senate Bill S1708A

2013-2014 Legislative Session

Relates to brownfield site cleanup; repealer

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to investigations and government operations
Oct 09, 2013 print number 1708a
amend and recommit to investigations and government operations
Jan 09, 2013 referred to investigations and government operations

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S1708 - Bill Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Tax Law
Laws Affected:
Amd §§21, 22 & 23, Tax L; rpld part H §31, Chap 1 of 2003
Versions Introduced in 2011-2012 Legislative Session:
S6942

S1708 - Bill Texts

view summary

Relates to brownfield site cleanup; relates to the repeal of certain brownfield redevelopment tax credits.

view sponsor memo
BILL NUMBER:S1708

TITLE OF BILL:
An act
to amend
the
tax law, in relation to brownfield site cleanup;
and to repeal section 31 of part H
of chapter 1 of the laws of 2003 amending the tax law relating to
brownfield redevelopment tax credits, relating thereto

PURPOSE:
To eliminate the sunset of the brownfields program; to extend time
frames in relation to environmental zone designations; and to
increase the tax credits allowed for environmental remediation
insurance issued with respect to a qualified site.

SUMMARY OF SPECIFIC PROVISIONS:

Sections 1 and 2 amend the Tax Law in relation to environmental zones.
The definition of "environmental zone" is amended to incorporate data
from the most recent census. Time frames with respect to
environmental zone designations are extended from two thousand ten to
the year two thousand thirteen.

Section 3 amends the Tax Law by increasing the tax credits allowed for
environmental remediation insurance issued with respect to a
qualified site from thirty thousand to ninety thousand dollars.

Section 4 repeals section 31 of part H of chapter 1 of the laws of
2003 amending the tax law relating to brownfield redevelopment tax
credits.

Section 5 provides the effective date.

JUSTIFICATION:
This bill would eliminate the March 31, 2015 sunset of the brownfield
cleanup program (BCP). Projects take on average 2.8 years to obtain a
certificate of completion, which is required to receive tax credits.
Removal of the sunset is necessary to keep the program going because
the sunset has effectively ceased inclusion of new projects under the
BCP.

Further, this bill extends the time frames associated with
environmental zone designations and allows for figures in the most
recent census to inform the designation process.

Last, the tax credits allowed for environmental remediation insurance
are increased from thirty thousand to ninety thousand dollars. This
comes in response to a fourfold increase in the cost of insurance
since 2004.

PRIOR LEGISLATIVE HISTORY:
S. 6942 of 2011-12; referred to Rules.

FISCAL IMPLICATIONS: Minimal.


EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  1708

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. GRISANTI, MAZIARZ -- read twice and ordered printed,
  and  when  printed  to be committed to the Committee on Investigations
  and Government Operations

AN ACT to amend the tax law, in relation to brownfield site cleanup; and
  to repeal section 31 of part H of chapter 1 of the laws of 2003 amend-
  ing the tax law relating  to  brownfield  redevelopment  tax  credits,
  relating thereto

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

  Section 1.  Paragraph 6 of subdivision (b) of section 21  of  the  tax
law,  as  amended  by  section 1 of part H of chapter 577 of the laws of
2004, subparagraph (B) and the closing paragraph as amended by section 1
of part G of chapter 62 of the laws of  2006,  is  amended  to  read  as
follows:
  (6) Environmental zones (EN-Zones). An "environmental zone" shall mean
an  area designated as such by the commissioner of economic development.
Such areas so designated are areas which are  census  tracts  and  block
numbering  areas  which,  as  of  the [two thousand] MOST RECENT census,
satisfy either of the following criteria:
  (A) areas that have both:
  (i) a poverty rate of at least twenty percent for the  year  to  which
the data relate; and
  (ii)  an  unemployment  rate of at least one and one-quarter times the
statewide unemployment rate for the year to which the data relate, or;
  (B) areas that have a poverty rate of at least two times  the  poverty
rate for the county in which the areas are located for the year to which
the  data relate [provided, however, that a qualified site shall only be
deemed to be located in an environmental zone  under  this  subparagraph
(B)  if such site was the subject of a brownfield site cleanup agreement

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02997-01-3

S. 1708                             2

pursuant to section 27-1409 of the environmental conservation  law  that
was entered into prior to September first, two thousand ten].
  Such  designation  shall  be made and a list of all such environmental
zones shall be established by the commissioner of  economic  development
no later than December thirty-first, two thousand [four provided, howev-
er, that a qualified site shall only be deemed to be located in an envi-
ronmental zone under subparagraph (B) of this paragraph if such site was
the  subject  of a brownfield site cleanup agreement pursuant to section
27-1409 of the environmental conservation  law  that  was  entered  into
prior to September first, two thousand ten] THIRTEEN.
  S  2.  Paragraph 5 of subdivision (a) of section 22 of the tax law, as
amended by section 4 of part H of chapter  577  of  the  laws  of  2004,
subparagraph  (B)  and  the closing paragraph as amended by section 2 of
part G of chapter 62 of the laws of 2006, is amended to read as follows:
  (5) Environmental zones (EN-Zones). An "environmental zone" shall mean
an area designated as such by the commissioner of economic  development.
Such  areas  so  designated  are areas which are census tracts and block
numbering areas which, as of the  [two  thousand]  MOST  RECENT  census,
satisfy either of the following criteria:
  (A) areas that have both:
  (i)  a  poverty  rate of at least twenty percent for the year to which
the data relate;
  (ii) an unemployment rate of at least one and  one-quarter  times  the
statewide unemployment rate for the year to which the data relate, or;
  (B)  areas  that have a poverty rate of at least two times the poverty
rate for the county in which the areas are located for the year to which
the data relate[, provided, however, that a qualified site shall only be
deemed to be located in an environmental zone  under  this  subparagraph
(B)  if such site was the subject of a brownfield site cleanup agreement
pursuant to section 27-1409 of the environmental conservation  law  that
was entered into prior to September first, two thousand ten].
  Such  designation  shall  be made and a list of all such environmental
zones shall be established by the commissioner of  economic  development
no later than December thirty-first, two thousand [four provided, howev-
er, that a qualified site shall only be deemed to be located in an envi-
ronmental zone under subparagraph (B) of this paragraph if such site was
the  subject  of a brownfield site cleanup agreement pursuant to section
27-1409 of the environmental conservation  law  that  was  entered  into
prior to September first, two thousand ten] THIRTEEN.
  S  3.  Subdivision  (a)  of  section  23 of the tax law, as amended by
section 10 of part H of chapter 577 of the laws of 2004, is  amended  to
read as follows:
  (a)  Allowance  of  credit.  General.  A taxpayer subject to tax under
article nine, nine-A, twenty-two, thirty-two  or  thirty-three  of  this
chapter  shall  be  allowed  a  credit against such tax, pursuant to the
provisions referenced in subdivision (e) of this section. The amount  of
such  credit  shall  be  equal to the lesser of [thirty] NINETY thousand
dollars or fifty percent of the premiums paid on or after  the  date  of
the  brownfield  site cleanup agreement executed by the taxpayer and the
department of environmental conservation pursuant to section 27-1409  of
the  environmental  conservation  law  by the taxpayer for environmental
remediation insurance issued with respect to a qualified site.
  S 4. Section 31 of part H of chapter 1 of the laws  of  2003  amending
the  tax  law  relating  to  brownfield  redevelopment  tax  credits, is
REPEALED.
  S 5. This act shall take effect immediately.

Co-Sponsors

S1708A (ACTIVE) - Bill Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Tax Law
Laws Affected:
Amd §§21, 22 & 23, Tax L; rpld part H §31, Chap 1 of 2003
Versions Introduced in 2011-2012 Legislative Session:
S6942

S1708A (ACTIVE) - Bill Texts

view summary

Relates to brownfield site cleanup; relates to the repeal of certain brownfield redevelopment tax credits.

view sponsor memo
BILL NUMBER:S1708A

TITLE OF BILL: An act to amend the tax law, in relation to brownfield
site cleanup; and to repeal section 31 of part H of chapter 1 of the
laws of 2003 amending the tax law relating to brownfield redevelopment
tax credits, relating thereto

PURPOSE:

To eliminate the sunset of the brownfields program; to extend time
frames in relation to environmental zone designations; and to increase
the tax credits allowed for environmental remediation insurance issued
with respect to a qualified site.

SUMMARY OF SPECIFIC PROVISIONS:

Sections 1 and 2 amend the Tax Law in relation to environmental zones.
The definition of "environmental zone" is amended to incorporate data
from the most recent census. Time frames with respect to environmental
zone designations are extended from 2010 to the 2014.

Section 3 amends the Tax Law by increasing the tax credits allowed for
environmental remediation insurance issued with respect to a qualified
site from thirty thousand to ninety thousand dollars.

Section 4 repeals section 31 of part H of chapter 1 of the laws of
2003 amending the tax law relating to brownfield redevelopment tax
credits.

Section 5 provides the effective date.

JUSTIFICATION:

This bill would eliminate the March 31, 2015 sunset of the brownfield
cleanup program (BCP). Projects take on average 2.8 years to obtain a
certificate of completion, which is required to receive tax credits.
Removal of the sunset is necessary to keep the program going because
the sunset has effectively ceased inclusion of new projects under the
BCP.

Further, this bill extends the time frames associated with
environmental zone designations and allows for figures in the most
recent census to inform the designation process.

Last, the tax credits allowed for environmental remediation insurance
are increased from thirty thousand to ninety thousand dollars. This
comes in response to a fourfold increase in the cost of insurance
since 2004.

PRIOR LEGISLATIVE HISTORY:

S. 6942 of 2011-12; referred to Rules.

FISCAL IMPLICATIONS:

Minimal.


EFFECTIVE DATE:

This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1708--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. GRISANTI, MAZIARZ -- read twice and ordered printed,
  and  when  printed  to be committed to the Committee on Investigations
  and Government  Operations  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the tax law, in relation to brownfield site cleanup; and
  to repeal section 31 of part H of chapter 1 of the laws of 2003 amend-
  ing  the  tax  law  relating  to brownfield redevelopment tax credits,
  relating thereto

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

  Section  1.    Paragraph 6 of subdivision (b) of section 21 of the tax
law, as amended by section 1 of part H of chapter 577  of  the  laws  of
2004, subparagraph (B) and the closing paragraph as amended by section 1
of  part  G  of  chapter  62  of the laws of 2006, is amended to read as
follows:
  (6) Environmental zones (EN-Zones). An "environmental zone" shall mean
an area designated as such by the commissioner of economic  development.
Such  areas  so  designated  are areas which are census tracts and block
numbering areas which, as of the  [two  thousand]  MOST  RECENT  census,
satisfy either of the following criteria:
  (A) areas that have both:
  (i)  a  poverty  rate of at least twenty percent for the year to which
the data relate; and
  (ii) an unemployment rate of at least one and  one-quarter  times  the
statewide unemployment rate for the year to which the data relate, or;
  (B)  areas  that have a poverty rate of at least two times the poverty
rate for the county in which the areas are located for the year to which
the data relate [provided, however, that a qualified site shall only  be
deemed  to  be  located in an environmental zone under this subparagraph
(B) if such site was the subject of a brownfield site cleanup  agreement

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02997-02-3

S. 1708--A                          2

pursuant  to  section 27-1409 of the environmental conservation law that
was entered into prior to September first, two thousand ten].
  Such  designation  shall  be made and a list of all such environmental
zones shall be established by the commissioner of  economic  development
no later than December thirty-first, two thousand [four provided, howev-
er, that a qualified site shall only be deemed to be located in an envi-
ronmental zone under subparagraph (B) of this paragraph if such site was
the  subject  of a brownfield site cleanup agreement pursuant to section
27-1409 of the environmental conservation  law  that  was  entered  into
prior to September first, two thousand ten] FOURTEEN.
  S  2.  Paragraph 5 of subdivision (a) of section 22 of the tax law, as
amended by section 4 of part H of chapter  577  of  the  laws  of  2004,
subparagraph  (B)  and  the closing paragraph as amended by section 2 of
part G of chapter 62 of the laws of 2006, is amended to read as follows:
  (5) Environmental zones (EN-Zones). An "environmental zone" shall mean
an area designated as such by the commissioner of economic  development.
Such  areas  so  designated  are areas which are census tracts and block
numbering areas which, as of the  [two  thousand]  MOST  RECENT  census,
satisfy either of the following criteria:
  (A) areas that have both:
  (i)  a  poverty  rate of at least twenty percent for the year to which
the data relate;
  (ii) an unemployment rate of at least one and  one-quarter  times  the
statewide unemployment rate for the year to which the data relate, or;
  (B)  areas  that have a poverty rate of at least two times the poverty
rate for the county in which the areas are located for the year to which
the data relate[, provided, however, that a qualified site shall only be
deemed to be located in an environmental zone  under  this  subparagraph
(B)  if such site was the subject of a brownfield site cleanup agreement
pursuant to section 27-1409 of the environmental conservation  law  that
was entered into prior to September first, two thousand ten].
  Such  designation  shall  be made and a list of all such environmental
zones shall be established by the commissioner of  economic  development
no later than December thirty-first, two thousand [four provided, howev-
er, that a qualified site shall only be deemed to be located in an envi-
ronmental zone under subparagraph (B) of this paragraph if such site was
the  subject  of a brownfield site cleanup agreement pursuant to section
27-1409 of the environmental conservation  law  that  was  entered  into
prior to September first, two thousand ten] FOURTEEN.
  S  3.  Subdivision  (a)  of  section  23 of the tax law, as amended by
section 10 of part H of chapter 577 of the laws of 2004, is  amended  to
read as follows:
  (a)  Allowance  of  credit.  General.  A taxpayer subject to tax under
article nine, nine-A, twenty-two, thirty-two  or  thirty-three  of  this
chapter  shall  be  allowed  a  credit against such tax, pursuant to the
provisions referenced in subdivision (e) of this section. The amount  of
such  credit  shall  be  equal to the lesser of [thirty] NINETY thousand
dollars or fifty percent of the premiums paid on or after  the  date  of
the  brownfield  site cleanup agreement executed by the taxpayer and the
department of environmental conservation pursuant to section 27-1409  of
the  environmental  conservation  law  by the taxpayer for environmental
remediation insurance issued with respect to a qualified site.
  S 4. Section 31 of part H of chapter 1 of the laws  of  2003  amending
the  tax  law  relating  to  brownfield  redevelopment  tax  credits, is
REPEALED.
  S 5. This act shall take effect immediately.

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