S T A T E   O F   N E W   Y O R K
________________________________________________________________________
                                  7469
                       2013-2014 Regular Sessions
                          I N  A S S E M B L Y
                              May 21, 2013
                               ___________
Introduced  by M. of A. RUSSELL -- read once and referred to the Commit-
  tee on Ways and Means
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 added 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] EQUAL TO THE PERCENT OF  BIODIESEL
PER GALLON.
  (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such paragraph and shall be deemed repealed therewith.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.
                                                           LBD11088-01-3