Senate Bill S9833

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9833
 
                             I N  S E N A T E
 
                               April 7, 2026
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the tax law, in relation to requiring an  annual  brown-
   fields redevelopment tax credit report
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph 3-a of subdivision (a) of section 21 of  the  tax
 law, as added by chapter 390 of the laws of 2008, is amended by adding a
 new subparagraph (E) to read as follows:
   (E) (1) THE COMMISSIONER SHALL PUBLISH A BROWNFIELDS REDEVELOPMENT TAX
 CREDIT  REPORT  ANNUALLY  ON  OR  BEFORE  JUNE THIRTIETH. THE FIRST SUCH
 REPORT SHALL BE PUBLISHED ON OR  BEFORE  JUNE  THIRTIETH,  TWO  THOUSAND
 TWENTY-SIX.
   (2) THE BROWNFIELDS REDEVELOPMENT TAX CREDIT REPORT SHALL BE ABOUT THE
 BROWNFIELDS  REDEVELOPMENT  TAX CREDIT CLAIMED UNDER THIS SECTION DURING
 THE PREVIOUS CALENDAR YEAR AND SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I) THE NAME OF EACH TAXPAYER CLAIMING A CREDIT; PROVIDED HOWEVER,  IF
 THE  TAXPAYER  CLAIMS  A  CREDIT  BECAUSE  THE TAXPAYER IS A MEMBER OF A
 LIMITED LIABILITY COMPANY, A PARTNER IN A PARTNERSHIP OR  A  SHAREHOLDER
 IN A SUBCHAPTER S CORPORATION, THE NAME OF EACH LIMITED LIABILITY COMPA-
 NY,  PARTNERSHIP  OR  SUBCHAPTER S CORPORATION EARNING ANY OF THE CREDIT
 SHALL BE INCLUDED IN THE REPORT INSTEAD OF INFORMATION ABOUT THE TAXPAY-
 ER CLAIMING THE CREDIT.
   (II) THE AMOUNT OF EACH CREDIT  COMPONENT  EARNED  BY  EACH  TAXPAYER,
 INCLUDING  ALL  CREDITS  IDENTIFIED  IN THIS SECTION, INCLUDING, BUT NOT
 LIMITED TO, TANGIBLE PROPERTY, SITE PREPARATION, AND ON-SITE GROUNDWATER
 REMEDIATION CREDITS; PROVIDED HOWEVER, IF THE TAXPAYER CLAIMS  A  CREDIT
 BECAUSE THE TAXPAYER IS A MEMBER OF A LIMITED LIABILITY COMPANY, A PART-
 NER IN A PARTNERSHIP OR A SHAREHOLDER IN A SUBCHAPTER S CORPORATION, THE
 AMOUNT  OF  CREDIT  EARNED BY EACH ENTITY MUST BE INCLUDED IN THE REPORT
 INSTEAD OF INFORMATION ABOUT THE TAXPAYER CLAIMING THE CREDIT.
   (III) THE QUALIFIED SITE OR  QUALIFIED  TANGIBLE  PROPERTY  ASSOCIATED
 WITH EACH CLAIMED CREDIT IDENTIFIED IN THE ANNUAL REPORT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15493-01-6
 S. 9833                             2
 
   (IV) THE CERTIFICATE OF COMPLETION ASSOCIATED WITH EACH CLAIMED CREDIT
 IDENTIFIED IN THE ANNUAL REPORT.
   (V)  THE  NUMBER  OF CONSTRUCTION JOBS RELATED TO THE REDEVELOPMENT OF
 THE QUALIFIED SITE OR QUALIFIED TANGIBLE PROPERTY ASSOCIATED  WITH  EACH
 CLAIMED  CREDIT  IDENTIFIED  IN  THE  ANNUAL  REPORT, INCLUDING, BUT NOT
 LIMITED TO:
   (A) THE WAGE RATES AND ANY FRINGE OR  SUPPLEMENTAL  BENEFITS  PAID  TO
 CONSTRUCTION WORKERS ON SUCH SITE OR PROPERTY ON AN HOURLY BASIS;
   (B)  THE AGGREGATED WAGE RATES AND ANY FRINGE OR SUPPLEMENTAL BENEFITS
 PAID TO CONSTRUCTION WORKERS ON SUCH SITE OR PROPERTY;
   (C) EACH NEW YORK STATE REGISTERED APPRENTICESHIP PROGRAM IN WHICH ANY
 CONSTRUCTION WORKERS WHO PERFORMED WORK ON SUCH SITE  OR  PROPERTY  WERE
 REGISTERED  AS  APPRENTICES,  OR  ANY  CONTRACTOR OR SUBCONTRACTOR WAS A
 SPONSOR OR SIGNATORY; AND
   (D) THE NUMBER OF MWBE CONTRACTORS OR SUBCONTRACTORS,  AS  DEFINED  IN
 ARTICLE  FIFTEEN-A  OF  THE EXECUTIVE LAW, CONTRACTED TO PERFORM WORK ON
 SUCH SITE OR PROPERTY, INCLUDING THE AGGREGATE VALUE OF EACH CONTRACT TO
 EACH MWBE CONTRACTOR OR SUBCONTRACTOR CONTRACTED TO PERFORM WORK ON SUCH
 SITE OR PROPERTY.
   (3) THE BROWNFIELDS REDEVELOPMENT TAX CREDIT REPORT MAY  ALSO  CONTAIN
 ANY  OTHER INFORMATION RECEIVED BY THE COMMISSIONER REGARDING THE BROWN-
 FIELDS REDEVELOPMENT TAX CREDIT THAT THE COMMISSIONER DEEMS TO BE USEFUL
 IN EVALUATING THE USE OF THE CREDIT. THE  INFORMATION  INCLUDED  IN  THE
 BROWNFIELDS REDEVELOPMENT TAX CREDIT REPORT SHALL BE BASED ON THE INFOR-
 MATION  FILED  WITH THE DEPARTMENT DURING THE PREVIOUS CALENDAR YEAR, TO
 THE EXTENT THAT IT IS PRACTICABLE TO USE THAT INFORMATION.
   § 2. This act shall take effect immediately.