STATE OF NEW YORK
________________________________________________________________________
7469
2013-2014 Regular Sessions
IN ASSEMBLY
May 21, 2013
___________
Introduced by M. of A. RUSSELL -- read once and referred to the Commit-
tee on Ways and Means
AN ACT to amend the tax law, in relation to establishing a biodiesel tax
exemption
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph 7 of subdivision (a) of section 301-b of the tax
2 law, as added by section 4 of part W-1 of chapter 109 of the laws of
3 2006, is amended to read as follows:
4 (7)(i) [Partial B20] Biodiesel exemption. [B20] Biodiesel imported or
5 caused to be imported into this state or produced, refined, manufactured
6 or compounded in this state by a petroleum business registered under
7 article twelve-A of this chapter, as a distributor of diesel motor fuel,
8 and then sold by such petroleum business.
9 (ii) Calculation of [partial] exemption. The amount of the [partial]
10 exemption under this paragraph shall be [determined by multiplying the
11 quantity of B20 times twenty percent of the applicable taxes otherwise
12 imposed by this article on such fuel] equal to the percent of biodiesel
13 per gallon.
14 (iii) For purposes of this paragraph, "biodiesel" shall mean a fuel
15 comprised exclusively of mono-alkyl esters of long chain fatty acids
16 derived from vegetable oils or animal fats, designated B100, which meets
17 the specifications of American Society of Testing and Materials desig-
18 nation D 6751.
19 § 2. This act shall take effect immediately; provided, however, that
20 the amendments to paragraph 7 of subdivision (a) of section 301-b of the
21 tax law made by section one of this act shall not affect the repeal of
22 such paragraph and shall be deemed repealed therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11088-01-3
