) NO ELIGIBLE BUSINESS SHALL BE AUTHORIZED TO RECEIVE A CREDIT
AGAINST TAX UNDER ANY LOCAL LAW ENACTED PURSUANT TO THIS ARTICLE UNLESS
THE PREMISES WITH RESPECT TO WHICH IT IS CLAIMING THE CREDIT ARE ELIGI-
BLE PREMISES AND UNTIL IT HAS OBTAINED AN INITIAL CERTIFICATION OF
ELIGIBILITY FROM THE MAYOR OF SUCH CITY AND AN ANNUAL CERTIFICATION FROM
SUCH MAYOR AS TO THE NUMBER OF ELIGIBLE AGGREGATE EMPLOYMENT SHARES
MAINTAINED BY SUCH ELIGIBLE BUSINESS THAT MAY QUALIFY FOR OBTAINING A
TAX CREDIT FOR THE ELIGIBLE BUSINESS'S TAXABLE YEAR. EACH INITIAL
CERTIFICATION OF ELIGIBILITY SHALL INCLUDE THE MAXIMUM APPROVED EMPLOY-
MENT SHARES FOR THE ELIGIBLE BUSINESS, WHICH SHALL NOT EXCEED FIVE
HUNDRED EMPLOYMENT SHARES. ANY WRITTEN DOCUMENTATION SUBMITTED TO SUCH
MAYOR IN ORDER TO OBTAIN ANY SUCH CERTIFICATION SHALL BE DEEMED A WRIT-
TEN INSTRUMENT FOR PURPOSES OF SECTION 175.00 OF THE PENAL LAW. SUCH
LOCAL LAW MAY PROVIDE FOR AN APPLICATION FEE FOR SUCH CERTIFICATION TO
BE DETERMINED BY SUCH MAYOR. NO INITIAL CERTIFICATION OF ELIGIBILITY
SHALL BE ISSUED UNDER ANY LOCAL LAW ENACTED PURSUANT TO THIS ARTICLE TO
AN ELIGIBLE BUSINESS ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-EIGHT
UNLESS:
(1) PRIOR TO SUCH DATE, SUCH BUSINESS HAS PURCHASED, LEASED OR ENTERED
INTO A CONTRACT TO PURCHASE OR LEASE ELIGIBLE PREMISES;
(2) PRIOR TO SUCH DATE, SUCH BUSINESS SUBMITS A PRELIMINARY APPLICA-
TION FOR AN INITIAL CERTIFICATION OF ELIGIBILITY TO SUCH MAYOR WITH
RESPECT TO A PROPOSED RELOCATION TO SUCH PREMISES;
(3) SUCH BUSINESS ENTERS INTO A LEASE OR CONTRACT TO PURCHASE AN
ELIGIBLE PREMISES BETWEEN THE DATE THAT SUCH BUSINESS SUBMITS SUCH
PRELIMINARY APPLICATION AND THREE MONTHS THEREAFTER; AND
(4) SUCH BUSINESS RELOCATES TO SUCH PREMISES NOT LATER THAN THIRTY-SIX
MONTHS FROM THE DATE OF SUBMISSION OF SUCH PRELIMINARY APPLICATION.
(C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, SUCH MAYOR
SHALL NOT ISSUE AN INITIAL CERTIFICATION OF ELIGIBILITY THAT WOULD CAUSE
THE PROGRAM TOTAL TO EXCEED THREE THOUSAND MAXIMUM APPROVED EMPLOYMENT
SHARES. SUCH MAYOR SHALL APPROVE APPLICATIONS ON A FIRST-COME, FIRST-
SERVE BASIS AMONG ELIGIBLE BUSINESSES IN ACCORDANCE WITH RULES PROMUL-
GATED PURSUANT TO A LOCAL LAW AUTHORIZED BY SUBDIVISION (D) OF THIS
SECTION. SUCH MAYOR SHALL INCLUDE ON SUCH MAYOR'S WEBSITE AN INDICATION
REGARDING WHETHER THE PROGRAM TOTAL HAS REACHED THREE THOUSAND MAXIMUM
APPROVED EMPLOYMENT SHARES.
(D) SUCH MAYOR SHALL BE AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
TO ADMINISTER AND ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE,
INCLUDING BUT NOT LIMITED TO RULES AND REGULATIONS TO PROVIDE FOR ALTER-
NATIVE METHODS TO MEASURE EMPLOYMENT SHARES IN INSTANCES WHERE AN ELIGI-
BLE BUSINESS IS NOT REQUIRED BY LAW TO MAINTAIN WEEKLY RECORDS OF FULL-
TIME WORK WEEKS AND PART-TIME WORK WEEKS OF EMPLOYEES, PARTNERS OR SOLE
PROPRIETORS.
(E) FOR THE DURATION OF THE BENEFIT PERIOD, THE RECIPIENT OF A CREDIT
PURSUANT TO A LOCAL LAW ENACTED IN ACCORDANCE WITH THIS ARTICLE SHALL
FILE AN APPLICATION FOR AN ANNUAL CERTIFICATION EACH YEAR DEMONSTRATING
SUCH RECIPIENT'S ELIGIBILITY FOR SUCH CREDIT AND THE AVERAGE WAGE AND
BENEFITS OFFERED TO THE APPLICABLE RELOCATED EMPLOYEES USED IN DETERMIN-
ING ELIGIBLE AGGREGATE EMPLOYMENT SHARES. SUCH MAYOR SHALL HAVE THE
AUTHORITY TO REQUIRE THAT STATEMENTS FILED UNDER THIS SUBDIVISION BE
FILED ELECTRONICALLY AND THAT SUCH STATEMENTS BE CERTIFIED.
S. 8063--A 6
§ 4. Part II of section 1 of chapter 772 of the laws of 1966, relating
to enabling any city having a population of one million or more to raise
tax revenue, is amended by adding a new section 4-j to read as follows:
§ 4-J. RELOCATION ASSISTANCE CREDIT PER EMPLOYEE. (1) IN ADDITION TO
ANY OTHER CREDIT ALLOWED BY THIS PART OTHER THAN A CREDIT ALLOWED BY
SECTION FOUR-H OF THIS PART, A TAXPAYER THAT HAS OBTAINED THE CERTIF-
ICATIONS IN ACCORDANCE WITH SUBDIVISION (B) OF SECTION TWENTY-FIVE-GG OF
THE GENERAL CITY LAW SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED
BY THIS PART. THE AMOUNT OF THE CREDIT SHALL BE THE AMOUNT DETERMINED
BY MULTIPLYING FIVE THOUSAND DOLLARS BY THE NUMBER OF ELIGIBLE AGGREGATE
EMPLOYMENT SHARES MAINTAINED BY THE TAXPAYER DURING THE TAXABLE YEAR
WITH RESPECT TO ELIGIBLE PREMISES TO WHICH THE TAXPAYER HAS RELOCATED;
PROVIDED, HOWEVER, THAT NO CREDIT SHALL BE ALLOWED FOR THE RELOCATION OF
ANY RETAIL ACTIVITY OR HOTEL SERVICES. FOR PURPOSES OF THIS SECTION, THE
TERMS "ELIGIBLE AGGREGATE EMPLOYMENT SHARES", "ELIGIBLE PREMISES",
"RELOCATE", "RETAIL ACTIVITY" AND "HOTEL SERVICES" SHALL HAVE THE MEAN-
INGS ASCRIBED BY SECTION TWENTY-FIVE-FF OF THE GENERAL CITY LAW.
(2) THE CREDIT ALLOWED UNDER THIS SECTION WITH RESPECT TO ELIGIBLE
AGGREGATE EMPLOYMENT SHARES MAINTAINED WITH RESPECT TO ELIGIBLE PREMISES
TO WHICH THE TAXPAYER HAS RELOCATED SHALL BE ALLOWED FOR THE TAXABLE
YEAR OF THE RELOCATION AND FOR ANY OF THE TEN SUCCEEDING TAXABLE YEARS
DURING WHICH ELIGIBLE AGGREGATE EMPLOYMENT SHARES ARE MAINTAINED WITH
RESPECT TO ELIGIBLE PREMISES; PROVIDED THAT THE CREDIT ALLOWED FOR THE
TENTH SUCCEEDING TAXABLE YEAR SHALL BE CALCULATED BY MULTIPLYING THE
NUMBER OF ELIGIBLE AGGREGATE EMPLOYMENT SHARES MAINTAINED WITH RESPECT
TO ELIGIBLE PREMISES IN THE TENTH SUCCEEDING TAXABLE YEAR BY THE LESSER
OF ONE AND A FRACTION THE NUMERATOR OF WHICH IS SUCH NUMBER OF DAYS IN
THE TAXABLE YEAR OF RELOCATION LESS THE NUMBER OF DAYS THE ELIGIBLE
BUSINESS MAINTAINED EMPLOYMENT SHARES IN ELIGIBLE PREMISES IN THE TAXA-
BLE YEAR OF RELOCATION AND THE DENOMINATOR OF WHICH IS THE NUMBER OF
DAYS IN SUCH TENTH TAXABLE YEAR DURING WHICH SUCH ELIGIBLE AGGREGATE
EMPLOYMENT SHARES ARE MAINTAINED WITH RESPECT TO SUCH PREMISES.
(3) EXCEPT AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION, IF THE
AMOUNT OF THE CREDIT ALLOWABLE UNDER THIS SECTION FOR ANY TAXABLE YEAR
EXCEEDS THE TAX IMPOSED FOR SUCH YEAR, THE EXCESS MAY BE CARRIED OVER,
IN ORDER, TO THE FIVE IMMEDIATELY SUCCEEDING TAXABLE YEARS AND, TO THE
EXTENT NOT PREVIOUSLY DEDUCTIBLE, MAY BE DEDUCTED FROM THE TAXPAYER'S
TAX FOR SUCH YEARS.
(4) THE CREDITS ALLOWED UNDER THIS SECTION, AGAINST THE TAX IMPOSED BY
THIS CHAPTER FOR THE TAXABLE YEAR OF THE RELOCATION AND FOR THE FOUR
TAXABLE YEARS IMMEDIATELY SUCCEEDING THE TAXABLE YEAR OF SUCH RELO-
CATION, SHALL BE DEEMED TO BE OVERPAYMENTS OF TAX BY THE TAXPAYER TO BE
CREDITED OR REFUNDED, WITHOUT INTEREST, IN ACCORDANCE WITH THE
PROVISIONS OF SECTION SEVENTY-SEVEN OF THIS TITLE. FOR SUCH TAXABLE
YEARS, SUCH CREDITS OR PORTIONS THEREOF MAY NOT BE CARRIED OVER TO ANY
SUCCEEDING TAXABLE YEAR.
(5) THE CREDIT ALLOWED UNDER THIS SECTION SHALL BE DEDUCTED PRIOR TO
THE DEDUCTION OF ANY OTHER CREDIT ALLOWED BY THIS PART, EXCEPT AS OTHER-
WISE PROVIDED BY LAW.
§ 5. Section 101 of section 2 of chapter 772 of the laws of 1966,
relating to enabling any city having a population of one million or more
to raise tax revenue, is amended by adding a new subdivision (l) to read
as follows:
(L) RELOCATION ASSISTANCE CREDIT PER EMPLOYEE. (1) IN ADDITION TO ANY
OTHER CREDIT ALLOWED BY THIS PART OTHER THAN A CREDIT ALLOWED BY SUBDI-
VISION (J) OF THIS SECTION, A TAXPAYER THAT HAS OBTAINED THE CERTIF-
S. 8063--A 7
ICATIONS IN ACCORDANCE WITH SUBDIVISION (B) OF SECTION TWENTY-FIVE-GG OF
THE GENERAL CITY LAW SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED
BY THIS PART. THE AMOUNT OF THE CREDIT SHALL BE THE AMOUNT DETERMINED BY
MULTIPLYING FIVE THOUSAND DOLLARS BY THE NUMBER OF ELIGIBLE AGGREGATE
EMPLOYMENT SHARES MAINTAINED BY THE TAXPAYER DURING THE TAXABLE YEAR
WITH RESPECT TO ELIGIBLE PREMISES TO WHICH THE TAXPAYER HAS RELOCATED;
PROVIDED, HOWEVER, THAT NO CREDIT SHALL BE ALLOWED FOR THE RELOCATION OF
ANY RETAIL ACTIVITY OR HOTEL SERVICES. FOR PURPOSES OF THIS SUBDIVISION,
THE TERMS "ELIGIBLE AGGREGATE EMPLOYMENT SHARES", "ELIGIBLE PREMISES",
"RELOCATE", "RETAIL ACTIVITY" AND "HOTEL SERVICES" SHALL HAVE THE MEAN-
INGS ASCRIBED BY SECTION TWENTY-FIVE-FF OF THE GENERAL CITY LAW.
(2) THE CREDIT ALLOWED UNDER THIS SUBDIVISION WITH RESPECT TO ELIGIBLE
AGGREGATE EMPLOYMENT SHARES MAINTAINED WITH RESPECT TO ELIGIBLE PREMISES
TO WHICH THE TAXPAYER HAS RELOCATED SHALL BE ALLOWED FOR THE TAXABLE
YEAR OF THE RELOCATION AND FOR ANY OF THE TEN SUCCEEDING TAXABLE YEARS
DURING WHICH ELIGIBLE AGGREGATE EMPLOYMENT SHARES ARE MAINTAINED WITH
RESPECT TO ELIGIBLE PREMISES; PROVIDED THAT THE CREDIT ALLOWED FOR THE
TENTH SUCCEEDING TAXABLE YEAR SHALL BE CALCULATED BY MULTIPLYING THE
NUMBER OF ELIGIBLE AGGREGATE EMPLOYMENT SHARES MAINTAINED WITH RESPECT
TO ELIGIBLE PREMISES IN THE TENTH SUCCEEDING TAXABLE YEAR BY THE LESSER
OF ONE AND A FRACTION THE NUMERATOR OF WHICH IS SUCH NUMBER OF DAYS IN
THE TAXABLE YEAR OF RELOCATION LESS THE NUMBER OF DAYS THE ELIGIBLE
BUSINESS MAINTAINED EMPLOYMENT SHARES IN ELIGIBLE PREMISES IN THE TAXA-
BLE YEAR OF RELOCATION AND THE DENOMINATOR OF WHICH IS THE NUMBER OF
DAYS IN SUCH TENTH SUCCEEDING TAXABLE YEAR DURING WHICH SUCH ELIGIBLE
AGGREGATE EMPLOYMENT SHARES ARE MAINTAINED WITH RESPECT TO SUCH PREM-
ISES.
(3) EXCEPT AS PROVIDED IN PARAGRAPH FOUR OF THIS SUBDIVISION, IF THE
AMOUNT OF THE CREDIT ALLOWABLE UNDER THIS SUBDIVISION FOR ANY TAXABLE
YEAR EXCEEDS THE TAX IMPOSED FOR SUCH YEAR, THE EXCESS MAY BE CARRIED
OVER, IN ORDER, TO THE FIVE IMMEDIATELY SUCCEEDING TAXABLE YEARS AND, TO
THE EXTENT NOT PREVIOUSLY DEDUCTIBLE, MAY BE DEDUCTED FROM THE TAXPAY-
ER'S TAX FOR SUCH YEARS.
(4) THE CREDITS ALLOWED UNDER THIS SUBDIVISION, AGAINST THE TAX
IMPOSED BY THIS CHAPTER FOR THE TAXABLE YEAR OF THE RELOCATION AND FOR
THE FOUR TAXABLE YEARS IMMEDIATELY SUCCEEDING THE TAXABLE YEAR OF SUCH
RELOCATION, SHALL BE DEEMED TO BE OVERPAYMENTS OF TAX BY THE TAXPAYER TO
BE CREDITED OR REFUNDED, WITHOUT INTEREST, IN ACCORDANCE WITH THE
PROVISIONS OF SECTION SEVENTY-SEVEN OF THIS TITLE. FOR SUCH TAXABLE
YEARS, SUCH CREDITS OR PORTIONS THEREOF MAY NOT BE CARRIED OVER TO ANY
SUCCEEDING TAXABLE YEAR.
(5) THE CREDIT ALLOWABLE UNDER THIS SUBDIVISION SHALL BE DEDUCTED
AFTER THE CREDITS ALLOWED BY SUBDIVISION (B) OF THIS SECTION, BUT PRIOR
TO THE DEDUCTION OF ANY OTHER CREDIT ALLOWED BY THIS SECTION.
§ 6. Section 11-503 of the administrative code of the city of New York
is amended by adding a new subdivision (r) to read as follows:
(R) RELOCATION ASSISTANCE CREDIT PER EMPLOYEE. (1) IN ADDITION TO ANY
OTHER CREDIT ALLOWED BY THIS SECTION OTHER THAN A CREDIT ALLOWED BY
SUBDIVISION (I) OF THIS SECTION, A TAXPAYER THAT HAS OBTAINED THE
CERTIFICATIONS REQUIRED BY CHAPTER SIX-E OF TITLE TWENTY-TWO OF THIS
CODE SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS CHAPTER.
THE AMOUNT OF THE CREDIT SHALL BE THE AMOUNT DETERMINED BY MULTIPLYING
FIVE THOUSAND DOLLARS BY THE NUMBER OF ELIGIBLE AGGREGATE EMPLOYMENT
SHARES MAINTAINED BY THE TAXPAYER DURING THE TAXABLE YEAR WITH RESPECT
TO ELIGIBLE PREMISES TO WHICH THE TAXPAYER HAS RELOCATED; PROVIDED,
HOWEVER, THAT NO CREDIT SHALL BE ALLOWED FOR THE RELOCATION OF ANY
S. 8063--A 8
RETAIL ACTIVITY OR HOTEL SERVICES. FOR PURPOSES OF THIS SUBDIVISION, THE
TERMS "ELIGIBLE AGGREGATE EMPLOYMENT SHARES", "ELIGIBLE PREMISES",
"RELOCATE", "RETAIL ACTIVITY" AND "HOTEL SERVICES" SHALL HAVE THE MEAN-
INGS ASCRIBED BY SECTION 22-627 OF THIS CODE.
(2) THE CREDIT ALLOWED UNDER THIS SUBDIVISION WITH RESPECT TO ELIGIBLE
AGGREGATE EMPLOYMENT SHARES MAINTAINED WITH RESPECT TO ELIGIBLE PREMISES
TO WHICH THE TAXPAYER HAS RELOCATED SHALL BE ALLOWED FOR THE TAXABLE
YEAR OF THE RELOCATION AND FOR ANY OF THE TEN SUCCEEDING TAXABLE YEARS
DURING WHICH ELIGIBLE AGGREGATE EMPLOYMENT SHARES ARE MAINTAINED WITH
RESPECT TO ELIGIBLE PREMISES; PROVIDED THAT THE CREDIT ALLOWED FOR THE
TENTH SUCCEEDING TAXABLE YEAR SHALL BE CALCULATED BY MULTIPLYING THE
NUMBER OF ELIGIBLE AGGREGATE EMPLOYMENT SHARES MAINTAINED WITH RESPECT
TO ELIGIBLE PREMISES IN THE TENTH SUCCEEDING TAXABLE YEAR BY THE LESSER
OF ONE AND A FRACTION THE NUMERATOR OF WHICH IS SUCH NUMBER OF DAYS IN
THE TAXABLE YEAR OF RELOCATION LESS THE NUMBER OF DAYS THE TAXPAYER
MAINTAINED EMPLOYMENT SHARES IN ELIGIBLE PREMISES IN THE TAXABLE YEAR OF
RELOCATION AND THE DENOMINATOR OF WHICH IS THE NUMBER OF DAYS IN SUCH
TENTH SUCCEEDING TAXABLE YEAR DURING WHICH SUCH ELIGIBLE AGGREGATE
EMPLOYMENT SHARES ARE MAINTAINED WITH RESPECT TO SUCH PREMISES.
(3) EXCEPT AS PROVIDED IN PARAGRAPH FOUR OF THIS SUBDIVISION, IF THE
AMOUNT OF THE CREDIT ALLOWABLE UNDER THIS SUBDIVISION FOR ANY TAXABLE
YEAR EXCEEDS THE TAX IMPOSED FOR SUCH YEAR, THE EXCESS MAY BE CARRIED
OVER, IN ORDER, TO THE FIVE IMMEDIATELY SUCCEEDING TAXABLE YEARS AND, TO
THE EXTENT NOT PREVIOUSLY DEDUCTIBLE, MAY BE DEDUCTED FROM THE TAXPAY-
ER'S TAX FOR SUCH YEARS.
(4) THE CREDITS ALLOWED UNDER THIS SUBDIVISION, AGAINST THE TAX
IMPOSED BY THIS CHAPTER FOR THE TAXABLE YEAR OF THE RELOCATION AND FOR
THE FOUR TAXABLE YEARS IMMEDIATELY SUCCEEDING THE TAXABLE YEAR OF SUCH
RELOCATION, SHALL BE DEEMED TO BE OVERPAYMENTS OF TAX BY THE TAXPAYER TO
BE CREDITED OR REFUNDED, WITHOUT INTEREST, IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 11-526 OF THIS TITLE. FOR SUCH TAXABLE YEARS, SUCH
CREDITS OR PORTIONS THEREOF MAY NOT BE CARRIED OVER TO ANY SUCCEEDING
TAXABLE YEAR.
(5) THE CREDIT ALLOWABLE UNDER THIS SUBDIVISION SHALL BE DEDUCTED
AFTER THE CREDITS ALLOWED BY SUBDIVISIONS (B) AND (J) OF THIS SECTION,
BUT PRIOR TO THE DEDUCTION OF ANY OTHER CREDIT ALLOWED BY THIS SECTION.
§ 7. Section 11-604 of the administrative code of the city of New York
is amended by adding a new subdivision 24 to read as follows:
24. RELOCATION ASSISTANCE CREDIT PER EMPLOYEE. (A) IN ADDITION TO ANY
OTHER CREDIT ALLOWED BY THIS SECTION OTHER THAN A CREDIT ALLOWED BY
SUBDIVISION SEVENTEEN OF THIS SECTION, A TAXPAYER THAT HAS OBTAINED THE
CERTIFICATIONS REQUIRED BY CHAPTER SIX-E OF TITLE TWENTY-TWO OF THIS
CODE SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS CHAPTER.
THE AMOUNT OF THE CREDIT SHALL BE THE AMOUNT DETERMINED BY MULTIPLYING
FIVE THOUSAND DOLLARS BY THE NUMBER OF ELIGIBLE AGGREGATE EMPLOYMENT
SHARES MAINTAINED BY THE TAXPAYER DURING THE TAXABLE YEAR WITH RESPECT
TO ELIGIBLE PREMISES TO WHICH THE TAXPAYER HAS RELOCATED; PROVIDED,
HOWEVER, THAT NO CREDIT SHALL BE ALLOWED FOR THE RELOCATION OF ANY
RETAIL ACTIVITY OR HOTEL SERVICES. FOR PURPOSES OF THIS SUBDIVISION, THE
TERMS "ELIGIBLE AGGREGATE EMPLOYMENT SHARES", "ELIGIBLE PREMISES",
"RELOCATE", "RETAIL ACTIVITY" AND "HOTEL SERVICES" SHALL HAVE THE MEAN-
INGS ASCRIBED BY SECTION 22-627 OF THIS CODE.
(B) THE CREDIT ALLOWED UNDER THIS SUBDIVISION WITH RESPECT TO ELIGIBLE
AGGREGATE EMPLOYMENT SHARES MAINTAINED WITH RESPECT TO ELIGIBLE PREMISES
TO WHICH THE TAXPAYER HAS RELOCATED SHALL BE ALLOWED FOR THE TAXABLE
YEAR OF THE RELOCATION AND FOR ANY OF THE TEN SUCCEEDING TAXABLE YEARS
S. 8063--A 9
DURING WHICH ELIGIBLE AGGREGATE EMPLOYMENT SHARES ARE MAINTAINED WITH
RESPECT TO ELIGIBLE PREMISES; PROVIDED THAT THE CREDIT ALLOWED FOR THE
TENTH SUCCEEDING TAXABLE YEAR SHALL BE CALCULATED BY MULTIPLYING THE
NUMBER OF ELIGIBLE AGGREGATE EMPLOYMENT SHARES MAINTAINED WITH RESPECT
TO ELIGIBLE PREMISES IN THE TENTH SUCCEEDING TAXABLE YEAR BY THE LESSER
OF ONE AND A FRACTION THE NUMERATOR OF WHICH IS SUCH NUMBER OF DAYS IN
THE TAXABLE YEAR OF RELOCATION LESS THE NUMBER OF DAYS THE TAXPAYER
MAINTAINED EMPLOYMENT SHARES IN ELIGIBLE PREMISES IN THE TAXABLE YEAR OF
RELOCATION AND THE DENOMINATOR OF WHICH IS THE NUMBER OF DAYS IN SUCH
TENTH TAXABLE YEAR DURING WHICH SUCH ELIGIBLE AGGREGATE EMPLOYMENT
SHARES ARE MAINTAINED WITH RESPECT TO SUCH PREMISES.
(C) EXCEPT AS PROVIDED IN PARAGRAPH (D) OF THIS SUBDIVISION, IF THE
AMOUNT OF THE CREDIT ALLOWABLE UNDER THIS SUBDIVISION FOR ANY TAXABLE
YEAR EXCEEDS THE TAX IMPOSED FOR SUCH YEAR, THE EXCESS MAY BE CARRIED
OVER, IN ORDER, TO THE FIVE IMMEDIATELY SUCCEEDING TAXABLE YEARS AND, TO
THE EXTENT NOT PREVIOUSLY DEDUCTIBLE, MAY BE DEDUCTED FROM THE TAXPAY-
ER'S TAX FOR SUCH YEARS.
(D) THE CREDITS ALLOWED UNDER THIS SUBDIVISION, AGAINST THE TAX
IMPOSED BY THIS CHAPTER FOR THE TAXABLE YEAR OF THE RELOCATION AND FOR
THE FOUR TAXABLE YEARS IMMEDIATELY SUCCEEDING THE TAXABLE YEAR OF SUCH
RELOCATION, SHALL BE DEEMED TO BE OVERPAYMENTS OF TAX BY THE TAXPAYER TO
BE CREDITED OR REFUNDED, WITHOUT INTEREST, IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 11-677 OF THIS CHAPTER. FOR SUCH TAXABLE YEARS,
SUCH CREDITS OR PORTIONS THEREOF MAY NOT BE CARRIED OVER TO ANY SUCCEED-
ING TAXABLE YEAR.
(E) THE CREDIT ALLOWABLE UNDER THIS SUBDIVISION SHALL BE DEDUCTED
AFTER THE CREDIT ALLOWED BY SUBDIVISION EIGHTEEN OF THIS SECTION, BUT
PRIOR TO THE DEDUCTION OF ANY OTHER CREDIT ALLOWED BY THIS SECTION.
§ 8. The administrative code of the city of New York is amended by
adding a new section 11-643.10 to read as follows:
§ 11-643.10 RELOCATION ASSISTANCE CREDIT PER EMPLOYEE. (A) IN ADDITION
TO ANY OTHER CREDIT ALLOWED BY THIS PART OTHER THAN A CREDIT ALLOWED BY
SECTION 11-643.7 OF THIS PART, A TAXPAYER THAT HAS OBTAINED THE CERTIF-
ICATIONS REQUIRED BY CHAPTER SIX-E OF TITLE TWENTY-TWO OF THIS CODE
SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS PART. THE
AMOUNT OF THE CREDIT SHALL BE THE AMOUNT DETERMINED BY MULTIPLYING FIVE
THOUSAND DOLLARS BY THE NUMBER OF ELIGIBLE AGGREGATE EMPLOYMENT SHARES
MAINTAINED BY THE TAXPAYER DURING THE TAXABLE YEAR WITH RESPECT TO
ELIGIBLE PREMISES TO WHICH THE TAXPAYER HAS RELOCATED; PROVIDED, HOWEV-
ER, THAT NO CREDIT SHALL BE ALLOWED FOR THE RELOCATION OF ANY RETAIL
ACTIVITY OR HOTEL SERVICES. FOR PURPOSES OF THIS SECTION, THE TERMS
"ELIGIBLE AGGREGATE EMPLOYMENT SHARES", "ELIGIBLE PREMISES", "RELOCATE",
"RETAIL ACTIVITY" AND "HOTEL SERVICES" SHALL HAVE THE MEANINGS ASCRIBED
BY SECTION 22-627 OF THIS CODE.
(B) THE CREDIT ALLOWED UNDER THIS SECTION WITH RESPECT TO ELIGIBLE
AGGREGATE EMPLOYMENT SHARES MAINTAINED WITH RESPECT TO ELIGIBLE PREMISES
TO WHICH THE TAXPAYER HAS RELOCATED SHALL BE ALLOWED FOR THE TAXABLE
YEAR OF THE RELOCATION AND FOR ANY OF THE TEN SUCCEEDING TAXABLE YEARS
DURING WHICH ELIGIBLE AGGREGATE EMPLOYMENT SHARES ARE MAINTAINED WITH
RESPECT TO ELIGIBLE PREMISES; PROVIDED THAT THE CREDIT ALLOWED FOR THE
TENTH SUCCEEDING TAXABLE YEAR SHALL BE CALCULATED BY MULTIPLYING THE
NUMBER OF ELIGIBLE AGGREGATE EMPLOYMENT SHARES MAINTAINED WITH RESPECT
TO ELIGIBLE PREMISES IN THE TENTH SUCCEEDING TAXABLE YEAR BY THE LESSER
OF ONE AND A FRACTION THE NUMERATOR OF WHICH IS SUCH NUMBER OF DAYS IN
THE TAXABLE YEAR OF RELOCATION LESS THE NUMBER OF DAYS THE TAXPAYER
MAINTAINED EMPLOYMENT SHARES IN ELIGIBLE PREMISES IN THE TAXABLE YEAR OF
S. 8063--A 10
RELOCATION AND THE DENOMINATOR OF WHICH IS THE NUMBER OF DAYS IN SUCH
TENTH SUCCEEDING TAXABLE YEAR DURING WHICH SUCH ELIGIBLE AGGREGATE
EMPLOYMENT SHARES ARE MAINTAINED WITH RESPECT TO SUCH PREMISES.
(C) EXCEPT AS PROVIDED IN SUBDIVISION (D) OF THIS SECTION, IF THE
AMOUNT OF THE CREDIT ALLOWABLE UNDER THIS SECTION FOR ANY TAXABLE YEAR
EXCEEDS THE TAX IMPOSED FOR SUCH YEAR, THE EXCESS MAY BE CARRIED OVER,
IN ORDER, TO THE FIVE IMMEDIATELY SUCCEEDING TAXABLE YEARS AND, TO THE
EXTENT NOT PREVIOUSLY DEDUCTIBLE, MAY BE DEDUCTED FROM THE TAXPAYER'S
TAX FOR SUCH YEARS.
(D) THE CREDITS ALLOWED UNDER THIS SECTION, AGAINST THE TAX IMPOSED BY
THIS CHAPTER FOR THE TAXABLE YEAR OF THE RELOCATION AND FOR THE FOUR
TAXABLE YEARS IMMEDIATELY SUCCEEDING THE TAXABLE YEAR OF SUCH RELO-
CATION, SHALL BE DEEMED TO BE OVERPAYMENTS OF TAX BY THE TAXPAYER TO BE
CREDITED OR REFUNDED, WITHOUT INTEREST, IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 11-677 OF THIS CHAPTER. FOR SUCH TAXABLE YEARS,
SUCH CREDITS OR PORTIONS THEREOF MAY NOT BE CARRIED OVER TO ANY SUCCEED-
ING TAXABLE YEAR.
(E) THE CREDIT ALLOWABLE UNDER THIS SECTION SHALL BE DEDUCTED AFTER
THE CREDIT ALLOWED BY SECTION 11-643.8 OF THIS PART, BUT PRIOR TO THE
DEDUCTION OF ANY OTHER CREDIT ALLOWED BY THIS PART.
§ 9. Section 11-654 of the administrative code of the city of New York
is amended by adding a new subdivision 24 to read as follows:
24. RELOCATION ASSISTANCE CREDIT PER EMPLOYEE. (A) IN ADDITION TO ANY
OTHER CREDIT ALLOWED BY THIS SECTION OTHER THAN A CREDIT ALLOWED BY
SUBDIVISION SEVENTEEN OF THIS SECTION, A TAXPAYER THAT HAS OBTAINED THE
CERTIFICATIONS REQUIRED BY CHAPTER SIX-E OF TITLE TWENTY-TWO OF THIS
CODE SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS SUBCHAP-
TER. THE AMOUNT OF THE CREDIT SHALL BE THE AMOUNT DETERMINED BY MULTI-
PLYING FIVE THOUSAND DOLLARS BY THE NUMBER OF ELIGIBLE AGGREGATE EMPLOY-
MENT SHARES MAINTAINED BY THE TAXPAYER DURING THE TAXABLE YEAR WITH
RESPECT TO ELIGIBLE PREMISES TO WHICH THE TAXPAYER HAS RELOCATED;
PROVIDED, HOWEVER, THAT NO CREDIT SHALL BE ALLOWED FOR THE RELOCATION OF
ANY RETAIL ACTIVITY OR HOTEL SERVICES. FOR PURPOSES OF THIS SUBDIVISION,
THE TERMS "ELIGIBLE AGGREGATE EMPLOYMENT SHARES", "ELIGIBLE PREMISES",
"RELOCATE", "RETAIL ACTIVITY" AND "HOTEL SERVICES" SHALL HAVE THE MEAN-
INGS ASCRIBED BY SECTION 22-627 OF THIS CODE.
(B) THE CREDIT ALLOWED UNDER THIS SUBDIVISION WITH RESPECT TO ELIGIBLE
AGGREGATE EMPLOYMENT SHARES MAINTAINED WITH RESPECT TO ELIGIBLE PREMISES
TO WHICH THE TAXPAYER HAS RELOCATED SHALL BE ALLOWED FOR THE TAXABLE
YEAR OF THE RELOCATION AND FOR ANY OF THE TEN SUCCEEDING TAXABLE YEARS
DURING WHICH ELIGIBLE AGGREGATE EMPLOYMENT SHARES ARE MAINTAINED WITH
RESPECT TO ELIGIBLE PREMISES; PROVIDED THAT THE CREDIT ALLOWED FOR THE
TENTH SUCCEEDING TAXABLE YEAR SHALL BE CALCULATED BY MULTIPLYING THE
NUMBER OF ELIGIBLE AGGREGATE EMPLOYMENT SHARES MAINTAINED WITH RESPECT
TO ELIGIBLE PREMISES IN THE TENTH SUCCEEDING TAXABLE YEAR BY THE LESSER
OF ONE AND A FRACTION THE NUMERATOR OF WHICH IS SUCH NUMBER OF DAYS IN
THE TAXABLE YEAR OF RELOCATION LESS THE NUMBER OF DAYS THE TAXPAYER
MAINTAINED EMPLOYMENT SHARES IN ELIGIBLE PREMISES IN THE TAXABLE YEAR OF
RELOCATION AND THE DENOMINATOR OF WHICH IS THE NUMBER OF DAYS IN SUCH
TENTH TAXABLE YEAR DURING WHICH SUCH ELIGIBLE AGGREGATE EMPLOYMENT
SHARES ARE MAINTAINED WITH RESPECT TO SUCH PREMISES.
(C) EXCEPT AS PROVIDED IN PARAGRAPH (D) OF THIS SUBDIVISION, IF THE
AMOUNT OF THE CREDIT ALLOWABLE UNDER THIS SUBDIVISION FOR ANY TAXABLE
YEAR EXCEEDS THE TAX IMPOSED FOR SUCH YEAR, THE EXCESS MAY BE CARRIED
OVER, IN ORDER, TO THE FIVE IMMEDIATELY SUCCEEDING TAXABLE YEARS AND, TO
S. 8063--A 11
THE EXTENT NOT PREVIOUSLY DEDUCTIBLE, MAY BE DEDUCTED FROM THE TAXPAY-
ER'S TAX FOR SUCH YEARS.
(D) THE CREDITS ALLOWED UNDER THIS SUBDIVISION, AGAINST THE TAX
IMPOSED BY THIS CHAPTER FOR THE TAXABLE YEAR OF THE RELOCATION AND FOR
THE FOUR TAXABLE YEARS IMMEDIATELY SUCCEEDING THE TAXABLE YEAR OF SUCH
RELOCATION, SHALL BE DEEMED TO BE OVERPAYMENTS OF TAX BY THE TAXPAYER TO
BE CREDITED OR REFUNDED, WITHOUT INTEREST, IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 11-677 OF THIS CHAPTER. FOR SUCH TAXABLE YEARS,
SUCH CREDITS OR PORTIONS THEREOF MAY NOT BE CARRIED OVER TO ANY SUCCEED-
ING TAXABLE YEAR.
(E) THE CREDIT ALLOWABLE UNDER THIS SUBDIVISION SHALL BE DEDUCTED
AFTER THE CREDIT ALLOWED BY SUBDIVISION EIGHTEEN OF THIS SECTION, BUT
PRIOR TO THE DEDUCTION OF ANY OTHER CREDIT ALLOWED BY THIS SECTION.
§ 10. The opening paragraph of subdivision (b) of section 22-622 of
the administrative code of the city of New York, as amended by section 3
of part RR of chapter 56 of the laws of 2020, is amended to read as
follows:
No eligible business shall be authorized to receive a credit against
tax or a reduction in base rent subject to tax under the provisions of
this chapter, and of title eleven of the code as described in subdivi-
sion (a) of this section, until the premises with respect to which it is
claiming the credit meet the requirements in the definition of eligible
premises and until it has obtained a certification of eligibility from
the mayor or an agency designated by the mayor, and an annual certif-
ication from the mayor or an agency designated by the mayor as to the
number of eligible aggregate employment shares maintained by such eligi-
ble business that may qualify for obtaining a tax credit for the eligi-
ble [business'] BUSINESS'S taxable year. Any written documentation
submitted to the mayor or such agency or agencies in order to obtain any
such certification shall be deemed a written instrument for purposes of
section 175.00 of the penal law. Application fees for such certif-
ications shall be determined by the mayor or such agency or agencies. No
certification of eligibility shall be issued to an eligible business on
or after July first, two thousand [twenty-five] TWENTY-EIGHT unless:
§ 11. The opening paragraph of subdivision (b) of section 22-624 of
the administrative code of the city of New York, as amended by section 5
of part RR of chapter 56 of the laws of 2020, is amended to read as
follows:
No eligible business or special eligible business shall be authorized
to receive a credit against tax under the provisions of this chapter,
and of title eleven of the code as described in subdivision (a) of this
section, until the premises with respect to which it is claiming the
credit meet the requirements in the definition of eligible premises and
until it has obtained a certification of eligibility from the mayor or
an agency designated by the mayor, and an annual certification from the
mayor or an agency designated by the mayor as to the number of eligible
aggregate employment shares maintained by such eligible business or
special eligible business that may qualify for obtaining a tax credit
for the eligible [business'] BUSINESS'S taxable year. No special eligi-
ble business shall be authorized to receive a credit against tax under
the provisions of this chapter and of title eleven of the code unless
the number of relocated employee base shares calculated pursuant to
subdivision (o) of section 22-623 of this chapter is equal to or greater
than the lesser of twenty-five percent of the number of New York city
base shares calculated pursuant to subdivision (p) of such section
22-623, and two hundred fifty employment shares. Any written documenta-
S. 8063--A 12
tion submitted to the mayor or such agency or agencies in order to
obtain any such certification shall be deemed a written instrument for
purposes of section 175.00 of the penal law. Application fees for such
certifications shall be determined by the mayor or such agency or agen-
cies. No certification of eligibility shall be issued to an eligible
business on or after July first, two thousand [twenty-five] TWENTY-EIGHT
unless:
§ 12. Title 22 of the administrative code of the city of New York is
amended by adding a new chapter 6-E to read as follows:
CHAPTER 6-E
RELOCATION ASSISTANCE CREDIT PER EMPLOYEE
SECTION 22-627 DEFINITIONS.
22-628 AUTHORIZATION TO PROVIDE RELOCATION ASSISTANCE CREDIT PER
EMPLOYEE.
§ 22-627 DEFINITIONS. WHEN USED IN THIS CHAPTER, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "AGGREGATE EMPLOYMENT SHARES" MEANS THE SUM OF ALL EMPLOYMENT
SHARES MAINTAINED BY AN ELIGIBLE BUSINESS IN A TAXABLE YEAR.
(B) "ELIGIBLE AGGREGATE EMPLOYMENT SHARES" MEANS, IN THE CASE OF AN
ELIGIBLE BUSINESS, THE AMOUNT, IF ANY, OF AGGREGATE EMPLOYMENT SHARES
MAINTAINED BY AN ELIGIBLE BUSINESS IN ELIGIBLE PREMISES IN THE TAXABLE
YEAR IN WHICH SUCH ELIGIBLE BUSINESS CLAIMS A CREDIT PURSUANT TO SECTION
22-628 OF THIS CHAPTER; PROVIDED, HOWEVER, THAT:
(1) SUCH AMOUNT SHALL NOT EXCEED THE LESSER OF:
(I) THE NUMBER OF AGGREGATE EMPLOYMENT SHARES MAINTAINED BY SUCH
ELIGIBLE BUSINESS IN ELIGIBLE PREMISES IN THE TAXABLE YEAR DURING WHICH
SUCH ELIGIBLE BUSINESS RELOCATES;
(II) THE MAXIMUM APPROVED EMPLOYMENT SHARES FOR SUCH ELIGIBLE BUSI-
NESS; OR
(III) AN AMOUNT EQUAL TO THE PRODUCT OF MULTIPLYING THE AGGREGATE
EMPLOYMENT SHARES AND THE LINEAR SCALAR FOR SUCH ELIGIBLE BUSINESS IN
SUCH TAX YEAR; AND
(2) A FULL-TIME WORK WEEK OR PART-TIME WORK WEEK AT ELIGIBLE PREMISES
PRIOR TO THE DATE OF RELOCATION SHALL NOT BE TAKEN INTO ACCOUNT IN
DETERMINING ELIGIBLE AGGREGATE EMPLOYMENT SHARES.
(C) "ELIGIBLE BUSINESS" MEANS ANY PERSON SUBJECT TO A TAX IMPOSED
UNDER CHAPTER FIVE, SUBCHAPTER TWO, THREE OR THREE-A OF CHAPTER SIX OF
TITLE ELEVEN OF THIS CODE, THAT:
(1) HAS BEEN CONDUCTING SUBSTANTIAL BUSINESS OPERATIONS AT ONE OR MORE
BUSINESS LOCATIONS OUTSIDE OF NEW YORK STATE FOR THE TWENTY-FOUR CONSEC-
UTIVE MONTHS IMMEDIATELY PRECEDING THE TAXABLE YEAR DURING WHICH SUCH
ELIGIBLE BUSINESS RELOCATES BUT HAS NOT MAINTAINED EMPLOYMENT SHARES AT
PREMISES IN NEW YORK STATE AT ANY TIME DURING THE PERIOD BEGINNING JANU-
ARY FIRST, TWO THOUSAND TWENTY-FIVE AND ENDING ON THE DATE SUCH BUSINESS
ENTERS INTO A LEASE OR A CONTRACT TO PURCHASE THE PREMISES THAT WILL
QUALIFY AS ELIGIBLE PREMISES PURSUANT TO THIS CHAPTER; AND
(2) ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-FIVE RELOCATES ALL OR
PART OF SUCH BUSINESS OPERATIONS.
(D) "ELIGIBLE PREMISES" MEANS ONE OR MORE NON-RESIDENTIAL PREMISES
THAT CONSIST OF AT LEAST TEN THOUSAND SQUARE FEET THAT ARE:
(1) WHOLLY CONTAINED IN REAL PROPERTY LOCATED IN THE CITY OF NEW YORK;
AND
S. 8063--A 13
(2) IF CONTAINED IN REAL PROPERTY WHOLLY CONTAINED IN THE BOROUGH OF
MANHATTAN, ARE PREMISES FOR WHICH FINAL CERTIFICATES OF OCCUPANCY WERE
ISSUED PRIOR TO JANUARY FIRST, TWO THOUSAND.
(E) "EMPLOYMENT SHARE" MEANS, FOR EACH EMPLOYEE, PARTNER OR SOLE
PROPRIETOR OF AN ELIGIBLE BUSINESS, THE SUM OF: (1) THE NUMBER OF FULL-
TIME WORK WEEKS WORKED BY SUCH EMPLOYEE, PARTNER OR SOLE PROPRIETOR
DURING THE ELIGIBLE BUSINESS'S TAXABLE YEAR DIVIDED BY THE NUMBER OF
WEEKS IN THE TAXABLE YEAR; AND (2) THE NUMBER OF PART-TIME WORK WEEKS
WORKED BY SUCH EMPLOYEE, PARTNER OR SOLE PROPRIETOR DURING THE ELIGIBLE
BUSINESS'S TAXABLE YEAR DIVIDED BY AN AMOUNT EQUAL TO TWICE THE NUMBER
OF WEEKS IN THE TAXABLE YEAR. EMPLOYMENT SHARE SHALL NOT INCLUDE FULL-
TIME OR PART-TIME WORK WEEKS ATTRIBUTABLE TO EMPLOYEES, PARTNERS OR SOLE
PROPRIETORS ACQUIRED BY AN ELIGIBLE BUSINESS AS A RESULT OF A MERGER
WITH, ACQUISITION OF ANOTHER PERSON, OR A TRANSACTION HAVING A COMPARA-
BLE EFFECT, THAT OCCURS AFTER JUNE THIRTIETH, TWO THOUSAND TWENTY-FIVE,
AND BEFORE THE END OF THE TAXABLE YEAR IN WHICH A CREDIT IS CLAIMED BY
SUCH ELIGIBLE BUSINESS PURSUANT TO THIS SECTION, OR TO SUCCESSORS, IF
ANY, TO THOSE EMPLOYEES, PARTNERS OR SOLE PROPRIETORS.
(F) "FULL-TIME WORK WEEK" MEANS A WEEK DURING WHICH AT LEAST THIRTY-
FIVE HOURS OF GAINFUL WORK HAS BEEN PERFORMED BY AN EMPLOYEE, PARTNER OR
SOLE PROPRIETOR.
(G) "HOTEL SERVICES" MEANS ANY SERVICES THAT CONSIST PREDOMINATELY OF
THE LODGING OF GUESTS AT A BUILDING OR A PORTION THEREOF THAT IS REGU-
LARLY USED AND KEPT OPEN FOR SUCH SERVICES. HOTEL SERVICES SHALL INCLUDE
THE LODGING OF GUESTS AT AN APARTMENT HOTEL, A MOTEL, BOARDING HOUSE OR
CLUB, WHETHER OR NOT MEALS ARE SERVED.
(H) "LINEAR SCALAR" MEANS, FOR AN ELIGIBLE BUSINESS IN A TAXABLE YEAR,
THE QUOTIENT OF DIVIDING:
(1) THE TOTAL SQUARE FOOTAGE OF AN ELIGIBLE PREMISES; BY
(2) THE PRODUCT OF MULTIPLYING ONE HUNDRED SEVENTY-FIVE BY SUCH BUSI-
NESS'S AGGREGATE EMPLOYMENT SHARES.
(I) "MAXIMUM APPROVED EMPLOYMENT SHARES" MEANS A LIMITATION ON THE
AGGREGATE EMPLOYMENT SHARES THAT AN ELIGIBLE BUSINESS MAY RECEIVE IN ANY
TAXABLE YEAR DETERMINED BY THE MAYOR PURSUANT TO SECTION 22-628 OF THIS
CHAPTER BASED ON DOCUMENTATION SUBMITTED BY SUCH BUSINESS DEMONSTRATING
SUCH BUSINESS'S INTENTION TO RELOCATE. THE MAXIMUM APPROVED EMPLOYMENT
SHARES IS THE NUMBER OF AGGREGATE EMPLOYMENT SHARES SUCH BUSINESS
INTENDS TO RELOCATE AS INDICATED BY THE MAYOR ON THE APPLICABLE INITIAL
CERTIFICATION OF ELIGIBILITY.
(J) "MAYOR" MEANS THE MAYOR, OR AN AGENCY AS DESIGNATED BY THE MAYOR.
(K) "PART-TIME WORK WEEK" MEANS A WEEK DURING WHICH AT LEAST FIFTEEN
BUT LESS THAN THIRTY-FIVE HOURS OF GAINFUL WORK HAS BEEN PERFORMED BY AN
EMPLOYEE, PARTNER OR SOLE PROPRIETOR.
(L) "PERSON" INCLUDES ANY INDIVIDUAL, PARTNERSHIP, ASSOCIATION, JOINT-
STOCK COMPANY, CORPORATION, ESTATE OR TRUST, LIMITED LIABILITY COMPANY,
AND ANY COMBINATION OF THE FOREGOING.
(M) "PROGRAM TOTAL" MEANS THE SUM OF MAXIMUM APPROVED AGGREGATE
EMPLOYMENT SHARES INCLUDED IN ALL INITIAL CERTIFICATION OF ELIGIBILITY
ISSUED BY THE MAYOR.
(N) "RELOCATE" MEANS, WITH RESPECT TO AN ELIGIBLE BUSINESS, TO TRANS-
FER A PRE-EXISTING BUSINESS OPERATION TO AN ELIGIBLE PREMISES, OR TO
ESTABLISH A NEW BUSINESS OPERATION AT SUCH PREMISES, PROVIDED THAT AN
ELIGIBLE BUSINESS SHALL NOT BE DEEMED TO HAVE RELOCATED UNLESS AT LEAST
ONE EMPLOYEE, PARTNER OR SOLE PROPRIETOR OF THE ELIGIBLE BUSINESS IS
TRANSFERRED TO SUCH PREMISES FROM A PRE-EXISTING BUSINESS OPERATION
CONDUCTED OUTSIDE THE STATE OF NEW YORK. THE DATE OF RELOCATION SHALL BE
S. 8063--A 14
THE FIRST DAY ON WHICH THE INDIVIDUAL SO TRANSFERRED COMMENCES WORK AT
SUCH ELIGIBLE PREMISES. THE TAXABLE YEAR OF RELOCATION SHALL BE THE
TAXABLE YEAR IN WHICH THE DATE OF RELOCATION OCCURS. FOR PURPOSES OF
THIS CHAPTER, AN ELIGIBLE BUSINESS MAY RELOCATE ONLY ONCE BUT MAY ADD OR
SUBSTITUTE OTHER ELIGIBLE PREMISES THROUGHOUT SUCH PERIOD.
(O) "RETAIL ACTIVITY" MEANS ANY ACTIVITY WHICH CONSISTS PREDOMINATELY
OF:
(1) THE SALE, OTHER THAN THROUGH THE MAIL OR BY THE TELEPHONE OR BY
MEANS OF THE INTERNET, OF TANGIBLE PERSONAL PROPERTY TO A PERSON, FOR
ANY PURPOSE UNRELATED TO THE TRADE OR BUSINESS OF SUCH PERSON;
(2) THE SELLING OF A SERVICE TO AN INDIVIDUAL WHICH GENERALLY INVOLVES
THE PHYSICAL, MENTAL OR SPIRITUAL CARE OF SUCH INDIVIDUAL;
(3) THE PHYSICAL CARE OF THE PERSONAL PROPERTY OF ANY PERSON UNRELATED
TO THE TRADE OR BUSINESS OF SUCH PERSON; OR
(4) THE PROVISION OF A RETAIL BANKING SERVICE.
§ 22-628 AUTHORIZATION TO PROVIDE RELOCATION ASSISTANCE CREDIT PER
EMPLOYEE. (A) AN ELIGIBLE BUSINESS THAT RELOCATES SHALL BE ALLOWED TO
RECEIVE A CREDIT AGAINST A TAX IMPOSED BY CHAPTER FIVE, SUBCHAPTER TWO,
THREE OR THREE-A OF CHAPTER SIX OF TITLE ELEVEN OF THIS CODE, AS
DESCRIBED IN SUBDIVISION (R) OF SECTION 11-503, SUBDIVISION TWENTY-FOUR
OF SECTION 11-604, SECTION 11-643.10, OR SUBDIVISION TWENTY-FOUR OF
SECTION 11-654 OF THIS CODE.
(B) NO ELIGIBLE BUSINESS SHALL BE AUTHORIZED TO RECEIVE A CREDIT
AGAINST TAX UNDER THE PROVISIONS OF THIS CHAPTER AND OF TITLE ELEVEN OF
THIS CODE AS DESCRIBED IN SUBDIVISION (A) OF THIS SECTION, UNLESS THE
PREMISES WITH RESPECT TO WHICH IT IS CLAIMING THE CREDIT ARE ELIGIBLE
PREMISES AND UNTIL IT HAS OBTAINED AN INITIAL CERTIFICATION OF ELIGIBIL-
ITY FROM THE MAYOR AND AN ANNUAL CERTIFICATION FROM THE MAYOR AS TO THE
NUMBER OF ELIGIBLE AGGREGATE EMPLOYMENT SHARES MAINTAINED BY SUCH ELIGI-
BLE BUSINESS THAT MAY QUALIFY FOR OBTAINING A TAX CREDIT FOR THE ELIGI-
BLE BUSINESS'S TAXABLE YEAR. EACH INITIAL CERTIFICATION OF ELIGIBILITY
SHALL INCLUDE THE MAXIMUM APPROVED EMPLOYMENT SHARES FOR THE ELIGIBLE
BUSINESS, WHICH SHALL NOT EXCEED FIVE HUNDRED EMPLOYMENT SHARES. ANY
WRITTEN DOCUMENTATION SUBMITTED TO THE MAYOR IN ORDER TO OBTAIN ANY SUCH
CERTIFICATION SHALL BE DEEMED A WRITTEN INSTRUMENT FOR PURPOSES OF
SECTION 175.00 OF THE PENAL LAW. AN APPLICATION FEE FOR SUCH CERTIF-
ICATION SHALL BE DETERMINED BY THE MAYOR. NO INITIAL CERTIFICATION OF
ELIGIBILITY SHALL BE ISSUED TO AN ELIGIBLE BUSINESS ON OR AFTER JULY
FIRST, TWO THOUSAND TWENTY-EIGHT UNLESS:
(1) PRIOR TO SUCH DATE SUCH BUSINESS HAS PURCHASED, LEASED OR ENTERED
INTO A CONTRACT TO PURCHASE OR LEASE ELIGIBLE PREMISES;
(2) PRIOR TO SUCH DATE SUCH BUSINESS SUBMITS A PRELIMINARY APPLICATION
FOR AN INITIAL CERTIFICATION OF ELIGIBILITY TO SUCH MAYOR WITH RESPECT
TO A PROPOSED RELOCATION TO SUCH PREMISES;
(3) SUCH BUSINESS ENTERS INTO A LEASE OR CONTRACT TO PURCHASE AN
ELIGIBLE PREMISES BETWEEN THE DATE THAT SUCH BUSINESS SUBMITS SUCH
PRELIMINARY APPLICATION AND THREE MONTHS THEREAFTER; AND
(4) SUCH BUSINESS RELOCATES TO SUCH PREMISES NOT LATER THAN THIRTY-SIX
MONTHS FROM THE DATE OF SUBMISSION OF SUCH PRELIMINARY APPLICATION.
(C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE MAYOR
SHALL NOT ISSUE AN INITIAL CERTIFICATION OF ELIGIBILITY THAT WOULD CAUSE
THE PROGRAM TOTAL TO EXCEED THREE THOUSAND MAXIMUM APPROVED EMPLOYMENT
SHARES. THE MAYOR SHALL APPROVE SUCH APPLICATIONS ON A FIRST-COME,
FIRST-SERVE BASIS AMONG ELIGIBLE BUSINESSES IN ACCORDANCE WITH RULES
PROMULGATED PURSUANT TO SUBDIVISION (D) OF THIS SECTION. THE MAYOR SHALL
INCLUDE ON THE MAYOR'S WEBSITE AN INDICATION REGARDING WHETHER THE
S. 8063--A 15
PROGRAM TOTAL HAS REACHED THREE THOUSAND MAXIMUM APPROVED EMPLOYMENT
SHARES.
(D) THE MAYOR SHALL BE AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
TO ADMINISTER AND ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS CHAPTER,
INCLUDING BUT NOT LIMITED TO RULES AND REGULATIONS TO PROVIDE FOR ALTER-
NATIVE METHODS TO MEASURE EMPLOYMENT SHARES IN INSTANCES WHERE AN ELIGI-
BLE BUSINESS IS NOT REQUIRED BY LAW TO MAINTAIN WEEKLY RECORDS OF FULL-
TIME WORK WEEKS AND PART-TIME WORK WEEKS OF EMPLOYEES, PARTNERS OR SOLE
PROPRIETORS.
(E) FOR THE DURATION OF THE BENEFIT PERIOD, THE RECIPIENT OF A CREDIT
SHALL FILE AN APPLICATION FOR AN ANNUAL CERTIFICATION EACH YEAR DEMON-
STRATING SUCH RECIPIENT'S ELIGIBILITY FOR SUCH CREDIT AND THE AVERAGE
WAGE AND BENEFITS OFFERED TO THE APPLICABLE RELOCATED EMPLOYEES USED IN
DETERMINING ELIGIBLE AGGREGATE EMPLOYMENT SHARES. SUCH MAYOR SHALL HAVE
THE AUTHORITY TO REQUIRE THAT STATEMENTS FILED UNDER THIS SUBDIVISION BE
FILED ELECTRONICALLY AND THAT SUCH STATEMENTS BE CERTIFIED.
§ 13. No later than April first of each year, the mayor of a city
which has adopted a local law authorized under article 2-H, article 2-J,
or article 2-K of the general city law, also known as the relocation and
employment assistance program, the lower Manhattan relocation and
employment assistance program, and the relocation assistance credit per
employee program shall submit a report to the governor, the temporary
president of the senate, and the speaker of the assembly. Such report
shall include, but need not be limited to, the following information for
each assistance program for the most recent taxable year:
(a) the total number of eligible businesses or special eligible busi-
nesses that applied for a certificate of eligibility;
(b) the number of eligible businesses or special eligible businesses
that received a certificate of eligibility;
(c) the number of eligible businesses or special eligible businesses
that were denied a certificate of eligibility;
(d) the total number of credits received by all eligible businesses or
special eligible businesses and the aggregate employment shares for each
eligible business or special eligible business;
(e) the number of eligible businesses or special eligible businesses
that received a credit in each borough of a city that has adopted a
local law pursuant to article 2-H or article 2-J of the general city
law;
(f) the borough, municipality, or state each eligible business or
special eligible business that received a credit relocated from, and the
eligible area or eligible lower Manhattan area, as applicable, that the
eligible businesses or special eligible businesses relocated to and the
year in which such relocation occurred; and
(g) any such other information considered relevant by the mayor.
Such report shall be made publicly available on such city's website on
the same day the report is submitted.
§ 14. This act shall take effect July 1, 2025; provided however, that
section thirteen of this act shall expire and be deemed repealed on and
after January 1, 2031.