S T A T E O F N E W Y O R K
________________________________________________________________________
774
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. LIFTON, COLTON, JAFFEE, WEISENBERG, CAHILL,
SCHIMMINGER -- Multi-Sponsored by -- M. of A. SWEENEY, TITONE, WEPRIN
-- read once and referred to the Committee on Ways and Means
AN ACT to amend the tax law, in relation to establishing a tax credit
for businesses retrofitting heavy duty vehicles
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 210 of the tax law is amended by adding a new
subdivision 46 to read as follows:
46. CREDIT FOR BUSINESSES RETROFITTING HEAVY DUTY VEHICLES. (A) GENER-
AL. A TAXPAYER WHOSE BUSINESS RETROFITS THEIR HEAVY DUTY VEHICLES TO
COMPLY WITH THE DIESEL EMISSIONS REDUCTION ACT OF 2006 SHALL BE ALLOWED
A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE, TO BE COMPUTED AS
PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION.
(B) DEFINITIONS. FOR PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(I) "HEAVY DUTY VEHICLE" OR "VEHICLE" MEANS ANY ON AND OFF-ROAD VEHI-
CLE POWERED BY DIESEL FUEL AND HAVING A GROSS VEHICLE WEIGHT OF GREATER
THAN EIGHT THOUSAND FIVE HUNDRED POUNDS, OR IN THE CASE OF A NON-ROAD
VEHICLE, A VEHICLE POWERED BY DIESEL FUEL AND AN ENGINE WITH A RATING OF
AT LEAST SEVENTY-FIVE HORSEPOWER.
(II) "RETROFITTING" MEANS ADDITION OF NEW OR BETTER POLLUTION CONTROL
AFTER-TREATMENT EQUIPMENT TO DIESEL ENGINES, UPGRADING A DIESEL ENGINE
TO A CLEANER CONFIGURATION AND EARLY REPLACEMENT OF OLDER ENGINES WITH
NEWER, CLEANER ENGINES.
(C) AMOUNT OF CREDIT. THE AMOUNT OF CREDIT SHALL BE FIFTY PERCENT OF
THE COST TO THE TAXPAYER FOR RETROFITTING THEIR HEAVY DUTY VEHICLES TO
COMPLY WITH THE DIESEL EMISSIONS REDUCTION ACT OF 2006. THE CREDIT
ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR SHALL NOT REDUCE THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02513-01-3
A. 774 2
TAX DUE FOR SUCH YEAR TO LESS THAN THE HIGHER OF THE AMOUNTS PRESCRIBED
IN PARAGRAPHS (C) AND (D) OF SUBDIVISION ONE OF THIS SECTION.
S 2. Section 606 of the tax law is amended by adding a new subsection
(vv) to read as follows:
(VV) CREDIT FOR BUSINESSES RETROFITTING HEAVY DUTY VEHICLES. (1)
GENERAL. A TAXPAYER WHOSE BUSINESS RETROFITS THEIR HEAVY DUTY VEHICLES
TO COMPLY WITH THE DIESEL EMISSIONS REDUCTION ACT OF 2006 SHALL BE
ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE, TO BE COMPUTED
AS PROVIDED IN PARAGRAPH THREE OF THIS SUBSECTION.
(2) DEFINITIONS. FOR PURPOSES OF THIS SUBSECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "HEAVY DUTY VEHICLE" OR "VEHICLE" MEANS ANY ON AND OFF-ROAD VEHI-
CLE POWERED BY DIESEL FUEL AND HAVING A GROSS VEHICLE WEIGHT OF GREATER
THAN EIGHT THOUSAND FIVE HUNDRED POUNDS, OR IN THE CASE OF A NON-ROAD
VEHICLE, A VEHICLE POWERED BY DIESEL FUEL AND AN ENGINE WITH A RATING OF
AT LEAST SEVENTY-FIVE HORSEPOWER.
(B) "RETROFITTING" MEANS ADDITION OF NEW OR BETTER POLLUTION CONTROL
AFTER-TREATMENT EQUIPMENT TO DIESEL ENGINES, UPGRADING A DIESEL ENGINE
TO A CLEANER CONFIGURATION AND EARLY REPLACEMENT OF OLDER ENGINES WITH
NEWER, CLEANER ENGINES.
(3) AMOUNT OF CREDIT. THE AMOUNT OF CREDIT SHALL BE FIFTY PERCENT OF
THE COST TO THE TAXPAYER FOR RETROFITTING THEIR HEAVY DUTY VEHICLES TO
COMPLY WITH THE DIESEL EMISSIONS REDUCTION ACT OF 2006. IN NO EVENT
SHALL THE CREDIT PROVIDED IN THIS SUBSECTION BE ALLOWED IN EXCESS OF THE
TAXPAYER'S TAX FOR SUCH YEAR.
S 3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
of the tax law is amended by adding a new clause (xxxv) to read as
follows:
(XXXV) CREDIT FOR BUSINESSES AMOUNT OF CREDIT
RETROFITTING HEAVY DUTY VEHICLES UNDER SUBDIVISION
UNDER SUBSECTION (VV) FORTY-SIX OF SECTION
TWO HUNDRED TEN
S 4. This act shall take effect immediately; provided, however, that
the credits established by sections one, two and three of this act shall
apply to taxable years beginning on or after January 1, 2011.