NY State Senate Bill 2009-S4951

Senate Bill S4951

2009-2010 Legislative Session

Establishes a real property tax abatement for the owners of land used for replanting or crop expansion of woody biomass for the production of ethanol

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 11, 2010	reported and committed to finance
Jan 06, 2010	referred to agriculture
Jun 02, 2009	reported and committed to finance
Apr 27, 2009	referred to agriculture

Votes

- May 11, 2010 - Agriculture Committee Vote
  S4951
  
  9
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Agriculture Committee Vote: May 11, 2010
      
      aye (9)
      
      Aubertine
      
      Breslin
      
      Montgomery
      
      Ranzenhofer
      
      Seward
      
      Stachowski
      
      Valesky
      
      Winner
      
      Young

2009-S4951 (ACTIVE) - Details

See Assembly Version of this Bill:: A240
Current Committee:: Senate Finance
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §305, Ag & Mkts L

2009-S4951 (ACTIVE) - Summary

Establishes a real property tax abatement for the owners of land used for replanting or crop expansion of woody biomass for the production of ethanol or biodiesel, including willow.

2009-S4951 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4951

 TITLE OF BILL :
An act to amend the agriculture and markets law, in relation to
establishing a real property tax abatement for the owners of land used
for replanting or crop expansion of woody biomass for the production
of ethanol or biodiesel, including willow


 PURPOSE :
To encourage greater production of cellulosic ethanol or biodiesel by
establishing a real property tax abatement for the owners of land used
for replanting or crop expansion of woody biomass for the production
of ethanol or biodiesel, including but not limited to willow and
grasses.

 SUMMARY OF PROVISIONS :
Section 1 adds a new subdivision 8 to section 305 of the agriculture
and markets law to exempt from real property tax for three successive
years following the date of replanting or crop expansion providing
certain conditions are met: a) the land must be part of land used in
agricultural production of wood y biomass for the production of
ethanol or biodiesel within an agricultural district or must be part
of land used in agricultural assessment pursuant to this section or
section 306 of this article; b) the land shall not in anyone year
exceed 20 percent of the total acreage of such land; c) the land must

be maintained as land used in agricultural production of woody biomass
for each year the exemption is granted. If the land is within an area
which the governor has declared to be a disaster emergency in a year
in which such tax exemption is sought and the land meets all other
eligibility requirements, the maximum 20 percent total acreage
restriction may be exceeded for that year and any remaining successive
years.

 JUSTIFICATION :
In Chapter 62 of the laws of 2006, New York State established a
biofuel production credit equal to 15 cents per gallon after the
production of the first forty thousand gallons of biofuels. This
legislation demonstrated New York State's commitment to mass
production of biofuels. The legislation was also intended to support
commercialization of new technologies developed at SUNY ESF, Cornell
and Clarkson universities for production of cellulosic ethanol using
different feedstocks, such as willow, northern hardwoods, and grasses.

Cellulosic ethanol has numerous benefits over ethanol produced from
corn or sorghum. First, willows and northern hardwoods are well-suited
to the climate of New York State. Therefore, New York State's existing
natural resources are uniquely positioned to contribute to increased
production of cellulosic ethanol. Second, the u.S. Department of
Energy and u.S.  Department of Agriculture reported in April 2005 that
the united States has the capacity to sustainably produce 1.3 billion
tons of biomass each year, which would displace at least 30 percent of
current petroleum consumption in the United States. Furthermore,
cellulose ethanol produces fewer greenhouse gas emissions than other
types of ethanol. For these reasons, New York State should generate
additional incentives for production of cellulosic ethanol. This bill
would provide an exemption on real property taxes for land used to
produce the woody biomass required to make cellulosic ethanol.

 LEGISLATIVE HISTORY :
A8896A of 2007-2008

 FISCAL IMPLICATIONS :
Undetermined.

 EFFECTIVE DATE :
Immediately, and shall apply to assessment rolls prepared after
January

2009-S4951 (ACTIVE) - Bill Text download pdf

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

                                  4951

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

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

AN ACT to amend the agriculture and markets law, in relation  to  estab-
  lishing  a real property tax abatement for the owners of land used for
  replanting or crop expansion of woody biomass for  the  production  of
  ethanol or biodiesel, including willow

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

  Section 1. Section 305 of the agriculture and markets law  is  amended
by adding a new subdivision 8 to read as follows:
  8.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THAT PORTION
OF THE VALUE OF LAND WHICH IS USED SOLELY FOR THE PURPOSE OF  REPLANTING
OR  CROP EXPANSION OF WOODY BIOMASS, INCLUDING BUT NOT LIMITED TO GRASS-
ES, FOR THE PRODUCTION OF ETHANOL OR BIODIESEL, INCLUDING BUT NOT LIMIT-
ED TO WILLOW, SHALL BE EXEMPT FROM REAL PROPERTY TAXATION FOR  A  PERIOD
OF  THREE SUCCESSIVE YEARS FOLLOWING THE DATE OF SUCH REPLANTING OR CROP
EXPANSION BEGINNING ON THE FIRST ELIGIBLE TAXABLE STATUS DATE  FOLLOWING
SUCH REPLANTING OR EXPANSION PROVIDED THE FOLLOWING CONDITIONS ARE MET:
  A. THE LAND USED FOR CROP EXPANSION OR REPLANTING MUST BE PART OF LAND
USED  IN  AGRICULTURAL PRODUCTION OF WOODY BIOMASS FOR THE PRODUCTION OF
ETHANOL OR BIODIESEL WITHIN AN AGRICULTURAL DISTRICT OR SUCH  LAND  MUST
BE  PART  OF LAND USED IN AGRICULTURAL PRODUCTION OF WOODY BIOMASS WHICH
IS ELIGIBLE FOR AN AGRICULTURAL ASSESSMENT PURSUANT TO THIS  SECTION  OR
SECTION  THREE  HUNDRED SIX OF THIS ARTICLE WHERE THE OWNER OF SUCH LAND
HAS FILED AN ANNUAL APPLICATION FOR AN AGRICULTURAL ASSESSMENT;
  B. THE LAND ELIGIBLE FOR SUCH REAL PROPERTY TAX EXEMPTION SHALL NOT IN
ANY ONE YEAR EXCEED TWENTY PERCENT OF THE TOTAL  ACREAGE  OF  SUCH  LAND
USED  IN AGRICULTURAL PRODUCTION OF WOODY BIOMASS WITHIN AN AGRICULTURAL
DISTRICT OR TWENTY PERCENT OF THE TOTAL ACREAGE OF  SUCH  LAND  USED  IN
AGRICULTURAL  PRODUCTION  OF  WOODY BIOMASS ELIGIBLE FOR AN AGRICULTURAL
ASSESSMENT PURSUANT TO THIS SECTION AND SECTION  THREE  HUNDRED  SIX  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00533-01-9

S. 4951                             2

THIS  ARTICLE  WHERE THE OWNER OF SUCH LAND HAS FILED AN ANNUAL APPLICA-
TION FOR AN AGRICULTURAL ASSESSMENT;
  C.  THE  LAND  ELIGIBLE  FOR  SUCH REAL PROPERTY TAX EXEMPTION MUST BE
MAINTAINED AS LAND USED IN AGRICULTURAL PRODUCTION OF WOODY BIOMASS  FOR
EACH YEAR SUCH EXEMPTION IS GRANTED; AND
  D.  WHEN THE LAND USED FOR THE PURPOSE OF REPLANTING OR CROP EXPANSION
ON LAND USED IN AGRICULTURAL PRODUCTION  OF  WOODY  BIOMASS  IS  LOCATED
WITHIN  AN AREA WHICH HAS BEEN DECLARED BY THE GOVERNOR TO BE A DISASTER
EMERGENCY IN A YEAR IN WHICH SUCH TAX EXEMPTION IS SOUGHT AND IN A  YEAR
IN WHICH SUCH LAND MEETS ALL OTHER ELIGIBILITY REQUIREMENTS FOR SUCH TAX
EXEMPTION  SET  FORTH  IN  THIS  SUBDIVISION, THE MAXIMUM TWENTY PERCENT
TOTAL ACREAGE RESTRICTION SET FORTH IN PARAGRAPH B OF  THIS  SUBDIVISION
MAY  BE  EXCEEDED  FOR SUCH YEAR AND FOR ANY REMAINING SUCCESSIVE YEARS;
PROVIDED, HOWEVER, THAT THE LAND ELIGIBLE FOR  SUCH  REAL  PROPERTY  TAX
EXEMPTION  SHALL  NOT  EXCEED THE TOTAL ACREAGE WHICH REMAINS DAMAGED OR
DESTROYED IN ANY REMAINING SUCCESSIVE YEAR. THE TOTAL ACREAGE FOR  WHICH
SUCH  EXEMPTION IS SOUGHT PURSUANT TO THIS PARAGRAPH SHALL BE SUBJECT TO
VERIFICATION BY THE COMMISSIONER OR HIS OR HER DESIGNEE.
  S 2. This act shall take effect immediately and shall apply to assess-
ment rolls prepared after January 1, 2011.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.