Assembly Bill A9997

2011-2012 Legislative Session

Includes the production of cellulosic ethanol within the biofuel production tax credit

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A9997 (ACTIVE) - Details

See Senate Version of this Bill:
S7147
Current Committee:
Assembly Ways And Means
Law Section:
Tax Law
Laws Affected:
Amd §§28, 187-c, 210 & 606, Tax L
Versions Introduced in Other Legislative Sessions:
2013-2014: A9389, S4335
2015-2016: A1830, S1362
2017-2018: A389

2011-A9997 (ACTIVE) - Summary

Includes the production of cellulosic ethanol within the biofuel production tax credit.

2011-A9997 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 7147                                                  A. 9997

                      S E N A T E - A S S E M B L Y

                               May 1, 2012
                               ___________

IN  SENATE -- Introduced by Sen. YOUNG -- (at request of the Legislative
  Commission on Rural Resources) -- read twice and ordered printed,  and
  when  printed  to  be committed to the Committee on Investigations and
  Government Operations

IN ASSEMBLY -- Introduced by M. of A. GUNTHER -- read once and  referred
  to the Committee on Ways and Means

AN  ACT  to  amend the tax law, in relation to biofuel production credit
  for production of cellulosic ethanol

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 28 of the tax law, as added by section 1 of part X
of chapter 62 of the laws of 2006, subdivision (a) as amended by section
1 of part K of chapter 59 of the laws of 2012, is renumbered section  37
and amended to read as follows:
  S  37.  Biofuel production credit.  (a) General. A taxpayer subject to
tax under article nine, nine-A or twenty-two of this  chapter  shall  be
allowed  a credit against such tax pursuant to the provisions referenced
in subdivision (d) of this section. The credit (or  pro  rata  share  of
earned  credit  in the case of a partnership) for each gallon of biofuel
produced at a biofuel plant on or after January first, two thousand  six
shall equal fifteen cents per gallon OR TWENTY-FIVE CENTS PER GALLON FOR
PRODUCTION OF CELLULOSIC ETHANOL after the production of the first forty
thousand  gallons  per  year  presented to market. The credit under this
section shall be capped at two and one-half million dollars per taxpayer
per taxable year for up to no more than four consecutive  taxable  years
per  biofuel  plant.  If  the  taxpayer is a partner in a partnership or
shareholder of a New York S corporation, then the  cap  imposed  by  the
preceding  sentence  shall  be  applied at the entity level, so that the
aggregate credit allowed to all the partners  or  shareholders  of  each
such entity in the taxable year does not exceed two and one-half million
dollars.  The tax credit allowed pursuant to this section shall apply to
taxable years beginning before January first, two thousand twenty.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06431-02-2
              

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