STATE OF NEW YORK
________________________________________________________________________
9833
IN SENATE
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:
1 Section 1. Paragraph 3-a of subdivision (a) of section 21 of the tax
2 law, as added by chapter 390 of the laws of 2008, is amended by adding a
3 new subparagraph (E) to read as follows:
4 (E) (1) The commissioner shall publish a brownfields redevelopment tax
5 credit report annually on or before June thirtieth. The first such
6 report shall be published on or before June thirtieth, two thousand
7 twenty-six.
8 (2) The brownfields redevelopment tax credit report shall be about the
9 brownfields redevelopment tax credit claimed under this section during
10 the previous calendar year and shall include, but not be limited to:
11 (i) the name of each taxpayer claiming a credit; provided however, if
12 the taxpayer claims a credit because the taxpayer is a member of a
13 limited liability company, a partner in a partnership or a shareholder
14 in a subchapter S corporation, the name of each limited liability compa-
15 ny, partnership or subchapter S corporation earning any of the credit
16 shall be included in the report instead of information about the taxpay-
17 er claiming the credit.
18 (ii) the amount of each credit component earned by each taxpayer,
19 including all credits identified in this section, including, but not
20 limited to, tangible property, site preparation, and on-site groundwater
21 remediation credits; provided however, if the taxpayer claims a credit
22 because the taxpayer is a member of a limited liability company, a part-
23 ner in a partnership or a shareholder in a subchapter S corporation, the
24 amount of credit earned by each entity must be included in the report
25 instead of information about the taxpayer claiming the credit.
26 (iii) the qualified site or qualified tangible property associated
27 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
1 (iv) the certificate of completion associated with each claimed credit
2 identified in the annual report.
3 (v) the number of construction jobs related to the redevelopment of
4 the qualified site or qualified tangible property associated with each
5 claimed credit identified in the annual report, including, but not
6 limited to:
7 (a) the wage rates and any fringe or supplemental benefits paid to
8 construction workers on such site or property on an hourly basis;
9 (b) the aggregated wage rates and any fringe or supplemental benefits
10 paid to construction workers on such site or property;
11 (c) each New York state registered apprenticeship program in which any
12 construction workers who performed work on such site or property were
13 registered as apprentices, or any contractor or subcontractor was a
14 sponsor or signatory; and
15 (d) the number of MWBE contractors or subcontractors, as defined in
16 article fifteen-A of the executive law, contracted to perform work on
17 such site or property, including the aggregate value of each contract to
18 each MWBE contractor or subcontractor contracted to perform work on such
19 site or property.
20 (3) The brownfields redevelopment tax credit report may also contain
21 any other information received by the commissioner regarding the brown-
22 fields redevelopment tax credit that the commissioner deems to be useful
23 in evaluating the use of the credit. The information included in the
24 brownfields redevelopment tax credit report shall be based on the infor-
25 mation filed with the department during the previous calendar year, to
26 the extent that it is practicable to use that information.
27 § 2. This act shall take effect immediately.
