NY State Senate Bill 2021-S4741

Archive: Last Bill Status - In Senate Committee Budget And Revenue 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to budget and revenue
Feb 10, 2021	referred to budget and revenue

co-Sponsors

2021-S4741 (ACTIVE) - Details

See Assembly Version of this Bill:: A258
Current Committee:: Senate Budget And Revenue
Law Section:: Tax Law
Laws Affected:: Amd §§210-B & 606, Tax L; amd §3-0301, En Con L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A584
2019-2020: S4718, A655
2023-2024: S8436, A92
2025-2026: S6883, A142

2021-S4741 (ACTIVE) - Summary

Establishes a mollusk shell recycling tax credit; directs DEC to promulgate necessary regulations.

2021-S4741 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4741

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to amend the tax law and the environmental conservation law, in
relation to establishing a bivalve mollusk shell recycling tax credit

 
PURPOSE:

This bill will create an oyster shell recycling tax credit in New York
State.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends Section 210-B of the tax law by adding a new subdivi-
sion 54.

Section two amends Section 606 of the tax law by adding a new subsection
(kkk).

Section three amends Subparagraph (B) of paragraph 1 of subsection (i)
of section 606 of the tax law by adding a new clause (xlv).

Section four amends Subdivision 1 of section 3-0301 of the environmental
conservation law by adding a new paragraph (ee).

Section five sets forth the effective date.

 
JUSTIFICATION:

The oyster has always been a staple of the New York Harbor, at one time
covering as many as 220,000 acres of the Hudson River estuary.  Gradual-
ly, however, the oyster has become nearly extinct due to high rates of
toxicity from sewage, dredging and pollutants in the Hudson and Raritan
Rivers. While the water quality has improved, it is still by no means
suitable for the oyster species to return to normalcy.

The role of the oyster is integral to the entire urban ecosystem.
Oysters are responsible for filtering water, providing habitats for
other marine species, and reducing wave and tidal energy. These "natural
water filters" (also called filter-feeders) remove excess nitrogen from
the water column and prevent the explosion of algae.

These algae blooms can block sunlight that underwater plants need to
survive and consumes dissolved oxygen that fish need to breathe.
Oysters filter the water through their gills and digest the toxic parti-
cles. An adult oyster can filter about 50 gallons of water per day, but
there are not nearly enough oysters to filter the New York Harbor or
other similar bodies of water.

In an effort to restore the oyster population and naturally clean the
New York Harbor, environmental organizations, such as the Billion Oyster
Project, administer a voluntary program whereby restaurants can donate
oyster shells that the Billion Oyster Project uses to grow new oysters
that are put back into New York Harbor. Over 60 restaurants voluntarily
participate in this program in New York City and hundreds of thousands
of pounds of shells are collected and put (after growing new oyster
spat) into New York Harbor each year. Each restaurant incurs time and
expense for its employees to collect and prepare the oysters shells for
donations.

This bill will provide a tax credit in an amount equal to $0.10 for each
pound of oyster shells recycled during the tax year, not to exceed
$1,000.00 per taxpayer. Other states, such as Maryland and North Caroli-
na, already have similar legislation in place to encourage more oyster
shell donations. Not only will this improve the quality of water in the
Hudson River and surrounding bodies, but it will also create a cleaner
New York Harbor for all species.

 
LEGISLATIVE HISTORY:

2019-20: S4718-A - Referred to Budget and Revenue.

2017-18: A.584 - Referred to Ways and Means

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to taxable years
beginning on or after January 1, 2022.

2021-S4741 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4741
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2021
                                ___________
 
 Introduced by Sens. KAMINSKY, BIAGGI, GOUNARDES, MYRIE -- read twice and
   ordered  printed, and when printed to be committed to the Committee on
   Budget and Revenue
 
 AN ACT to amend the tax law and the environmental conservation  law,  in
   relation to establishing a bivalve mollusk 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 55 to read as follows:
   55.  BIVALVE  MOLLUSK  SHELL  RECYCLING  CREDIT.  A  TAXPAYER SHALL BE
 ALLOWED A CREDIT, TO BE COMPUTED AS HEREINAFTER PROVIDED AGAINST THE TAX
 IMPOSED BY THIS ARTICLE, FOR THE RECYCLING OF  BIVALVE  MOLLUSK  SHELLS.
 THE AMOUNT OF THE CREDIT SHALL BE THE LESSER OF ONE THOUSAND DOLLARS, OR
 TEN CENTS MULTIPLIED BY THE NUMBER OF POUNDS OF MOLLUSK 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. IN ORDER FOR A TAXPAYER TO QUALIFY FOR THIS
 CREDIT, THE SHELLS SHALL BE DONATED TO AN ENTITY OR ORGANIZATION PERMIT-
 TED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO REUSE SUCH SHELLS
 FOR THE BENEFICIAL USE OF OYSTER REEF RESTORATION.
   §  2. Section 606 of the tax law is amended by adding a new subsection
 (kkk) to read as follows:
   (KKK) BIVALVE MOLLUSK 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 BIVALVE MOLLUSK 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  BIVALVE
 MOLLUSK  SHELLS  CERTIFIED  BY THE NEW YORK STATE DEPARTMENT OF ENVIRON-
 MENTAL CONSERVATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00427-01-1

 S. 4741                             2
 
   (3) IN ORDER FOR A TAXPAYER TO QUALIFY FOR  THIS  CREDIT,  THE  SHELLS
 SHALL  BE  DONATED TO AN ENTITY OR ORGANIZATION PERMITTED BY THE DEPART-
 MENT OF ENVIRONMENTAL CONSERVATION TO REUSE SUCH SHELLS FOR THE  BENEFI-
 CIAL USE OF OYSTER REEF RESTORATION.
   §  3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
 of the tax law is amended by adding a  new  clause  (xlvi)  to  read  as
 follows:
 (XLVI) BIVALVE MOLLUSK               AMOUNT OF CREDIT UNDER SUBDIVISION
 SHELL RECYCLING CREDIT UNDER         FIFTY-FIVE OF SECTION TWO
 SUBSECTION (KKK)                     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.  ESTABLISH  RULES  AND  REGULATIONS REGARDING THE VERIFICATION AND
 CERTIFICATION OF BIVALVE MOLLUSK SHELLS RETURNED TO THE  DEPARTMENT  FOR
 RECYCLING  PURSUANT  TO  THE  BIVALVE MOLLUSK SHELL RECYCLING TAX CREDIT
 PROVIDED IN SECTIONS TWO HUNDRED TEN-B AND SIX HUNDRED SIX  OF  THE  TAX
 LAW  AND  FOR  SUCH  SHELLS  TO  BE REUSED IN THE PROCESS OF OYSTER REEF
 RESTORATION.
   § 5. This act shall take effect immediately and shall apply to taxable
 years beginning on or after January 1, 2022.

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Senate Bill S4741

Sponsored By

Archive: Last Bill Status - In Senate Committee Budget And Revenue Committee

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co-Sponsors

2021-S4741 (ACTIVE) - Details

2021-S4741 (ACTIVE) - Summary

2021-S4741 (ACTIVE) - Sponsor Memo

2021-S4741 (ACTIVE) - Bill Text download pdf

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Sponsored By

Todd Kaminsky

Archive: Last Bill Status - In Senate Committee Budget And Revenue Committee

Actions

co-Sponsors

Alessandra Biaggi

Andrew Gounardes

Zellnor Myrie

2021-S4741 (ACTIVE) - Details

2021-S4741 (ACTIVE) - Summary

2021-S4741 (ACTIVE) - Sponsor Memo

2021-S4741 (ACTIVE) - Bill Text download pdf

Comments