S T A T E O F N E W Y O R K
________________________________________________________________________
7588--A
2009-2010 Regular Sessions
I N A S S E M B L Y
April 16, 2009
___________
Introduced by M. of A. SCHIMMINGER -- read once and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the tax law, in relation to providing a tax credit for
the purchase of certified sustainably harvested wood products
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 606 of the tax law is amended by adding a new
subsection (qq) to read as follows:
(QQ) CERTIFIED SUSTAINABLY HARVESTED WOOD PRODUCTS TAX CREDIT. (1)
ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST THE
TAX IMPOSED BY THIS ARTICLE FOR THE COST OF MATERIAL INCURRED IN
CONNECTION WITH THE INSTALLATION OF CERTIFIED SUSTAINABLY HARVESTED WOOD
PRODUCTS IN HIS OR HER PRINCIPAL RESIDENCE, IF SUCH RESIDENCE IS LOCATED
IN THIS STATE. THE AMOUNT OF THE CREDIT SHALL BE EQUAL TO TWENTY
PERCENT OF THE MATERIAL COST OF SUCH FLOORING.
(2) MULTIPLE TAXPAYERS. IF THE PRINCIPAL RESIDENCE IS SHARED BY TWO OR
MORE TAXPAYERS, THE AMOUNT OF THE CREDIT ALLOWABLE UNDER THIS SUBSECTION
FOR EACH SUCH ELIGIBLE TAXPAYER SHALL BE PRORATED ACCORDING TO THE
PERCENTAGE OF THE TOTAL EXPENDITURE INCURRED BY EACH TAXPAYER.
(3) APPLICATION OF CREDIT. IF THE AMOUNT OF THE 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.
(4) THE TERM "CERTIFIED SUSTAINABLY HARVESTED WOOD PRODUCTS" MEANS,
FOR PURPOSES OF THIS SUBSECTION, WOOD FLOORING THAT HAS BEEN CERTIFIED
TO BE IN COMPLIANCE WITH THE STANDARDS ENDORSED BY THE FOREST STEWARD-
SHIP COUNCIL OR SUSTAINABLE FORESTRY INITIATIVE OR OTHER THIRD PARTY
INDEPENDENT CERTIFICATION ENTITY, WHICH THE COMMISSIONER IN CONSULTATION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10887-04-9
A. 7588--A 2
WITH THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION, DETERMINES SUSTAIN-
ABLE FORESTRY PRACTICES ARE ASSURED THROUGH EXTENSIVE FOREST REGU-
LATIONS, EFFECTIVE ENFORCEMENT AND AN OPEN, DEMOCRATIC GOVERNANCE
SYSTEM.
S 2. Section 210 of the tax law is amended by adding a new subdivision
41 to read as follows:
41. CREDIT FOR PURCHASE OF CERTIFIED SUSTAINABLY HARVESTED WOOD
PRODUCTS. (A) A TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST THE TAX
IMPOSED BY THIS ARTICLE FOR THE COST OF MATERIAL INCURRED IN CONNECTION
WITH THE INSTALLATION OF CERTIFIED SUSTAINABLY HARVESTED WOOD PRODUCTS
IN REAL PROPERTY LOCATED IN THIS STATE. THE AMOUNT OF THE CREDIT SHALL
BE EQUAL TO TWENTY PERCENT OF THE MATERIAL COST OF SUCH FLOORING. THE
CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY 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. IF, HOWEV-
ER, THE AMOUNT OF CREDIT ALLOWABLE UNDER THIS SUBDIVISION FOR ANY TAXA-
BLE YEAR REDUCES THE TAX TO SUCH AMOUNT, ANY AMOUNT OF CREDIT NOT DEDUC-
TIBLE 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.
(B) THE TERM "CERTIFIED SUSTAINABLY HARVESTED WOOD PRODUCTS" MEANS,
FOR PURPOSES OF THIS SUBSECTION, WOOD FLOORING THAT HAS BEEN CERTIFIED
TO BE IN COMPLIANCE WITH THE STANDARDS ENDORSED BY THE FOREST STEWARD-
SHIP COUNCIL OR SUSTAINABLE FORESTRY INITIATIVE OR OTHER THIRD PARTY
INDEPENDENT CERTIFICATION ENTITY, WHICH THE COMMISSIONER IN CONSULTATION
WITH THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION, DETERMINES SUSTAIN-
ABLE FORESTRY PRACTICES ARE ASSURED THROUGH EXTENSIVE FOREST REGU-
LATIONS, EFFECTIVE ENFORCEMENT AND AN OPEN, DEMOCRATIC GOVERNANCE
SYSTEM.
S 3. This act shall take effect immediately.