S T A T E O F N E W Y O R K
________________________________________________________________________
584
2017-2018 Regular Sessions
I N A S S E M B L Y
January 9, 2017
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Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the tax law and the environmental conservation law, in
relation to establishing an oyster shell recycling tax credit
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 52 to read as follows:
52. OYSTER SHELL RECYCLING CREDIT. A TAXPAYER SHALL BE ALLOWED A CRED-
IT, TO BE COMPUTED AS HEREINAFTER PROVIDED AGAINST THE TAX IMPOSED BY
THIS ARTICLE, FOR THE RECYCLING OF OYSTER SHELLS. THE AMOUNT OF THE
CREDIT SHALL BE THE LESSER OF ONE THOUSAND DOLLARS, OR TEN CENTS MULTI-
PLIED BY THE NUMBER OF POUNDS OF OYSTER SHELLS CERTIFIED BY THE NEW YORK
STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION. THE CREDIT ALLOWED UNDER
THIS SUBDIVISION FOR ANY TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR
SUCH YEAR TO LESS THAN THE FIXED DOLLAR MINIMUM AMOUNT PRESCRIBED IN
PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION TWO HUNDRED TEN OF THIS
ARTICLE.
§ 2. Section 606 of the tax law is amended by adding a new subsection
(hhh) to read as follows:
(HHH) OYSTER SHELL RECYCLING CREDIT. (1) A TAXPAYER SHALL BE ALLOWED A
CREDIT, TO BE COMPUTED AS HEREINAFTER PROVIDED AGAINST THE TAX IMPOSED
BY THIS ARTICLE, FOR THE RECYCLING OF OYSTER SHELLS.
(2) THE AMOUNT OF THE CREDIT SHALL BE THE LESSER OF ONE THOUSAND
DOLLARS, OR TEN CENTS MULTIPLIED BY THE NUMBER OF POUNDS OF OYSTER
SHELLS CERTIFIED BY THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION.
§ 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01941-01-7
A. 584 2
(XLIII) OYSTER SHELL RECYCLING AMOUNT OF CREDIT UNDER SUBDIVISION
CREDIT UNDER SUBSECTION (HHH) 52 OF SECTION TWO HUNDRED TEN-B
§ 4. Subdivision 1 of section 3-0301 of the environmental conservation
law is amended by adding a new paragraph ee to read as follows:
EE. THE DEPARTMENT SHALL ESTABLISH RULES AND REGULATIONS REGARDING THE
VERIFICATION, CERTIFICATION, AND USE OF OYSTER SHELLS RETURNED TO THE
DEPARTMENT FOR RECYCLING FOR THE PURPOSES OF THE OYSTER SHELL RECYCLING
TAX CREDIT PROVIDED IN SECTIONS TWO HUNDRED TEN-B AND SIX HUNDRED SIX OF
THE TAX LAW.
§ 5. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2018.