S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5788
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 19, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
   Committee on Ways and Means
 
 AN ACT to amend the tax law, in relation to establishing a tree  removal
   and emerald ash elimination credit
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 606 of the tax law  is  amended  by  adding  a  new
 subsection (jjj) to read as follows:
   (JJJ)  TREE  REMOVAL  AND EMERALD ASH ELIMINATION CREDIT. (1) GENERAL.
 AN INDIVIDUAL TAXPAYER SHALL BE  ALLOWED  A  CREDIT  FOR  TAXABLE  YEARS
 BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY AGAINST THE TAX
 IMPOSED BY THIS ARTICLE FOR THE COSTS OF REMOVAL OF A TREE INFESTED WITH
 THE  EMERALD  ASH  BORER  (AGURILUS  PLANIPENNIS),  WHEN SUCH REMOVAL IS
 RECOMMENDED BY A CERTIFIED ARBORIST OR FORESTER FOR THE LONE  REASON  OF
 HOSTING  AN  EMERALD ASH BORER INFECTION. THE AMOUNT OF THE CREDIT SHALL
 BE THE LESSER OF THREE HUNDRED DOLLARS PER TREE OR FIFTY PERCENT OF  THE
 TOTAL COST OF REMOVAL PER TREE.
   (2)  TAX  CREDIT. AN INDIVIDUAL TAXPAYER SHALL BE ALLOWED A CREDIT FOR
 TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO  THOUSAND  TWENTY
 AGAINST  THE  TAX  IMPOSED BY THIS ARTICLE FOR THE COSTS ASSOCIATED WITH
 INSECTICIDE INJECTION TREATMENTS TO A TREE INFECTED WITH THE EMERALD ASH
 BORER. THE AMOUNT OF THE CREDIT SHALL  BE  THE  LESSER  OF  ONE  HUNDRED
 DOLLARS  PER  TREE  OR  FIFTY PERCENT OF THE TOTAL COST OF TREATMENT PER
 TREE.
   (3) TREE REMOVAL AND EMERALD  ASH  ELIMINATION  COSTS.  (A)  THE  TERM
 "COSTS  OF  REMOVAL" INCLUDES THE COST OF AN ASSESSMENT FROM AN ARBORIST
 OR FORESTER, ANY INITIAL APPRAISALS OF THE TREE OR TREES,  MUNICIPAL  OR
 OTHERWISE,  LABOR COSTS OF REMOVING THE TREE, ANY DISPOSAL FEES, AND ANY
 CLEANUP FEES; EXCEPT ANY STATE OR LOCAL  SALES  TAX  APPLICABLE  TO  THE
 SERVICES PERFORMED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02131-01-9
              

 A. 5788                             2
 
   (B)  THE TERM "COSTS ASSOCIATED WITH INSECTICIDE INJECTION TREATMENTS"
 INCLUDES THE COSTS OF AN ASSESSMENT FROM AN ARBORIST  OR  FORESTER,  ANY
 INITIAL  APPRAISALS  OF THE TREE OR TREES, MUNICIPAL OR OTHERWISE, COSTS
 OF APPLICATION SERVICES OF THE TREATMENT OR TREATMENTS, AND ANY  FOLLOW-
 UP  FEES; EXCEPT ANY STATE OR LOCAL SALES TAX APPLICABLE TO THE SERVICES
 PERFORMED.
   (4) AMOUNT OF CREDIT. THE AGGREGATE  AMOUNT  OF  TAX  CREDITS  ALLOWED
 UNDER  THIS  SUBSECTION  IN ANY CALENDAR YEAR STATEWIDE SHALL BE TWENTY-
 FIVE MILLION DOLLARS.
   (5) TREE REMOVAL AND EMERALD ASH ELIMINATION FOR QUALIFIED  TAXPAYERS.
 A  PROPERTY  OWNER  WHO  INCURS  COSTS  FOR  REMOVING  OR  TREATING WITH
 INJECTIONS A TREE OR TREES AS IN  THIS  SECTION,  MUST  BE  REMOVING  OR
 INJECTING  THE  TREE  FROM  RESIDENTIAL  PROPERTY OR MIXED-USE PROPERTY,
 WHICH IS:
   (A) LOCATED IN THIS STATE;
   (B) OWNED BY THE TAXPAYER; AND
   (C) USED BY THE TAXPAYER AS HIS OR HER PRINCIPAL RESIDENCE,  SECONDARY
 RESIDENCE, OR RENTAL PROPERTY.
   (6)  WHEN  CREDIT  ALLOWED. THE CREDIT PROVIDED FOR IN THIS SUBSECTION
 SHALL BE ALLOWED WITH RESPECT TO  THE  TAXABLE  YEAR,  COMMENCING  AFTER
 JANUARY  FIRST,  TWO  THOUSAND  TWENTY  IN  WHICH  THE  REMOVAL  WORK IS
 COMPLETED AND PAID FOR.
   (7) CARRYOVER OF CREDIT. IF THE AMOUNT OF THE CREDIT,  AND  CARRYOVERS
 OF  SUCH  CREDIT,  ALLOWABLE  UNDER THIS SUBSECTION FOR ANY TAXABLE YEAR
 SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, SUCH EXCESS AMOUNT MAY BE
 CARRIED OVER TO THE FIVE TAXABLE YEARS NEXT FOLLOWING THE  TAXABLE  YEAR
 WITH RESPECT TO WHICH THE CREDIT IS ALLOWED AND MAY BE DEDUCTED FROM THE
 TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized and directed  to
 be made and completed on or before such effective date.