NY State Senate Bill 2015-S5414

Senate Bill S5414

2015-2016 Legislative Session

Relates to establishing a tax credit for retrofitting heavy duty vehicles or purchasing new vehicles that comply with section 19-0323 of the environmental conservation law

download bill text pdf

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to investigations and government operations
May 14, 2015	referred to investigations and government operations

2015-S5414 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Amd §§210-B & 606, Tax L
Versions Introduced in 2017-2018 Legislative Session:: S1016

2015-S5414 (ACTIVE) - Summary

Relates to establishing a tax credit for individuals retrofitting heavy duty vehicles or purchasing new vehicles that comply with section 19-0323 of the environmental conservation law.

2015-S5414 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5414

TITLE OF BILL:  An act to amend the tax law, in relation to establishing
a tax credit for retrofitting heavy duty vehicles or purchasing new
vehicles that comply with section 19-0323 of the environmental conserva-
tion law

PURPOSE:  To improve air quality by allowing a tax credit for taxpayers
who take steps to make their heavy duty vehicle fleet compliant with the
Diesel Emission Reductions Act.

SUMMARY OF PROVISIONS:

Section 1. Section 210-B of the tax law is amended by adding a new
subdivision 51 to:

Part (a) explain eligibility for the diesel emission reductions tax
credit.

Part (b) defines the amount of the credit as the fair market value of
the best available retrofit technology, $14,000.

Part (c) declares receipts must be submitted with tax returns to receive
the tax credit.

Section 2. Adds a new subdivision to Section 606 of the tax law that

relates to the tax credit for best available retrofit technology to be
computed as provided in paragraph 3 of this subsection. Paragraph two
declares the amount of credit, the fair market value for the best avail-
able retrofit technology.

Section 3: relates to the new clause in Subparagraph (B) of paragraph 1
of subsection (i) of section 606 of the tax law which is amended to
reflect this new tax credit.

Section 4 sets forth the effective date.

JUSTIFICATION:  Diesel exhaust particle pollution is a clear and present
health threat to New Yorkers. According to the United States Environ-
mental Protection Agency, diesel exhaust particles are a likely lung
cancer agent, diesel exhaust is also the prime contributor to airborne
fine particle pollution which is linked to premature death, asthma
attacks, and cardiovascular disease. Diesel exhaust is also a contribu-
tor to formation of ground level ozone; a powerful respiratory irritant
that is linked to premature death, asthma attacks and can damage the
lung tissue of children. Too many New Yorkers live in an area that fails
to meet federal health standards for ozone. Counties across the state
are listed as being out of attainment for the fine particle federal
health standard.

New York State consumes over 48 million gallons of diesel fuel each year
and owns or operates through contract thousands of diesel-powered vehi-

cles. By installing the best retrofit technology heavy duty vehicles and
the fleets of businesses doing work for the state will reduce signif-
icant amounts of pollution and New York will take a positive step toward
addressing the public health threat posed by combustion of diesel fuel.

The Diesel Emission Reduction Act was enacted in 2006 but failed to
provide aid for compliance. However it never became effective because
each year in the budget the enactment date is pushed back one year.
This legislation creates a financial incentive for groups so voluntarily
comply with a law passed but never fully enacted.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:  This act shall take effect immediately.

2015-S5414 (ACTIVE) - Bill Text download pdf

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

                                  5414

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen.  COMRIE -- 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  tax  credit
  for  retrofitting  heavy duty vehicles or purchasing new vehicles that
  comply with section 19-0323 of the environmental conservation law

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

  Section  1.  Section  210-B  of the tax law is amended by adding a new
subdivision 51 to read as follows:
  51. DIESEL EMISSION REDUCTIONS TAX CREDIT. (A) A TAXPAYER  WHO  RETRO-
FITS  A  HEAVY DUTY VEHICLE OWNED BY THE TAXPAYER TO COMPLY WITH SECTION
19-0323 OF THE ENVIRONMENTAL CONSERVATION LAW OR  WHO  PURCHASES  A  NEW
HEAVY DUTY VEHICLE TO REPLACE AN EXISTING NON-COMPLIANT HEAVY DUTY VEHI-
CLE  SHALL  BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE,
TO BE COMPUTED AS PROVIDED IN PARAGRAPH (B)  OF  THIS  SUBDIVISION.  THE
UNUSED  PORTION  OF  ANY  TAX  CREDIT CLAIMED MAY BE CARRIED FORWARD AND
APPLIED IN THE FOLLOWING TAX YEAR.
  (B) THE AMOUNT OF CREDIT SHALL BE FOURTEEN THOUSAND DOLLARS, WHICH  IS
THE FAIR MARKET VALUE OF THE BEST AVAILABLE RETROFIT TECHNOLOGY.
  (C) TAXPAYERS CLAIMING THE DIESEL EMISSION REDUCTIONS TAX CREDIT SHALL
SUBMIT  COPIES  OF  THE SALES RECEIPTS WITH TAX RETURNS THAT CLAIM A TAX
CREDIT AND PROOF OF OWNERSHIP OF THE HEAVY DUTY VEHICLE.
  S 2. Section 606 of the tax law is amended by adding a new  subsection
(ccc) to read as follows:
  (CCC) CREDIT FOR DIESEL EMISSION REDUCTIONS. (1) A TAXPAYER WHO RETRO-
FITS  A  HEAVY DUTY VEHICLE OWNED BY THE TAXPAYER TO COMPLY WITH SECTION
19-0323 OF THE ENVIRONMENTAL CONSERVATION LAW OR  WHO  PURCHASES  A  NEW
HEAVY DUTY VEHICLE TO REPLACE AN EXISTING NON-COMPLIANT HEAVY DUTY VEHI-
CLE  SHALL  BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE,
TO BE COMPUTED AS PROVIDED IN PARAGRAPH TWO OF THIS SUBSECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10976-03-5

S. 5414                             2

  (2) THE AMOUNT OF CREDIT SHALL BE EQUAL TO FOURTEEN THOUSAND  DOLLARS,
WHICH  IS THE FAIR MARKET VALUE OF THE BEST AVAILABLE RETROFIT TECHNOLO-
GY.  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  (xliii)  to  read  as
follows:

(XLIII) CREDIT FOR DIESEL            AMOUNT OF CREDIT UNDER
EMISSION REDUCTIONS                  SUBDIVISION FIFTY-ONE OF
UNDER SUBSECTION (CCC)               SECTION TWO HUNDRED TEN-B

  S 4. This act shall take effect immediately.

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