The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8617
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              October 2, 2019
                                ___________
 
 Introduced  by M. of A. CARROLL -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the state finance law,  in  relation  to  requiring  low
   embodied  carbon  concrete  be  used  in state projects and creating a
   preferential standard for concrete implementing CO2 capture and utili-
   zation technologies; and to amend the tax law, in relation  to  estab-
   lishing the environmental product declaration tax credit
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 165 of the state finance law is amended by adding a
 new subdivision 9 to read as follows:
   9. SPECIAL PROVISIONS FOR PURCHASE OF CONCRETE.
   A. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (I)  "CONCRETE"  SHALL  MEAN STRUCTURAL AND NON-STRUCTURAL MASONRY AND
 READY MIX CONCRETE BUILDING PRODUCTS.
   (II) "EMBODIED CARBON EMISSIONS" SHALL MEAN CARBON EMISSIONS GENERATED
 AS A RESULT OF A MATERIAL'S PRODUCTION, INCLUDING MINING, REFINING,  AND
 SHIPPING.
   (III) "LOW EMBODIED CARBON CONCRETE" SHALL MEAN CONCRETE THAT HAS BEEN
 VERIFIED TO EMBODY LOWER CARBON EMISSIONS, AS MEASURED BY A GLOBAL WARM-
 ING POTENTIAL METRIC, COMPARED TO THE BASELINE EMBODIED CARBON EMISSIONS
 OF  CONVENTIONAL CONCRETE MADE WITH PORTLAND CEMENT. LOW EMBODIED CARBON
 EMISSIONS CAN BE ACHIEVED THROUGH DIVERSE METHODS AND PROCESSES  INCLUD-
 ING,  BUT  NOT  LIMITED TO: (A) HIGHER ENERGY EFFICIENCY AT THE LEVEL OF
 THE CONCRETE AND/OR CEMENT PLANT; (B) LOW CARBON  FUEL  SUBSTITUTION  AT
 THE  LEVEL  OF  THE  CONCRETE  AND/OR CEMENT PLANT; (C) THE REDUCTION OF
 CLINKER CONTENT IN THE CEMENT COMPONENT OF CONCRETE, OR THE SUBSTITUTION
 OF CLINKER CONTENT WITH LOWER  CARBON-INTENSIVE  ALTERNATIVE  MATERIALS;
 (D)  THE  CAPTURE  AND  STORAGE OF POINT SOURCE CO2 EMISSIONS DURING THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13765-03-9

 A. 8617                             2
 
 CEMENT AND CONCRETE PRODUCTION  PROCESS;  OR  (E)  THE  UTILIZATION  AND
 MINERALIZATION OF CARBON IN CONCRETE MATERIALS.
   (IV)  "ENVIRONMENTAL  PRODUCT  DECLARATION  (EPD)"  SHALL MEAN PRODUCT
 SPECIFIC TYPE III EPDS THAT CONFORM TO ISO  STANDARD  14025  AND  ENABLE
 GLOBAL  WARMING  POTENTIAL  AND ENVIRONMENTAL IMPACT COMPARISONS BETWEEN
 PRODUCTS FULFILLING THE SAME FUNCTIONS.
   (V) "CO2 CAPTURE" SHALL MEAN A CAPTURE METHOD THAT SEPARATES  POST-IN-
 DUSTRIAL AND/OR DIRECT AIR CAPTURED CARBON DIOXIDE FROM THE AIR OR EMIS-
 SION POINT SOURCES.
   (VI) "CO2 UTILIZATION" SHALL MEAN A METHOD OF PERMANENTLY MINERALIZING
 CO2 IN PRODUCTS.
   (VII)  "NET  ZERO  CO2 EMISSIONS" SHALL MEAN A STATE WHEREBY THE TOTAL
 AMOUNT OF CO2 UTILIZED AND/OR CAPTURED DURING  THE  CONCRETE  PRODUCTION
 PROCESS AND/OR MINERALIZED IN CONCRETE MATERIALS ARE EQUAL TO THE AMOUNT
 OF  CO2 EMISSIONS RELEASED DURING THE PRODUCTION AND UTILIZATION OF THAT
 CONCRETE.
   (VIII) "NET NEGATIVE CO2 EMISSIONS" SHALL MEAN  A  STATE  WHEREBY  THE
 AMOUNT  OF  CO2  UTILIZED AND/OR CAPTURED DURING THE CONCRETE PRODUCTION
 PROCESS AND/OR MINERALIZED IN CONCRETE MATERIALS ARE  GREATER  THAN  THE
 AMOUNT  OF  CO2 EMISSIONS RELEASED DURING THE PRODUCTION AND UTILIZATION
 OF THAT CONCRETE.
   B. WHEN LETTING CONTRACTS FOR THE PURCHASE OF CONCRETE  ON  BEHALF  OF
 FACILITIES,  TRANSPORTATION  AUTHORITIES  AND INSTITUTIONS OF THE STATE,
 SOLICITATION SPECIFICATIONS OF THE OFFICE OF GENERAL  SERVICES  AND  ANY
 OTHER  AGENCY,  DEPARTMENT,  OFFICE,  BOARD  OR COMMISSION SHALL REQUIRE
 PROVISIONS THAT MANDATE THE INCORPORATION OF LOW EMBODIED  CARBON  EMIS-
 SIONS  SELECTION  STANDARDS THAT ARE GOVERNED BY A REVIEW OF THE EPD FOR
 EACH PRODUCT.   IN ADDITION TO  MEETING  TARGETED  CO2  REDUCTIONS,  LOW
 EMBODIED  CARBON  CONCRETE  MUST  MEET OR EXCEED ENGINEERING PERFORMANCE
 STANDARDS APPROVED BY THE STATE AND MUST NOT RESULT IN  COST  ESCALATION
 FOR CONCRETE PROCUREMENT COMPARED TO THE CURRENT MARKET PRICE OF CONVEN-
 TIONAL CONCRETE.
   C.  FOR  CONCRETE  TECHNOLOGIES  THAT  INVOLVE  THE MEASURABLE CAPTURE
 AND/OR UTILIZATION AND MINERALIZATION OF CARBON, AND THUS  THEORETICALLY
 POSSESS  THE  POTENTIAL  TO ATTAIN NET ZERO OR NET NEGATIVE EMBODIED CO2
 EMISSIONS IN A FUTURE SCENARIO, THE STATE SHALL  ESTABLISH  SUPPLEMENTAL
 SELECTION  CRITERIA INTENDED TO INCENTIVIZE THE TECHNICAL INNOVATION AND
 ACCELERATE THE MARKET ENTRY OF THOSE TECHNOLOGIES. CARBON CAPTURE AND/OR
 UTILIZATION-BASED OFFERINGS WILL BE GRANTED  PREFERENTIAL  SELECTION  IN
 COMPETITIVE  SOLICITATIONS  IF  SUCH  OFFERINGS: (I) MATCH OR EXCEED ALL
 COMPETING LOW EMBODIED CARBON ALTERNATIVES OFFERED IN BIDS ON THE  BASIS
 OF  THEIR GLOBAL WARMING POTENTIAL; AND (II) CAN BE PROCURED AT COSTS NO
 GREATER THAN: (A) FIFTEEN PER  CENT  OF  THE  CURRENT  MARKET  PRICE  OF
 CONVENTIONAL  CONCRETE  IN  THE FIRST YEAR OF THE PROCUREMENT STANDARD'S
 IMPLEMENTATION; (B) TEN PER CENT IN THE SECOND YEAR  OF  IMPLEMENTATION;
 AND  (C) NO GREATER THAN FIVE PER CENT IN THE THIRD AND SUBSEQUENT YEARS
 OF IMPLEMENTATION. TO THE MAXIMUM EXTENT DETERMINED TO  BE  FEASIBLE  BY
 THE  COMMISSIONER,  ANALYSES  OF  COST IMPACT WILL MEASURE BOTH MATERIAL
 UNIT COSTS AS WELL AS PROJECTED NEGATIVE OR POSITIVE COST IMPACTS DURING
 CONCRETE TRANSPORTATION AND CONSTRUCTION, OR  THROUGH  THE  INCREASE  OR
 DISPLACEMENT  OF  OTHER  COST-BEARING  BUILDING MATERIALS AS A RESULT OF
 UTILIZATION.
   D. THE COMMISSIONER SHALL ISSUE REGULATIONS FOR THE IMPLEMENTATION  OF
 THIS  SUBDIVISION, INCLUDING BUT NOT LIMITED TO: (I) ESTABLISHING GUIDE-
 LINES THAT WILL ASSIST AGENCIES IN DETERMINING WHICH CONTRACTS MEET  THE
 REQUIREMENTS  IN  PARAGRAPH  B OF THIS SUBDIVISION; (II) PUBLISHING SUCH

 A. 8617                             3
 
 PURCHASING GUIDELINES  ON  THE  OFFICE  OF  GENERAL  SERVICES'  WEBSITE,
 DISSEMINATING  SUCH  GUIDELINES  TO  AGENCIES  AND  TRAINING CONTRACTING
 PERSONNEL ON IMPLEMENTING SUCH GUIDELINES; AND (III) PROVIDING FOR MONI-
 TORING OF IMPLEMENTATION.
   E.  (I)  WITH  EACH  OFFER, OFFERERS INCORPORATING LOW EMBODIED CARBON
 EMISSIONS CONCRETE SHALL SUBMIT PRODUCT-SPECIFIC GLOBAL  WARMING  POTEN-
 TIAL  DATA  DERIVED FROM AN EPD ANALYSIS OR COMPARABLE METHODOLOGY. (II)
 ANY SUCCESSFUL OFFERER WHO FAILS TO COMPLY WITH THE PROVISIONS  OF  THIS
 SUBDIVISION,  AT THE DISCRETION OF SUCH AGENCY, BOARD, OFFICE OR COMMIS-
 SION, SHALL FORFEIT  THE  RIGHT  TO  BID  ON  CONTRACTS  LET  UNDER  THE
 PROVISIONS  OF THIS SUBDIVISION FOR A PERIOD OF TIME TO BE DETERMINED BY
 THE COMMISSIONER.
   § 2. Section 606 of the tax law is amended by adding a new  subsection
 (kkk) to read as follows:
   (KKK)  THE  ENVIRONMENTAL  PRODUCT  DECLARATION  TAX CREDIT. (A) DEFI-
 NITIONS. FOR THE PURPOSES OF THIS SECTION:
   (I) "LOW EMBODIED CARBON CONCRETE" SHALL MEAN CONCRETE THAT  HAS  BEEN
 VERIFIED  BY  ENVIRONMENTAL  PRODUCT  DECLARATION TO EMBODY LOWER CARBON
 EMISSIONS, AS MEASURED BY A GLOBAL WARMING POTENTIAL METRIC, COMPARED TO
 THE BASELINE EMBODIED CARBON EMISSIONS OF CONVENTIONAL CONCRETE.
   (II) "ENVIRONMENTAL PRODUCT DECLARATION ANALYSIS" SHALL  MEAN  PRODUCT
 SPECIFIC TYPE III ENVIRONMENTAL PRODUCT DECLARATIONS (EPDS) THAT CONFORM
 TO  ISO  STANDARD 14025 AND ENABLE GLOBAL WARMING POTENTIAL AND ENVIRON-
 MENTAL IMPACT COMPARISONS BETWEEN PRODUCTS  FULFILLING  THE  SAME  FUNC-
 TIONS.
   (B)  ALLOWANCE  OF  CREDIT.  A PRODUCER OF CONCRETE THAT IS A TAXPAYER
 SHALL  BE  ALLOWED  A  CREDIT,  TO  BE  COMPUTED  AS  PROVIDED  IN  THIS
 SUBSECTION,  AGAINST  THE TAX IMPOSED BY THIS ARTICLE, TO COMPENSATE FOR
 FINANCIAL BURDENS INCURRED AS A RESULT OF  EPD  ANALYSES  UNDERTAKEN  TO
 DETERMINE THE PRODUCT-BASED EMBODIED CARBON EMISSIONS OF ONE OR MULTIPLE
 CONCRETE  PRODUCTS PRODUCED AT ONE OR MULTIPLE PLANTS THAT SUCH TAXPAYER
 OWNS AND OPERATES.
   (C) AMOUNT OF CREDIT. THE CREDIT AUTHORIZED BY THIS  SUBSECTION  SHALL
 NOT  EXCEED THE COSTS  INCURRED FOR AN EPD ANALYSIS OF A SINGLE CONCRETE
 AND/OR CEMENT PRODUCT, AND MAY NOT BE  CLAIMED  FOR  THE  COSTS  OF  EPD
 ATTAINMENT  FOR  MULTIPLE  CONCRETE  PRODUCTS AT UP TO EIGHT PLANTS IN A
 SINGLE TAX YEAR BY A SINGLE TAXPAYING ENTITY IN TAX YEARS  TWO  THOUSAND
 TWENTY  AND  TWO  THOUSAND  TWENTY-ONE.  THE  CREDIT  AUTHORIZED BY THIS
 SUBSECTION SHALL NOT EXCEED FIFTY PERCENT  OF  INCURRED  COSTS  FOR  EPD
 ATTAINMENT  FOR   MULTIPLE CONCRETE PRODUCTS, AT UP TO EIGHT PLANTS IN A
 SINGLE TAX YEAR BY A SINGLE TAXPAYING ENTITY IN TAX  YEARS TWO  THOUSAND
 TWENTY-TWO  AND  TWO  THOUSAND TWENTY-THREE. TAX CREDIT ELIGIBILITY WILL
 EXPIRE AT THE END OF TWO THOUSAND TWENTY-THREE.
   (D) APPLICATION OF CREDIT. THE CREDIT ALLOWED  UNDER  THIS  SUBSECTION
 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. HOWEVER, IF
 THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR  ANY  TAXABLE
 YEAR  REDUCES  THE  TAX TO SUCH AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS
 TAX BASED ON THE FIXED DOLLAR MINIMUM AMOUNT, ANY AMOUNT OF CREDIT  THUS
 NOT  DEDUCTIBLE  IN SUCH TAXABLE YEAR SHALL BE TREATED AS AN OVERPAYMENT
 OF TAX TO BE CREDITED OR REFUNDED IN ACCORDANCE WITH THE  PROVISIONS  OF
 SECTION  ONE THOUSAND EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER, THE
 PROVISIONS OF SUBSECTION (C) OF SECTION  ONE  THOUSAND  EIGHTY-EIGHT  OF
 THIS CHAPTER NOTWITHSTANDING, NO INTEREST SHALL BE PAID THEREON.

 A. 8617                             4
 
   §  3. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a  law  and  shall  apply  to
 taxable  years commencing on and after such date. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8617--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              October 2, 2019
                                ___________
 
 Introduced  by M. of A. CARROLL, MOSLEY -- read once and referred to the
   Committee on Governmental Operations  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the state finance law and the tax law,  in  relation  to
   implementing  "The New York State Low Embodied Carbon Concrete Leader-
   ship Act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and may be cited as "The New York
 State Low Embodied Carbon Concrete Leadership Act".
   § 2. Section 165 of the state finance law is amended by adding  a  new
 subdivision 9 to read as follows:
   9. SPECIAL PROVISIONS FOR PURCHASE OF CONCRETE.
   A.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (I) "CONCRETE" SHALL MEAN STRUCTURAL AND  NON-STRUCTURAL  MASONRY  AND
 READY MIX CONCRETE BUILDING PRODUCTS.
   (II)  "CONCRETE  MIX" SHALL MEAN A SPECIFIC COMBINATION OF COMPONENTS,
 INCLUDING WATER, CEMENT, AGGREGATE AND OTHER MATERIALS WHICH ARE USED TO
 PRODUCE CONCRETE PRODUCTS. THE STRUCTURAL PROPERTIES OF  CONCRETE  MIXES
 VARY  BY STRENGTH, DURABILITY, CURING TIME AND OTHER PERFORMANCE CHARAC-
 TERISTICS AS A RESULT OF THE DEFINED PROPORTIONS OF THEIR COMPONENTS AND
 THE METHODS USED IN THEIR PRODUCTION.
   (III) "EMBODIED CARBON EMISSIONS" SHALL MEAN CARBON  EMISSIONS  GENER-
 ATED AS A RESULT OF A MATERIAL'S PRODUCTION, INCLUDING MINING, REFINING,
 AND SHIPPING.
   (IV)  "LOW EMBODIED CARBON CONCRETE" SHALL MEAN CONCRETE THAT HAS BEEN
 VERIFIED TO EMBODY LOWER CARBON EMISSIONS, AS MEASURED BY A GLOBAL WARM-
 ING POTENTIAL (GWP) METRIC, COMPARED TO  THE  BASELINE  EMBODIED  CARBON
 EMISSIONS  OF  CONVENTIONAL  CONCRETE  MADE  WITH  PORTLAND  CEMENT. LOW
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13765-05-9

 A. 8617--A                          2
 
 EMBODIED CARBON EMISSIONS CAN BE ACHIEVED THROUGH  DIVERSE  METHODS  AND
 PROCESSES INCLUDING, BUT NOT LIMITED TO: (A) HIGHER ENERGY EFFICIENCY AT
 THE  LEVEL  OF  THE  CONCRETE  AND/OR  CEMENT PLANT; (B) LOW CARBON FUEL
 SUBSTITUTION AT THE LEVEL OF THE CONCRETE AND/OR CEMENT PLANT; (C) LOCAL
 PRODUCTION  RESULTING  IN REDUCED EMISSIONS FROM TRANSPORTATION; (D) THE
 REDUCTION OF CLINKER CONTENT IN THE CEMENT COMPONENT OF CONCRETE, OR THE
 SUBSTITUTION OF CLINKER CONTENT WITH LOWER CARBON-INTENSIVE  ALTERNATIVE
 MATERIALS;  (E)  THE  CAPTURE  AND STORAGE OF POINT SOURCE CO2 EMISSIONS
 DURING THE CEMENT AND CONCRETE PRODUCTION PROCESS; OR (F)  THE  UTILIZA-
 TION AND MINERALIZATION OF CARBON IN CONCRETE MATERIALS.
   (V)  "ENVIRONMENTAL  PRODUCT  DECLARATION  (EPD)"  SHALL  MEAN PRODUCT
 SPECIFIC TYPE III EPDS THAT CONFORM TO ISO STANDARD 14025 AND ENABLE THE
 NUMERIC GWP AND ENVIRONMENTAL IMPACT COMPARISONS BETWEEN CONCRETE  MIXES
 FULFILLING THE SAME FUNCTIONS.
   (VI) "CO2 CAPTURE" SHALL MEAN METHODS THAT SEPARATE AND CAPTURE CARBON
 DIOXIDE FROM THE AIR AND/OR INDUSTRIAL EMISSIONS POINT SOURCES.
   (VII)  "CO2 UTILIZATION" SHALL MEAN A METHOD OF PERMANENTLY MINERALIZ-
 ING CO2 IN PRODUCTS.
   (VIII) "NET ZERO CO2 EMISSIONS" SHALL MEAN A STATE WHEREBY  THE  TOTAL
 AMOUNT  OF  CO2  UTILIZED AND/OR CAPTURED DURING THE CONCRETE PRODUCTION
 PROCESS AND/OR MINERALIZED IN CONCRETE MATERIALS ARE EQUAL TO THE AMOUNT
 OF CO2 EMISSIONS RELEASED DURING THE PRODUCTION AND UTILIZATION OF  THAT
 CONCRETE.
   (IX)  "NET  NEGATIVE  CO2  EMISSIONS"  SHALL  MEAN A STATE WHEREBY THE
 AMOUNT OF CO2 UTILIZED AND/OR CAPTURED DURING  THE  CONCRETE  PRODUCTION
 PROCESS  AND/OR  MINERALIZED  IN CONCRETE MATERIALS ARE GREATER THAN THE
 AMOUNT OF CO2 EMISSIONS RELEASED DURING THE PRODUCTION  AND  UTILIZATION
 OF THAT CONCRETE.
   B.  WHEN  LETTING  CONTRACTS FOR THE PURCHASE OF CONCRETE ON BEHALF OF
 FACILITIES, TRANSPORTATION AUTHORITIES AND INSTITUTIONS  OF  THE  STATE,
 SOLICITATION  SPECIFICATIONS  OF  THE OFFICE OF GENERAL SERVICES AND ANY
 OTHER AGENCY, DEPARTMENT, OFFICE,  BOARD  OR  COMMISSION  SHALL  REQUIRE
 PROVISIONS  THAT  MANDATE THE INCORPORATION OF LOW EMBODIED CARBON EMIS-
 SIONS SELECTION STANDARDS THAT  ARE  GOVERNED  BY  THE  GWP,  QUANTIFIED
 THROUGH CERTIFIED EPD ANALYSIS FOR EACH CONCRETE MIX PROPOSED IN BIDS BY
 OFFERERS. FOR BID OPPORTUNITIES THAT INCLUDE MULTIPLE CONCRETE MIXES THE
 GWP  OF  ALL  MIXES WILL BE AGGREGATED INTO A SINGLE GWP SCORE THAT WILL
 SERVE AS THE BASIS OF COMPARISON AND SELECTION.    LOW  EMBODIED  CARBON
 CONCRETE  MIXES  MUST  MEET  OR EXCEED ENGINEERING PERFORMANCE STANDARDS
 APPROVED BY THE STATE  AND  MUST  NOT  RESULT  IN  COST  ESCALATION  FOR
 CONCRETE  PROCUREMENT  COMPARED  TO  THE CURRENT MARKET PRICE OF CONVEN-
 TIONAL CONCRETE.
   C. FOR CONCRETE TECHNOLOGIES THAT INVOLVE THE CAPTURE AND/OR  UTILIZA-
 TION AND STORAGE OF CARBON, AND THUS THEORETICALLY POSSESS THE POTENTIAL
 TO  ATTAIN  NET  ZERO OR NET NEGATIVE EMBODIED CO2 EMISSIONS IN A FUTURE
 SCENARIO, THE STATE  SHALL  ESTABLISH  SUPPLEMENTAL  SELECTION  CRITERIA
 INTENDED  TO  ACCELERATE THE MARKET ENTRY OF THOSE TECHNOLOGIES AT PRES-
 ENT, AND INCENTIVIZE TECHNOLOGICAL INNOVATION AND  COMMERCIALIZATION  OF
 NEW CARBON UTILIZATION TECHNOLOGIES IN THE FUTURE. CARBON CAPTURE AND/OR
 UTILIZATION-BASED  CONCRETE MIXES WILL BE GRANTED PREFERENTIAL SELECTION
 IN COMPETITIVE SOLICITATIONS IF SUCH OFFERINGS: (I) MATCH OR EXCEED  ALL
 COMPETING  LOW EMBODIED CARBON ALTERNATIVES OFFERED IN BIDS ON THE BASIS
 OF THEIR GWP; (II) MATCH  OR  EXCEED  STRUCTURAL  PERFORMANCE  STANDARDS
 SPECIFIED  BY  THE  STATE; AND (III) CAN BE PROCURED AT COSTS NO GREATER
 THAN: (A) FIFTEEN PER CENT OF THE CURRENT MARKET PRICE  OF  CONVENTIONAL
 CONCRETE  IN  THE FIRST THREE YEARS OF THE PROCUREMENT STANDARD'S IMPLE-

 A. 8617--A                          3
 
 MENTATION; (B) TEN PER CENT OF THE CURRENT  MARKET  PRICE  DURING  YEARS
 FOUR  THROUGH  SIX OF THE PROCUREMENT STANDARD'S IMPLEMENTATION; AND (C)
 FIVE PER CENT OF THE CURRENT MARKET PRICE  STARTING  IN  YEAR  SEVEN  OF
 IMPLEMENTATION.   TO THE MAXIMUM EXTENT DETERMINED TO BE FEASIBLE BY THE
 COMMISSIONER, ANALYSES OF COST IMPACT WILL MEASURE  BOTH  MATERIAL  UNIT
 COSTS  AS  WELL  AS  PROJECTED  NEGATIVE OR POSITIVE COST IMPACTS DURING
 CONCRETE TRANSPORTATION AND CONSTRUCTION, OR  THROUGH  THE  INCREASE  OR
 DISPLACEMENT  OF  OTHER  COST-BEARING  BUILDING MATERIALS AS A RESULT OF
 UTILIZATION.
   D. THE COMMISSIONER SHALL ISSUE REGULATIONS FOR THE IMPLEMENTATION  OF
 THIS  SUBDIVISION, INCLUDING BUT NOT LIMITED TO: (I) ESTABLISHING GUIDE-
 LINES THAT WILL ASSIST AGENCIES IN DETERMINING WHICH CONTRACTS MEET  THE
 REQUIREMENTS  IN  PARAGRAPH  B OF THIS SUBDIVISION; (II) PUBLISHING SUCH
 PURCHASING GUIDELINES  ON  THE  OFFICE  OF  GENERAL  SERVICES'  WEBSITE,
 DISSEMINATING  SUCH  GUIDELINES  TO  AGENCIES  AND  TRAINING CONTRACTING
 PERSONNEL ON IMPLEMENTING SUCH GUIDELINES; AND (III) PROVIDING FOR MONI-
 TORING OF IMPLEMENTATION.
   E. (I) WITH EACH OFFER, OFFERERS  INCORPORATING  LOW  EMBODIED  CARBON
 EMISSIONS  CONCRETE  SHALL SUBMIT PRODUCT-SPECIFIC GWP DATA DERIVED FROM
 AN EPD ANALYSIS OR COMPARABLE METHODOLOGY. (II) ANY  SUCCESSFUL  OFFERER
 WHO  FAILS  TO  COMPLY  WITH  THE PROVISIONS OF THIS SUBDIVISION, AT THE
 DISCRETION OF SUCH AGENCY, BOARD, OFFICE OR  COMMISSION,  SHALL  FORFEIT
 THE  RIGHT TO BID ON CONTRACTS LET UNDER THE PROVISIONS OF THIS SUBDIVI-
 SION FOR A PERIOD OF TIME TO BE DETERMINED BY THE COMMISSIONER.
   § 3. Section 606 of the tax law is amended by adding a new  subsection
 (kkk) to read as follows:
   (KKK)  THE  ENVIRONMENTAL  PRODUCT  DECLARATION  TAX CREDIT. (A) DEFI-
 NITIONS. FOR THE PURPOSES OF THIS SECTION:
   (I) "LOW EMBODIED CARBON CONCRETE" SHALL MEAN CONCRETE THAT  HAS  BEEN
 VERIFIED  BY  ENVIRONMENTAL  PRODUCT  DECLARATION TO EMBODY LOWER CARBON
 EMISSIONS, AS MEASURED BY  A  GLOBAL  WARMING  POTENTIAL  (GWP)  METRIC,
 COMPARED  TO  THE  BASELINE  EMBODIED  CARBON  EMISSIONS OF CONVENTIONAL
 CONCRETE.
   (II) "ENVIRONMENTAL PRODUCT DECLARATION  (EPD)  ANALYSIS"  SHALL  MEAN
 PRODUCT  SPECIFIC  TYPE  III EPDS THAT CONFORM TO ISO STANDARD 14025 AND
 ENABLE GLOBAL WARMING POTENTIAL (GWP) AND ENVIRONMENTAL  IMPACT  COMPAR-
 ISONS BETWEEN PRODUCTS FULFILLING THE SAME FUNCTIONS.
   (B) ALLOWANCE OF CREDIT. PRODUCERS OF CONCRETE, AS WELL AS THE PRODUC-
 ERS  OF  THE  MAJOR  CONCRETE COMPONENTS, CEMENT AND AGGREGATE, THAT ARE
 TAXPAYERS SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN  THIS
 SUBSECTION,  AGAINST  THE TAX IMPOSED BY THIS ARTICLE, TO COMPENSATE FOR
 FINANCIAL BURDENS INCURRED AS A RESULT OF  EPD  ANALYSES  UNDERTAKEN  TO
 DETERMINE THE PRODUCT-BASED EMBODIED CARBON EMISSIONS OF ONE OR MULTIPLE
 CONCRETE  PRODUCTS PRODUCED AT ONE OR MULTIPLE PLANTS THAT SUCH TAXPAYER
 OWNS AND OPERATES.
   (C) AMOUNT OF CREDIT. THE CREDIT AUTHORIZED BY THIS  SUBSECTION  SHALL
 NOT  EXCEED  THE  FULL  COSTS  INCURRED  FOR AN EPD ANALYSIS OF A SINGLE
 CONCRETE, CEMENT  AND/OR  AGGREGATE  PRODUCTION  FACILITY,  AND  MAY  BE
 CLAIMED  FOR THE COSTS OF COMPLETING EPD ANALYSES AT UP TO EIGHT FACILI-
 TIES OWNED BY THE SAME PRODUCER IN A SINGLE TAX YEAR BY A SINGLE TAXPAY-
 ING ENTITY IN TAX YEARS TWO THOUSAND TWENTY, TWO THOUSAND TWENTY-ONE AND
 TWO THOUSAND TWENTY-TWO. THE CREDIT AUTHORIZED BY THIS SUBSECTION  SHALL
 NOT  EXCEED  FIFTY  PERCENT  OF INCURRED COSTS FOR EPD ANALYSIS AT UP TO
 EIGHT CONCRETE, CEMENT OR AGGREGATE FACILITIES OWNED BY THE SAME PRODUC-
 ER IN A SINGLE TAX YEAR BY A SINGLE TAXPAYING ENTITY IN  TAX  YEARS  TWO

 A. 8617--A                          4
 
 THOUSAND TWENTY-THREE AND TWO THOUSAND TWENTY-FOUR. TAX CREDIT ELIGIBIL-
 ITY WILL EXPIRE AT THE END OF TWO THOUSAND TWENTY-FOUR.
   (D)  APPLICATION  OF  CREDIT. THE CREDIT ALLOWED UNDER THIS SUBSECTION
 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. HOWEVER,  IF
 THE  AMOUNT  OF THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR ANY TAXABLE
 YEAR REDUCES THE TAX TO SUCH AMOUNT OR IF THE  TAXPAYER  OTHERWISE  PAYS
 TAX  BASED ON THE FIXED DOLLAR MINIMUM AMOUNT, ANY AMOUNT OF CREDIT THUS
 NOT DEDUCTIBLE IN SUCH TAXABLE YEAR SHALL BE TREATED AS  AN  OVERPAYMENT
 OF  TAX  TO BE CREDITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF
 SECTION ONE THOUSAND EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER,  THE
 PROVISIONS  OF  SUBSECTION  (C)  OF SECTION ONE THOUSAND EIGHTY-EIGHT OF
 THIS CHAPTER NOTWITHSTANDING, NO INTEREST SHALL BE PAID THEREON.
   § 4. This act shall take effect on the first of January next  succeed-
 ing  the  date  on  which  it shall have become a law and shall apply to
 taxable years commencing on and after such date. Effective  immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8617--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              October 2, 2019
                                ___________
 
 Introduced  by  M.  of  A.  CARROLL, MOSLEY, JAFFEE, DICKENS, RODRIGUEZ,
   ORTIZ, GOTTFRIED, ABINANTI, GLICK, STIRPE,  BARRON,  FAHY,  DAVILA  --
   Multi-Sponsored  by  -- M. of A. COOK, SIMON -- read once and referred
   to the Committee on Governmental Operations --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- recommitted to the Committee on  Governmental  Operations
   in  accordance  with  Assembly Rule 3, sec. 2 -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN  ACT  to  amend the state finance law and the tax law, in relation to
   implementing "The New York State Low Embodied Carbon Concrete  Leader-
   ship Act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as "The  New  York
 State Low Embodied Carbon Concrete Leadership Act".
   §  2.  Section 165 of the state finance law is amended by adding a new
 subdivision 9 to read as follows:
   9. SPECIAL PROVISIONS FOR PURCHASE OF CONCRETE.
   A. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (I)  "CONCRETE"  SHALL  MEAN STRUCTURAL AND NON-STRUCTURAL MASONRY AND
 READY MIX CONCRETE BUILDING PRODUCTS.
   (II) "CONCRETE MIX" SHALL MEAN A SPECIFIC COMBINATION  OF  COMPONENTS,
 INCLUDING WATER, CEMENT, AGGREGATE AND OTHER MATERIALS WHICH ARE USED TO
 PRODUCE  CONCRETE  PRODUCTS. THE STRUCTURAL PROPERTIES OF CONCRETE MIXES
 VARY BY STRENGTH, DURABILITY, CURING TIME AND OTHER PERFORMANCE  CHARAC-
 TERISTICS AS A RESULT OF THE DEFINED PROPORTIONS OF THEIR COMPONENTS AND
 THE METHODS USED IN THEIR PRODUCTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13765-08-0

 A. 8617--B                          2
 
   (III)  "EMBODIED  CARBON EMISSIONS" SHALL MEAN CARBON EMISSIONS GENER-
 ATED AS A RESULT OF A MATERIAL'S PRODUCTION, INCLUDING MINING, REFINING,
 AND SHIPPING.
   (IV)  "LOW EMBODIED CARBON CONCRETE" SHALL MEAN CONCRETE THAT HAS BEEN
 VERIFIED TO EMBODY LOWER CARBON EMISSIONS, AS MEASURED BY A GLOBAL WARM-
 ING POTENTIAL (GWP) METRIC, COMPARED TO  THE  BASELINE  EMBODIED  CARBON
 EMISSIONS  OF  CONVENTIONAL  CONCRETE  MADE  WITH  PORTLAND  CEMENT. LOW
 EMBODIED CARBON EMISSIONS CAN BE ACHIEVED THROUGH  DIVERSE  METHODS  AND
 PROCESSES INCLUDING, BUT NOT LIMITED TO: (A) HIGHER ENERGY EFFICIENCY AT
 THE  LEVEL  OF  THE  CONCRETE  AND/OR  CEMENT PLANT; (B) LOW CARBON FUEL
 SUBSTITUTION AT THE LEVEL OF THE CONCRETE AND/OR CEMENT PLANT; (C) LOCAL
 PRODUCTION RESULTING IN REDUCED EMISSIONS FROM TRANSPORTATION;  (D)  THE
 REDUCTION OF CLINKER CONTENT IN THE CEMENT COMPONENT OF CONCRETE, OR THE
 SUBSTITUTION  OF CLINKER CONTENT WITH LOWER CARBON-INTENSIVE ALTERNATIVE
 MATERIALS; (E) THE CAPTURE AND STORAGE OF  POINT  SOURCE  CO2  EMISSIONS
 DURING  THE  CEMENT AND CONCRETE PRODUCTION PROCESS; OR (F) THE UTILIZA-
 TION AND MINERALIZATION OF CARBON IN CONCRETE MATERIALS.
   (V) "ENVIRONMENTAL  PRODUCT  DECLARATION  (EPD)"  SHALL  MEAN  PRODUCT
 SPECIFIC TYPE III EPDS THAT CONFORM TO ISO STANDARD 14025 AND ENABLE THE
 NUMERIC  GWP AND ENVIRONMENTAL IMPACT COMPARISONS BETWEEN CONCRETE MIXES
 FULFILLING THE SAME FUNCTIONS.
   (VI) "CO2 CAPTURE" SHALL MEAN METHODS THAT SEPARATE AND CAPTURE CARBON
 DIOXIDE FROM THE AIR AND/OR INDUSTRIAL EMISSIONS POINT SOURCES.
   (VII) "CO2 UTILIZATION" SHALL MEAN A METHOD OF PERMANENTLY  MINERALIZ-
 ING CO2 IN PRODUCTS.
   (VIII)  "NET  ZERO CO2 EMISSIONS" SHALL MEAN A STATE WHEREBY THE TOTAL
 AMOUNT OF CO2 UTILIZED AND/OR CAPTURED DURING  THE  CONCRETE  PRODUCTION
 PROCESS AND/OR MINERALIZED IN CONCRETE MATERIALS ARE EQUAL TO THE AMOUNT
 OF  CO2 EMISSIONS RELEASED DURING THE PRODUCTION AND UTILIZATION OF THAT
 CONCRETE.
   (IX) "NET NEGATIVE CO2 EMISSIONS"  SHALL  MEAN  A  STATE  WHEREBY  THE
 AMOUNT  OF  CO2  UTILIZED AND/OR CAPTURED DURING THE CONCRETE PRODUCTION
 PROCESS AND/OR MINERALIZED IN CONCRETE MATERIALS ARE  GREATER  THAN  THE
 AMOUNT  OF  CO2 EMISSIONS RELEASED DURING THE PRODUCTION AND UTILIZATION
 OF THAT CONCRETE.
   B. WHEN LETTING CONTRACTS FOR THE PURCHASE OF CONCRETE  ON  BEHALF  OF
 FACILITIES,  TRANSPORTATION  AUTHORITIES  AND INSTITUTIONS OF THE STATE,
 SOLICITATION SPECIFICATIONS OF THE OFFICE OF GENERAL  SERVICES  AND  ANY
 OTHER  AGENCY,  DEPARTMENT,  OFFICE,  BOARD  OR COMMISSION SHALL REQUIRE
 PROVISIONS THAT MANDATE THE INCORPORATION OF LOW EMBODIED  CARBON  EMIS-
 SIONS  SELECTION  STANDARDS  THAT  ARE  GOVERNED  BY THE GWP, QUANTIFIED
 THROUGH CERTIFIED EPD ANALYSIS FOR EACH CONCRETE MIX PROPOSED IN BIDS BY
 OFFERERS. FOR BID OPPORTUNITIES THAT INCLUDE MULTIPLE CONCRETE MIXES THE
 GWP OF ALL MIXES WILL BE AGGREGATED INTO A SINGLE GWP  SCORE  THAT  WILL
 SERVE  AS  THE  BASIS  OF COMPARISON AND SELECTION.  LOW EMBODIED CARBON
 CONCRETE MIXES MUST MEET OR  EXCEED  ENGINEERING  PERFORMANCE  STANDARDS
 APPROVED  BY  THE  STATE  AND  MUST  NOT  RESULT  IN COST ESCALATION FOR
 CONCRETE PROCUREMENT COMPARED TO THE CURRENT  MARKET  PRICE  OF  CONVEN-
 TIONAL CONCRETE.
   C.  FOR CONCRETE TECHNOLOGIES THAT INVOLVE THE CAPTURE AND/OR UTILIZA-
 TION AND STORAGE OF CARBON, AND THUS THEORETICALLY POSSESS THE POTENTIAL
 TO ATTAIN NET ZERO OR NET NEGATIVE EMBODIED CO2 EMISSIONS  IN  A  FUTURE
 SCENARIO,  THE  STATE  SHALL  ESTABLISH  SUPPLEMENTAL SELECTION CRITERIA
 INTENDED TO ACCELERATE THE MARKET ENTRY OF THOSE TECHNOLOGIES  AT  PRES-
 ENT,  AND  INCENTIVIZE TECHNOLOGICAL INNOVATION AND COMMERCIALIZATION OF
 NEW CARBON UTILIZATION TECHNOLOGIES IN THE FUTURE. CARBON CAPTURE AND/OR

 A. 8617--B                          3
 
 UTILIZATION-BASED CONCRETE MIXES WILL BE GRANTED PREFERENTIAL  SELECTION
 IN  COMPETITIVE SOLICITATIONS IF SUCH OFFERINGS: (I) MATCH OR EXCEED ALL
 COMPETING LOW EMBODIED CARBON ALTERNATIVES OFFERED IN BIDS ON THE  BASIS
 OF  THEIR  GWP;  (II)  MATCH  OR EXCEED STRUCTURAL PERFORMANCE STANDARDS
 SPECIFIED BY THE STATE; AND (III) CAN BE PROCURED AT  COSTS  NO  GREATER
 THAN:  (A) FIFTEEN PERCENT GREATER THAN THE CURRENT AVERAGE MARKET PRICE
 OF CONVENTIONAL CONCRETE IN THE FIRST THREE  YEARS  OF  THE  PROCUREMENT
 STANDARD'S  IMPLEMENTATION;  (B)  TEN  PERCENT  GREATER THAN THE CURRENT
 AVERAGE MARKET PRICE DURING YEARS FOUR THROUGH SIX  OF  THE  PROCUREMENT
 STANDARD'S IMPLEMENTATION; AND (C) FIVE PERCENT GREATER THAN THE CURRENT
 AVERAGE  MARKET  PRICE STARTING IN YEAR SEVEN OF IMPLEMENTATION.  TO THE
 MAXIMUM EXTENT DETERMINED TO BE FEASIBLE BY THE  COMMISSIONER,  ANALYSES
 OF COST IMPACT WILL MEASURE BOTH MATERIAL UNIT COSTS AS WELL AS PROJECT-
 ED  NEGATIVE OR POSITIVE COST IMPACTS DURING CONCRETE TRANSPORTATION AND
 CONSTRUCTION, OR THROUGH THE INCREASE OR  DISPLACEMENT  OF  OTHER  COST-
 BEARING  BUILDING MATERIALS AS A RESULT OF UTILIZATION. FOR STATE-FUNDED
 CONSTRUCTION PROJECTS THAT WILL BE BE COMPLETED BY  PRIVATE  CONTRACTING
 FIRMS  THAT  HAVE  BEEN  CONTRACTED BY THE STATE, AND FOR WHICH CONCRETE
 WILL BE PROCURED FOR THE PROJECT, SUCH CONTRACTORS SHALL COMPLY WITH THE
 SELECTION STANDARDS AND RULES STIPULATED IN THIS PARAGRAPH WHEN  SUBCON-
 TRACTING SERVICES FROM CONCRETE PROVIDERS. SUCH CONTRACTORS SHALL REPORT
 EPD  DOCUMENTATION INCLUDED IN SUBCONTRACT BIDS THAT DEMONSTRATE COMPLI-
 ANCE WITH THE STANDARDS AND RULES. THE COMMISSIONER SHALL INSTITUTE  AND
 ISSUE  GUIDELINES  PERTAINING  TO  PENALTIES  FOR NON-COMPLIANCE BY SUCH
 CONTRACTORS.
   D. THE COMMISSIONER SHALL ISSUE REGULATIONS FOR THE IMPLEMENTATION  OF
 THIS  SUBDIVISION, INCLUDING BUT NOT LIMITED TO: (I) ESTABLISHING GUIDE-
 LINES THAT WILL ASSIST AGENCIES IN DETERMINING WHICH CONTRACTS MEET  THE
 REQUIREMENTS  IN  PARAGRAPH  B OF THIS SUBDIVISION; (II) PUBLISHING SUCH
 PURCHASING GUIDELINES  ON  THE  OFFICE  OF  GENERAL  SERVICES'  WEBSITE,
 DISSEMINATING  SUCH  GUIDELINES  TO  AGENCIES  AND  TRAINING CONTRACTING
 PERSONNEL ON IMPLEMENTING SUCH GUIDELINES; AND (III) PROVIDING FOR MONI-
 TORING OF IMPLEMENTATION.
   E. (I) WITH EACH OFFER, OFFERERS  INCORPORATING  LOW  EMBODIED  CARBON
 EMISSIONS  CONCRETE  SHALL SUBMIT PRODUCT-SPECIFIC GWP DATA DERIVED FROM
 AN EPD ANALYSIS OR COMPARABLE METHODOLOGY. (II) ANY  SUCCESSFUL  OFFERER
 WHO  FAILS  TO  COMPLY  WITH  THE PROVISIONS OF THIS SUBDIVISION, AT THE
 DISCRETION OF SUCH AGENCY, BOARD, OFFICE OR  COMMISSION,  SHALL  FORFEIT
 THE  RIGHT TO BID ON CONTRACTS LET UNDER THE PROVISIONS OF THIS SUBDIVI-
 SION FOR A PERIOD OF TIME TO BE DETERMINED BY THE COMMISSIONER.
   § 3. Section 606 of the tax law is amended by adding a new  subsection
 (kkk) to read as follows:
   (KKK)  THE  ENVIRONMENTAL  PRODUCT  DECLARATION  TAX CREDIT. (A) DEFI-
 NITIONS. FOR THE PURPOSES OF THIS SECTION:
   (I) "LOW EMBODIED CARBON CONCRETE" SHALL MEAN CONCRETE THAT  HAS  BEEN
 VERIFIED  BY  ENVIRONMENTAL  PRODUCT  DECLARATION TO EMBODY LOWER CARBON
 EMISSIONS, AS MEASURED BY  A  GLOBAL  WARMING  POTENTIAL  (GWP)  METRIC,
 COMPARED  TO  THE  BASELINE  EMBODIED  CARBON  EMISSIONS OF CONVENTIONAL
 CONCRETE.
   (II) "ENVIRONMENTAL PRODUCT DECLARATION  (EPD)  ANALYSIS"  SHALL  MEAN
 PRODUCT  SPECIFIC  TYPE  III EPDS THAT CONFORM TO ISO STANDARD 14025 AND
 ENABLE GLOBAL WARMING POTENTIAL (GWP) AND ENVIRONMENTAL  IMPACT  COMPAR-
 ISONS BETWEEN PRODUCTS FULFILLING THE SAME FUNCTIONS.
   (B) ALLOWANCE OF CREDIT. PRODUCERS OF CONCRETE, AS WELL AS THE PRODUC-
 ERS  OF  THE  MAJOR  CONCRETE COMPONENTS, CEMENT AND AGGREGATE, THAT ARE
 TAXPAYERS SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN  THIS

 A. 8617--B                          4
 
 SUBSECTION,  AGAINST  THE TAX IMPOSED BY THIS ARTICLE, TO COMPENSATE FOR
 FINANCIAL BURDENS INCURRED AS A RESULT OF  EPD  ANALYSES  UNDERTAKEN  TO
 DETERMINE THE PRODUCT-BASED EMBODIED CARBON EMISSIONS OF ONE OR MULTIPLE
 CONCRETE  PRODUCTS PRODUCED AT ONE OR MULTIPLE PLANTS THAT SUCH TAXPAYER
 OWNS AND OPERATES.
   (C) AMOUNT OF CREDIT. THE CREDIT AUTHORIZED BY THIS  SUBSECTION  SHALL
 NOT  EXCEED  THE  FULL  COSTS  INCURRED  FOR AN EPD ANALYSIS OF A SINGLE
 CONCRETE, CEMENT  AND/OR  AGGREGATE  PRODUCTION  FACILITY,  AND  MAY  BE
 CLAIMED  FOR THE COSTS OF COMPLETING EPD ANALYSES AT UP TO EIGHT FACILI-
 TIES OWNED BY THE SAME PRODUCER IN A SINGLE TAX YEAR BY A SINGLE TAXPAY-
 ING ENTITY IN TAX YEARS TWO THOUSAND TWENTY, TWO THOUSAND TWENTY-ONE AND
 TWO THOUSAND TWENTY-TWO. THE CREDIT AUTHORIZED BY THIS SUBSECTION  SHALL
 NOT  EXCEED  FIFTY  PERCENT  OF INCURRED COSTS FOR EPD ANALYSIS AT UP TO
 EIGHT CONCRETE, CEMENT OR AGGREGATE FACILITIES OWNED BY THE SAME PRODUC-
 ER IN A SINGLE TAX YEAR BY A SINGLE TAXPAYING ENTITY IN  TAX  YEARS  TWO
 THOUSAND TWENTY-THREE AND TWO THOUSAND TWENTY-FOUR. TAX CREDIT ELIGIBIL-
 ITY WILL EXPIRE AT THE END OF TWO THOUSAND TWENTY-FOUR.
   (D)  APPLICATION  OF  CREDIT. THE CREDIT ALLOWED UNDER THIS SUBSECTION
 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. HOWEVER,  IF
 THE  AMOUNT  OF THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR ANY TAXABLE
 YEAR REDUCES THE TAX TO SUCH AMOUNT OR IF THE  TAXPAYER  OTHERWISE  PAYS
 TAX  BASED ON THE FIXED DOLLAR MINIMUM AMOUNT, ANY AMOUNT OF CREDIT THUS
 NOT DEDUCTIBLE IN SUCH TAXABLE YEAR SHALL BE TREATED AS  AN  OVERPAYMENT
 OF  TAX  TO BE CREDITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF
 SECTION ONE THOUSAND EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER,  THE
 PROVISIONS  OF  SUBSECTION  (C)  OF SECTION ONE THOUSAND EIGHTY-EIGHT OF
 THIS CHAPTER NOTWITHSTANDING, NO INTEREST SHALL BE PAID THEREON.
   § 4. This act shall take effect on the first of January next  succeed-
 ing  the  date  on  which  it shall have become a law and shall apply to
 taxable years commencing on and after such date. Effective  immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.