S T A T E O F N E W Y O R K
________________________________________________________________________
6547
2009-2010 Regular Sessions
I N A S S E M B L Y
March 6, 2009
___________
Introduced by M. of A. REILICH, TEDISCO, KOLB, BUTLER, HAYES -- Multi-
Sponsored by -- M. of A. ALFANO, AMEDORE, BACALLES, BALL, BARCLAY,
BARRA, BOYLE, BURLING, CALHOUN, CONTE, CORWIN, CROUCH, DUPREY, ERRIGO,
FINCH, GIGLIO, HAWLEY, JORDAN, P. LOPEZ, McDONOUGH, McKEVITT, MILLER,
MOLINARO, OAKS, O'MARA, QUINN, RABBITT, RAIA, SALADINO, SAYWARD, SCOZ-
ZAFAVA, THIELE, TOBACCO, TOWNSEND, WALKER -- read once and referred to
the Committee on Ways and Means
AN ACT to amend the tax law, in relation to the computation of tax (Part
A); to amend the tax law, in relation to the credit for college work
program (Part B); to amend the tax law, in relation to authorizing
counties to impose certain taxes at a lower rate than the uniform
local rate (Part C); to amend the tax law, in relation to increasing
the amount of tax (Part D); to amend the general municipal law and the
tax law, in relation to research and development commercialization
enterprises (Part E); to amend the tax law, in relation to certain
taxes (Part F); to amend the tax law, in relation to exempting certain
equipment from taxes (Part G); to amend the tax law, in relation to a
small business electric energy tax credit (Part H); to amend the tax
law, in relation to eliminating the residential restriction for heat-
ing exemptions (Part I); to amend the tax law, in relation to estab-
lishing a credit for on-the-job training (Part J); and to amend the
real property tax law, in relation to extending the benefits of the
STAR program to small businesses (Part K)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law components of legislation relating
to the "small business relief act of 2009". Each component is wholly
contained within a Part identified as Parts A through K. The effective
date for each particular provision contained within such Part is set
forth in the last section of such Part. Any provision in any section
contained within a Part, including the effective date of the Part, which
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05190-03-9
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makes reference to a section "of this act", when used in connection with
that particular component, shall be deemed to mean and refer to the
corresponding section of the Part in which it is found. Section three of
this act sets forth the general effective date of this act.
PART A
Section 1. Subparagraphs (iii) and (iv) of paragraph (a) of subdivi-
sion 1 of section 210 of the tax law, as amended by section 2 of part N
of chapter 60 of the laws of 2007, are amended to read as follows:
(iii) for taxable years beginning on or after January first, two thou-
sand five [and ending before January first, two thousand seven], if the
entire net income base is not more than two hundred ninety thousand
dollars the amount shall be six and one-half percent of the entire net
income base; if the entire net income base is more than two hundred
ninety thousand dollars but not over three hundred ninety thousand
dollars the amount shall be the sum of (1) eighteen thousand eight
hundred fifty dollars, (2) seven and one-half percent of the excess of
the entire net income base over two hundred ninety thousand dollars but
not over three hundred ninety thousand dollars and (3) seven and one-
quarter percent of the excess of the entire net income base over three
hundred fifty thousand dollars but not over three hundred ninety thou-
sand dollars;
(iv) for taxable years beginning on or after [January first, two thou-
sand seven] JUNE THIRTIETH, TWO THOUSAND TEN, if the entire net income
base is not more than two hundred ninety thousand dollars the amount
shall be [six and one-half] FIVE AND EIGHTY-FIVE HUNDREDTHS percent of
the entire net income base; if the entire net income base is more than
two hundred [ninety] thousand dollars but not over three hundred ninety
thousand dollars the amount shall be the sum of (1) [eighteen thousand
eight hundred fifty] ELEVEN THOUSAND SEVEN HUNDRED dollars, (2) [seven
and one-tenth] SIX AND EIGHTY-FIVE HUNDREDTHS percent of the excess of
the entire net income base over two hundred [ninety] thousand dollars
[but not over three hundred ninety thousand dollars] and (3) [four and
thirty-five hundredths] FIVE percent of the excess of the entire net
income base over [three] TWO hundred fifty thousand dollars [but not
over three hundred ninety thousand dollars];
S 2. This act shall take effect immediately and shall apply to taxable
years beginning on and after July 1, 2010.
PART B
Section 1. Section 210 of the tax law is amended by adding a new
subdivision 22-a to read as follows:
22-A. CREDIT FOR COLLEGE TO WORK PROGRAM. (A) ALLOWANCE OF CREDIT. A
TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS HEREINAFTER
PROVIDED, AGAINST THE TAX IMPOSED BY THIS ARTICLE, BASED UPON ITS
PAYMENT OF TUITION TO AN INSTITUTION OF HIGHER EDUCATION ON BEHALF OF AN
INDIVIDUAL IN EXCHANGE FOR THE INDIVIDUAL AGREEING TO WORK FOR THE
TAXPAYER FOR A NUMBER OF YEARS, AS SET FORTH IN A WRITTEN AGREEMENT
BETWEEN THE TAXPAYER AND THE INDIVIDUAL.
(B) TUITION. FOR THE PURPOSES OF THIS CREDIT, THE TERM "TUITION" SHALL
MEAN THE TUITION AND FEES PAID FOR THE ENROLLMENT AND ATTENDANCE OF AN
INDIVIDUAL AT AN INSTITUTION OF HIGHER EDUCATION, AS WELL AS MONIES PAID
FOR TEXTBOOKS IN CONNECTION WITH ATTENDANCE AT AN INSTITUTION OF HIGHER
EDUCATION. PROVIDED, HOWEVER, ANY AMOUNTS WHICH HAVE BEEN PAID FOR OR
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REIMBURSED BY ANY OTHER SCHOLARSHIPS OR FINANCIAL AID, OR TUITION
REQUIRED FOR ENROLLMENT OR ATTENDANCE IN A COURSE OF STUDY LEADING TO
THE GRANTING OF A POST BACCALAUREATE OR OTHER GRADUATE DEGREE, SHALL BE
EXCLUDED FROM THE DEFINITION OF "TUITION".
(C) INSTITUTION OF HIGHER EDUCATION. FOR THE PURPOSES OF THIS CREDIT,
THE TERM "INSTITUTION OF HIGHER EDUCATION" SHALL MEAN ANY INSTITUTION OF
HIGHER EDUCATION, RECOGNIZED AND APPROVED BY THE REGENTS, OR ANY SUCCES-
SOR ORGANIZATION, OF THE UNIVERSITY OF THE STATE OF NEW YORK OR ACCRED-
ITED BY A NATIONALLY RECOGNIZED ACCREDITING AGENCY OR ASSOCIATION
ACCEPTED AS SUCH BY THE REGENTS, OR ANY SUCCESSOR ORGANIZATION, OF THE
UNIVERSITY OF THE STATE OF NEW YORK, WHICH PROVIDES A COURSE OF STUDY
LEADING TO THE GRANTING OF A POST-SECONDARY DEGREE, CERTIFICATE OR
DIPLOMA.
(D) QUALIFIED INDIVIDUAL. FOR PURPOSES OF THIS CREDIT, THE TERM "QUAL-
IFIED INDIVIDUAL" SHALL MEAN ANY INDIVIDUAL WHO IS NOT A SPOUSE, CHILD
OR DEPENDENT OF THE TAXPAYER OR ANY INDIVIDUAL WHO IS NOT A SPOUSE,
CHILD OR DEPENDENT OF ANY OFFICER OR EMPLOYEE OF THE TAXPAYER.
(E) WRITTEN AGREEMENT. FOR PURPOSES OF THIS CREDIT, THE TERM "WRITTEN
AGREEMENT" SHALL MEAN A DOCUMENT SIGNED AND DATED BY BOTH THE TAXPAYER
AND THE QUALIFIED INDIVIDUAL WHICH CONTAINS PROVISIONS INCLUDING BUT NOT
LIMITED TO THE MINIMUM SALARY WHICH THE TAXPAYER WILL PAY TO THE QUALI-
FIED INDIVIDUAL UPON COMPLETION OF THE INDIVIDUAL'S DEGREE; THE REQUIRED
DURATION OF EMPLOYMENT UPON COMPLETION OF THE INDIVIDUAL'S DEGREE; AND
THE PARTIES' RESPECTIVE RESPONSIBILITIES IN THE EVENT THAT THE TAXPAYER
CEASES OPERATIONS OR LATER DECIDES NOT TO OFFER EMPLOYMENT TO THE INDI-
VIDUAL UPON COMPLETION OF HIS OR HER DEGREE OR IN THE EVENT THAT THE
QUALIFIED INDIVIDUAL FAILS TO COMPLETE THE DEGREE OR TO WORK FOR THE
TAXPAYER FOR THE AGREED UPON TERM.
(F) AMOUNT OF CREDIT. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW,
A TAXPAYER WHICH PROVIDES FOR THE PAYMENT OF AN INDIVIDUAL'S TUITION
UNDER THE COLLEGE TO WORK PROGRAM ESTABLISHED BY THIS SUBDIVISION, SHALL
BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE, TO THE
EXTENT OF TWENTY-FIVE PERCENT OF MONIES PAID FOR EACH INDIVIDUAL'S
TUITION, BUT SUCH CREDIT SHALL NOT EXCEED FIVE THOUSAND DOLLARS FOR ONE
YEAR FOR EACH SUCH QUALIFIED INDIVIDUAL.
(G) CARRYOVER. THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXA-
BLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE
HIGHER OF THE AMOUNTS PRESCRIBED IN PARAGRAPHS (C) AND (D) OF SUBDIVI-
SION ONE OF THIS SECTION. PROVIDED, HOWEVER, IF THE AMOUNT OF CREDIT
ALLOWABLE UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE TAX TO
SUCH AMOUNT, ANY AMOUNT OF CREDIT NOT DEDUCTIBLE IN SUCH TAXABLE YEAR
MAY BE CARRIED OVER TO THE FOLLOWING YEAR OR YEARS, AND MAY BE DEDUCTED
FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
S 2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
of the tax law, as amended by section 2 of part ZZ-1 of chapter 57 of
the laws of 2008, is amended to read as follows:
(B) shall be treated as the owner of a new business with respect to
such share if the corporation qualifies as a new business pursuant to
paragraph (j) of subdivision twelve of section two hundred ten of this
chapter.
The corporation's credit base under
section two hundred ten or section
With respect to the following fourteen hundred fifty-six of this
credit under this section: chapter is:
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(I) Investment tax credit Investment credit base
under subsection (a) or qualified
rehabilitation
expenditures under
subdivision twelve of
section two hundred ten
(II) Empire zone Cost or other basis
investment tax credit under subdivision
under subsection (j) twelve-B
of section two hundred
ten
(III) Empire zone Eligible wages under
wage tax credit subdivision nineteen of
under subsection (k) section two hundred ten
or subsection (e) of
section fourteen hundred
fifty-six
(IV) Empire zone Qualified investments
capital tax credit and contributions under
under subsection (l) subdivision twenty of
section two hundred ten
or subsection (d) of
section fourteen hundred
fifty-six
(V) Agricultural property tax Allowable school
credit under subsection (n) district property taxes under
subdivision twenty-two of
section two hundred ten
(VI) Credit for employment Qualified first-year wages or
of persons with dis- qualified second-year wages
abilities under under subdivision
subsection (o) twenty-three of section
two hundred ten
or subsection (f)
of section fourteen
hundred fifty-six
(VII) Employment incentive Applicable investment credit
credit under subsec- base under subdivision
tion (a-1) twelve-D of section two
hundred ten
(VIII) Empire zone Applicable investment
employment credit under sub-
incentive credit under division twelve-C
subsection (j-1) of section two hundred ten
(IX) Alternative fuels credit Cost under subdivision
under subsection (p) twenty-four of section two
hundred ten
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(X) Qualified emerging Applicable credit base
technology company under subdivision twelve-E
employment credit of section two hundred ten
under subsection (q)
(XI) Qualified emerging Qualified investments under
technology company subdivision twelve-F of
capital tax credit section two hundred ten
under subsection (r)
(XII) Credit for purchase of an Cost of an automated
automated external defibrillator external defibrillator under
under subsection (s) subdivision twenty-five of
section two hundred ten
or subsection (j) of section
fourteen hundred fifty-six
(XIII) Low-income housing Credit amount under
credit under subsection (x) subdivision thirty
of section two hundred ten or
subsection (l) of section
fourteen hundred fifty-six
(XIV) Credit for Amount of credit under sub-
transportation division thirty-two of section
improvement contributions two hundred ten or subsection
under subsection (z) (n) of section fourteen
hundred fifty-six
(XV) QEZE credit for real Amount of credit under
property taxes under subdivision twenty-seven of
subsection (bb) section two hundred ten or
subsection (o) of section
fourteen hundred fifty-six
(XVI) QEZE tax reduction credit Amount of benefit period
under subsection (cc) factor, employment increase factor
and zone allocation
factor (without regard
to pro ration) under
subdivision twenty-eight of
section two hundred ten or
subsection (p) of section
fourteen hundred fifty-six
and amount of tax factor
as determined under
subdivision (f) of section sixteen
(XVII) Green building credit Amount of
under subsection (y) green building credit
under subdivision thirty-one
of section two hundred ten
or subsection (m) of section
fourteen hundred fifty-six
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(XVIII) Credit for long-term Qualified costs under
care insurance premiums subdivision twenty-five-a of
under subsection (aa) section two hundred ten
or subsection (k) of section
fourteen hundred fifty-six
(XIX) Brownfield redevelopment Amount of credit
credit under subsection under subdivision
(dd) thirty-three of section
two hundred ten
or subsection (q) of
section fourteen hundred
fifty-six
(XX) Remediated brownfield Amount of credit under
credit for real property subdivision thirty-four
taxes for qualified of section two hundred
sites under subsection ten or subsection (r) of
(ee) section fourteen hundred
fifty-six
(XXI) Environmental Amount of credit under
remediation subdivision thirty-five of
insurance credit under section two hundred
subsection (ff) ten or subsection
(s) of section
fourteen hundred
fifty-six
(XXII) Empire state film production Amount of
credit under subsection (gg) credit for qualified
production costs in production
of a qualified film under
subdivision thirty-six of
section two hundred ten
(XXIII) Qualified emerging Qualifying expenditures and
technology company facilities, development activities under
operations and training credit subdivision twelve-G of section
under subsection (nn) two hundred ten
(XXIV) Security training tax Amount of credit
credit under under subdivision thirty-seven
subsection (ii) of section two hundred ten or
under subsection (t) of
section fourteen hundred fifty-six
(XXV) Credit for qualified fuel Amount of credit under
cell electric generating equipment subdivision thirty-seven
expenditures under subsection (g-2) of section two hundred ten
or subsection (t) of
section fourteen hundred
fifty-six
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(XXVI) Empire state commercial Amount of credit
production credit under for qualified production
subsection (jj) costs in production
of a qualified commercial under
subdivision thirty-eight of sec-
tion two hundred ten
(XXVII) Biofuel production Amount of credit
tax credit under under subdivision
subsection (jj) thirty-eight of
section two hundred ten
(XXVIII) Clean heating fuel Amount of credit under
credit under subsection (mm) subdivision thirty-nine of
section two hundred ten
(XXIX) Credit for rehabilitation Amount of credit under
of historic properties subdivision forty of
under subsection (oo) [subsection] SECTION two hundred
ten
(XXX) Credit for companies who Amount of credit under
provide transportation subdivision forty of
to individuals section two hundred ten
with disabilities
under subsection (oo)
(XXXI) COLLEGE TO WORK PROGRAM AMOUNT OF CREDIT UNDER
CREDIT UNDER SUBSECTION SUBDIVISION TWENTY-TWO-A
(S-1) OF SECTION TWO HUNDRED TEN
S 3. Section 606 of the tax law is amended by adding a new subsection
(s-1) to read as follows:
(S-1) CREDIT FOR COLLEGE TO WORK PROGRAM. (1) ALLOWANCE OF CREDIT. A
TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS HEREINAFTER
PROVIDED, AGAINST THE TAX IMPOSED BY THIS ARTICLE, BASED UPON SUCH
TAXPAYER'S PAYMENT OF TUITION TO AN INSTITUTION OF HIGHER EDUCATION ON
BEHALF OF AN INDIVIDUAL IN EXCHANGE FOR THE INDIVIDUAL AGREEING TO WORK
FOR THE TAXPAYER FOR A NUMBER OF YEARS, AS SET FORTH IN A WRITTEN AGREE-
MENT BETWEEN THE TAXPAYER AND THE INDIVIDUAL.
(2) TUITION. FOR THE PURPOSES OF THIS CREDIT, THE TERM "TUITION" SHALL
MEAN THE TUITION AND FEES PAID FOR THE ENROLLMENT AND ATTENDANCE OF AN
INDIVIDUAL AT AN INSTITUTION OF HIGHER EDUCATION, AS WELL AS MONIES PAID
FOR TEXTBOOKS IN CONNECTION WITH ATTENDANCE AT AN INSTITUTION OF HIGHER
EDUCATION. PROVIDED, HOWEVER, ANY AMOUNTS WHICH HAVE BEEN PAID FOR OR
REIMBURSED BY ANY OTHER SCHOLARSHIPS OR FINANCIAL AID, OR TUITION
REQUIRED FOR ENROLLMENT OR ATTENDANCE IN A COURSE OF STUDY LEADING TO
THE GRANTING OF A POST BACCALAUREATE OR OTHER GRADUATE DEGREE, SHALL BE
EXCLUDED FROM THE DEFINITION OF "TUITION".
(3) INSTITUTION OF HIGHER EDUCATION. FOR THE PURPOSES OF THIS CREDIT,
THE TERM "INSTITUTION OF HIGHER EDUCATION" SHALL MEAN ANY INSTITUTION OF
HIGHER EDUCATION, RECOGNIZED AND APPROVED BY THE REGENTS, OR ANY SUCCES-
SOR ORGANIZATION, OF THE UNIVERSITY OF THE STATE OF NEW YORK OR ACCRED-
ITED BY A NATIONALLY RECOGNIZED ACCREDITING AGENCY OR ASSOCIATION
ACCEPTED AS SUCH BY THE REGENTS, OR ANY SUCCESSOR ORGANIZATION, OF THE
UNIVERSITY OF THE STATE OF NEW YORK, WHICH PROVIDES A COURSE OF STUDY
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LEADING TO THE GRANTING OF A POST-SECONDARY DEGREE, CERTIFICATE OR
DIPLOMA.
(4) QUALIFIED INDIVIDUAL. FOR PURPOSES OF THIS CREDIT, THE TERM "QUAL-
IFIED INDIVIDUAL" SHALL MEAN ANY INDIVIDUAL WHO IS NOT A SPOUSE, CHILD
OR DEPENDENT OF THE TAXPAYER OR ANY INDIVIDUAL WHO IS NOT A SPOUSE,
CHILD OR DEPENDENT OF ANY OFFICER OR EMPLOYEE OF THE TAXPAYER.
(5) WRITTEN AGREEMENT. FOR PURPOSES OF THIS CREDIT, THE TERM "WRITTEN
AGREEMENT" SHALL MEAN A DOCUMENT SIGNED AND DATED BY BOTH THE TAXPAYER
AND THE QUALIFIED INDIVIDUAL WHICH CONTAINS PROVISIONS INCLUDING BUT NOT
LIMITED TO THE MINIMUM SALARY WHICH THE TAXPAYER WILL PAY TO THE QUALI-
FIED INDIVIDUAL UPON COMPLETION OF THE INDIVIDUAL'S DEGREE; THE REQUIRED
DURATION OF EMPLOYMENT UPON COMPLETION OF THE INDIVIDUAL'S DEGREE; AND
THE PARTIES' RESPECTIVE RESPONSIBILITIES IN THE EVENT THAT THE TAXPAYER
CEASES OPERATIONS OR LATER DECIDES NOT TO OFFER EMPLOYMENT TO THE INDI-
VIDUAL UPON COMPLETION OF HIS OR HER DEGREE OR IN THE EVENT THAT THE
QUALIFIED INDIVIDUAL FAILS TO COMPLETE THE DEGREE OR TO WORK FOR THE
TAXPAYER FOR THE AGREED UPON TERM.
(6) AMOUNT OF CREDIT. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW,
A TAXPAYER WHO PROVIDES FOR THE PAYMENT OF AN INDIVIDUAL'S TUITION UNDER
THE COLLEGE TO WORK PROGRAM ESTABLISHED BY THIS SUBSECTION, SHALL BE
ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE, TO THE EXTENT
OF TWENTY-FIVE PERCENT OF MONIES PAID FOR EACH INDIVIDUAL'S TUITION, BUT
SUCH CREDIT SHALL NOT EXCEED FIVE THOUSAND DOLLARS FOR ONE YEAR FOR EACH
SUCH QUALIFIED INDIVIDUAL.
(7) CARRYOVER. IF THE AMOUNT OF CREDIT ALLOWABLE UNDER THIS SUBSECTION
FOR ANY TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX AMOUNT, ANY AMOUNT
OF THE EXCESS MAY BE CARRIED OVER TO THE FOLLOWING YEAR OR YEARS, AND
MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
S 4. This act shall take effect immediately and shall apply to taxa-
ble years beginning on and after January 1, 2010; provided, however that
the empire state film production credit under subsection (gg), the
empire state commercial production credit under subsection (jj) and the
credit for companies who provide transportation to individuals with
disabilities under subsection (oo) of section 606 of the tax law
contained in section two of this act shall expire on the same date as
provided in section 9 of part P of chapter 60 of the laws of 2004, as
amended, section 10 of part V of chapter 62 of the laws of 2006, as
amended and section 5 of chapter 522 of the laws of 2006, as amended,
respectively.
PART C
Section 1. Subdivision (a) of section 1210 of the tax law is amended
by adding a new paragraph 3-a to read as follows:
(3-A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A
COUNTY, MAY, BY LOCAL LAW, PROVIDE THAT THE TAXES IMPOSED, PURSUANT TO
THIS SUBDIVISION, BY SUCH COUNTY ON THE RETAIL SALE OR USE OF FUEL OIL
AND COAL USED FOR BUSINESS PURPOSES, THE RETAIL SALE OR USE OF WOOD USED
FOR BUSINESS HEATING PURPOSES AND THE SALE, OTHER THAN FOR RESALE, OF
PROPANE (EXCEPT WHEN SOLD IN CONTAINERS OF LESS THAN ONE HUNDRED
POUNDS), NATURAL GAS, ELECTRICITY, STEAM AND GAS, ELECTRIC AND STEAM
SERVICES USED FOR BUSINESS PURPOSES MAY BE IMPOSED AT A LOWER RATE THAN
THE UNIFORM LOCAL RATE IMPOSED PURSUANT TO THE OPENING PARAGRAPH OF THIS
SECTION, AS LONG AS SUCH RATE IS ONE OF THE RATES AUTHORIZED BY SUCH
PARAGRAPH OR SUCH SALE OR USE MAY BE EXEMPTED FROM SUCH TAXES.
PROVIDED, HOWEVER, SUCH LOWER RATE SHALL APPLY TO ALL SUCH ENERGY SOURC-
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ES AND SERVICES AND AT THE SAME RATE AND NO SUCH EXEMPTION MAY BE
ENACTED UNLESS SUCH EXEMPTION APPLIES TO ALL SUCH ENERGY SOURCES AND
SERVICES. THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO A SALE OR
USE OF (I) DIESEL MOTOR FUEL WHICH INVOLVES A DELIVERY AT A FILLING
STATION OR INTO A REPOSITORY WHICH IS EQUIPPED WITH A HOSE OR OTHER
APPARATUS BY WHICH SUCH FUEL CAN BE DISPENSED INTO THE FUEL TANK OF A
MOTOR VEHICLE AND (II) ENHANCED DIESEL MOTOR FUEL EXCEPT IN THE CASE OF
A SALE OR USE OF SUCH ENHANCED DIESEL MOTOR FUEL USED EXCLUSIVELY FOR
BUSINESS PURPOSES WHICH IS DELIVERED INTO A STORAGE TANK WHICH IS NOT
EQUIPPED WITH A HOSE OR OTHER APPARATUS BY WHICH SUCH FUEL CAN BE
DISPENSED INTO THE FUEL TANK OF A MOTOR VEHICLE AND SUCH STORAGE TANK IS
ATTACHED TO THE HEATING UNIT BURNING SUCH FUEL.
S 2. This act shall take effect immediately.
PART D
Section 1. Paragraph 2 of subdivision (f) of section 1137 of the tax
law, as amended by section 1 of part H of chapter 62 of the laws of
2006, is amended to read as follows:
(2) The amount of the credit authorized by paragraph one of this
subdivision shall be [five] TEN percent of the amount of taxes and fees
(but not including any penalty or interest thereon) required to be
reported on, and paid or paid over with, the return but only if the
return is filed on or before the filing due date, but not more than two
hundred FIFTY dollars[,] for each quarterly or longer period, except
that, with respect to returns required to be filed for quarterly or
longer periods ending on or before the last day of February, two thou-
sand seven, the amount of the credit shall be not more than one hundred
seventy-five dollars for each such quarterly or longer period.
S 2. This act shall take effect immediately; provided that this act
shall apply only to returns required to be filed under section 1136 of
the tax law for quarterly periods which begin on or after September 1,
2010 and to returns for longer periods and authorized annual return
periods required to be filed after September 1, 2010.
PART E
Section 1. The general municipal law is amended by adding a new
section 959-c to read as follows:
S 959-C. RESEARCH AND DEVELOPMENT COMMERCIALIZATION ENTERPRISES. (A)
FOR PURPOSES OF THIS SECTION, "RESEARCH AND DEVELOPMENT COMMERCIALIZA-
TION ENTERPRISES" SHALL MEAN ANY BUSINESS PRIMARILY ENGAGED IN RESEARCH,
OR DEVELOPMENT OF A PRODUCT OR PRODUCTS AT A CENTER OF EXCELLENCE, AS
DEFINED IN SECTION THREE OF PART T OF CHAPTER EIGHTY-FOUR OF THE LAWS OF
TWO THOUSAND TWO, OR AT A GEN*NY*SIS CENTER AS ESTABLISHED PURSUANT TO
SECTION TWO HUNDRED NINE-R OF THE EXECUTIVE LAW. A BUSINESS IS PRIMARI-
LY ENGAGED IN RESEARCH, OR DEVELOPMENT OF A PRODUCT OR PRODUCTS AT A
CENTER FOR EXCELLENCE, OR AT A GEN*NY*SIS CENTER IF EIGHTY PERCENT OR
MORE OF ITS PROPERTY IN NEW YORK IS UTILIZED FOR SUCH PURPOSES.
(B) THE COMMISSIONER OF ECONOMIC DEVELOPMENT SHALL SERVE AS THE SOLE
CERTIFICATION OFFICER FOR BUSINESSES SEEKING CERTIFICATION AS RESEARCH
AND DEVELOPMENT COMMERCIALIZATION ENTERPRISES. THE COMMISSIONER OF
ECONOMIC DEVELOPMENT, SHALL PROMULGATE REGULATIONS GOVERNING (I) CRITE-
RIA OF ELIGIBILITY FOR DESIGNATION OF RESEARCH AND DEVELOPMENT COMMER-
CIALIZATION ENTERPRISES, (II) THE APPLICATION PROCESS, AND (III) THE
CERTIFICATION BY THE COMMISSIONER OF ECONOMIC DEVELOPMENT AS TO THE
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ELIGIBILITY OF BUSINESS ENTERPRISES FOR BENEFITS REFERRED TO IN SECTION
NINE HUNDRED SIXTY-SIX OF THIS ARTICLE. A BUSINESS SO CERTIFIED SHALL BE
DEEMED TO BE ELIGIBLE FOR SUCH BENEFITS AS IF SUCH BUSINESS WERE LOCATED
IN AN INVESTMENT ZONE AS DEFINED IN PARAGRAPH (I) OF SUBDIVISION (D) OF
SECTION NINE HUNDRED FIFTY-SEVEN OF THIS ARTICLE. NO SUCH CERTIFICATION
SHALL BE MADE AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE.
(C) SUCH ENTERPRISE SHALL BE EXEMPT FROM THE REQUIREMENTS OF PARAGRAPH
(III) OF SUBDIVISION (A) OF SECTION NINE HUNDRED FIFTY-EIGHT, SECTIONS
NINE HUNDRED SIXTY-ONE, NINE HUNDRED SIXTY-TWO AND NINE HUNDRED
SIXTY-THREE OF THIS ARTICLE.
S 2. Section 14 of the tax law is amended by adding a new subdivision
(o) to read as follows:
(O) RESEARCH AND DEVELOPMENT COMMERCIALIZATION ENTERPRISES. IN DETER-
MINING TAX BENEFITS UNDER THIS CHAPTER FOR RESEARCH AND DEVELOPMENT
COMMERCIALIZATION ENTERPRISES CERTIFIED UNDER ARTICLE EIGHTEEN-B OF THE
GENERAL MUNICIPAL LAW, REFERENCES IN THIS SECTION AND OTHER SECTIONS IN
THIS CHAPTER RELATING TO QUALIFIED EMPIRE ZONE ENTERPRISES AND EMPIRE
ZONE BENEFITS TO "AN EMPIRE ZONE", "THE EMPIRE ZONE" AND "THE EMPIRE
ZONES" SHALL BE READ AS REFERENCES TO "NEW YORK STATE", AND ANY TESTS OR
MEASUREMENTS RELATING TO EMPLOYMENT FOR PURPOSES OF EMPIRE ZONE BENEFITS
UNDER THIS CHAPTER SHALL BE CALCULATED WITH RESPECT TO EMPLOYMENT WITHIN
THE ENTIRE STATE, AND REFERENCES TO "QEZES" SHALL BE READ AS INCLUDING
REFERENCES TO SUCH RESEARCH AND DEVELOPMENT COMMERCIALIZATION ENTER-
PRISES THAT MEET THE EMPLOYMENT TEST IN THIS SECTION. FOR PURPOSES OF
TAX REDUCTION CREDIT ALLOWED UNDER SECTION SIXTEEN OF THIS ARTICLE, FOR
RESEARCH AND DEVELOPMENT COMMERCIALIZATION ENTERPRISES, THE ZONE ALLO-
CATION FACTOR SHALL BE ONE HUNDRED PERCENT.
S 3. Subdivision (j) of section 14 of the tax law is amended by adding
a new paragraph 6 to read as follows:
(6) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, A BUSINESS
ENTERPRISE WHICH IS APPROVED BY THE COMMISSIONER OF ECONOMIC DEVELOPMENT
AS THE OWNER OF A RESEARCH AND DEVELOPMENT COMMERCIALIZATION ENTERPRISE
PURSUANT TO SECTION NINE HUNDRED FIFTY-NINE-C OF THE GENERAL MUNICIPAL
LAW SHALL BE DEEMED TO BE A NEW BUSINESS UNDER THIS SECTION. PROVIDED,
HOWEVER, TO BE DEEMED A NEW BUSINESS UNDER THIS PARAGRAPH, SUCH BUSINESS
ENTERPRISE SHALL HAVE RECEIVED CERTIFICATION UNDER ARTICLE EIGHTEEN-B OF
THE GENERAL BUSINESS LAW BY DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE.
S 4. This act shall take effect immediately.
PART F
Section 1. Subparagraph 1 of paragraph (g) of subdivision 1 of section
210 of the tax law, as amended by section 4 of part AA-1 of chapter 57
of the laws of 2008, is amended to read as follows:
(1) General. The amount prescribed by this paragraph shall be, in the
case of each New York S corporation, (i) the higher of the amounts
prescribed in paragraphs (a) and (d) of this subdivision (other than the
amount prescribed in the final clause of subparagraph one of that para-
graph (d)) (ii) reduced by the article twenty-two tax equivalent;
provided, however, that the amount thus determined shall not be less
than the lowest of the amounts prescribed in subparagraph one of that
paragraph (d) (applying the provisions of subparagraph three of that
paragraph as necessary). Provided, however, notwithstanding any
provision of this paragraph, in taxable years beginning in two thousand
three and before two thousand eight, the amount prescribed by this para-
graph shall be the amount prescribed in subparagraph one of that para-
A. 6547 11
graph (d) (applying the provisions of subparagraph three of that para-
graph as necessary) and applying the calculation of that amount in the
case of a termination year as set forth in subparagraph four of this
paragraph as necessary. In taxable years beginning in two thousand eight
[and thereafter] AND TWO THOUSAND NINE, the amount prescribed by this
paragraph is the amount prescribed in subparagraph four of that para-
graph (d) (applying the provisions of subparagraph three of that para-
graph as necessary) and applying the calculation of that amount in the
case of a termination year as set forth in subparagraph four of this
paragraph as necessary. PROVIDED FURTHER, AND NOTWITHSTANDING ANY
PROVISION OF THIS PARAGRAPH, IN TAXABLE YEARS BEGINNING IN AND AFTER TWO
THOUSAND TEN, THE AMOUNT PRESCRIBED BY THIS PARAGRAPH SHALL EQUAL ZERO,
BUT THE PROVISIONS OF THIS PARAGRAPH SHALL HAVE NO EFFECT ON THE AMOUNT
PRESCRIBED BY THE ARTICLE TWENTY-TWO TAX EQUIVALENT.
S 2. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2010.
PART G
Section 1. Subdivision (a) of section 1115 of the tax law is amended
by adding a new paragraph 44 to read as follows:
(44) EQUIPMENT WITH A PURCHASE PRICE OF FIVE HUNDRED DOLLARS OR GREAT-
ER PURCHASED BY ANY COMPANY LOCATED IN AN INCUBATOR FACILITY THAT IS
ASSOCIATED WITH A COLLEGE, AS DEFINED IN SUBDIVISION TWO OF SECTION TWO
OF THE EDUCATION LAW, OR AN INCUBATOR FACILITY THAT IS FUNDED BY THE
STATE. SUCH EQUIPMENT MUST BE USED DIRECTLY AND PREDOMINANTLY WITHIN
SUCH AFOREMENTIONED INCUBATOR FACILITY.
S 2. This act shall take effect on the first day of a sales tax quar-
terly period, as such period is described in subdivision (b) of section
1136 of the tax law, beginning at least 45 days after the date on which
this act shall have become a law and shall apply to sales made on or
after such date although rendered or made under prior contract.
PART H
Section 1. Section 210 of the tax law is amended by adding a new
subdivision 41 to read as follows:
41. SMALL BUSINESS ELECTRIC ENERGY TAX CREDIT. (A) A TAXPAYER THAT IS
ELIGIBLE UNDER THE LIMITATIONS SPECIFIED IN PARAGRAPH (B) OF THIS SUBDI-
VISION SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTI-
CLE. THE AMOUNT OF THE CREDIT SHALL BE EQUAL TO THE PRODUCT OF TWO
CENTS PER KILOWATT HOUR FOR ALL BUSINESS RELATED ELECTRICITY USAGE AT
THE TAXPAYER'S PRIMARY BUSINESS LOCATION.
(B) AN ELIGIBLE TAXPAYER SHALL:
(I) HAVE NO MORE THAN TWENTY FULL TIME EQUIVALENT EMPLOYEES IN NEW
YORK STATE, INCLUDING ANY RELATED MEMBERS OR AFFILIATES;
(II) NOT BE A SOLE-PROPRIETORSHIP IF SUCH SOLE-PROPRIETOR'S PRIMARY
BUSINESS LOCATION IS SITED IN OR PART OF SUCH SOLE-PROPRIETOR'S PLACE OF
RESIDENCE;
(III) NOT BE CERTIFIED PURSUANT TO ARTICLE EIGHTEEN-B OF THE GENERAL
MUNICIPAL LAW; AND
(IV) NOT BE RECEIVING ANY ALLOCATION OR AWARD PURSUANT TO ANY PROGRAM
AUTHORIZED UNDER ARTICLE SIX OF THE ECONOMIC DEVELOPMENT LAW.
(C) (I) THE TERM "BUSINESS RELATED ELECTRICITY USAGE" SHALL REFER TO
ELECTRICAL POWER USAGE USED AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION
TO FURTHER THE ECONOMIC ACTIVITY OF THE TAXPAYER AT THE PRIMARY BUSINESS
A. 6547 12
LOCATION THAT IS CLEARLY DELIMITED FROM ANY SHARED ELECTRICAL POWER
USAGE COST.
(II) THE TERM "PRIMARY BUSINESS LOCATION" SHALL MEAN THE PHYSICAL SITE
OF THE TAXPAYER WITHIN THE STATE OF NEW YORK WHERE THE MAJORITY OF THE
TAXPAYER'S ECONOMIC ACTIVITY IS GENERATED OR COORDINATED THROUGH.
(III) THE TERM "RELATED MEMBERS" SHALL HAVE THE SAME MEANING AS SET
FORTH IN CLAUSES (A) AND (B) OF SUBPARAGRAPH ONE OF PARAGRAPH (O) OF
SUBDIVISION NINE OF SECTION TWO HUNDRED EIGHT OF THIS ARTICLE, AS
AMENDED BY SECTION ONE OF PART M OF CHAPTER SIX HUNDRED EIGHTY-SIX OF
THE LAWS OF TWO THOUSAND THREE, AND THE TERM "AFFILIATES" SHALL MEAN
THOSE CORPORATIONS THAT ARE MEMBERS OF THE SAME AFFILIATED GROUP (AS
DEFINED IN SECTION FIFTEEN HUNDRED FOUR OF THE INTERNAL REVENUE CODE) AS
THE TAXPAYER.
(D) THE ELIGIBLE USAGE LEVEL SHALL BE THE TOTAL KILOWATT HOUR USAGE OF
THE TAXPAYER FOR BUSINESS RELATED ELECTRICITY USAGE DURING THE TAXPAY-
ER'S TAXABLE YEAR AS VERIFIED THROUGH BILLS OR OTHER FORM OF USAGE CHART
PROVIDED TO THE TAXPAYER BY THE TAXPAYER'S ELECTRICITY POWER SERVICE
PROVIDER.
(E) THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR
SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE HIGHER OF
THE AMOUNTS PRESCRIBED IN PARAGRAPHS (C) AND (D) OF SUBDIVISION ONE OF
THIS SECTION. HOWEVER, IF THE AMOUNT OF CREDIT ALLOWED UNDER THIS SUBDI-
VISION FOR ANY TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT, ANY AMOUNT
OF CREDIT NOT DEDUCTIBLE IN SUCH TAXABLE YEAR SHALL BE TREATED AS AN
OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN ACCORDANCE WITH THE
PROVISIONS OF SECTION ONE THOUSAND EIGHTY-SIX OF THIS CHAPTER. PROVIDED,
HOWEVER, THE PROVISIONS OF SUBSECTION (C) OF SECTION ONE THOUSAND EIGHT-
Y-EIGHT OF THIS CHAPTER NOTWITHSTANDING, NO INTEREST SHALL BE PAID THER-
EON.
S 2. Section 606 of the tax law is amended by adding a new subsection
(qq) to read as follows:
(QQ) SMALL BUSINESS ELECTRIC ENERGY TAX CREDIT. (1) A TAXPAYER THAT IS
ELIGIBLE UNDER THE LIMITATIONS SPECIFIED IN PARAGRAPH TWO OF THIS
SUBSECTION SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS
ARTICLE. THE AMOUNT OF THE CREDIT SHALL BE EQUAL TO THE PRODUCT (OR PRO
RATA SHARE OF THE PRODUCT IN THE CASE OF A PARTNERSHIP) OF TWO CENTS PER
KILOWATT HOUR FOR ALL BUSINESS RELATED ELECTRICITY USAGE AT THE TAXPAY-
ER'S PRIMARY BUSINESS LOCATION.
(2) AN ELIGIBLE TAXPAYER SHALL:
(I) HAVE NO MORE THAN TWENTY FULL TIME EQUIVALENT EMPLOYEES IN NEW
YORK STATE, INCLUDING ANY RELATED MEMBERS OR AFFILIATES;
(II) SHALL NOT BE A SOLE-PROPRIETORSHIP IF SUCH SOLE-PROPRIETOR'S
PRIMARY BUSINESS LOCATION IS SITED IN OR PART OF SUCH SOLE-PROPRIETOR'S
PLACE OF RESIDENCE;
(III) NOT BE CERTIFIED PURSUANT TO ARTICLE EIGHTEEN-B OF THE GENERAL
MUNICIPAL LAW; AND
(IV) NOT BE RECEIVING ANY ALLOCATION OR AWARD PURSUANT TO ANY PROGRAM
AUTHORIZED UNDER ARTICLE SIX OF THE ECONOMIC DEVELOPMENT LAW.
(3) (I) THE TERM "BUSINESS RELATED ELECTRICITY USAGE" SHALL REFER TO
ELECTRICAL POWER USAGE USED AFTER THE EFFECTIVE DATE OF THIS SUBSECTION
TO FURTHER THE ECONOMIC ACTIVITY OF THE TAXPAYER AT THE PRIMARY BUSINESS
LOCATION THAT IS CLEARLY DELIMITED FROM ANY SHARED ELECTRICAL POWER
USAGE COST.
(II) THE TERM "PRIMARY BUSINESS LOCATION" SHALL MEAN THE PHYSICAL SITE
OF THE TAXPAYER WITHIN THE STATE OF NEW YORK WHERE THE MAJORITY OF THE
TAXPAYER'S ECONOMIC ACTIVITY IS GENERATED OR COORDINATED THROUGH.
A. 6547 13
(III) THE TERM "RELATED MEMBERS" SHALL HAVE THE SAME MEANING AS SET
FORTH IN CLAUSES (A) AND (B) OF SUBPARAGRAPH ONE OF PARAGRAPH (O) OF
SUBDIVISION NINE OF SECTION TWO HUNDRED EIGHT OF THIS CHAPTER, AS
AMENDED BY SECTION ONE OF PART M OF CHAPTER SIX HUNDRED EIGHTY-SIX OF
THE LAWS OF TWO THOUSAND THREE, AND THE TERM "AFFILIATES" SHALL MEAN
THOSE CORPORATIONS THAT ARE MEMBERS OF THE SAME AFFILIATED GROUP (AS
DEFINED IN SECTION FIFTEEN HUNDRED FOUR OF THE INTERNAL REVENUE CODE) AS
THE TAXPAYER.
(4) THE ELIGIBLE USAGE LEVEL SHALL BE THE TOTAL KILOWATT HOUR USAGE OF
THE TAXPAYER FOR BUSINESS RELATED ELECTRICITY USAGE DURING THE TAXPAY-
ER'S TAXABLE YEAR AS VERIFIED THROUGH BILLS OR OTHER FORM OF USAGE CHART
PROVIDED TO THE TAXPAYER BY THE TAXPAYER'S ELECTRICITY POWER SERVICE
PROVIDER.
(5) IF THE AMOUNT OF CREDIT ALLOWED UNDER THIS SUBSECTION FOR ANY
TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS
SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN
ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS
ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON.
S 3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
of the tax law, as amended by section 2 of part ZZ-1 of chapter 57 of
the laws of 2008, is amended to read as follows:
(B) shall be treated as the owner of a new business with respect to
such share if the corporation qualifies as a new business pursuant to
paragraph (j) of subdivision twelve of section two hundred ten of this
chapter.
The corporation's credit base under
section two hundred ten or section
With respect to the following fourteen hundred fifty-six of this
credit under this section: chapter is:
(I) Investment tax credit Investment credit base
under subsection (a) or qualified
rehabilitation
expenditures under
subdivision twelve of
section two hundred ten
(II) Empire zone Cost or other basis
investment tax credit under subdivision
under subsection (j) twelve-B
of section two hundred
ten
(III) Empire zone Eligible wages under
wage tax credit subdivision nineteen of
under subsection (k) section two hundred ten
or subsection (e) of
section fourteen hundred
fifty-six
(IV) Empire zone Qualified investments
capital tax credit and contributions under
under subsection (l) subdivision twenty of
section two hundred ten
or subsection (d) of
A. 6547 14
section fourteen hundred
fifty-six
(V) Agricultural property tax Allowable school
credit under subsection (n) district property taxes under
subdivision twenty-two of
section two hundred ten
(VI) Credit for employment Qualified first-year wages or
of persons with dis- qualified second-year wages
abilities under under subdivision
subsection (o) twenty-three of section
two hundred ten
or subsection (f)
of section fourteen
hundred fifty-six
(VII) Employment incentive Applicable investment credit
credit under subsec- base under subdivision
tion (a-1) twelve-D of section two
hundred ten
(VIII) Empire zone Applicable investment
employment credit under sub-
incentive credit under division twelve-C
subsection (j-1) of section two hundred ten
(IX) Alternative fuels credit Cost under subdivision
under subsection (p) twenty-four of section two
hundred ten
(X) Qualified emerging Applicable credit base
technology company under subdivision twelve-E
employment credit of section two hundred ten
under subsection (q)
(XI) Qualified emerging Qualified investments under
technology company subdivision twelve-F of
capital tax credit section two hundred ten
under subsection (r)
(XII) Credit for purchase of an Cost of an automated
automated external defibrillator external defibrillator under
under subsection (s) subdivision twenty-five of
section two hundred ten
or subsection (j) of section
fourteen hundred fifty-six
(XIII) Low-income housing Credit amount under
credit under subsection (x) subdivision thirty
of section two hundred ten or
subsection (l) of section
fourteen hundred fifty-six
(XIV) Credit for Amount of credit under sub-
transportation division thirty-two of section
A. 6547 15
improvement contributions two hundred ten or subsection
under subsection (z) (n) of section fourteen
hundred fifty-six
(XV) QEZE credit for real Amount of credit under
property taxes under subdivision twenty-seven of
subsection (bb) section two hundred ten or
subsection (o) of section
fourteen hundred fifty-six
(XVI) QEZE tax reduction credit Amount of benefit period
under subsection (cc) factor, employment increase factor
and zone allocation
factor (without regard
to pro ration) under
subdivision twenty-eight of
section two hundred ten or
subsection (p) of section
fourteen hundred fifty-six
and amount of tax factor
as determined under
subdivision (f) of section sixteen
(XVII) Green building credit Amount of
under subsection (y) green building credit
under subdivision thirty-one
of section two hundred ten
or subsection (m) of section
fourteen hundred fifty-six
(XVIII) Credit for long-term Qualified costs under
care insurance premiums subdivision twenty-five-a of
under subsection (aa) section two hundred ten
or subsection (k) of section
fourteen hundred fifty-six
(XIX) Brownfield redevelopment Amount of credit
credit under subsection under subdivision
(dd) thirty-three of section
two hundred ten
or subsection (q) of
section fourteen hundred
fifty-six
(XX) Remediated brownfield Amount of credit under
credit for real property subdivision thirty-four
taxes for qualified of section two hundred
sites under subsection ten or subsection (r) of
(ee) section fourteen hundred
fifty-six
(XXI) Environmental Amount of credit under
remediation subdivision thirty-five of
insurance credit under section two hundred
subsection (ff) ten or subsection
(s) of section
A. 6547 16
fourteen hundred
fifty-six
(XXII) Empire state film production Amount of
credit under subsection (gg) credit for qualified
production costs in production
of a qualified film under
subdivision thirty-six of
section two hundred ten
(XXIII) Qualified emerging Qualifying expenditures and
technology company facilities, development activities under
operations and training credit subdivision twelve-G of section
under subsection (nn) two hundred ten
(XXIV) Security training tax Amount of credit
credit under under subdivision thirty-seven
subsection (ii) of section two hundred ten or
under subsection (t) of
section fourteen hundred fifty-six
(XXV) Credit for qualified fuel Amount of credit under
cell electric generating equipment subdivision thirty-seven
expenditures under subsection (g-2) of section two hundred ten
or subsection (t) of
section fourteen hundred
fifty-six
(XXVI) Empire state commercial Amount of credit
production credit under for qualified production
subsection (jj) costs in production
of a qualified commercial under
subdivision thirty-eight of sec-
tion two hundred ten
(XXVII) Biofuel production Amount of credit
tax credit under under subdivision
subsection (jj) thirty-eight of
section two hundred ten
(XXVIII) Clean heating fuel Amount of credit under
credit under subsection (mm) subdivision thirty-nine of
section two hundred ten
(XXIX) Credit for rehabilitation Amount of credit under
of historic properties subdivision forty of
under subsection (oo) [subsection] SECTION two hundred
ten
(XXX) Credit for companies who Amount of credit under
provide transportation subdivision forty of
to individuals section two hundred ten
with disabilities
under subsection (oo)
A. 6547 17
(XXXI) SMALL BUSINESS ELECTRICITY QUALIFYING ELECTRICITY USAGE
ENERGY CREDIT UNDER SUBDIVISION FORTY-ONE
UNDER SUBSECTION (QQ) OF SECTION TWO HUNDRED TEN
S 4. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2010; provided, however that the
empire state film production credit under subsection (gg), the empire
state commercial production credit under subsection (jj) and the credit
for companies who provide transportation to individuals with disabili-
ties under subsection (oo) of section 606 of the tax law contained in
section three of this act shall expire on the same date as provided in
section 9 of part P of chapter 60 of the laws of 2004, as amended,
section 10 of part V of chapter 62 of the laws of 2006, as amended and
section 5 of chapter 522 of the laws of 2006, as amended, respectively.
PART I
Section 1. Subdivision (d) of section 301-b of the tax law, as amended
by section 2 of part H of chapter 407 of the laws of 1999, subparagraph
(C) of paragraph 2 as amended by section 1 of part X of chapter 63 of
the laws of 2000, is amended to read as follows:
(d) Sales to consumers for heating purposes. [(1) Total residential
heating] HEATING exemption. (A) Unenhanced diesel motor fuel sold by a
petroleum business registered under article twelve-A of this chapter as
a distributor of diesel motor fuel or residual petroleum product sold by
a petroleum business registered under this article as a residual petro-
leum product business to the consumer exclusively for [residential]
heating purposes.
(B) Enhanced diesel motor fuel sold by a petroleum business registered
under article twelve-A of this chapter as a distributor of diesel motor
fuel to the consumer exclusively for [residential] heating purposes but
only if such enhanced diesel motor fuel is delivered into a storage tank
which is not equipped with a hose or other apparatus by which such fuel
can be dispensed into the fuel tank of a motor vehicle and such storage
tank is attached to the heating unit burning such fuel, provided, that
with respect to each delivery of such fuel over four thousand five
hundred gallons, to obtain this exemption there shall be required a
certificate signed by the purchaser stating that the product will be
used exclusively for [residential] heating purposes.
[(2) Partial non-residential heating exemption. (A) Unenhanced diesel
motor fuel sold by a petroleum business registered under article
twelve-A of this chapter as a distributor of diesel motor fuel or resi-
dual petroleum product sold by a petroleum business registered under
this article as a residual petroleum product business to the consumer
exclusively for heating, other than residential heating purposes.
(B) Enhanced diesel motor fuel sold by a petroleum business registered
under article twelve-A of this chapter as a distributor of diesel motor
fuel to the consumer exclusively for heating, other than residential
heating purposes, but only if such enhanced diesel motor fuel is deliv-
ered into a storage tank which is not equipped with a hose or other
apparatus by which such fuel can be dispensed into the fuel tank of a
motor vehicle and such storage tank is attached to the heating unit
burning such fuel, provided, that with respect to each delivery of such
fuel over four thousand five hundred gallons, to obtain this exemption
there shall be required a certificate signed by the purchaser stating
A. 6547 18
that the product will be used exclusively for heating, other than resi-
dential heating purposes.
(C) Calculation of partial exemption. Notwithstanding any other
provision of this article, commencing April first, two thousand one and
ending August thirty-first, two thousand two, the amount of the partial
exemption under this paragraph shall be determined by multiplying the
quantity of diesel motor fuel and residual petroleum product eligible
for the exemption times the sum of the then current rate of the supple-
mental tax imposed by section three hundred one-j of this article and
twenty percent of the then current rate of the tax imposed by section
three hundred one-a of this article, with respect to the specific diesel
motor fuel or residual petroleum product rate, as the case may be, and
commencing September first, two thousand two, the amount of the partial
exemption under this paragraph shall be determined by multiplying the
quantity of diesel motor fuel and residual petroleum product eligible
for the exemption times the sum of the then current rate of the supple-
mental tax imposed by section three hundred one-j of this article and
forty-six percent of the then current rate of the tax imposed by section
three hundred one-a of this article, with respect to the specific diesel
motor fuel or residual petroleum product rate, as the case may be.]
S 2. Subdivision (a) of section 301-c of the tax law, as amended by
section 4 of part H of chapter 407 of the laws of 1999 and subparagraph
(B) of paragraph 2 as amended by section 2 of part X of chapter 63 of
the laws of 2000, is amended to read as follows:
(a) Diesel motor fuel used for heating purposes. [(1)] Total [residen-
tial] heating reimbursement. Diesel motor fuel purchased in this state
and sold by such purchaser to a consumer for use exclusively for [resi-
dential] heating purposes but only where (i) such diesel motor fuel is
delivered into a storage tank which is not equipped with a hose or other
apparatus by which such fuel can be dispensed into the fuel tank of a
motor vehicle and such storage tank is attached to the heating unit
burning such fuel, (ii) the tax imposed pursuant to this article has
been paid with respect to such diesel motor fuel and the entire amount
of such tax has been absorbed by such purchaser, and (iii) such purchas-
er possesses documentary proof satisfactory to the commissioner evidenc-
ing the absorption by it of the entire amount of the tax imposed pursu-
ant to this article. Provided, however, that the commissioner is
authorized, in the event that the commissioner determines that it would
not threaten the integrity of the administration and enforcement of the
tax imposed by this article, to provide a reimbursement with respect to
a retail sale to a consumer for [residential] heating purposes of less
than ten gallons of diesel motor fuel provided such fuel is not
dispensed into the tank of a motor vehicle. Provided, further, that with
respect to each delivery of enhanced diesel motor fuel of over four
thousand five hundred gallons, to obtain this reimbursement there shall
be required a certificate signed by the consumer stating that the prod-
uct will be used exclusively for [residential] heating purposes.
[(2) Partial non-residential heating reimbursement. (A) Diesel motor
fuel purchased in this state and sold by such purchaser to a consumer
for use exclusively for heating, other than for residential heating
purposes, but only where (i) such diesel motor fuel is delivered into a
storage tank which is not equipped with a hose or other apparatus by
which such fuel can be dispensed into the fuel tank of a motor vehicle
and such storage tank is attached to the heating unit burning such fuel,
(ii) the tax imposed pursuant to this article has been paid with respect
to such diesel motor fuel and the entire amount of such tax has been
A. 6547 19
absorbed by such purchaser, and (iii) such purchaser possesses documen-
tary proof satisfactory to the commissioner evidencing the absorption by
it of the entire amount of the tax imposed pursuant to this article.
Provided, however, that with respect to each delivery of enhanced diesel
motor fuel of over four thousand five hundred gallons, to obtain this
reimbursement there shall be required a certificate signed by the
consumer stating that the product will be used exclusively for heating,
other than for residential heating purposes.
(B) Calculation of partial reimbursement. Notwithstanding any other
provision of this article, commencing April first, two thousand one and
ending August thirty-first, two thousand two, the amount of the
reimbursement under this paragraph shall be determined by multiplying
the quantity of diesel motor fuel eligible for the reimbursement times
the sum of the then current rate of the supplemental tax imposed by
section three hundred one-j of this article and twenty percent of the
then current rate of the tax imposed by section three hundred one-a of
this article, with respect to the specific diesel motor fuel rate, as
the case may be, and commencing September first, two thousand two, the
amount of the reimbursement under this paragraph shall be determined by
multiplying the quantity of diesel motor fuel eligible for the
reimbursement times the sum of the then current rate of the supplemental
tax imposed by section three hundred one-j of this article and forty-six
percent of the then current rate of the tax imposed by section three
hundred one-a of this article, with respect to the specific diesel motor
fuel rate, as the case may be.]
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART J
Section 1. Section 210 of the tax law is amended by adding a new
subdivision 22-b to read as follows:
22-B. CREDIT FOR ON-THE-JOB TRAINING. (A) GENERAL. A TAXPAYER, WHO HAS
ONE HUNDRED EMPLOYEES OR LESS, SHALL BE ALLOWED A CREDIT, TO BE COMPUTED
AS HEREINAFTER PROVIDED, AGAINST THE TAX IMPOSED BY THIS ARTICLE, FOR
PROVIDING ON-THE-JOB TRAINING TO AN EMPLOYEE.
(B) ON-THE-JOB TRAINING. ON-THE-JOB TRAINING SHALL MEAN TRAINING
WHICH IS SPECIFIED IN AN AGREEMENT BETWEEN THE GRANTEE AND THE EMPLOYER
AND INCLUDES BOTH WORK EXPERIENCE AND TRAINING, FORMALIZED IN AN OUTLINE
DEFINING EACH TRAINING COMPONENT AND OUTCOMES OF THE TRAINING PROCESS.
(C) ON-THE-JOB TRAINING EXPENDITURES. ON-THE-JOB TRAINING EXPENDITURES
SHALL INCLUDE EXPENDITURES FOR THE PURCHASE OF EITHER COMMERCIAL OR
CUSTOMIZED INSTRUCTIONAL MATERIALS INCLUDING SOFTWARE, TEXTS, MANUALS OR
EQUIPMENT THAT CAN BE USED TO SIMULATE JOB TASKS; PAYMENTS TO CONSULT-
ANTS, TRAINERS, OR INSTRUCTORS WHO ARE NOT EMPLOYEES OF THE FIRM; AND
COSTS ASSOCIATED WITH THE USE, RENTAL, OR LEASE OF A CLASSROOM OR OTHER
DEDICATED SPACE FOR THE TRAINING.
(D) AMOUNT OF CREDIT. A CREDIT SHALL BE ALLOWED FOR THE AMOUNT OF
ON-THE-JOB TRAINING EXPENDITURES INCURRED BY AN EMPLOYER. THE AMOUNT OF
CREDIT SHALL NOT EXCEED THREE HUNDRED DOLLARS PER EMPLOYEE FOR WHOM SUCH
TRAINING HAS BEEN PROVIDED DURING THE TAXABLE YEAR IN WHICH SUCH EXPEND-
ITURES WERE MADE.
(E) CARRYOVER. THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXA-
BLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE
HIGHER OF THE AMOUNTS PRESCRIBED IN PARAGRAPHS (C) AND (D) OF SUBDIVI-
SION ONE OF THIS SECTION. PROVIDED, HOWEVER, IF THE AMOUNT OF CREDIT
A. 6547 20
ALLOWABLE UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE TAX TO
SUCH AMOUNT, ANY AMOUNT OF CREDIT NOT DEDUCTIBLE IN SUCH TAXABLE YEAR
MAY BE CARRIED OVER TO THE FOLLOWING YEAR OR YEARS, AND MAY BE DEDUCTED
FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
S 2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
of the tax law, as amended by section 2 of part ZZ-1 of chapter 57 of
the laws of 2008, is amended to read as follows:
(B) shall be treated as the owner of a new business with respect to
such share if the corporation qualifies as a new business pursuant to
paragraph (j) of subdivision twelve of section two hundred ten of this
chapter.
The corporation's credit base under
section two hundred ten or section
With respect to the following fourteen hundred fifty-six of this
credit under this section: chapter is:
(I) Investment tax credit Investment credit base
under subsection (a) or qualified
rehabilitation
expenditures under
subdivision twelve of
section two hundred ten
(II) Empire zone Cost or other basis
investment tax credit under subdivision
under subsection (j) twelve-B
of section two hundred
ten
(III) Empire zone Eligible wages under
wage tax credit subdivision nineteen of
under subsection (k) section two hundred ten
or subsection (e) of
section fourteen hundred
fifty-six
(IV) Empire zone Qualified investments
capital tax credit and contributions under
under subsection (l) subdivision twenty of
section two hundred ten
or subsection (d) of
section fourteen hundred
fifty-six
(V) Agricultural property tax Allowable school
credit under subsection (n) district property taxes under
subdivision twenty-two of
section two hundred ten
(VI) Credit for employment Qualified first-year wages or
of persons with dis- qualified second-year wages
abilities under under subdivision
subsection (o) twenty-three of section
two hundred ten
or subsection (f)
A. 6547 21
of section fourteen
hundred fifty-six
(VII) Employment incentive Applicable investment credit
credit under subsec- base under subdivision
tion (a-1) twelve-D of section two
hundred ten
(VIII) Empire zone Applicable investment
employment credit under sub-
incentive credit under division twelve-C
subsection (j-1) of section two hundred ten
(IX) Alternative fuels credit Cost under subdivision
under subsection (p) twenty-four of section two
hundred ten
(X) Qualified emerging Applicable credit base
technology company under subdivision twelve-E
employment credit of section two hundred ten
under subsection (q)
(XI) Qualified emerging Qualified investments under
technology company subdivision twelve-F of
capital tax credit section two hundred ten
under subsection (r)
(XII) Credit for purchase of an Cost of an automated
automated external defibrillator external defibrillator under
under subsection (s) subdivision twenty-five of
section two hundred ten
or subsection (j) of section
fourteen hundred fifty-six
(XIII) Low-income housing Credit amount under
credit under subsection (x) subdivision thirty
of section two hundred ten or
subsection (l) of section
fourteen hundred fifty-six
(XIV) Credit for Amount of credit under sub-
transportation improvement division thirty-two of section
contributions under subsection (z) two hundred ten or subsection
(n) of section fourteen
hundred fifty-six
(XV) QEZE credit for Amount of credit under
real property taxes under subdivision twenty-seven of
subsection (bb) section two hundred ten or
subsection (o) of section
fourteen hundred fifty-six
(XVI) QEZE tax reduction credit Amount of benefit period
under subsection (cc) factor, employment increase factor
and zone allocation
factor (without regard
A. 6547 22
to pro ration) under
subdivision twenty-eight of
section two hundred ten or
subsection (p) of section
fourteen hundred fifty-six
and amount of tax factor
as determined under
subdivision (f) of section sixteen
(XVII) Green building Amount of green building credit
credit under subsection (y) under subdivision thirty-one
of section two hundred ten
or subsection (m) of section
fourteen hundred fifty-six
(XVIII) Credit for long-term Qualified costs under
care insurance premiums subdivision twenty-five-a of
under subsection (aa) section two hundred ten
or subsection (k) of section
fourteen hundred fifty-six
(XIX) Brownfield redevelopment Amount of credit
credit under subsection under subdivision
(dd) thirty-three of section
two hundred ten
or subsection (q) of
section fourteen hundred
fifty-six
(XX) Remediated brownfield Amount of credit under
credit for real property subdivision thirty-four
taxes for qualified of section two hundred
sites under subsection ten or subsection (r) of
(ee) section fourteen hundred
fifty-six
(XXI) Environmental Amount of credit under
remediation subdivision thirty-five of
insurance credit under section two hundred
subsection (ff) ten or subsection
(s) of section
fourteen hundred
fifty-six
(XXII) Empire state Amount of credit for qualified
film production credit under production costs in production
subsection (gg) of a qualified film under
subdivision thirty-six of
section two hundred ten
(XXIII) Qualified emerging Qualifying expenditures and
technology company facilities, development activities under
operations and training credit subdivision twelve-G of section
under subsection (nn) two hundred ten
A. 6547 23
(XXIV) Security training tax Amount of credit
credit under under subdivision thirty-seven
subsection (ii) of section two hundred ten or
under subsection (t) of
section fourteen hundred fifty-six
(XXV) Credit for qualified fuel Amount of credit under
cell electric generating equipment subdivision thirty-seven
expenditures under subsection (g-2) of section two hundred ten
or subsection (t) of
section fourteen hundred
fifty-six
(XXVI) Empire state commercial Amount of credit for qualified
production credit under production costs in production
subsection (jj) of a qualified commercial under
subdivision thirty-eight of sec-
tion two hundred ten
(XXVII) Biofuel production Amount of credit
tax credit under under subdivision
subsection (jj) thirty-eight of
section two hundred ten
(XXVIII) Clean heating fuel credit Amount of credit under
under subsection (mm) subdivision thirty-nine of
section two hundred ten
(XXIX) Credit for rehabilitation Amount of credit under
of historic properties subdivision forty of
under subsection (oo) [subsection] SECTION
two hundred ten
(XXX) Credit for companies who Amount of credit under
provide transportation subdivision forty of
to individuals section two hundred ten
with disabilities
under subsection (oo)
(XXXI) CREDIT FOR ON-THE-JOB COSTS UNDER SUBDIVISION
TRAINING UNDER SUBSECTION (RR) TWENTY-TWO-B OF
SECTION TWO HUNDRED TEN
S 3. Section 606 of the tax law is amended by adding a new subsection
(rr) to read as follows:
(RR) CREDIT FOR ON-THE-JOB TRAINING. (1) GENERAL. A TAXPAYER, WHO HAS
ONE HUNDRED EMPLOYEES OR LESS, SHALL BE ALLOWED A CREDIT, TO BE COMPUTED
AS HEREINAFTER PROVIDED, AGAINST THE TAX IMPOSED BY THIS ARTICLE, FOR
PROVIDING ON-THE-JOB TRAINING TO AN EMPLOYEE.
(2) ON-THE-JOB TRAINING. ON-THE-JOB TRAINING SHALL MEAN TRAINING
WHICH IS SPECIFIED IN AN AGREEMENT BETWEEN THE GRANTEE AND THE EMPLOYER
AND INCLUDES BOTH WORK EXPERIENCE AND TRAINING, FORMALIZED IN AN OUTLINE
DEFINING EACH TRAINING COMPONENT AND OUTCOMES OF THE TRAINING PROCESS.
(3) ON-THE-JOB TRAINING EXPENDITURES. ON-THE-JOB TRAINING EXPENDITURES
SHALL INCLUDE EXPENDITURES FOR THE PURCHASE OF EITHER COMMERCIAL OR
CUSTOMIZED INSTRUCTIONAL MATERIALS INCLUDING SOFTWARE, TEXTS, MANUALS OR
EQUIPMENT THAT CAN BE USED TO SIMULATE JOB TASKS; PAYMENTS TO CONSULT-
A. 6547 24
ANTS, TRAINERS, OR INSTRUCTORS WHO ARE NOT EMPLOYEES OF THE FIRM; AND
COSTS ASSOCIATED WITH THE USE, RENTAL, OR LEASE OF A CLASSROOM OR OTHER
DEDICATED SPACE FOR THE TRAINING.
(4) AMOUNT OF CREDIT. A CREDIT SHALL BE ALLOWED FOR THE AMOUNT OF
ON-THE-JOB TRAINING EXPENDITURES INCURRED BY AN EMPLOYER. THE AMOUNT OF
CREDIT SHALL NOT EXCEED THREE HUNDRED DOLLARS PER EMPLOYEE FOR WHOM SUCH
TRAINING HAS BEEN PROVIDED DURING THE TAXABLE YEAR IN WHICH SUCH EXPEND-
ITURES WERE MADE.
(5) CARRYOVER. IF THE AMOUNT OF CREDIT ALLOWABLE UNDER THIS SUBSECTION
FOR ANY TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH TAX YEAR,
THE EXCESS MAY BE CARRIED OVER TO THE FOLLOWING YEAR OR YEARS, AND MAY
BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
S 4. This act shall take effect immediately and shall apply to taxable
years beginning on and after the first of January next succeeding the
date on which it shall have become a law; provided, however that the
empire state film production credit under subsection (gg), the empire
state commercial production credit under subsection (jj) and the credit
for companies who provide transportation to individuals with disabili-
ties under subsection (oo) of section 606 of the tax law contained in
section two of this act shall expire on the same date as provided in
section 9 of part P of chapter 60 of the laws of 2004, as amended,
section 10 of part V of chapter 62 of the laws of 2006, as amended and
section 5 of chapter 522 of the laws of 2006, as amended, respectively.
PART K
Section 1. Subdivision 3 of section 425 of the real property tax law,
as added by section 1 of part B of chapter 389 of the laws of 1997,
paragraph (a) as amended by chapter 264 of the laws of 2000, paragraph
(d) as added by chapter 443 of the laws of 2003, paragraph (e) as added
by section 2 of part W of chapter 57 of the laws of 2008, is amended to
read as follows:
3. Eligibility requirements. (a) Property use. To qualify for
exemption pursuant to this section, the property must be a one, two or
three family residence, a farm dwelling, A SMALL BUSINESS or residential
property held in condominium or cooperative form of ownership. If the
property is not an eligible type of property, but a portion of the prop-
erty is partially used by the owner as a primary residence, that portion
which is so used shall be entitled to the exemption provided by this
section; provided that in no event shall the exemption exceed the
assessed value attributable to that portion.
(b) Primary residence. The property must serve as the primary resi-
dence of one or more of the owners thereof, UNLESS SUCH PROPERTY IS
OWNED BY A SMALL BUSINESS AS DEFINED IN PARAGRAPH (F) OF THIS SUBDIVI-
SION.
(c) Trusts. If legal title to the property is held by one or more
trustees, the beneficial owner or owners shall be deemed to own the
property for purposes of this subdivision.
(d) Farm dwellings not owned by the resident. (i) If legal title to
the farm dwelling is held by an S-corporation or by a C-corporation, the
exemption shall be granted if the property serves as the primary resi-
dence of a shareholder of such corporation.
(ii) If the legal title to the farm dwelling is held by a partnership,
the exemption shall be granted if the property serves as the primary
residence of one or more of the partners.
A. 6547 25
(iii) Any information deemed necessary to establish shareholder or
partner status for eligibility purposes shall be considered confidential
and exempt from the freedom of information law.
(e) Dwellings owned by limited partnerships. (i) If legal title to a
dwelling is held by a limited partnership, the exemption shall be grant-
ed if the property serves as the primary residence of one or more of the
partners, provided that the limited partnership which holds title to the
property does not engage in any commercial activity, that the limited
partnership was lawfully created to hold title solely for estate plan-
ning and asset protection purposes, and that the partner or partners who
primarily reside thereon personally pay all of the real property taxes
and other costs associated with the property's ownership.
(ii) Any information deemed necessary to establish partner status for
eligibility purposes shall be considered confidential and exempt from
the freedom of information law.
(F) SMALL BUSINESSES. FOR THE PURPOSES OF THIS SUBDIVISION:
(I) THE TERM "SMALL BUSINESS" SHALL MEAN A BUSINESS WHICH EMPLOYS ONE
HUNDRED PERSONS OR LESS AND IS LOCATED ON A NON-RESIDENTIAL PROPERTY
USED PRIMARILY FOR COMMERCIAL PURPOSES. SUCH BUSINESS WILL ONLY BE
ELIGIBLE FOR THE EXEMPTION IF IT DOES NOT RECEIVE EMPIRE ZONE REAL PROP-
ERTY TAX BENEFITS PURSUANT TO SECTION FIFTEEN OF THE TAX LAW OR DOES NOT
MAKE PAYMENTS IN LIEU OF TAXES TO THE PUBLIC SCHOOL DISTRICT IN WHICH
SUCH SMALL BUSINESS IS LOCATED AT A RATE BELOW THE RATE APPLICABLE TO
ALL OTHER PROPERTIES; AND
(II) THE TERM "COMMERCIAL" SHALL HAVE THE SAME MEANING AS SET FORTH IN
SECTION FOUR HUNDRED EIGHTY-NINE-AAA OF THIS ARTICLE.
S 2. This act shall take effect immediately and shall apply to all
taxable years beginning on and after January 1, 2010.
S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgement shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such
judgement shall have been rendered. It is hereby declared to be the
intent of the legislature that this act would have been enacted even if
such invalid provisions had not been included herein.
S 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through K of this act shall be
as specifically set forth in the last section of such Parts.