S T A T E O F N E W Y O R K
________________________________________________________________________
6530
2023-2024 Regular Sessions
I N A S S E M B L Y
April 13, 2023
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Introduced by M. of A. STIRPE, FAHY, GUNTHER, LUPARDO, MAGNARELLI, SIMON
-- read once and referred to the Committee on Ways and Means
AN ACT to amend the tax law, in relation to credits against tax for
homeowners and businesses to build permeable surfaces
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 (ooo) to read as follows:
(OOO) CREDIT FOR HOMEOWNERS AND BUSINESSES TO BUILD PERMEABLE
SURFACES. (1)(A) HOMEOWNERS WHO CONSTRUCT A PERMEABLE SURFACE AS PART OF
THEIR REAL PROPERTY, DURING THE TAXABLE YEAR, SHALL BE ELIGIBLE TO
RECEIVE A TAX CREDIT FOR UP TO FIFTY PERCENT OF THE COST OF
CONSTRUCTION, NOT EXCEEDING FIVE THOUSAND DOLLARS.
(B) FOR PURPOSES OF THIS SUBSECTION THE FOLLOWING DEFINITIONS SHALL
APPLY:
(I) HOMEOWNER IS DEFINED AS A NEW YORK RESIDENT FOR THE PAST TWENTY-
FOUR MONTHS AND WHO OWNS A SINGLE FAMILY OR MULTI-FAMILY DWELLING FOR
RESIDENTIAL PURPOSES WITHIN NEW YORK STATE.
(II) PERMEABLE SURFACE, SHALL MEAN ANY PERMEABLE PAVING THAT ALLOWS
THE MOVEMENT OF WATER AND AIR AROUND THE PAVING MATERIALS. A PERMEABLE
SURFACE SHALL INCLUDE BUT NOT BE LIMITED TO: SIDEWALKS, DRIVEWAYS AND
PARKING LOTS.
(2)(A) BUSINESSES WHO CONSTRUCT A PERMEABLE SURFACE ADJACENT TO OR
WITHIN ONE THOUSAND FEET OF THE PROPERTY, DURING THE TAXABLE YEAR, SHALL
BE ELIGIBLE TO RECEIVE A TAX CREDIT FOR UP TO FIFTY PERCENT OF THE COST
OF CONSTRUCTION, NOT EXCEEDING FIVE THOUSAND DOLLARS.
(B) FOR PURPOSES OF THIS SUBSECTION THE FOLLOWING DEFINITIONS SHALL
APPLY:
(I) BUSINESS SHALL MEAN ANY BUSINESS WHOSE PRINCIPAL PLACE OF BUSINESS
IS LOCATED IN NEW YORK STATE, AND HAS BEEN LOCATED IN THE STATE FOR THE
PREVIOUS THIRTY-SIX MONTHS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02167-01-3
A. 6530 2
(II) PERMEABLE SURFACE, SHALL MEAN ANY PERMEABLE PAVING THAT ALLOWS
THE MOVEMENT OF WATER AND AIR AROUND THE PAVING MATERIALS. A PERMEABLE
SURFACE SHALL INCLUDE BUT NOT BE LIMITED TO: SIDEWALKS, DRIVEWAYS AND
PARKING LOTS.
§ 2. This act shall take effect immediately and shall apply to taxable
years commencing on and after such date.