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S09810 Summary:

BILL NOS09810
 
SAME ASSAME AS A10778
 
SPONSORTEDISCO
 
COSPNSR
 
MLTSPNSR
 
 
Extends the duration of certain brownfield redevelopment and remediation tax credits for 125 Bath Street within the village of Ballston Spa, Saratoga county.
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S09810 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9810
 
                    IN SENATE
 
                                      April 6, 2026
                                       ___________
 
        Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations
 
        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:
 
     1    Section  1.  (a)  Notwithstanding  any provision of law, rule or regu-
     2  lation to the contrary, any site for  which  (i)  a  brownfield  cleanup
     3  agreement  with the department of environmental conservation was entered
     4  into on January 31, 2013, and later amended and executed on December 27,
     5  2019 due to a sale of property, with respect to a site  located  at  125
     6  Bath Street situate within the village of Ballston Spa, Saratoga county,
     7  (ii)  which  received  a certificate of completion on or before December
     8  31, 2019, and (iii) that  has  not  otherwise  had  property  placed  in
     9  service  upon such a site as of the effective date of this act, shall be
    10  an eligible site for purposes of the brownfield redevelopment tax  cred-
    11  its available to such a site pursuant to section 21 of the tax law as in
    12  effect for such a site as of the effective date of this act provided the
    13  site  preparation  component  shall  be allowed for all applicable costs
    14  incurred on such a site prior to  and  within  the  tax  year  in  which
    15  improvements  on such a site are placed in service, and for a seven-year
    16  period following the year property is first placed in service upon  such
    17  a  site,  provided,  such  a date occurs prior to the 2036 tax year, the
    18  on-site ground water remediation component  shall  be  allowed  for  all
    19  applicable  costs  incurred  on  such a site prior to and within the tax
    20  year in which improvements on such a site are placed in service, and for
    21  a seven-year period following the  year  property  is  first  placed  in
    22  service upon such a site, provided, such a date occurs prior to the 2036
    23  tax  year,  and  the tangible property credit component shall be allowed
    24  for all applicable costs incurred on such a site prior to and within the
    25  tax year in which improvements on such a site are placed in service, and
    26  for a ten-year period following the year property  is  first  placed  in
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14928-02-6

        S. 9810                             2
 
     1  service  upon such a site, provided such a date occurs prior to the 2036
     2  tax year.
     3    (b) In addition, any site for which (i) a brownfield cleanup agreement
     4  with  the  department  of environmental conservation was entered into on
     5  January 31, 2013, and later amended and executed on  December  27,  2019
     6  due  to  a  sale of property, with respect to a site located at 125 Bath
     7  Street situate within the village of Ballston Spa, Saratoga county, (ii)
     8  which received a certificate of completion on  or  before  December  31,
     9  2019,  and  (iii)  that has not otherwise had property placed in service
    10  upon such a site as of the effective date of this act shall be  eligible
    11  to  claim  the tax credit for remediated brownfields available to such a
    12  site pursuant to section 22 of the tax law as in effect for such a  site
    13  as  of  the  effective  date  of this act provided the benefit period as
    14  applicable thereto shall be  deemed  to  be  a  ten-consecutive-tax-year
    15  period  beginning with the tax year in which improvements on such a site
    16  are placed in service where said benefit period  shall  begin  no  later
    17  than the 2036 tax year.
    18    (c)  Further,  any  site  for which (i) a brownfield cleanup agreement
    19  with the department of environmental conservation was  entered  into  on
    20  January  31,  2013,  and later amended and executed on December 27, 2019
    21  due to a sale of property, with respect to a site located  at  125  Bath
    22  Street situate within the village of Ballston Spa, Saratoga county, (ii)
    23  which  received  a  certificate  of completion on or before December 31,
    24  2019, and (iii) that has not otherwise had property  placed  in  service
    25  upon  such  a  site  as  of  the effective date of this act, shall be an
    26  eligible site for purposes of claiming the  tax  credit  for  remediated
    27  brownfields  available  to such a site pursuant to section 22 of the tax
    28  law, provided that such developer as defined under section 22 of the tax
    29  law has purchased or in any other way  has  been  conveyed  all  or  any
    30  portion of such a site from any other party who or which has been issued
    31  a  certificate  of  completion  with  respect  to  such site and further
    32  provided that such purchase or conveyance occurs no later than the  2036
    33  tax year.
    34    § 2. This act shall take effect immediately.
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