senate Bill S7255

2017-2018 Legislative Session

Relates to biofuel production credit for production of cellulosic ethanol, densified biofuel and renewable fuel oil

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 07, 2018 reported and committed to rules
May 30, 2018 print number 7255a
May 30, 2018 amend (t) and recommit to energy and telecommunications
Jan 05, 2018 referred to energy and telecommunications

Votes

view votes

Jun 6, 2018 - Energy and Telecommunications committee Vote

S7255A
6
3
committee
6
Aye
3
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Committee Vote: Jun 6, 2018

nay (3)
aye wr (1)
excused (1)

Co-Sponsors

S7255 (ACTIVE) - Details

See Assembly Version of this Bill:
A389
Current Committee:
Senate Rules
Law Section:
Tax Law
Laws Affected:
Ren §28 to be §28-a, amd §§28-a, 187-c, 210-B & 606, Tax L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9997
2013-2014: A9389
2015-2016: A1830

S7255 (ACTIVE) - Summary

Includes the production of cellulosic ethanol, densified biofuel and renewable fuel oil within the biofuel production tax credit.

S7255 (ACTIVE) - Sponsor Memo

S7255 (ACTIVE) - Bill Text download pdf


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

                                  7255

                            I N  S E N A T E

                             January 5, 2018
                               ___________

Introduced by Sens. RITCHIE, ORTT -- read twice and ordered printed, and
  when printed to be committed to the Committee on Energy and Telecommu-
  nications

AN  ACT  to  amend the tax law, in relation to biofuel production credit
  for production of cellulosic ethanol

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

  Section  1. Section 28 of the tax law, as added by section 1 of part X
of chapter 62 of the laws of 2006, subdivision (a) as amended by section
1 of part K of chapter 59 of  the  laws  of  2012,  subdivision  (d)  as
amended  by  section  46 of part A of chapter 59 of the laws of 2014, is
renumbered section 28-a and amended to read as follows:
  § 28-a. Biofuel production credit.  (a) General. A taxpayer subject to
tax under article nine, nine-A or twenty-two of this  chapter  shall  be
allowed  a credit against such tax pursuant to the provisions referenced
in subdivision (d) of this section. The credit (or  pro  rata  share  of
earned  credit  in the case of a partnership) for each gallon of biofuel
produced at a biofuel plant on or after January first, two thousand  six
shall equal fifteen cents per gallon OR TWENTY-FIVE CENTS PER GALLON FOR
PRODUCTION OF CELLULOSIC ETHANOL after the production of the first forty
thousand  gallons  per  year  presented to market. The credit under this
section shall be capped at two and one-half million dollars per taxpayer
per taxable year for up to no more than four consecutive  taxable  years
per  biofuel  plant.  If  the  taxpayer is a partner in a partnership or
shareholder of a New York S corporation, then the  cap  imposed  by  the
preceding  sentence  shall  be  applied at the entity level, so that the
aggregate credit allowed to all the partners  or  shareholders  of  each
such entity in the taxable year does not exceed two and one-half million
dollars.  The tax credit allowed pursuant to this section shall apply to
taxable years beginning before January first, two thousand twenty.
  (b) Definitions. For the purpose of this section, the following  terms
shall have the following meanings:
  (1)  "Biofuel"  means a fuel which includes biodiesel and ethanol. The
term "biodiesel" shall mean a fuel comprised exclusively  of  mono-alkyl

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

S7255A (ACTIVE) - Details

See Assembly Version of this Bill:
A389
Current Committee:
Senate Rules
Law Section:
Tax Law
Laws Affected:
Ren §28 to be §28-a, amd §§28-a, 187-c, 210-B & 606, Tax L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9997
2013-2014: A9389
2015-2016: A1830

S7255A (ACTIVE) - Summary

Includes the production of cellulosic ethanol, densified biofuel and renewable fuel oil within the biofuel production tax credit.

S7255A (ACTIVE) - Sponsor Memo

S7255A (ACTIVE) - Bill Text download pdf


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

                                 7255--A

                            I N  S E N A T E

                             January 5, 2018
                               ___________

Introduced by Sens. RITCHIE, ORTT -- read twice and ordered printed, and
  when printed to be committed to the Committee on Energy and Telecommu-
  nications  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the tax law, in relation to the biofuel production cred-
  it for the production of cellulosic  ethanol,  densified  biofuel  and
  renewable fuel oil

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

  Section 1. Section 28 of the tax law, as added by section 1 of part  X
of chapter 62 of the laws of 2006, is renumbered section 44.
  §  2.  Subdivisions (a) and (b) of section 44 of the tax law, subdivi-
sion (a) as amended by section 1 of part K of chapter 59 of the laws  of
2012  and  subdivision (b) as added by section 1 of part X of chapter 62
of the laws of 2006, such section as renumbered by section one  of  this
act, are amended to read as follows:
  (a)  General.  A taxpayer subject to tax under article nine, nine-A or
twenty-two of this chapter shall be allowed a credit  against  such  tax
pursuant  to  the  provisions  referenced  in  subdivision  (d)  of this
section. The credit (or pro rata share of earned credit in the case of a
partnership) for each gallon of LIQUID biofuel  produced  at  a  biofuel
plant  on  or  after January first, two thousand six shall equal fifteen
cents per gallon, OR TWENTY-FIVE CENTS  PER  GALLON  FOR  PRODUCTION  OF
CELLULOSIC  ETHANOL  OR  RENEWABLE  FUEL OIL after the production of the
first forty thousand gallons per year presented to  market.  THE  CREDIT
FOR  EACH  BONE DRY TON OF DENSIFIED BIOFUEL PRODUCED AT A BIOFUEL PLANT
ON OR AFTER JANUARY FIRST, TWO THOUSAND SIX SHALL EQUAL FIFTEEN  DOLLARS
PER BONE DRY TON AFTER THE PRODUCTION OF THE FIRST TEN THOUSAND TONS PER
YEAR  PRESENTED TO MARKET. The credit under this section shall be capped
at [two and one-half] TEN million dollars per taxpayer per taxable  year
for  up to no more than [four] TEN consecutive taxable years per biofuel
plant. If the taxpayer is a partner in a partnership or shareholder of a
New York S corporation, then the cap imposed by the  preceding  sentence
shall  be  applied  at  the  entity  level, so that the aggregate credit

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.