NY State Senate Bill 2017-S1016

Senate Bill S1016

2017-2018 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 03, 2018	referred to investigations and government operations
Jan 06, 2017	referred to investigations and government operations

2017-S1016 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Amd §§210-B & 606, Tax L
Versions Introduced in 2015-2016 Legislative Session:: S5414

2017-S1016 (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.

2017-S1016 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1016

 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 conservation 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
available 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 Environmental
Protection Agency, diesel exhaust particles are a likely lung cancer
agent while diesel exhaust is also the prime contributor to airborne
fine particle pollution and has been linked to premature death, asthma
attacks, and cardiovascular disease. Diesel exhaust is also a
contributor 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
vehicles. By installing the best retrofit technology heavy-duty
vehicles and the fleets of businesses doing work for the state will
reduce significant 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 :

2015-16: S.5414 Referred to Investigations and Government Operations

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S1016 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1016
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 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 52 to read as follows:
   52. 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.
   § 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.

                                                            LBD00327-01-7

 S. 1016                             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.
   §  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-TWO OF
 UNDER SUBSECTION (CCC)               SECTION TWO HUNDRED TEN-B
 
   § 4. This act shall take effect immediately.

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