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Senate Bill S8303

2009-2010 Legislative Session

Establishes a biodiesel fuel tax exemption

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2009-S8303 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Tax Law
Laws Affected:
Amd ยง301-b, Tax L

2009-S8303 (ACTIVE) - Summary

Establishes a biodiesel fuel tax exemption.

2009-S8303 (ACTIVE) - Sponsor Memo

2009-S8303 (ACTIVE) - Bill Text download pdf 

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

                                  8303

                            I N  S E N A T E

                              June 22, 2010
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the tax law, in relation to establishing a biodiesel tax
  exemption

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

  Section  1. Paragraph 7 of subdivision (a) of section 301-b of the tax
law, as amended by section 4 of part W-1 of chapter 109 of the  laws  of
2006, is amended to read as follows:
  (7)(i)  [Partial B20] BIODIESEL exemption. [B20] BIODIESEL imported or
caused to be imported into this state or produced, refined, manufactured
or compounded in this state by a  petroleum  business  registered  under
article twelve-A of this chapter, as a distributor of diesel motor fuel,
and then sold by such petroleum business.
  (ii)  Calculation  of [partial] exemption. The amount of the [partial]
exemption under this paragraph shall be [determined by  multiplying  the
quantity  of  B20 times twenty percent of the applicable taxes otherwise
imposed by this article on such fuel] $0.01 PER PERCENT OF BIODIESEL PER
GALLON, NOT TO EXCEED TWENTY CENTS PER GALLON, PURCHASED BY SUCH TAXPAY-
ER.
  (III) FOR PURPOSES OF THIS PARAGRAPH, "BIODIESEL" SHALL  MEAN  A  FUEL
COMPRISED  EXCLUSIVELY  OF  MONO-ALKYL  ESTERS OF LONG CHAIN FATTY ACIDS
DERIVED FROM VEGETABLE OILS OR ANIMAL FATS, DESIGNATED B100, WHICH MEETS
THE SPECIFICATIONS OF AMERICAN SOCIETY OF TESTING AND  MATERIALS  DESIG-
NATION D 6751.
  S  2.  This act shall take effect immediately; provided, however, that
the amendments to paragraph 7 of subdivision (a) of section 301-b of the
tax law made by section one of this act shall not affect the  repeal  of
such paragraph and shall be deemed repealed therewith.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16819-02-0

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