S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2213
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by  M.  of A. CROUCH, KOLB -- Multi-Sponsored by -- M. of A.
   FINCH, OAKS -- read once and referred to the  Committee  on  Ways  and
   Means
 
 AN  ACT  to  amend the tax law, in relation to granting a tax credit for
   the purchase of materials aiding the ventilation and  illumination  in
   factory work rooms during the manufacturing process

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The tax law is amended by adding a  new  section  187-t  to
 read as follows:
   §  187-T. CREDIT FOR MATERIALS AIDING THE VENTILATION AND ILLUMINATION
 IN FACTORY WORK ROOMS. 1. GENERAL. A TAXPAYER SHALL BE ALLOWED A CREDIT,
 TO BE COMPUTED AS HEREINAFTER PROVIDED, AGAINST  THE  TAXES  IMPOSED  BY
 THIS  ARTICLE,  OTHER  THAN  THE  TAXES  IMPOSED BY SECTIONS ONE HUNDRED
 EIGHTY-SIX-A AND ONE HUNDRED EIGHTY-SIX-E OF THIS ARTICLE. SUCH  CREDIT,
 TO  BE COMPUTED AS HEREINAFTER PROVIDED, SHALL BE ALLOWED FOR MATERIALS,
 PURCHASED AND USED BY A FACTORY FOR  USE  OR  CONSUMPTION  DIRECTLY  AND
 EXCLUSIVELY  TO  FACILITATE VENTILATION AND ILLUMINATION IN FACTORY WORK
 ROOMS, PURSUANT TO SECTIONS TWO  HUNDRED  FIFTY-SEVEN  AND  TWO  HUNDRED
 NINETY-NINE OF THE LABOR LAW, PLACED IN SERVICE DURING THE TAXABLE YEAR;
 PROVIDED,  HOWEVER, THAT THE COMMISSIONER SHALL REQUIRE SUCH DOCUMENTARY
 PROOF TO QUALIFY FOR ANY EXEMPTION PROVIDED HEREIN AS  THE  COMMISSIONER
 DEEMS  APPROPRIATE AND THAT THE AMOUNT OF CREDIT ALLOWED BY THIS SECTION
 AGAINST THE TAX IMPOSED BY SECTION ONE HUNDRED EIGHTY-FOUR OF THIS ARTI-
 CLE SHALL BE THE EXCESS OF THE CREDIT COMPUTED UNDER THIS  SECTION  OVER
 THE  AMOUNT OF CREDIT ALLOWED BY THIS SECTION AGAINST THE TAX IMPOSED BY
 SECTION ONE HUNDRED EIGHTY-THREE OF THIS ARTICLE.
   2. DEFINITION. AS USED IN THIS SECTION "MATERIALS" SHALL  MEAN  APPLI-
 ANCES  AND ENERGY USING PRODUCTS BY OR FOR VENTILATION AND ILLUMINATION,
 SUCH AS BUT NOT LIMITED TO, LAMPS  AND  LUMINARIES,  FLUORESCENT  LAMPS,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04552-01-7
              

 A. 2213                             2
 
 CENTRAL  AIR  CONDITIONERS,  ROOM AIR CONDITIONERS, PACKAGE TERMINAL AIR
 CONDITIONERS AND HEAT PUMPS, AND FURNACES.
   3.  AMOUNT OF CREDIT. THE AMOUNT OF CREDIT UNDER THIS SECTION SHALL BE
 THIRTY-FIVE PERCENT OF THE COST OF ANY SUCH MATERIALS PLACED IN  SERVICE
 DURING THE TAXABLE YEAR.
   4.  CARRYOVER.  IN  NO  EVENT  SHALL  THE CREDIT UNDER THIS SECTION BE
 ALLOWED IN AN AMOUNT WHICH WILL REDUCE THE TAX PAYABLE TO LESS THAN  THE
 APPLICABLE  MINIMUM TAX FIXED BY SECTION ONE HUNDRED EIGHTY-THREE OR ONE
 HUNDRED EIGHTY-FIVE OF THIS ARTICLE. IF, HOWEVER, THE AMOUNT  OF  CREDIT
 ALLOWABLE  UNDER  THIS  SECTION  FOR ANY TAXABLE YEAR REDUCES THE TAX TO
 SUCH AMOUNT, ANY AMOUNT OF CREDIT NOT DEDUCTIBLE IN  SUCH  TAXABLE  YEAR
 MAY  BE  CARRIED OVER TO THE FOLLOWING YEAR OR YEARS AND MAY BE DEDUCTED
 FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
   § 2. This act shall take effect immediately; provided,  however,  that
 the  exemption provided applies to property placed in service in taxable
 years beginning on or after January 1, 2017 and that the commissioner of
 taxation and finance may take any action with respect to  the  adoption,
 amendment,  suspension  or  repeal of any rule or regulation relating to
 this act, and may establish  any  procedure  necessary  for  the  timely
 implementation thereof.