S T A T E O F N E W Y O R K
________________________________________________________________________
10778
I N A S S E M B L Y
April 1, 2026
___________
Introduced by M. of A. WALSH -- read once and referred to the Committee
on Ways and Means
AN ACT in relation to extending the duration of certain brownfield rede-
velopment and remediation tax credits for certain sites
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. (a) Notwithstanding any provision of law, rule or regu-
lation to the contrary, any site for which (i) a brownfield cleanup
agreement with the department of environmental conservation was entered
into on January 31, 2013, and later amended and executed on December 27,
2019 due to a sale of property, with respect to a site located at 125
Bath Street situate within the village of Ballston Spa, Saratoga county,
(ii) which received a certificate of completion on or before December
31, 2019, and (iii) that has not otherwise had property placed in
service upon such a site as of the effective date of this act, shall be
an eligible site for purposes of the brownfield redevelopment tax cred-
its available to such a site pursuant to section 21 of the tax law as in
effect for such a site as of the effective date of this act provided the
site preparation component shall be allowed for all applicable costs
incurred on such a site prior to and within the tax year in which
improvements on such a site are placed in service, and for a seven-year
period following the year property is first placed in service upon such
a site, provided, such a date occurs prior to the 2036 tax year, the
on-site ground water remediation component shall be allowed for all
applicable costs incurred on such a site prior to and within the tax
year in which improvements on such a site are placed in service, and for
a seven-year period following the year property is first placed in
service upon such a site, provided, such a date occurs prior to the 2036
tax year, and the tangible property credit component shall be allowed
for all applicable costs incurred on such a site prior to and within the
tax year in which improvements on such a site are placed in service, and
for a ten-year period following the year property is first placed in
service upon such a site, provided such a date occurs prior to the 2036
tax year.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14928-02-6
A. 10778 2
(b) In addition, any site for which (i) a brownfield cleanup agreement
with the department of environmental conservation was entered into on
January 31, 2013, and later amended and executed on December 27, 2019
due to a sale of property, with respect to a site located at 125 Bath
Street situate within the village of Ballston Spa, Saratoga county, (ii)
which received a certificate of completion on or before December 31,
2019, and (iii) that has not otherwise had property placed in service
upon such a site as of the effective date of this act shall be eligible
to claim the tax credit for remediated brownfields available to such a
site pursuant to section 22 of the tax law as in effect for such a site
as of the effective date of this act provided the benefit period as
applicable thereto shall be deemed to be a ten-consecutive-tax-year
period beginning with the tax year in which improvements on such a site
are placed in service where said benefit period shall begin no later
than the 2036 tax year.
(c) Further, any site for which (i) a brownfield cleanup agreement
with the department of environmental conservation was entered into on
January 31, 2013, and later amended and executed on December 27, 2019
due to a sale of property, with respect to a site located at 125 Bath
Street situate within the village of Ballston Spa, Saratoga county, (ii)
which received a certificate of completion on or before December 31,
2019, and (iii) that has not otherwise had property placed in service
upon such a site as of the effective date of this act, shall be an
eligible site for purposes of claiming the tax credit for remediated
brownfields available to such a site pursuant to section 22 of the tax
law, provided that such developer as defined under section 22 of the tax
law has purchased or in any other way has been conveyed all or any
portion of such a site from any other party who or which has been issued
a certificate of completion with respect to such site and further
provided that such purchase or conveyance occurs no later than the 2036
tax year.
ยง 2. This act shall take effect immediately.