senate Bill S1787A

2013-2014 Legislative Session

Establishes a tax credit for homeowners and businesses to build permeable surfaces

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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 21, 2014 print number 1787a
amend and recommit to investigations and government operations
Jan 08, 2014 referred to investigations and government operations
Jan 09, 2013 referred to investigations and government operations

Bill Amendments

Original
A (Active)
Original
A (Active)

S1787 - Bill Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Tax Law
Laws Affected:
Amd §606, Tax L
Versions Introduced in 2011-2012 Legislative Session:
S6750

S1787 - Bill Texts

view summary

Establishes a tax credit for homeowners and businesses to build permeable surfaces.

view sponsor memo
BILL NUMBER:S1787

TITLE OF BILL: An act to amend the tax law, in relation to credits
against tax for homeowners and businesses to build permeable surfaces

PURPOSE: The bill would provide homeowners and businesses a tax
credit for constructing a permeable surface, such as a driveway or
parking lot to help mitigate flooding.

SUMMARY OF PROVISIONS: The bill creates a tax credit for homeowners
and businesses who construct a permeable surface, during the taxable
year, as part of or near their real property The tax credit can be for
up to 50% of the cost of construction but cannot exceed $5,000.

JUSTIFICATION: Many counties across New York State experience
extensive and devastating flood damage due to Hurricane Irene and
Tropical Storm Lee. Future flood damage can be mitigated by
incentivizing homeowners and businesses to construct permeable
surfaces such as, paved driveways and parking lots which allow for the
movement of water and air around the materials. Permeable surfaces
could decrease future damages caused by flooding.

LEGISLATIVE HISTORY: 2012 - 5.6750 - Referred to Investigations and
Governmental Operations

FISCAL IMPLICATIONS: Needs to be determined.

EFFECTIVE DATE: Effective immediately.

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

                                  1787

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- 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  credits  against  tax  for
  homeowners and businesses to build permeable surfaces

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

  Section 1. Section 606 of the tax law  is  amended  by  adding  a  new
subsection (vv) to read as follows:
  (VV) CREDIT FOR HOMEOWNERS AND BUSINESSES TO BUILD PERMEABLE SURFACES.
(1)(A)  HOMEOWNERS  WHO  CONSTRUCT  A PERMEABLE SURFACE AS PART OF THEIR
REAL PROPERTY, DURING THE TAXABLE YEAR, SHALL BE ELIGIBLE TO  RECEIVE  A
TAX  CREDIT  FOR  UP  TO  FIFTY PERCENT OF THE COST OF CONSTRUCTION, NOT
EXCEEDING FIVE THOUSAND DOLLARS.
  (B) FOR PURPOSES OF THIS SUBSECTION THE  FOLLOWING  DEFINITIONS  SHALL
APPLY:
  (I)  HOMEOWNER  IS  DEFINED  AS  A  NEW  YORK  RESIDENT  FOR  THE PAST
TWENTY-FOUR MONTHS AND WHO OWNS A SINGLE FAMILY OR MULTI-FAMILY DWELLING
FOR RESIDENTIAL PURPOSES WITHIN NEW YORK STATE.
  (II) PERMEABLE SURFACE, SHALL MEAN ANY PERMEABLE  PAVING  THAT  ALLOWS
THE  MOVEMENT  OF WATER AND AIR AROUND THE PAVING MATERIALS. A PERMEABLE
SURFACE SHALL INCLUDE BUT NOT BE LIMITED TO:  SIDEWALKS,  DRIVEWAYS  AND
PARKING LOTS.
  (2)(A)  BUSINESSES  WHO  CONSTRUCT  A PERMEABLE SURFACE ADJACENT TO OR
WITHIN ONE THOUSAND FEET OF THE PROPERTY, DURING THE TAXABLE YEAR, SHALL
BE ELIGIBLE TO RECEIVE A TAX CREDIT FOR UP TO FIFTY PERCENT OF THE  COST
OF CONSTRUCTION, NOT EXCEEDING FIVE THOUSAND DOLLARS.
  (B)  FOR  PURPOSES  OF THIS SUBSECTION THE FOLLOWING DEFINITIONS SHALL
APPLY:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05322-01-3

S. 1787                             2

  (I) BUSINESS SHALL MEAN ANY BUSINESS WHOSE PRINCIPAL PLACE OF BUSINESS
IS LOCATED IN NEW YORK STATE, AND HAS BEEN LOCATED IN THE STATE FOR  THE
PREVIOUS THIRTY-SIX MONTHS.
  (II)  PERMEABLE  SURFACE,  SHALL MEAN ANY PERMEABLE PAVING THAT ALLOWS
THE MOVEMENT OF WATER AND AIR AROUND THE PAVING MATERIALS.  A  PERMEABLE
SURFACE  SHALL  INCLUDE  BUT NOT BE LIMITED TO: SIDEWALKS, DRIVEWAYS AND
PARKING LOTS.
  S 2. This act shall take effect immediately and shall apply to taxable
years commencing on and after such date.

S1787A (ACTIVE) - Bill Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Tax Law
Laws Affected:
Amd §606, Tax L
Versions Introduced in 2011-2012 Legislative Session:
S6750

S1787A (ACTIVE) - Bill Texts

view summary

Establishes a tax credit for homeowners and businesses to build permeable surfaces.

view sponsor memo
BILL NUMBER:S1787A

TITLE OF BILL: An act to amend the tax law, in relation to credits
against tax for homeowners and businesses to build permeable surfaces

PURPOSE: The bill would provide homeowners and businesses a tax
credit for constructing a permeable surface, such as a driveway or
parking lot to help mitigate flooding.

SUMMARY OF PROVISIONS: The bill creates a tax credit for homeowners
and businesses who construct a permeable surface, during the taxable
year, as part of or near their real property The tax credit can be for
up to 50% of the cost of construction but cannot exceed $5,000.

JUSTIFICATION: Many counties across New York State experience
extensive and devastating flood damage due to Hurricane Irene and
Tropical Storm Lee. Future flood damage can be mitigated by
incentivizing homeowners and businesses to construct permeable
surfaces such as, paved driveways and parking lots which allow for the
movement of water and air around the materials. Permeable surfaces
could decrease future damages caused by flooding.

LEGISLATIVE HISTORY: 2012 - S.6750 - Referred to Investigations and
Governmental Operations

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately and shall
apply to taxable years commencing on and after such date.

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

                                 1787--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations -- recommitted to the Committee on Investigations  and
  Government  Operations  in  accordance  with  Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the  tax law, in relation to credits against tax for
  homeowners and businesses to build permeable surfaces

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

  Section  1.   Subsections (yy) and (zz) of section 606 of the tax law,
as relettered by section 5 of part H of chapter 1 of the laws  of  2003,
are  relettered subsections (yyy) and (zzz) and a new subsection (xx) is
added to read as follows:
  (XX) CREDIT FOR HOMEOWNERS AND BUSINESSES TO BUILD PERMEABLE SURFACES.
(1)(A) HOMEOWNERS WHO CONSTRUCT A PERMEABLE SURFACE  AS  PART  OF  THEIR
REAL  PROPERTY,  DURING THE TAXABLE YEAR, SHALL BE ELIGIBLE TO RECEIVE A
TAX CREDIT FOR UP TO FIFTY PERCENT OF  THE  COST  OF  CONSTRUCTION,  NOT
EXCEEDING FIVE THOUSAND DOLLARS.
  (B)  FOR  PURPOSES  OF THIS SUBSECTION THE FOLLOWING DEFINITIONS SHALL
APPLY:
  (I) HOMEOWNER  IS  DEFINED  AS  A  NEW  YORK  RESIDENT  FOR  THE  PAST
TWENTY-FOUR MONTHS AND WHO OWNS A SINGLE FAMILY OR MULTI-FAMILY DWELLING
FOR RESIDENTIAL PURPOSES WITHIN NEW YORK STATE.
  (II)  PERMEABLE  SURFACE,  SHALL MEAN ANY PERMEABLE PAVING THAT ALLOWS
THE MOVEMENT OF WATER AND AIR AROUND THE PAVING MATERIALS.  A  PERMEABLE
SURFACE  SHALL  INCLUDE  BUT NOT BE LIMITED TO: SIDEWALKS, DRIVEWAYS AND
PARKING LOTS.
  (2)(A) BUSINESSES WHO CONSTRUCT A PERMEABLE  SURFACE  ADJACENT  TO  OR
WITHIN ONE THOUSAND FEET OF THE PROPERTY, DURING THE TAXABLE YEAR, SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05322-02-4

S. 1787--A                          2

BE  ELIGIBLE TO RECEIVE A TAX CREDIT FOR UP TO FIFTY PERCENT OF THE COST
OF CONSTRUCTION, NOT EXCEEDING FIVE THOUSAND DOLLARS.
  (B)  FOR  PURPOSES  OF THIS SUBSECTION THE FOLLOWING DEFINITIONS SHALL
APPLY:
  (I) BUSINESS SHALL MEAN ANY BUSINESS WHOSE PRINCIPAL PLACE OF BUSINESS
IS LOCATED IN NEW YORK STATE, AND HAS BEEN LOCATED IN THE STATE FOR  THE
PREVIOUS THIRTY-SIX MONTHS.
  (II)  PERMEABLE  SURFACE,  SHALL MEAN ANY PERMEABLE PAVING THAT ALLOWS
THE MOVEMENT OF WATER AND AIR AROUND THE PAVING MATERIALS.  A  PERMEABLE
SURFACE  SHALL  INCLUDE  BUT NOT BE LIMITED TO: SIDEWALKS, DRIVEWAYS AND
PARKING LOTS.
  S 2. This act shall take effect immediately and shall apply to taxable
years commencing on and after such date.

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