Senate Bill S5302

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5302
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2021
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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, 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 (kkk) to read as follows:
   (KKK)  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-TWO 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-
 TWO AGAINST THE TAX IMPOSED BY THIS ARTICLE  FOR  THE  COSTS  ASSOCIATED
 WITH  INSECTICIDE INJECTION TREATMENTS TO A TREE INFECTED WITH THE EMER-
 ALD 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.
                                                            LBD07290-01-1
              

 S. 5302                             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 TEN
 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-TWO  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 to be  made  and
 completed on or before such effective date.