S T A T E O F N E W Y O R K
________________________________________________________________________
7762
I N S E N A T E
May 6, 2010
___________
Introduced by Sen. AUBERTINE -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the tax law, in relation to extending the biofuel
production tax credit
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] EIGHT consecutive taxable years per biofuel plant.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14389-01-9