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Senate Bill S5291

2013-2014 Legislative Session

Establishes a biodiesel fuel tax exemption

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Archive: Last Bill Status - In Senate Committee Finance Committee

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2013-S5291 (ACTIVE) - Details

See Assembly Version of this Bill:
A7469
Current Committee:
Senate Finance
Law Section:
Tax Law
Laws Affected:
Amd ยง301-b, Tax L
Versions Introduced in 2011-2012 Legislative Session:
S1200, A6999

2013-S5291 (ACTIVE) - Summary

Establishes a biodiesel fuel tax exemption.

2013-S5291 (ACTIVE) - Sponsor Memo

2013-S5291 (ACTIVE) - Bill Text download pdf 

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

                                  5291

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 15, 2013
                               ___________

Introduced  by  Sen.  GRIFFO -- 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 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

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