S T A T E O F N E W Y O R K
________________________________________________________________________
8835
2009-2010 Regular Sessions
I N A S S E M B L Y
June 11, 2009
___________
Introduced by M. of A. LENTOL -- read once and referred to the Committee
on Ways and Means
AN ACT to amend the tax law, in relation to extending the biofuel credit
and to amend the general municipal law, in relation to requiring all
municipalities to use biofuels for any purpose which requires the use
of fuel
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (a) of section 28 of the tax law, as added by
section 1 of part X of chapter 62 of the laws of 2006, is amended to
read as follows:
(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 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] NINE consecutive taxable years per biofuel plant.
S 2. The general municipal law is amended by adding a new section 99-v
to read as follows:
S 99-V. USE OF BIOFUELS. ALL COUNTIES, CITIES, TOWNS AND VILLAGES
SHALL BE REQUIRED TO USE BIOFUELS FOR ANY PURPOSE WHICH REQUIRES THE USE
OF FUEL.
S 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14233-01-9