S T A T E O F N E W Y O R K
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5366
2025-2026 Regular Sessions
I N S E N A T E
February 21, 2025
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Introduced by Sen. COMRIE -- 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 providing a tax credit to
corporations that purchase qualified green construction equipment
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 61 to read as follows:
61. GREEN CONSTRUCTION TAX CREDIT. (A) A TAXPAYER LOCATED WITHIN THE
STATE SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS HEREINAFTER PROVIDED,
AGAINST THE TAX IMPOSED BY THIS ARTICLE. THE AMOUNT OF THE CREDIT SHALL
BE EQUAL TO THIRTY PERCENT OF THE TOTAL EXPENSES INCURRED DURING THE
TAXABLE YEAR IN PURCHASING QUALIFIED GREEN CONSTRUCTION EQUIPMENT.
(B) FOR THE PURPOSES OF THIS SUBDIVISION, "QUALIFIED GREEN
CONSTRUCTION EQUIPMENT" SHALL BE DEFINED AS HEAVY-DUTY VEHICLES,
PURCHASED WITHIN THE STATE, SPECIALLY DESIGNED FOR EXECUTING
CONSTRUCTION TASKS AND EARTHWORK OPERATIONS INCLUDING HEAVY MACHINES,
HEAVY TRUCKS, CONSTRUCTION EQUIPMENT, ENGINEERING EQUIPMENT, HEAVY VEHI-
CLES OR HEAVY HYDRAULICS. QUALIFIED GREEN CONSTRUCTION EQUIPMENT IS
PROHIBITED FROM:
(I) PRODUCING GREENHOUSE GAS EMISSIONS;
(II) UTILIZING FOSSIL FUELS; AND
(III) EMITTING TOXIC CHEMICALS.
(C) THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR
SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE AMOUNT
PRESCRIBED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION TWO HUNDRED
TEN OF THIS ARTICLE.
(D) THE AGGREGATE AMOUNT OF TAX CREDITS ALLOWED UNDER THIS SUBDIVISION
IN ANY CALENDAR YEAR STATEWIDE SHALL BE TEN MILLION DOLLARS. SUCH AGGRE-
GATE AMOUNT OF CREDITS SHALL BE ALLOCATED PURSUANT TO RULES AND REGU-
LATIONS PROMULGATED BY THE COMMISSIONER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09511-01-5
S. 5366 2
(E) THE COMMISSIONER SHALL DETERMINE THE PROCEDURE FOR CERTIFICATION
FOR THE CREDIT AUTHORIZED PURSUANT TO THIS SUBDIVISION.
§ 2. This act shall take effect immediately and shall apply to taxable
years commencing on or after such effective date.